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HomeMy WebLinkAbout02-06-90 CCMDATE APPROVED; 2/20/90 DATE ISSUED: 3/ 2/90 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1990 Mayor Dunn called the City Council meeting to order at 7:00 p.m. in the Council chambers. Present: Dunn, Hunt, Williams, Armstrong (arrived 7:05 p.m.), City Engineer Larry Bohrer, City Attorney Steve Carlson and Acting -Administrator Mary Kueffner. Absent: Councilman Graves. 1. AGENDA Add: 8B. Attorney Carl Blondin's Contract, 11C. Adjustment of Operating Committees. M/S/P Williams/Hunt - to approve the February 6, 1990 City Council agenda as amended. (Motion carried 3-0). 2. MINUTES: January 16, 1990 M/S/P Williams/Hunt - to approve the January 16, 1.990 City Council minutes as amended. (Motion carried 4-0). 3. Claims Delete Claim #92916 DPRA - EIS Review: Invoice will be submitted to Metropolitan Council. M/S/P Hunt/Williams - to approve the February 6, 1990 Claims #92854 thru #92933; excluding Claim #92916 which will be submitted for payment to Met Council. (Motion carried 4-0). 4. PUBLIC INQUIRIES At the last Council meeting the City Engineer gave a report on road, construction for 1.990, Kelly Brookman asked why he didn't include 15th Street. Bohrer responded this project was ordered in 1.989 and the public hearings were held in 1989 for 1990 construction. Brockman pointed out that rebuilding a road for a private individual, with approx. a 2% assessement of the total cost, the rest of the taxpayers are icking up the balance. (See attached letter from Larry Bohrer on 15th Street Improvements.) Kelly Brockman asked the following questions: When will we get our recycling containers? Mary Kueffner explained on Wednesday there is a third review committee meeting, out of four, for grant applications. The final decision will be made on February 15, 1.990 by the entire Met Council. Kueffner added, we are looking for volunteers to help distribute these containers. Brockman answered he would be glad to help. When will the T.V. cable coverage start on the City Council meetings? Mary Kueffner explained two training sessions are left before we can officially tape the meetings on our own. LAKE ELMO CITY COUNCIL. MINUTES FEBRUARY 6, 1990 PAGE 2 Have you advertized for a new administrator or are you going to? Mayor Dunn responded the Personnel Review Committee will be making a recommendation soon. 5. REAPP REPORT Dick Acree, ReAPP Member, referred to his letter to the Council dated February 3, 1990 in regard to the issue of our contractor, DPRA, working on behalf of another client, to attempt to block the Anoka County/City of Ramsey site expansion. ReAPP decided it would be best if a letter was sent to DPRA stating we don't approve of DPRA proposing and possibly performing engineering duties on behalf of groups that are attempting to block landfill sites from selection, in conjunction with the current effort by the Metropolitan Council. Since the present contract between DPRA and the City does not clearly prohibit their participation in othersite evaluations, they are requesting the contract be amended to preclude similar situations on any other site. Also in this letter, ReAPP requested adding how pleased they were with the report from DPRA on review of other sites in Washington County that were rejected. Acree provided a rough draft letter for staff which included the amendment to Page 3 of the contract. M/S/P Williams/Hunt - to direct the Acting -Administrator to write the requested letter to DPRA including the suggested revision to the contract. (See amendment to Page 3 of contract) (Motion carried 4-0). 6. PLANNING/LAND USE AND ZONING: A. PUBLIC HEARING: Variance to Setback from OHWM and Shoreland Permit to Replace Septic System: Patrick Flanagan, 4473 Olson Lake Trail Mayor Dunn opened up the Public Hearing at 7:15 p.m. in the Council chambers. The Public Hearing notice was published and adjacent property owners were notified. There was no one to speak for or against the application. Patrick Flanagan, 4473 Olson Lake Trail. N., has applied for a Shoreland Permit to replace his existing septic system. This lot is on the west side of Olson Lake and shoreland regulations apply. Shoreland regulations require a 75 ft. setback from the high water elevation to the drainfield. The site evaluator and the City's Building Official viewed the site and recommended the system be installed 65 ft. from the high water elevation in order to have some flexibility in the construction. The hardship given was the existing location of the house and its proximity to the Lakeshore. The well is located on the roadside of the house. Mayor Dunn closed the public hearing at 7:17 p.m. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1990 PAGE 3 Councilwoman Armstrong stated she drove up to the site, saw where the well was staked and found there was an extreme drop down to the lake. She was in favor of anybody repairing their septic system when necessary. M/S/P Armstrong/Williams -• to approve the Shoreland Permit and Variance to setback from OHWM for Patrick Flanagan, 4473 Olson Lake Trail, to replace septic system with the hardship being the location of the house and the well and the topography of the land.. (Motion carried 4-0). B. PUBLIC HEARING: Variance from road right-of-way and Shoreland Permit for Addition to Existing Structure David & Mary Brown, 7990 N. 50th St. Mayor Dunn opened up the public hearing at 7:20 p.m. in the City Council chambers. The Public Hearing Notice was published and adjacent property owners were notified. There was no one to speak for or against the application. David and Mary Brown, 7990 50th St. N., have applied for a permit to construct a 7' x 13' desk and screened porch on the lake side of their home. They are in the Shoreland District of. Lake Olson and shoreland regulations apply. The deck is proposed to be about 65 feet from OHW mark where 1.00 feet is required; therefore, a variance has been requested. The deck would not extend beyond the front of the house, which is an existing non -conformity for setback. The hardship given was the deck would not increase the non -conformity which already exists for the house. Mayor Dunn closed the public hearing at 7:2,2 p.m. Councilman Hunt was by the area and didn't see any problem with flooding because the house was suitably far away. Councilwoman Armstrong visited the site and found the deck, which would not have a foundation, would not be as close to the lake as the actual house. M/S/P Hunt/Williams - to approve the Shoreland Permit and Variance to the front setback from the road right-of-way for the purpose of David & Mary Brown, 7990 N. 50th St, constructing an addition of a. 7' x 13' deck and screened porch to an existing single family dwelling based on the hardship being the deck would not increase the non -conformity which already exists for the house. (Motion carried 4-0). C. Shoreland Permit: Addition to Existing Structure Stephen & Elizabeth Johnson, 2945 Lake Elmo Avenue Stephen Johnson, 2945 Lake Elmo Avenue, has applied for a permit to construct an addition onto his house. This lot is within the Shoreland District and shoreland regulations apply. The addition will add a familly room and kitchen and expand an existing bedroom. Since one existing bedroom will be abandoned and a new one added, there was LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1.990 PAGE 4 no net change for septic system sizing. (The septic system was replaced recently). All building setbacks can be met and no variances are required. With this Shoreland application, Larry Bohrer pointed out there was a drawing for driveway access to 30th Street. When Rohrer spoke to Mr. Johnson, Johnson assumed that the driveway request was part of this permit application. Therefore, Bohrer reviewed both requests. See Larry Bohrer's letter, dated January 31, 1990 . Bohrer stated the proposed driveway to 30th street will serve the accessory structure that was recently approved. The concerns for this driveway are proof of ownership and drainage. The Council received a letter from Attorney Alan Tschida representing the Taylors, property owners to the west, regarding court determination of ownership of this 33' easement. Armstrong voiced, her concern, if this permit was approved for an addition, would it further complicate this property at the back. if this problem with the Taylors cannot be resolved„ she didn't see any way you could get to the pole barn. If in the future the Johnson's were to come back to the Council and ask for a variance because this addition has caused a hardship, the hardship would have been created by their own actions. Liz Johnson, applicant, explained there is room on the south side of the house to get building materials into the back of the house. I£ the issue of ownership of the 33' easement doesn't get resolved, Johnson stated she understood the pole shed could not be built. At this time, Johnson asked the Council not to consider the driveway permit request. M/S/P Hunt/Armstrong - to approve the shoreland permit for an addition to the existing structure for Stephen and Elizabeth Johnson, 2945 Lake Elmo Avenue, and that the record reflect the applicant requested the driveway issue not be considered at this time. (Motion carried 4-0). D. "The Forest", Development Stage and Rezoning At the September 26, 1989 Council Meeting, approval of the Development Stage Plan was postponed because Lots 7, 8 and 9 did not have at least one (1) acre of land suitable for septic system purposes. The soil was suitable, but the drainage easement established by the VBWD at elevation 917 occupied the western portion of the lots. The developer has proposed to fill out into the drainage easements to achieve the one -acre of high ground. This method was acceptable to VBWD as long as the filling does not r4i.se the flood level by more than 0.1 foot. Larry Bohrer pointed out in his letter, dated February 1st, the revised preliminary plat shows a revision in the road alignment at the west end of the platwhich was not requested by the City. The developer changed the relatively straight road to one that has two sharp reverse curves just before the cul-de-sac in order to save some significant trees. The sharp back-to-back curves would only allow a safe speed of 15-20 mph. In his opinion, this would create a LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1990 PAGE 5 hazardous condition and should not be approved. Bohrer suggested the road alignment should more closely conform to the preliminary plat previously reviewed by the City dated September 26, 1989. The Maintenance Foreman asked if he would be able to get his equipment in for snowplowing. The lane that goes around is 24' wide so Bohrer did not believe this would be too small for the type of equipment he would use. By opening up the entrance to the cul-de-sac by a teardrop shape, Bohrer felt this would be beneficial to school busses, would increase the site distance into the cul-de-sac and snowplowing would be made easier. M/S/P Williams/Hunt - to grant Development Approval for The Forest, based on the recommendation of the Planning Commission, and based on the following conditions: (Motion carried 4-0). (1) The staff prepare an ordinance for the rezoning of this parcel from AG to R1. (2) The City Attorney shall draw up a PUD Development Agreement which stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. (3) The applicant pay a park dedication fee of $450 for each of the newly created lots. (4) The road plan shown on Preliminary Plat dated September 26, 1989 shall be used and the grading plan for Lots 7,8, & 9 dated January 18, 1990 shall be used. E. Packard Park 3rd Addition Resolution NO. 90-9 and Developer's Agreement At the January 2nd meeting, the Council approved the final plat of Packard Park 3rd Addition and directed the staff_ to prepare the necessary resolution and developers' agreement. A draft copy of the resolution along with the developers' agreement was provided. for Council. review. Councilman Williams pointed out the word "developers" (plural) should be used consistently through the agreement. M/S/P Hunt/Williams - to adopt Resolution 90-9 accepting the final plat of Packard Park 3rd Addition, and to instruct the Mayor and City Administrator to sign the proposed development agreement; contingent upon applicant providing Performance Assurance in the amount of $155,000.00, and contingent upon applicant meeting all other conditions set forth in the Resolution. (Motion carried 3-1: Armstrong: Based on the reasons the Planning Commission voted 6-2 to deny the Final Plat of Packard Park 3rd Addition.) F. Comprehensive Plan Update Mike Black, James R. Hill, Inc., reviewed a draft copy of the Ci.ty's 1990 Comprehensive Plan (pages 1 through 53). Mr. Black read the written materials, but had not reviewed the map and exhibits which LAKE ELMO CITY COUNCIL, MINUTES FEBRUARY 6, I.990 PAGE 6 will be included in the plan. His comments are noted in his letter dated February 6, 1990, to the City Council. For Council consideration, Councilman Williams handed out a proposed Future Land Use Map showing less RE (2.5 acre) zoning. Williams proposed this map be taken to the Public Hearing as our Future Land Use Map. Fie explained now our overall density is 5.47 acres per house. The PZ map shows extensive RE (2.5 acres) which would bring the average lot size down to 2.6 acres per house. (The Met Council has indicated they would like 10 acres average for an unsewered area). The map presented by Councilman Williams would bring the average to approx. 3 to 3.5 acres per house. The Planning Commission will review this Future Land Use Map at their February 12th meeting. The Council set up a Comprehensive Plan Workshop --Future Land Use Map with Planner, Mike Black, for Tuesday, February 13th at 7:00 p.m. in City Hall. 7. CITY ENGINEER'S REPORT: A. Draft Ordinance for Drainfields At the January 2, 1990 Council meeting, the staff was directed to submit suggested wording to clarify the "one acre of land suitable for drainfield purposes" rule. The present wording does not conform to the wording in the proposed Comprehensive Plan and needed clarification because it requires two standards. In his letter, dated January 31, 1990, Larry Bohrer recommended proposed revisions to the "One Acre" Rule. Th.e Council reviewed the proposed wording and made the following changes: In Item 2. Add: PF and P Zoning Districts to the already stated GB, HB or CB Zoning Districts. In. the last sentence of the paragraph wording was added:.... sewage flow will exceed 3600 gallons per day, as determined by the City Engineer, suitability..... Item 3. was deleted. M/S/P Hunt/Williams - to call a public hearing for March 6, 1990 to consider amending the Lake Elmo Municipal Code to incorporate the clarification for drainfields proposed by the City Engineer in his memo dated January 31, 1990 and amended at the February 6, 1990 Council meeting. (Motion carried 4-0). The City Attorney will scrutinize the proposed revision before the Public Hearing. 8. CITY ATTORNEY'S REPORT: A. Draft Ordinance for Use of RV by Handicapped Persons on City Streets At a previous Council meeting, Mr. David Siedow inquired about use of RV's by handicapped persons on City Streets. The City Attorney was directed to investigate the State Law that allows for cities to set LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1990 PAGE 7 guidelines and allow handicapped persons the right to drive R.V.'s on city streets. If the Council was inclined to consider this ordinance, the City Attorney suggested the ordinance should specifically designate which city streets are allowed. The Council suggested the Acting Admin. contact Mr. Sei.dow and inform him of the proposed ordinance and the Council's intent to designate allowed roadways in this ordinance and ask him for his comments. The City Attorney provided the Council with a litigation report. M/S/P Hunt/Armstrong - to call an Executive Session at 6:00 p.m. in City Hall on Tuesday, February 13, 1990 to discuss pending litigation. (Motion carried 4-0). Repeal R-1 Zoning Ordinance: Councilman Williams asked he Attorney how can the Rl Zoning Ordinance be repealed. The attorney will look into what is involved for amending this ordinance and come back to the Council with a recommendation. B. Attorney Carl Blondin's Contract The City Council did not receive a copy for review of Carl Blondin's contract. Copies will be sent to the Council M/S/P Hunt/Williams -• to postpone consideration of Attorney Carl Blondin's contract until the February 20, 1990 City Council meeting. (Motion carried 4-0). 9. PLANNING COMMISSION RESIGNATION/APPOINTMENT Barbara Haacke has resigned from the Planning Commission. We now have four vacancies on the commission, two regular full -voting members and two alternates. The City received 5 applications. M/S/P Hunt/Armstrong - to accept the resignation of Barbara Haacke from the Planning Commission. (Motion carried 4-0). M/S/P Williams/Hunt - to direct the staff to prepare a Resolution commending Barbara Haacke for her years of service on the Planning Commission. (Motion carried 4-0). M/S/P Armstrong/Hunt - to appoint Karen Johnston, 8200 Hill Trail N., and James Arkell, 8131 Hidden Bay Tril N., as Full -Voting members of - the Lake Elmo Planning Commission. (Motion carried 4-0). M/S/P Williams/Armstrong - to appoint Debra Wilfong, 2229 Legion Avenue N., as First Alternate and Lonny Thomas, 11230 12th St., as Second Alternate to the Lake Elmo Planning Commission. (Motion carried 3-1: Dunn: She would like to see someone representing another area of the City.) LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1990 PAGE B The Council encouraged the Planning Commission members to attend the Planning Commission seminars. 10. PARKS COMMISSION RESIGNATION/APPOINTMENT Donna Bance has resigned from the Parks Commission. There is one vacancy on the Commission, of Second Alternate. Karin Enes applied last year, but there were more applicants than there were seats, and Karin asked that she be considered the next time there was an opening. Nancy Hansen, Parks Chair, recommended that the Council appoint Karin Enes to this position. M/S/P Armstrong/Hunt - to accept Donna Bance's resignation from the Parks Commission and direct the staff to send her a follow-up letter. (Motion carried 4-0). M/S/P Hunt/Williams - to appoint Karin Enes to the Parks Commission to serve out the term of Donna Bance, Second Alternate. (Motion carried 4-0). 1.1. CITY COUNCIL REPORTS: A. CIP Committee Report on Computer for Finance Department The CIP committee met with staff regarding the purchase of the computer system for the finance department. There was also some discussion at this meeting regarding upgrading the free-standing computers in the office. The committee will. meet again before bringing a recommendation to the Full Council. QuoteSfor purchaseAa fax machine were received from D.C. Hey that carried Sharp's and Wahl and Wahl that carried Ricoh's. Both of these companies offer a range of machines, and information was provided to the Council. It appeared to the staff that the best deal is the Model 750 from Sharp at a cost of $1625.00 including a one-year annual full -service maintenance agreement. M/S/P Hunt/Williams - to approve the Finance Department's Computer Package as presented to the Council at the 1/16/90 meeting and modified by the CIP Committee be purchased for the Finance Dept. and this is within budget. (Motion carried 4-0). M/S/P Williams/Armstrong - to approve the purchase of a Sharp FO-750 Facsimile from D.C. Hey at a cost of $1,625.00. (Motion carried 4-0). B. Annual Board of Review County Assessor, Scott Renee, notified the Council regarding the City's 1990 Board of Review scheduled for April. 11th, at 3:00 p.m., in the City Council chambers. Mr. Renee noted the local Boards must have a quorum of the members LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1990 PAGE 9 present at the meeting in order to comply with State Law. An information packet about the 1.990 assessment and specific responsibilites of Local Boards will be sent to the Council in a month. C. Adjustment of Operating Committees Councilman Hunt brought to the attention of the Council that both Councilman Williams and himself were on the CIP Committee and Budget Committee, and felt they needed an outsider's view. Hunt asked Councilwoman Armstrong if she would be interested in sitting on the Budget Committee. M/S/P Hunt/Williams - to appoint Councilwoman Armstrong to replace Councilman Hunt on the Budget Committee and Councilman Hunt be appointed to replace Councilwoman Armstrong on the Personnel Committee. (Motion carried 4-0). D. OTHER Mayor Dunn reported: She attended the Tri-Lakes Assoc. annual meeting. News Release: The Senate wants everyone to know on February 12th they are convening and will be on Regional Cable channel 6. MN Board of Water and Soil Resources regarding the Browns Creek Water Management Plan. The Council suggested submitting an article in the Newsletter asking if anyone is interested in serving on the Browns Creek Watershed. 12. CITY ADMINISTRATOR'S REPORT: A. Insurance Package - Renewal David Holmberg, Zignego Agency, submitted to the Council an Insurance Package/Renewal Premium Summary and Binder to continue coverage through the League of Minnesota Cities Insurance Trust and a cost comparison from last year. In Peter Tritz's letter of December 1, 1.989 he notified that the City must waive or not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. Mr. Tritz also points out that the statutory liability limits have been upheld in two recent Minnesota Supreme Court cases. Tritz gave out examples as to some kinds of liability to which the statutory limits either don't or might not apply. M/S/P Armstrong/Hunt - the city does not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. (Motion carried 4-0). M/S/P Hunt/Williams - to renew the insurance package submitted by Zignego Agency Inc./Insurance dated 1/30/90 in the North Star Risk LAKE ELMO CITY COUNCIL, MINUTES FEBRUARY 6, 1990 PAGE 10 Services attachment to our packet. (Motion carried 4-0). ( B. Insurance - Continuation from 1-16-90 M/S/P Hunt/Williams - to bring back for Council consideration Item 12B. (Motion carried 4-0). At the January 16th meeting, the'Council directed their staff to ask the City's Insurance consultant to comment on this insurance proposal. David Holmberg of Zignego Insurance Agency submitted a response regarding the Accident and Disability Coverage proposed by the League of Minnesota Cities. This was not the supplement coverage that would meet the criteria Parks Chair, Nancy Hansen was interested in. C. Annual Clerk's Convention Mary Kueffner requested approval for attending the Annual Clerks Convention in Brainerd on March 20 thru 23, 1.990. The cost of the conference is about $125.00 and the accomodations are $187.61 for a total of $312.61. There is $1000 budgeted for conferences and schools. M/S/P Armstrong/Hunt - to approve Mary Kueffner attending the Annual Clerks Convention in Brainerd on March 20 thru 23, 1990 with a total cost of $312.61 for conference and accomodations. (Motion carried 4-0). D. Annual Garage Sale and Containers for the VFW The Annual Garage Sale is planned to be held at the VFW on Easter Weekend (April 14th). Solid Waste Chair., Bruce Dunn, reported the VFW desires to start recycling. Dunn suggested the City purchase 3-32 gal. containers for the VFW to use for recycling in return for the use of the VFW Hall for the Garage Sale. M/S/P Armstrong/Hunt - to approve the purchase of 3-32 gallon containers for the VFW to use as recycling containers in return for use of the VFW Hall for the Annual Garage Sale. (Motion carried 4-0). M/S/P Hunt/Armstrong - to adjourn the City Council meeting at 9:50 p.m. (Motion carried 4-0). Resolution 90-9 -- Resolution Approving Final Plat of Packard Park Third Addition FEB 15 '90 15:00 T K D A & ASSOC., INC. ENGINEERS ARCHITECTS PLANNB198 February 15, 1990 Honorable Mayor and City Council Lake Limo, Minnesota Re: 15th Street Improvements Lake Elmo, Minnesota Commission No. 9492 Dear Mayor and Council P.3 ATTACTIENT 1 TOLTY, KtNO. DUVALL, ANOOR80N AND ADEOOIATSS, INCORPORATED 2090 AMERICAN NATIONAL DANK BUILDING SAINT PAUL. MINNEBOTASBIDt et9n9¢r+oo PAX 0191290.0000 During the public inquiry portion of the February 6,1990 Council meeting, questions were raised as to the necessity of improving I ft Street and to the history of its initiation as an MSA project, Since I was not prepared to respond at that meeting with all of the facts, the Mayor asked that I prepare this letter for the record. The recommendations to improve this road and seek MSA designation was initiated by me, as City Engineer, in about 1986. The road was in poor condition from school buses and truck traffic:, The City bad spent considerable time and funds patching the blacktop and filling ruts. In the spring of 1988, the road was closed due to these severe conditions, The road functioned as a through street and not a local street. Improving the street with just local funds would be virtually impossible. For these masons, and with the Council concurrence, I inquired of Elmer Morris, District State Aid Engineer, if the City could designate this road as MSA. He said the road could not because it did not tem-dnate at a State Aid Road (Inwood Avenue was a County Road) and 15th Street was not shown as a "collector" on the City's Transportation Map in the Comprehensive Plan, In 1987, the City submitted a request to Washington County to designate Inwood Avenue as a County State Aid Highway and requested the Metropolitan Council approve a revision to the City's Transportation Plan Map. In 1988, the County and the Metropolitan Council approved the City's request, In 1989, the City re -applied for MSA designation and based upon the previous County and Metropolitan Council actions, 15th Street was added to the MSA system. On May 2,1989, the City held a public hearing and subsequently ordered the project, TKDA was instructed to perform surveys, prepare plans, and assist with right-of-way acquisition, Construction will take place in the sununer of 1990. FEE 15 190 15.08 T K D A & ASSOC., INC. p.q Honorable .Mayor and City Council Lake Elmo, Minnesota February 15, 1990 Page Two The present traffic count on 15th Street is 750 vehicles per day. The only local streets which exceed this are Jamaca Avenue, Lake Jane Trail, and 20th Street at the Tartan Park entrance. On February 7,1990, I telephoned Mr. Kelly Brockman and gave him the above information. Sincerely yours. LAB; j CLAIMS TO BE APPROVED AT FEBRUARY 6, 1990 LAKE ELMO COUNCIL MEETING (all claims are within budget unless otherwise noted) ( 92854 92857 thru $ Park Shelter Workers 718.03 92858 Commissioner of Revenue - Water Fund Sales tax 209.14 92859 Department of Nat'l Resources - Water Fund annual permit 25.00 92860 U of M - Tree Inspector school - Mike Bouthilet 40.00 92861 Valley Paving - final pmt, streets(approved 12/5 mtg.) 3,740.56 92862 92863 Postmaster - postage meter State Treas. - 4th Quarter building surcharge 400.00 591.73 92864 Commissioner of Revenue - .Tan. State withholding 926.00 92865 Cub Foods - Holiday party 93.81 73.29 92866 Margaret Carlson - paper products holiday Party 48.96 92867 92868 Rainbow - Holiday Party Rosemary Armstrong - Cake & meatballs Holiday Party 49.46 92869 Marcy Eischen - Holiday Party 50.00 324.00 92870 Lehart Friedrich - Sunfish Park planting 1,500.00 92871 92872 Fr.ank.Langer - assessor Washington County - record resolutions 10.00 92873 League of MN Cities - Feb. Hosp, insurance premium 2,428.38 92874 Allied Group Insurance Trust - Feb. insurance premium 81.79 92875 Minn. Benefit Assn. - February premium 51.00 221.88 92876 92877 Spartan - "1989 Mugs" American Linen Supply - Office Bldg maint. 32.57 92878 Allied Electrical - Office lights repaired (per bid) 400.00 Servicemaster - office & council chambers carpet cleaning 120.05 (`'879 _880 American Typewriter Office Supplies $ 127.82 311.36 439.18 Fire Dept, supplies 92881 TMT Recycling - Dec $ 1,998,52 3,926.18 ,Tan. l 92T.'66 92882 92883. Michael. Smith - January Animal Control Officer Caswell & Associates - Final billing (invoice attached) 411.00 1,262.50, 92884 Carl Blondin , monthly retainer 900.00 92885 Northern States Power - Office $ 247.87 Fire Dept. 643.65 maint, bept. 660.35 Street Lites 742.54 Park Fund 532.47 Sewer Fund 18.96 Water Fund 420.30 30266.14 92886 US West - Office $ 170.21 Fire 85.40 Haint. 54.46 Park 18,63 328.70 92887 AT & T - Office Telephones 66.95 5.99 92888 AT & T Maint. Dept. long Distance 730.60 92889 T,H.T „'Inc. - Fire Dept. truck repair # 1 bid 6,230.00 92890 Ryan Roofing - Reroof Fire Station per Fire Dept, 61.00 92891 92892 St. Croix Valley Clinig - physicals Washington County Fire Chiefs Assn. - 1990 dues 10.00 92893 Bemidji Fire Department - Fire Chiefs conference 90,00 11.00 ' ?894 Richard Sachs - Capitol City Regional 279.30 ` x2895 Menards -- Fire Dept, building repair 2 960,00 92896 Al Zuercher Well Drilling - new pump Fire Station 82.50 92897 Affordable Truck Tire Service - Fire Dept, truck maint, (over) FEBRUARY 6th CLAIMS (continued) 898 Instalert Electrosonics - Fire Dept. radio service 899 Clareys Safety Equipment - Fire Dept, supplies 900 Minn. Fire Agencies Purchasing Consortium 1990 dues 901 Chase/Clark Credit Corp. - Maint. front end loader pmt 902 Pioneer Rim & Wheel - Maint. Dept, truck repair 903 Safety-K1een Corp. - Maint. Dept.supplies 904 Thompson Hardware - Maint. Dept. supplies 905 Truck Utilities Mfg. Co. - Maint. Dept. truck repair 906 Yocum Oil Co, - Maint. Dept. .907 Northern Handyman - Maint. Dept. truck repair 908 The Hotsy Corp. 0 Washer approved 1/16/90 council mtg 909 Wear -Guard - Maint. Dept. clothing allowance 910 Capitol Supply Co. - Maint. Dept. supplies 911 Washington County - Grading thru Dec, $ 332.52 Sand & Salt - thru Dec. 540.99 912 General Communications - Maint, Dept, radio repair .913 Sweeney Bros. Tractor -Maint. Dept. •914 Midwest Wire & Steel Products - Maint. Dept. .915 Garelick Steel Co. - Maint, Dept. •916 DPR- EIS Review - invoices attached 9�1T A_Leonard, Street & Deinard - invoices attached ,918 First Trust - Park Bond Payment .919 thru 933 February 9th payroll Total, $ 41.79 152.20 25.00 1,556.00 53.40 53.53 85.54 120.25 340.34 80.13 2,805.50 58.49, 10.92 873.51 155.70 57.35 41,90 197.70 5,097.76 715.00 35,899.38 10,450.32 $ 90,068.40 3 JAN 1 2 1990 LAW OP CES CASWELL & ASSOCIATES, P. A. 6070 50m STREET NORTH, JCr. HWYS.3 Q120 OAKDALE, MINNESOTA 66109 SELDON H. CASWELL (612) 779.0233 PARALEGALS GLEN M. JACOBSEN SANDRA R. THIELING January 9, 1990 DOROTHY K. BOUTHILEr CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 - Pay to: CASWELL & ASSOCIATES, P.A. DATE HOURS AMOUNT January 2, 1990 1/2 Preparation for and Pre-trial on State v. Gerald Duane Knutson $ 25.00 January 2, 1990 1/2 Preparation for and Pre-trial on State v. Dennis Michael Bohl $ 25.00 January 2, 1990 3/4 Preparation for and Pre-trial on State v. Edward Dean Fuchs (GM) $ 37.50 January 2, 1990 2 1/2 Preparation of Gross Misdemeanor Complaint -- State v. William Joseph Tentis $125.00 January 3, 1990 2 File preparation -- organize files for Mr. Blondin $100.00 December, 1989 Retainer for Prosecution Work $950.00 TOTAL: $1262.50 1, GLEN M. JACOBSEN, declare under the penalties of perjury that this claim is just and correct and no part of it has been paid. The effect of this declaration shall be the same as if subscribed and sworn to under oath. JAN 1 7 1990 E-1500 first National Bank Building, St. Paul, Minnesota 55101 Telephone 612-227-6500 INVOICE Ms. Mary Kueffner, Acting City Administrator Date: January 12, 1990 City of Lake Elmo 3800 Laverne Avenue North Invoice Number: 5175.001 VR1 Lake Elmo, MN 55042 DPRA Project Number: 5175.001 Subject: EIS Review for Proposed Landfill Site G in Lake Elmo Professional Services from 5/2/89 through 12/25/89: CURRENT CUMULATIVE REMAINING Hours Dollars Hours Dollars Hours Dollars 1. DPRA Labor o Professional 80 4,753.20 80 4,753.20 602 34,135.80 o Clerical/Accounting 11 287.44 it 287.44 34 1,168.56 91 5,0— 4(T.94 91 5,040.64 696 35,304.36 2. Geraghty & Miller Subcontract Labor and Expenses* - - - - 463 48,835.00 3. Other Direct Costs o Computer/Word Proc. 18.90 18.90 o Copies 13.50 13.50 o Telephone/Postage - - o Mileage, Misc. 24.72 24.72 57.12 57.12 4. Totals 91 5,097.76 5,097.76 1099 84,082.24 Total Amount Due This Invoice . . . . . . . . .$5,097.76 * Labor and expenses incurred by Geraghty and Miller from May -December, 1989 will be invoiced next month. 200 Research Drive P.O. Box 727 Manhattan, Kansas 66502 Telephone 913-5393565 T31ex 704314 Other offices: Washington. D.C., St. Paul, Chicago, Denver, Dallas, Kansas City. Oak Ridge, Kisumu, Kenya PROGRESS REPORT Project: EIS Review for Proposed Landfill Site G in Lake Elmo Project #: 5175.001 Date: January 12, 1990 Reporting Period: 5/2/89 - 12/25/89 Activities Undertaken During the Reportinq Period During the period of May 2, 1989 - December 25, 1989, staff from DPRA incorporated and Geraghty and Miller, Inc. (i.e., the project team) began work under a professional services contract with the City of Lake Elmo (executed Mav 5, 1989 and amended December 4, 1989). The project team's activities during this time are briefly described below: Develop scope of work, work plan, and contract language for approval by the City. Conduct meeting (5/2/89) at DPRA with City and ReAPP representatives to discuss work scope and contract. 0 o Attend meeting (5/11/89) in Washington County with County staff, EIS contractor, and ReAPP representative to discuss procedures for infor- mation flow between consultants. o Arrange and conduct field investigation (8/21/89) of Site G, observe geophysical testing, and document observations. o Conduct meeting (9/13/89) at DPRA with ReAPP representative to discuss project status and expanded scope of work to include groundwater modeling, a review of rejected sites within the County, and respond tc Weston's comments on the EIS. o Revise work plan and contract to incorporate expanded work scope, priorities, and schedule discussed in meeting and subsequent conver- sations. o Conduct meeting (12/14/89) at DPRA with representatives from the law firm of Leonard, Street and Deinard and ReAPP to discuss project sta- tus, anticipated activities, and technical and legal strategies to be employed in the EIS review. o Initiate a review of materials on the rejected candidate landfill sites in Washington County to determine whether similarities exist between these sites and Site G. o Request information from the County, both verbally and in writinsion of regarding the site visit, geophysical testing methodology, status of EIS comment period, health risk assessment methodology, and geo/hydro technical memorandum. Activities Anticipated Next Month During the month of January, the project team will complete its review of the rejected sites and submit a memorandum of its findings. We also will ini- tiate the review of the geo/hydro technical memorandum, which we received on January 9, 1989. Changes in Personnel and Schedule None. C JArl 1 2 1990 LAW OFFICES LEONARD, STREET AND DEINARD A PARTNERSHIP INCLUOINO PROFESSIONAL CORPORATIONS SUITE 2300 150 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 City of Lake Elmo CONFIDENTIAL January 10, 1990 3880 Laverne Avenue North 12370-11817 Lake Elmo, Minnesota 55042 62565 Attention: Ms. Patricia Morrison, Administrator FED. I.D. 41-1431093 ------------------------------------------------------------------------ THIS INVOICE IS PAYABLE UPON RECEIPT For professional services rendered through December 30, 1989 in connection with City of Lake Elmo V. Washington County and Metropolitan Council, including the following: 12/08/89 EGS Review correspondence; telephone 0.75 82.50 conferences with Dick Acre, Chris Laryk and Pat Morrison regarding meeting. 12/11/89 EGS Review contract with City and 0.25 27.50 consultant; office conference. 12/14/89 EGS Attend meeting with consultant; 1.25 137.50 review latest update for Washington County. 12/18/89 EGS Review material from Met Council; 0.25 27.50 telephone conference with Todd Williams. 12/19/89 EGS Telephone conference with Pat 0.75 82.50 Morrison, Todd Williams and Wayne Nelson; prepare for meeting: 12/20/89 EGS Attend meeting regarding buffer area 2.75 302.50 at Met Council; discuss same with client. 12/23/89 EGS Review deeds and maps. 0.50 55.00 Attorney/Paralegal Hours Rate Amount Ellen G. Sampson 6.50 110.00 715.00 *continued on next page* LAW OFFICES LEONARD, STREET AND DEINARD A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 2300 150 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 Page 2 CONFIDENTIAL City of Lake Elmo TO THE FOREGOING . . . . . . . . . . . . . . . . TOTAL INVOICE: January 10, 1990 12370-11817 62565 $715.00 $715.00 Statement o.f.Account **+****************r Beginning balance as of 12/18/89 Current invoice 445.90 Payments since 12/18/89 715.00 Adjustments since 12/18/89 0.00 0.00 TOTAL BALANCE DUE: $1,160.90 DISBURSEMENTS, IF ANY, NOT YET BILLED WILL APPEAR ON A LATER STATEMENT PLEASE RETURN ACCOUNTING COPY WITH YOUR REMITTANCE 1 i JAMES R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 9401 JAMEs AVE. SO., SUITE 140, 13E00MINGTON, MN 55431 612/884-3029 FAX 884-9518 MEMORANDUM TO: Mayor, City Coun itand1 Acting City Administrator FROM: Michael J. Black Y7 DATE: February 6, 1990 RE: CITY of LAKE ELMO 1989 COMPREHENSIVE PLAN I have reviewed a draft copy of the CITY of LAKE ELMO 1989 COMPREHENSIVE PLAN (pages 1 through 53). I have only read the written materials and have not reviewed the map and exhibits which will be included in the plan. My first comment is that I recognize the thought and effort that has been done in preparing this plan. The work is very thorough and clear in policy direction. A good analysis.of government influences, natural conditions, demographics, housing and existing land use has been done. Each section also contains well written (and very appropriate) goals and policies. The.fo.11owing general City policy is clearly reflected in this draft plan: 1. The desire to maintain a rural character and where appropriate to protect agricultural land use activities. 2. Additional low density residential development will be encouraged. 3. The City is and will continue to be concerned with the fiscal impact on the City to provide City services for new development. 4. The protection of natural resources and mitigation of negative impacts from development activity is important. 5. The need to further evaluate.the amount and location of commercial -retail development. 6. The importance for strong, effective on -site sewage standards, regulations and stringent system maintenance requirements. I am only slightly concerned with the implementation section(s) of the document. I belive my concerns are only a need for clarification or perhaps minor re -organizing of the information already in the plan. Of course a major current void is the Future Land Use Map which I have not reviewed. Mayor, City Council and Acting City Administrator February 6, 1990 Page 2 Ms. Mary Kueffner has asked me to review the draft plan, give my general comments, recommend specific actions for completing the document (ready for public hearings) and estimate related costs. I, again commend those who have participated in preparing this plan, the job is 85% to 90% completed. I suggested that at least two meetings be scheduled with the committee responsible for the plan preparation. The first meeting would be to: 1. Discuss, review and clarify the City's intentions in various sections; 2. Discuss the format and organization of the data in the plan; 3. Begin discussing the Future Land Use Plan, Transportation Plan and Public Facilities Plan. The second meeting would be to review the suggested changes in written materials and maps or exhibits as discussed. A third meeting with the City Council may be appropriate prior to scheduling a public hearing. I estimate that approximately 8 to 12 hours will be needed in meeting time. A maximum of 30 hours in further review and suggested format changes may also be needed. Hence, my related cost for time to be spent on this should not exceed $2,500.00. I cannot at this time give you related costs for drafting of various maps and exhibits. I will first need to know which exhibits need to be done and to what detail. I look forward to further discussion with the City of Lake Elmo on this. JAMEs R. HILL., INC. PLANNERS ENGINEERS SURVEYORS { 9401 DAMES AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAx 884-9518 MEMORANDUM TO: Ms. Mary KueffnerrI,-} cting t�ity Administrator FROM: Michael J. Black V� tc DATE: February 9, 1990 RE: P and PF Draft Ordinances At your request, I have reviewed the draft P and PF ordinances and here- in offer my comments. I will first g'ive.you comments to the approach of public and quasi -pubic zoning controls and then offer specific comments to each proposed zoning district regulation. The concept of separate zoning district for public facilities versus private or quasi -public facilities is not a common approach. That does not however mean it is wrong or inappropriate. Most cities do set separate zoning standards and regulations for public versus private or quasi -public facilities. Typically, land uses such as churches, schools, private commercial recreation and similar uses are allowed by conditional use permit. These uses typically involve increased traffic and parking and outdoor activities which could have a detrimental effect on the health, safety and general welfare of the surrounding land uses and the community. The existing Lake Elmo zoning code does have separate P and PF zoning district. However, the base zoning map dated March 15, 1983, which I acquired from the Washington County Planning Department, only has a P public zone. I assume that since the zoning text has two separate districts that the zoning map has been amended. P - PUBIIC FACILITIES In paragraph 12.a.(1) the City may wish to add the words "and governmen- tal service and administrative needs for...". The City does provide other services other than administrative. The Waste Management Act of 1980 does give the County authority to override the last sentence in paragraph (1). The Metropolitan Council is also seeking legislation for local zoning override where local regulations do not conform to Waste Management regulations. I questions why or if paragraph b.(2) pertaining to architectural compatibility is needed or necessary. The wording is subject to interpretation and may simply be too restrictive (and sometimes cost prohibitive). The minimum lot width is proposed to be increased from 100 feet to 125 feet. A minimum lot width may not even be necessary. Ms. Mary Kueffner February 9, 1990 Page 2 It is always difficult trying to list all land uses one would expect in a particular zoning district. However, the more specific a code is including clear definitions, the less chance there is for misinterprets-, tion. Does the City have a separate private nature sanctuary or is it an area of passive open space (perhaps heavily wooded) in a large private park? Should a nature sanctuary be permitted by conditional use permit? Some private recreation facilities such as health/sport clubs, roller rinks and golf club houses or driving ranges tend to be more of a commercial related land use and may also be an appropriate conditional use in business zones. I do not have a copy of the entire Lake Elmo Code Book; however, it may not be necessary to place liquor regulations in the zoning code. I again question the need for architectural compatibility in accessory structures as they relate to the principal structure. This particular section with the list of conditional uses may be appropriate to reference parking standard requirements. Typically spires, chimneys, flag poles, antennas, etc. are allowed to exceed the maximum height limitation. _Since the City -has created a PF zone, is it the City's intention to plan for future PF zones by identifying them on the future land use map? If so, in order for a church to locate in the City they may need a Compre- hensive Guide Plan Amendment, a rezoning and a conditional use permit. DEVELOPMENT AGREEMENT PACKARD PARK THIRD ADDITION THIS AGREEMENT, made and entered into this day of 1990, by and between the City of Lake Elmo, a Minnesota Municipal Corporation (hereinafter called "City") and Gene M. Peltier and Ann E. Peltier, husband and wife (hereinafter called "Developers"), WITNESSETH: WHEREAS, the Developers have made application to the City Council for approval of a land development pursuant to Lake Elmo City Ordinance Section 301.070.D.I E., within the corporate limits of the City, described as follows: That part of Government Lot 3, Section 24, Township 29 North, Range 21 West, described as follows: Beginning at the southwest corner of PACKARD PARK 2ND ADDITION, accordingly to the plat on file in the office of the County Recorder, Washington County, Minnesota; thence South 88 degrees 56 minutes 33 seconds West, bearing oriented to said plat, along the north line of the South 270.90 feet of said Government Lot 3, also being the north line of the South 13.39 acres of said Government Lot 3, a distance of 812.99 feet to the southeast comer of the tract described in Book 105 of Deeds, page 240, as recorded in said office of the County Recorder; thence North 01 degree 03 minutes 27 seconds West along the easterly line of said tract 200.00 feet to fire northeast corner of said tract; thence South 88 degrees 56 minutes 33 seconds West along the north line of said tract and along the northerly line of the tract described in Book 96 of Deeds, page 98, a distance of 628 feet, more or less, to the shore line of Lake Elmo; thence northerly along said shore line 725, feet, more or less to the south line of the tract described in Book I of Deeds, page 11, as recorded and on file in said office of the County Recorder; thence North 89 degrees 00 minutes 23 seconds East along said south line 1278 feet, more or less to the northwest corner of said PACKARD PARK 2ND ADDITION; thence South 00 degrees 59 minutes 37 seconds East along the westerly line of said plat 136.54 feet; thence South 45 degrees I I minutes 44 seconds East along said westerly line 187.27 feet; thence South 44 degrees 48 minutes 16 seconds West along said westerly line 60.00 feet; thence South 45 degrees 11 minutes 44 seconds East along said westerly line 60.00 feet; thence South 44 degrees 48 minutes 16 seconds East along said westerly line 330.00 feet; thence South 45 degrees I I minutes 44 seconds East along said westerly line 198.64 feet; thence South 23 degrees 46 minutes 10 seconds East along said westerly line 201.99 feet to the point of beginning. WHEREAS, the City Council, on September 5, 1989 granted preliminary approval for the subdivision of Packard Park Third Addition, on the condition that the Developers enter into this agreement to provide for the installation of streets, utilities, landscaping and other improvements hereafter described in the terms and conditions hereafter set forth; and WHEREAS, the Developers hereby warrant and represent to the City as inducement to the City's entering into this Agreement that Developer's interest in the land area of the Development is fee owner; and WHEREAS, the Developers agree to provide permanent drainage and ponding easements. NOW, THEREFORE, and in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements shall be constructed and installed on the terns and conditions hereinafter contained: A. Street grading, gravel base, bituminous surfacing, bituminous curb, construction of berms and boulevards, and turf restoration including seeding and mulching (hereinafter called "Street Improvements); B. Drainage facilities, including all necessary storn sewers, catch basins, ponds, inlets and other appurtenances as well as seeding and mulching (hereinafter called "Storm Sewer Improvements"); C. Standard street name signs at all newly opened intersections, "No Parking" signs, and such other traffic control signs within the subdivision determined to be necessary by the City Engineer (hereinafter called "Traffic Signing Improvements"); D. Underground gas, electric and telephone service to be arranged by the Developers with the utility companies involved (hereinafter called "Utility Improvements"); C 2, PM' 2 911 t1`!J INI1!ROVEIy1ENTS Prior to any construction, plans and specifications for all storm sewer facilities, grading, bituminous curb and bituminous surfacing, whether to be public or private shall be prepared by a Registered Professional Civil Engineer and submitted to the City Engineer for approval. The Developer, through his engineer, shall provide for competent daily inspection of all street and utility construction, both public and private. As -built drawings on reproducible mylar and certificates of completion and compliance with approved. specifications shall also be delivered to the City Engineer. Prior to acceptance by the City of any streets or utilities or commencement of maintenance thereof by the City, the City Engineer shall inspect and approve the same and signify his approval for acceptance in writing. As a condition of final acceptance, the turf on disturbed areas shall be so established that there are no visible signs of erosion. Developers, by this instrument, agree to a one (1) year warranty, from and after approval by the City Engineer, in favor of the City covering the workmanship and material in such street and utility improvements. 3. PERFO'MAN CE ASSURANCE Prior to the approval of the final plat or the issuance of any building permits for this Development, the Developer shall deliver to the City Clerk a Performance Bond", "Cash Deposit", or "Letter of Credit", in a form acceptable to the City Attorney and in an amount equal to the estimated construction cost plus twenty-five percent (25%). This amount shall be determined by the City Engineer. All streets and utilities which are intended to be owned and maintained by the City shall include: Type of Im rovement Rstimated Cost Grading and Drainage Improvements $ 61560.00 0.00 Street Improvements $ 1710.00 Staking and Inspection 12,0 0 + 25% per Ordinance TOTAL PERFORMANCE ASSURANCE $155,000.00 4• FEES 5. to ,.. The Developer herein agrees to pay all City fees required per City Ordinance and further agrees to completely reimburse the City for all the costs it incurs including, but not limited to, direct City payroll costs, fees paid to consultants and other professionals, and the costs of printing, mailing and supplies. In addition to the above, the Developers herein also agrees to pay the charges for City Engineering personnel time involved in consultation with the Developers and his engineer for review of grading and utility plans and general and final inspection of streets and utilities and final plat processing. Developers agrees to complete the hnprovements required by this agreement on or before October 1, 1990. In the event Developers fail to complete the said improvements within the time provided by this agreement, then the City may, at its option, bring an action in a court of competent jurisdiction for an order compelling Developers to may complete the improvements or cause complete the improvements or the City the same to be completed. In either case, Developers agree to pay, in addition to the cost of completing said improvements, any reasonable, legal, engineering or other fees or expenses incurred by the City in connection with the completion thereof or the enforcement of this agreement upon default of the Developers. In the event that lots within this subdivision become occupied prior to completion of all improvements and acceptance by the City, the Developers shall provide all inaintenance necessary including street snow plowing, until final acceptance. 6. BINDING_ EFFECT The terns and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developers, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice hereto to subsequent purchasers and encumbrancers of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developers. C 7. N TI E Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as follows, until changed by notice given as above: If to the City at: Ms. Mary Kueffner Acting City Administrator City Office 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 If to the Developers at: Gene M. Peltier and Ann E. Peltier 10376 Hudson Boulevard Lake Elmo, Minnesota 55042 RELEASE OF 5 -MURMC Upon partial performance by the Developers of the terms of this Agreement, the City will release to the Developers a portion of the Performance Assurance in accordance with this ount to be released shall be determined by the City Engineer with Agreement. The am approval by the City Council after the payment of bills for work cropcomimprovements pov ne is plus The City shall retain an amount necessary to complete any remaining imp P twenty-five percent (25%). 9. FINAL PLAT APPROVED The City agrees to give final approval to the plat of the subdivision upon execution and delivery of this Agreement and all required petitions, security and fees. 0 .. 10. INCORPORATION Y REFERENCE ll All plans, special provisions, P � rov P P ,proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if fully set out herein. IN WITNESS WHEREOF, the City and Developers have caused this Agreement to be executed as of the date and year first -above written. CITY OF LAKE ELMO Susan Dunn, Mayor ATTEST: Mary Kueffner City Administrator In presence of: Developers Witness Gene M. Peltier Ann E, Peltier (r"KDA ENGINEERS ARCHITECTS PLANNERS January 31, 1990 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Shoreland Permit Application Patrick Flanagan 4473 Olson Lake Trail North Lake Elmo, Minnesota Cornmission No. 9150-000 Dear Mayor and Council: TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES, INOORPORATED 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 812N292-0 00 FAX 812M2.0083 Patrick Flanagan has applied for a permit to replace his existing septic system. The present system consists of two drywells and it will be replaced with a standard drainfield trench system. This lot is on the west side of Olson Lake and shoreland regulations apply. Soil borings and percolation tests have been performed and indicate the following design parameters: Number of Bedrooms Design Sewage Flow Septic Tank Treatment Area Trenches 4 750 gpd 1200 gat. 762 SF W/18" rock 3@3'x85' Shoreland regulations require a 75' setback from the high water elevation to the drainfield. The site evaluator feels that the system could be installed to meet this setback but it would be quite close to the structure. He feels it would be better to request a 10' variance to allow placement of the septic system at 65' from the high water elevation and have some flexibility in the construction. The Building Official has viewed the site and concurs in the variance request. Conclusion: Based on the Building Official's observation, it is recommended that a setback variance be granted to allow 65' from the septic system to the high water elevation where 75' is required. The hardship is the existing location of the house and its proximity to the lakeshore. The well is located on the road side of the house. Sincerely, Larry D. Bohrer, P.E. LDB/niha K N+l ./L�\i AND ASBOOIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 25M AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 51=92d 00 FAX 512292.0055 February 1, 1990 Honorable Mayor and City Council Lake Ehno, Minnesota Re: The Forest PRD Lake Elmo, Minnesota Commission 9150-000 Dear Mayor and Council: At the September 26, 1989 Council Meeting, approval of the Development Stage Plan was postponed because Lots 7, 8 and 9 did not have at least one (1) acre of land suitable for septic system purposes. The soil was suitable but the drainage easement established by the VBWD at elevation 917 occupied the western portion of the lots. The developer has proposed to fill out into the drainage easements to achieve the one -acre of high ground ( see attached sketch). This method is acceptable to VBWD as long as the filling does not raise the flood level by more than 0.1 foot. The revised preliminary plat shows a revision in the road alignment at the west end of the plat which was not requested by the City. Evidently, the developer changed the relatively straight road to one that has two sharp reverse curves just before the cul-de-sac in order to save some significant trees. The sharp back-to-back curves would only allow a safe speed of 15-20 mph. In our opinion, this would create a hazardous condition and should not be approved. The road alignment should more closely conform to the preliminary plat previously reviewed by the City dated September 26, 1989. Recomtnendations: Achieving one acre of high ground by filling is acceptable. The proposed road alignment at the west end of the plat is not recommended because of the hazardous condition created. Local roads should be designed for a safe speed of 30 mph. It is recommended that the Development Stage Plan, with preliminary plat dated January 8, 1990, not be approved. Sincerely, Larry D. Boluer, P.E. LDB/nrha Attachment 13TL61 Z n- ?�4 54,7 sq. ft. —� 5 acr 'T, (. / 36,306 sq. ft 0.87 acres r zr.53 s I'�+ ,�Lj / 30,071 sq. ft. e, J 0.69 acres k �1k�,� ft 36,252 sq. ft pi , 9 0.83 acres S ip�a 1 ►� // 60,159 sq. ft. lu // 1.38 acres it 7 Jana 15, 1981 STATE AID MANUAL Fig. B 5-892.210 7000 I 1 1 I I I i 6000 ___i I 1 _-I y___Y___ ___r __y___7___t ___t 1..__y___Y___.�._ r.___t___�___y___Y I I 901 I I 1 I 1 I 1 1 1 1 1 l 5000 ___J___1__._ -I- - MPH_1___L___L__J___1___1_-_ L___1IJ1___ I I I I I I I I I 1 I I I I I 1 I I 1 I I I I 1 I 1 I 4000 ___epM _ _L___I___1___1 ___L__J____I-__4 _1__._ I I I I H I I I I I I I I I 1 I I I I I I I I I I _ _I_ I I I I I I 3000 ___.4___1__ ___I___ __4___ _F_ ___4-__ 1 1 2500 - -- j----- I ---j----1 pH -1---I L---I--- -L--- -- - I 2000 -- i -1---I - �-- I- ---1---1-1---�---I L - - - I. 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I 1 11 1 I I I ___ ___r.___F-___I___T___T___ ___,___T ___T ___� ___1___.�___T___ 2E I i I I t I I I 1 I I I 1 __1___I-MPH__•___I LIJ 1LL2s MpH I I I 1 36 I I I 1 I I 1 I I I I I I 44 1 ♦ I I I I I I I I I I I 1 1 i I 1 I I I 1 1 I I I I i - 32 T___T___I___,___7___T___T___I___.l___.T 4.___1____1-__4___1___.1-___I___ 4___4___4___ I I 1 I I I I I I 1 1 I T___ _J___S___1 ___L ___I_J1_ -- I - I I__-J___S___ I I I I I I I I _-1 _--1 I I 1 I I I I I I I i I I I I I I I -.03 -.02 -.01 0.0 .01 .02 .03 .04 .05 .06 .07 .06 .09 0.10 0.11 0.12 0.13 SUPERELEVATION RATE -PERCENT M61y _Y__ - I 45 MPH I 1 I I I I I I 1 _ - -- ao SPEED FRICTION FACTOR 15 0.17 20 0.17 25 0.16 30 0.16 35 0.15 40 0.15 50 0.14 60 0.13 70 0.12 80 0.11 90 0.10 NOTE: This graph should not be used on Isolated curves. 0.067 V2 SrF R S Superelevatlon F = Friction Factor V = Speed In Mlles Per Hour R Radius In Feet From "Maximum Superelevatlon Rates" AASHO 1965 Geometrlc Design of Rural Highways SAFE SPEED ON HORIZONTAL CURVES BASED ON MAXIMUM FRICTION FACTOR Cj eC en/ _ wes-I" ,BoaA, C v e✓e / _ /as' • �ED - 54P7 poar D C&tIle / = /7/rR Cv40vez 4 //V rC evzve 2 e November 20, Mr. Robert Engstrom Robert Engstrom Companies 4801 West 81st Street #101 Minneapolis, Minnesota 55437 Re: The Forest bevelopmenc - Lake Elmo, Minnesota Dear Mr. Engstrom: At their November 15, 1989 meeting, the Managers of Valley Branch Watershed District approved the revision of Condition 5 on permit #89-5 as follows: 5. The minimum building elevations are as follows: Lots 2-10 Lot 11 Elevation 917.0 feet Elevation 918.0 feet These minimum building elevations are based upon the City of Lake Elmo's current land use zoning for the watershed. The other permit conditions remain unchanged. Thank you for. your cooperation with the District's permit program. Sincerely, Allen Dornfeld, President. BOARD OF MANAGERS KLC/klc c: Russell Kirby Ray Marshall Karen Chandler Patricia Morrison Larry Bohrer Ray Swanson Bahram Mozayeny ALLEN DORNFELD RUSSELL KIRBY GORDON C. MOOSSRUGGER RAY BRENNER WILLIAM ROHRER VALLEY BRANCH WATERSHED DISTRICT P.O. BOX $38 LAKE ELMO, MINNESOTA 55042.0538 Date: To From: WASHINGTON COUNTY ASSESSOR'S OFFICE GOVERNMENT CENTER 14900 61ST STREET NORTH, R.O. BOX 6 • STILLWATER, MINNESOTA 55082-0006 612/779-5403 Fax machine: 6121779-5498 January 10, 1990 Washington County City and Township Clerks J. Scott Renner Washington County Assessor Subject: 1990 Local Boards of Review JAN 2J it 9 ,Scott Return, MAI, CAE County Assessor 779-5136 Dennis Montai CMA Assistant County Assessor 779.5137 Judith M. Ellis, CMA Administrative Technician 779-5465 Enclosed is the final notification and posting notices for your 1990 Local Board of Review. Valuation notices will be mailed at least ten days prior to the Board. The Local Board has the responsibility of reviewing the January 2, 1990 valuation and classification of the property. If a property owner has concerns about their payable 1990 property taxes they must deal directly with the Assessor's Office or go to. Tax Court. The Local Board of Review does not have jurisdiction over the current property taxes. Local Boards must have a quorum of the members present at the meeting in order to comply with State Law. An information packet about the 1990 assessment and specific responsibilities of i Local Boards will be sent to you in about a month. If you have any questions call me at 779-5136 or Judy Ellis at 779-5465 JSR/ss Washington County does riot diawiunnnin (in the basis of raco, color, national origin, sex, religion, aqe and handicapped status in employment or the provision of services. Pmm.' ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, That the Board of Review of Of. Lake Elmo County, Minnesota, will meet at ---------- _---- City Hall City Washington said Lake Elmo City Wednesday llth ......................T..._..••--••--•---- -., the _.............. . April ...day of .......................... 19 .. 90..., for the Time: 3:00 PM - 6:00 PM Purpose of reviewing and correcting the assessment of said ............ aeal_.Estate All persons considering themselves aggrieved by s ..................................for the year 19. 90... aid assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause for having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this....................loth January 19...... 90 Clerk of the_ ......_Uk.ty of: -Lake Elmo ......................... corm ivv. A.F. 4—Notice to Clerk of Meeting of Board of Review —°Equalization. „ -LANK OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE City OF Lake Elmo Washington COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the 11th day of April at 3_00 o'cloclt P • M., has been fixed as the date for the meeting of the Board of Review—*M''MZi A ii (Strike out one) —in your City for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.1, you are required to give notice of said meeting by publication and posting, not later than ten days prior to the date of said meeting. Given under my hand this loth day of January 1990 County Washington *Applies only to cities whose charter provides for a Board of Equalization instead of a Board of Review. County, Minnesota APftICATI®N FOR PLANNING -ZONING COMMISSION APPOINTMENTS CITY OF LAKE ELMO, MINNESOTA 55042 ,.... II DATE 'JU u.lt_r� icJ rlo NAMEC�'iQ,V'� � . J� 4� � S � � ADDRESS 4tII �VVIli /JD PHONE NO. k - ' I % - JSQ 5-8 :fMo V IU SS47— r v 33%- �. DT 1. What do you consider to be the major planning and development_ issues confronting the City of Lake Elmo? - 1%lGltn�uGlrna 0 s a-- C1ea. wAe V--i� { ; rc�:Qc���ct v�u�vtcz _rr ^r��s 2.. ;What do you see as the role and function 'of the Planning , _.,Commission? How does this relate to the role and responsibility of the City Council 'in planning r V�na�ce._a�� c�eueCz mo :.� 20 C�sYi F�u6 cs1' 1'd�e: Ca,rehzn5rve _.P��a� a Kd fb. m cum�x2ic�c,45 C ��o pa,d1-e a (�vrl 3• :What experience and qualifications do you- have which you feel ,,will contribute to the Planning Commission's work and which will enable you to provide a service in this regard? �er2�Kce a.s can OL46 a,L ma,wa,�er u Volt& z krc.l'c.isn, 4. How much time do you have or are you willing to devote to Planning Commission activities? aQ-e,acva u 6u— m LL" 5 VLu s o cd_a 0�. 12-Vt fd a h") �cvn e o nvcri bus FSGwd PreSenJ na k.vru �✓{�bLt r5 5. What property or development interest, either director indirect, do you have within Lake Elmo? Ol.2.ryl !' fine & GQLVJVQ a. GEJV0--- 3 Please complete and return to the City Office. AAPLICATTN FOR PLANNING -ZONING COMMISSION APPOINTMENTS ,2-/rj-CS9 CITY OF LAKE ELMO, MINNESOTA 55042 - DATE NAME ,�62 in e s J. A r ee ADDRESS P 13 I ,/l/ eg y -re PHONE NO. 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? � . (C 9 .c-0 �naQ� cv "J�eaf uae"0/ 2. Wh t do you see�e role and function ,of the Planning Commission? How does this relate to t e role and responsibility. - of the C*ityp. Council/J in nplanning, 3. What experience and qualifications do you have which you feel will contribute to the Planning Commission's work and which wil enable you to provide a service in this regard? -eLL��//QQ,,LL'K.2P/Uvw»wn t L/G LC1L/ —OA, �C it�.LjG'u.v '�1.J� ( n n ` d- ✓taA.i a. r lzv,6L..n.� /a, 4. How much time do you have or are you willing to de ote to Planning Commission activities? o-r.. 5. What property or development interest, either direct o do you have within Lake Elmo?���� /� D Please complete and return to the City Office r indirect, AV APPLICATION FOR PLANNING -ZONING COMMISSION APPOINTMENTS JAN 1 9 1990 CITY OF LAKE ELMO, MINNESOTA 55042 DATE J71N I S, l 990 NA14E ADDRESS 0875-42,uo /lu-C-% AvR71x/ LAKE �EO *`Ai 6:5-042-- PHONE NO. 777-0019 (140ME) 733 -3l5+ C 4,(-V2K) 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? r0,zS.y:-.%�.._ZZWA7`/ i a•,. i' . 77TC /",F �.o 112- ,4 G'c�r�u�'�c> ~2. ^.What do you see as.the role 'and-function"of the Planning Commission? How does this relate to the role and responsibility c of ;the City Council -in planning _1; 7i= l-G>clC�cns f�c�l cl u/ vG CbH� yri=i SS/3'= !S Pc/ �5' _ H�l� L7EVELO�M6�J7 G�pA ,-�,v.,n�s- U.)/ I.0 � r l - �'cLK ' ii ..Crirt'rruai :tit i ,a ra w~ �e'carhs.,s�o�s /s7a sai �d�>cy Ih�9ica "F/.iliYc-'L"��cs>4,us, '. :-3 . 4 What experience and qualifications do you have which you feel will'contribute to the Planning Commission's work and which will enable you to provide a service in this regard? -j7jbut �/yir.�� LISSOGi�J c3cj14 of t7/2007 S (0) 3 OU 1}S LiGi�{��a � ti2CJi �2sit GOrv!'r�ii" � CG� /' `/v At 1F_CHxllGl$L 'vi✓C WC4J44 G. /V gi?f•+ed $ii E?`/ /a^:ZZias ; FFzC/%rE ORLYL 4,-xi /�JiSi7��7 CU�t�+t/ntiJrG/1�zUs How much time do you have or are you willing to devote to Planning Commission activities? 70 Z,0 -3.n {�atirzsjOL hiu ; T ib 4J6'1 5. What property or development interest, either direct or indirect, do you have within Lake Elmo? om"f M' / j,4eiar,1�t1i ftT i>n f)x e' r4OD�uisS Please complete and return to the City Office. JAN 2 - M APPLICATION FOR PLANNING -ZONING COMMISSION APPOINTMENTS ( CITY OF LAKE ELMO, MINNESOTA 55042 NAME Dr. Debra L. Wilfong DATE Jan. 1,1990 ADDRESS 2229 Legion Avenue North - Lake Elmo PHONE NO. H-770-2735 W-736-9472 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? I am aware of potential Residential Estates zoning, and I am in favor of this rural residential lifestyle. I moved here because of the residential lifestyle and hope Lake Elmo remains that way. Another area of concern is that I recognize development will take place along I-94. I hope that it can be guided in a way that is most beneficial to the community. 2. What do you see as the role and function of the Planning Commission? How does this relate to the role and responsibility of the City Council in planning? The Planning Commission is an advisory board to the City Council. Its function is to do the background work and advise the Council as to how proposals relate to the codes of the city and the Comprehensive Plan. 3. What experience and qualifications do you have which you feel will contribute to the Planning Commission's work and which will enable you to provide a service in this regard? I live in the southern part of Lake Elmo and am aware of some of the needs and interests of those living around me. I can represent this part of the city. My training as an engineer helps me analyze problems and look for solutions. I have worked on other committees before and am comfortable in that role. I am a homeowner and am aware of those concerns confronting other homeowners in Lake Elmo. 4. How much time do you have or�are you willing to devote to Planning Commission activities? I am available for the two monthly meetings and those special meetings that may arise on occasion. I would be available for site reviews. 5. What property or development interest, either direct or indirect, do you have within Lake Elmo? I own my own home on Legion Avenue North. APPLICATION FOR PLANNING -ZONING COMMISSION APPOINTMENTS CITY OF LAKE ELMO, MINNESOTA 55042 JAN 3 1-199b DATE January 31, 1990 NAME Lonny D. Thomas ADDRESS .11230 - 12th St. N., Lake Elmo , MN 55042 PHONE NO. 436-7414 - 29-2802 1. What do you consider to be the major planning and development issues confronting the City of Lake Elmo? PLEASE SEE ATTACHED ANSWER.. ,r 2 .,What do you see as the role and function of the Planning .Commission? -How floes this relate to the role and responsibility 'of :the City Council`in planning PLEASE SEE ATTACHED ANSWER. 3. What experience and qualifications do you have which you feel will contribute to the Planning Commission's work and which will enable you to provide a service in this regard? PLEASE 'SEE ATTACHED ANSWER. 4. How much time do you have or are you willing to devote to Planning Commission activities? PLEASE SEE ATTACHED ANSWER. 5• What property or development interest, either direct or indirect, do you have within Lake Elmo? PLEASE SEE ATTACHED ANSWER. Please complete and return to the City Office. 1) i consider the most critical planning issues faced by Lake Elmo to involve the unavoidable conflict resulting from the desire to retain the present "small town" local atmosphere while planning and coordinating a course of strictly controlled development. This conflict manifests itself in myriad related issues, from the proposed site for the Washington County Landfill to integration of Lake Elmo's controlled development with the development of neighboring communities. These issues are sure to become increasingly complicated and urgent with the rapid expansion of the east side of the metropolitan area. 2) I see the primary role and function of the Planning Commission as assisting with the amendment and administration of the comprehensive plan, reviewing preliminary and final plats and various other zoning matters, and providing recommendations to the City Council on these issues. The Planning Commission should be the City Council's primary resource in these matters, providing a high level of expertise, practical knowledge, and experience. The Planning Commission must meticulously study these matters, conduct hearings to the extent necessary, and make recommendations to the City Council based upon the Planning Commission's conclusions. Final decision and implementation of these decisions are the responsibilities of the City Council, rather than the Planning Commission. 3) The qualifications and experience which uniquely qualify me to contribute to the Planning Commission include My training as an .attorney, particularly my practice emphasis in real estate matters. I believe my legal background allows me to provide practical insights into many issues confronted by the Planning Commission. I also believe my experience growing up in a small town in southern Minnesota, very similar to Lake Elmo, helps me to keenly understand Lake Elmo's intention to maintain its present small town atmosphere. Finally, I possess valuable experience in the role of a public servant as a result of my employment as a police officer for several years in Rochester, Minnesota. I have enclosed my professional resume which briefly describes my credentials. 4) By submitting this application, I have committed myself to devote whatever time is necessary to accomplish the tasks of the Planning Commission. 5) My only property or development interests in Lake Elmo arise out of my status as a homeowner and resident. While these are significant interests; they are not likely to create or result in any conflicts of interest affecting my role on the Planning Commission. LONNY D. THOMAS 11230 12th Street North Lake Elmo, Minnesota 55042 (612)436-7414 PROFESSIONAL EXPERIENCE May, 1984 - Present Mann, Green, Hayes, Simon, Johanneson & Brehl 2300 World Trade Center Saint Paul, Minnesota 55102 Position: Associate Attorney Practice Emphasis: Secured Transactions, Bankruptcy, Real Estate, General Business/Corporate; primary emphasis on representing creditors in business loans secured by real/personal property, commonly involving complex bankruptcy issues. April, 1982 - May, 1984 Willeke & Daniels 1201 Marquette Avenue Minneapolis, Minnesota 55403 Position: Law Clerk Responsibilities: Legal research, drafting of discovery documents and trial memoranda. April, 1992 - May, 1984 J. Christopher Cuneo, of Smith, Juster, Feikema, Malmon & Haskvitz 1000 IDS Center Minneapolis, Minnesota 55402 September, 1979 - March, 1982 EDUCATION August, 1982 - May, 1985 September, 1976 - June, 1978 PERSONAL References available upon request. Position: Law Clerk Responsibilities: Legal research, drafting of discovery documents and trial memoranda. Rochester Police Department Rochester, Minnesota 55901 Position: Police Officer Responsibilities: Enforcement of criminal and traffic statutes. University of Minnesota Law School GPA: 12 (16 pt. scale) Honors: Dean's List 1983-1985 Mankato State University B.S. Degrees: Law Enforcement; Corrections GPA: 3.6 (4.0 pt. scale) Honors: Dean's List 1976-1978 Birth Date: July 25, 1956 Marital Status: Married Outside Interests: Running, Tennis, Golf, Fishing, Hunting City of Lake Elmo 3800 Laverne Ave" N. Lake Elmo, MN 55042 January 23, 1990 To Whom It May Concern, For Personal reasons, I am resigning from the Lake Elmo Parks Commission as of receipt of this letter" Respectfully submitted, Donna Bance MA�� �� `.,- 1 APPLICATION FOR PARKS COMMISSION APPOINTMENTS I_1�r gcr ^ CITY OF LAKE ELMO, MINNESOTA 55042 DATE NAME Karin Enes ADDRESS 5040 Lake Elmo Avenue North PHONE NO. 430-1268 1. What do you consider to be the major park planning development and policy issues confronting the City of Lake Elmo? What is your position on these matters? Other than the landfill which is a very important issue I don't know of any major issues but I am looking forward to working for my community. 2 What do you see as the role and function of the Parks Commission? How does this relate to the role and responsibility of the City Council in Park matters? Continue to preserve, build and maintain parkland. Advise and make recommendations to the city council on any concerns about our parkland. 3. What experience and qualifications do you have which you feel will contribute to the Parks Commission's work, and which will enable you to provide a service in this regard? Good listening and communication skills. 4. How much time do you have or are you willing to devote to Parks Commission activities? I will be able to make available time for meetings and outdoor activities when needed. Please complete and return to the City Office. Zignego Agency c./hisurance 3880 Laverne Avenue North / Lake Elmo, Minnesota 55042 / (612) 777-8788 January 30, 1990 CITY OF LAKE ELMO 3800 Laverne Avenue No. Lake Elmo, Mn., 55042 Attn: Mary Kueffner, Acting City Adm. RE: ACCIDENT & DISABILITY COVERAGE Dear Mrs. Kueffner: At your request I have reviewed Mr. Tritz's letter of January 5, 1990. This letter pertains to the availability of the Accident Policy for members of the city council and other various city boards, committies and/or commissions. Altho this coverage seems very beneficial to those in need it should be noted that it does not appear to offer any medical expense cover- age. The coverage brochure which they had included outlines the various benefits and indicate that this is for accidental death benefit and dis- memberment. There is also a disability benefit which pays a maximum of $400.00 weekly in the event of a total disability and is payable for 26 weeks. Realizing the city's worker's compensation policy does not extend to council members this may be one method of offering them accidental death benefit and some form of total disability coverage if the injury or death is the result of council business. The overall cost seems to be fair on the per person basis and the company they indicate that will provide this coverage is a reputable company. Basically this would have to be a decision as to whether or not the city wants to expend the funds for this protection. It does indicate that all members of the respective board or commission must be covered and that it is not offered on an individual choice basis. It does not appear that this coverage is part of the self-insurance program thru the League of Minnesota Cities, but rather thru a special group which is indicated on the letter. A ENGINEERS ARCHITECTS PLANNERS January 31, 1990 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Proposed Revision to "One Acre" Rule Lake Elmo, Minnesota Commission No. 9150-000 Dear Mayor and Council: TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 65101 6121292- 00 FAX 612202-M03 At the January 2, 1990 Council Meeting, the staff was directed to submit suggested wording to clarify the 'one acre of land suitable for drainfield purposes" rule. The present wording does not conform to the wording in the proposed Comprehensive Plan and needs clarification because it requires two standards. The following are our recommendations. 1. For A, RR, R-1, R-2, RE (2-1/2) and RE (5) Zoning District, the requirement for one acre will always be larger than the requirement for two sites, therefore the following wording is suggested: "All newly subdivided lots shall have at least one (1) contiguous acre of land dedicated for septic system use. This area shall not contain permanent buildings or structures, wells, paved surfaces, drainage easements, or the setback distances from any of the above or from property lines. The suitability of this area for septic system use shall be determined by comparison to the Washington County Soil Survey. If the area is classified as having only "slight" or "moderate" limitations for drainfields, the area shall be deemed as meeting these requirements. If any portion of the proposed area is classified as having "severe" limitations, that area shall be evaluated by soil borings and percolation tests to verify the accuracy of the Soil Survey's "severe" classification. All lots existing prior to the adoption of this ordinance shall have area sufficient for two (2) separate and distinct drainfield sites, as verified by soil borings and percolation tests. Placement of the second required drainfield between the trenches of the first drainfield is prohibited." Honorable Mayor and City Council January 31, 1990 Page 2 4�\ A vi A-� 2. For GB, HB, or CB,,Zoning Districts, the requirement for two sites may be larger than one acre, therefore, the following wording is suggested. "All newly subdivided lots shall have at least one (1) contiguous acre of land dedicated for septic system use or area sufficient for two (2) separate and distinct drainfield sites, whichever is greater. Placement of the second required drainfield between the trenches of the first drainfield is prohibited. This area shall not contain permanent buildings or structures, wells, paved surfaces, drainage easements, or the setback distances from any of the above or from property lines. The suitability of this area for septic system use shall be determined by comparison to the Washington County Soil Survey. If the area is classified as having only "slight" or "moderate" limitations for drainfields, the area shall be deemed as meeting these requirements. If any portion of the proposed area is classified as having "severe" limitations, that area shall be evaluated by soil borings and percolation tests to verify the accuracy of the Soil Survey's "severe" classification. If the anticipated sewage flow will exceed 3600 gallons per dayAuitability of this area will be determined only by soil borings and percolation tests. 1 1^ &-- C, All lots existing prior to the adoption of this ordinance shall have area sufficient for two (2) separate and distinct drainfield sites, as verified by soil borings and percolation tests. Placement of the second required drainfield between the trenches of the first drainfield is prohibited." or P-Z-oning.Dist&'cts therejs_aso..lauize...q-,d ement,_t / would_notate-applisable-.The-fallaw-ing-wording-is-suggested: "All lots shall have area sufficient for two (2) separate and distinct drainfield sites, as verified by soil borings and percolation tests. Placement of the second required drainfield between the trenches of the first drainfield is prohibited." Sincerely, Larry D. Bolnrer, P.E. LDB/mha Zigneg®Agency Inc./I-tisu ance 3880 Laverne Avenue North / Lake Elmo, Minnesota 55042 / (612) 777-8788 January 31, 1990 CITY OF LAKE ELMO 3880 Laverne Avenue North Lake Elmo, Mn., 55042 Attn: Mary Kueffner RE: INSURANCE PACKAGE / RENEWAL PREMIUM SUMMMARY AND BINDER Dear Mary: Enclosed is a copy of the renewal Summary sent us by North Star Risk Ser- vices Inc. This serves as a Premium Summary and Insurance Binder to con- tinue coverage through the League of Minnesota Cities Insurance Trust. Along with the premium summary I have given you a cost comparison as to what was paid last year. If you will recall the city received a Dividend a short time ago from the League of $7,764.00. If the losses remain favor- able during the next policy term the city could realize a similar dividend in the future. We have also included a quotation for Excess Liability which we would recommend the city consider. You will note their options include Excess Liability Liability with Limits of $1,000,000.00 to $5,000,000.00. Each of these limits are quoted "with" and "without" waiver of Immunity Cover- age. The coverage is explained in the letter which is attached to the quotation. Highlighted in the letter from Mr. Tritz is a paragraph per- taining to the "background" of Excess Liability Coverage and the apparent need in some cases where Statutory Limits might not apply. After reviewing this, if the Council decides to purchase Excess Liability Coverage please have the enclosed form signed and dated with the amount of coverage and option requested. Yo rs very t ly, Dav d 1 be 9 DJH/ b enc. North Star Risk Services, Inc. Zignego Agency, Inc. 3880 Laverne Ave. North Lake Elmo, MN 55042 Date: January 30, 1990 RE: CITY OF LAKE ELMO Eff. Date: 2/15/90 RENEWAL PREMIUM SUMMARY AND BINDER PROPERTY INLAND MARINE GENERAL LIABILITY ERRORS AND OMISSIONS AUTOMOBILE LIABILITY UN/UIM AUTOMOBILE PHYSICAL DAMAGE CRIME BONDS EXCESS LIABILITY INVERSE CONDEMNATION MISC. EQUIPMENT ON AUTOS TOTAL 2,953. 1,225. 14,436. 2,347. 5,302. 1,925. 686. Quoted Separately 481, 415. 29,984. REMARKS: DO NOT PAY UNTIL YOU RECEIVE INVOICES! Renewal coverage is bound up to 60 days pending issuance of renewal based on L.M..C.I.T. forms and practices in effect on renewal date. Sincerely, 9?j�990 3/88 1401 West 76th Street, Suite 550 ■ Minneapolis, Minnesota 55423 ■ (612) 861-8600 ■ FAX (612) 861-8643 1ZQVG '-Par'r bey-3 r7;g;oe-c3o i3(=-y-) Inc. =ROM: ,fr North Star Risk Services, Inc. 1401 West 76th Street, Suite 550 ��Minneapolis, Minnesota 55423 (612) 861-8600 FAX (612) 861-8643 SUBJECT �- �C Elm C ! 1 ` o EXCESS LIABILITY QUOTATION FOR THE CITY OF: G ma0 FOLD- a, co©, oao Dear�Gv� �l' °f• Liability Limit: Annual Premium With Wainer of Immnity: Annual Premium Without Waiver of Immunity: .12g29303> �62 Quotation Expires: � �� h Follow Form �al{I Cn 00 Special Exclusions: � @� Other Endorsements: 119E SLR Remarks: •1, OOGf o� l f 1 Qoa, / 3, y / 7. /Y, 3 75. ie, yo7- /I.6Q7. $1,000,000 or $5,000,000 i< 7, 6! it, 4 3�3a 196 Underlying Coverage as Scheduled Child Molestation An election form must be completed, signed and returned to us before the effective date if coverage is desired. ,,a r) K- �/occ, SIGNED �; S DATE ebb e-- ,y CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo, Mn., 55042 RENEWAL PREMIUM SUMMARY/COMPARISON 1989/1990 1990/1991 PROPERTY $ 3,432.00 $ 2,953.00 INLAND MARINE 1,225.00 1,225.00 GENERAL LIABILITY 12,731.00 14,436.00 ERRORS -&-OMISSIONS. 2,099.00 2,347.00 (PUBLIC OFFICIALS) AUTOMOBILE LIABILITY 4,9975.00 5,302.00 UNINSURED/UNDERINSURED 168.00 180.00 AUTO PHYSICAL DAMAGE 1,945.00 1,925.00 CRIME 34.00 34.00 BOND COVERAGE 656.00 686.00 EXCESS LIABILITY Quoted Separately INVERSE CONDEMNATION 318.00 48Se00 MISC. EQUIPMENT ON AUTOS 415.00 TOTAL $27,583.00 $29,984.00 * EXCESS OPTIONS: WITH WAIVER WITHOUT WAIVER LIABILITY LIMIT: $1,000,000.00 - $ 7,667.00 $ 6,233.00 $2,000,000.00 - $11,501.00 $ 9,350.00 $3,000,000.00 - $13,417.00 $10,908.00 $4,000,000.00 - $14,375.00 $11,687.00 $5,000,000.00 - $14,999.00 $12,187.00 C League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986) December 1, 1989 To: LMCIT member cities From: Peter Tritz Re: New excess liability coverage options The League of Minnesota Cities Insurance Trust now offers cities two options in purchasing excess liability coverage: - LMCIT now makes it possible for cities to obtain excess coverage without waiving the statutory liability limit of $600,000 per occurrence. Under this option, the higher excess coverage limits would be available only for those claims which are not covered by the statutory limits. - Alternately, cities may choose to waive the statutory liability limits to the extent of the excess liability coverage purchased. Under this option, the higher coverage limits would be available for all claims, including claims covered by the statutory liability limits. Cost The city's premium for excess coverage will be 15% lower if the city chooses not to waive the statutory monetary liability limits. In addition overall rate levels for excess coverage will be substantially below last year's levels. Background LMCIT's basic liability coverage provides limits of $600,000 per occurrence. LMCIT also offers cities the option of an additional $1 million, $3 million, or $5 million of liability coverage limits. Since the statutes provide that cities and city officials and employees can't be held liable for amounts over $600,000 per occurrence, city officials often ask why it would ever make sense to buy coverage limits higher than $600,000. There are four basic kinds of reasons why a city might choose to buy limits of coverage greater than the statutory liability limits. First, the city is exposed to some kinds of liability to which the statutory limits either don't or might not apply. Some possible examples are - liability under the federal civil rights acts - certain types of liability that the city has assumed contractually, in an indemnification agreement for example - liability for actions in another state; e.g. by a city official attending a conference, or under a mutual aid agreement with a political subdivision across the border - liability for a zoning action under an "inverse condemnation" theory of law Second, the city may buy higher limits because the underlying coverage might not cover the full extent of the city's exposure within the statutory liability limits in all cases. LMCIT applies a $600,000 aggregate limit to the "products liability", the "limited pollution", and the optional "inverse condemnation" coverages. This is an additional limit, besides the $600,000 per occurrence limit that applies to all liability coverage. The annual limit is the maximum amount the policy will pay for this kind of liability, regardless of the number of occurrences. Thus, if part of the annual limit is used up in one occurrence, there may not be adequate coverage limits available if there is a second loss of that type. Excess coverage can help protect against this risk. (Annual aggregate limits are very common in conventional commercial liability policies. Often the aggregate limit applies to all liability, rather than being restricted to only certain coverages as LMCIT's is. A similar problem can occur in policies where defense costs are subject to the policy limit; with that type of policy and a $600,000 per occurrence limit, if you spend $50,000 on defense you wouldn't have enough limits to cover the city's full exposure under the statute. LMCIT does not apply a limit to defense costs.) Third, the city may feel that the statutory limits aren't high enough to provide adequate compensation for very serious injuries, or for multiple parties. That is, the city might in effect say "We want to have at least a million dollars (or three million or five million, etc.) of coverage available, so that if we injure someone he won't go uncompensated if his injuries really do exceed the statutory limits." Finally, the city might be concerned whether the statutory liability limits will stand up in court. The statutory liability limits have been upheld in two recent Minnesota Supreme Court cases, so this is now less of a concern. However, it is always difficult to predict the future course of court decisions. LMCIT EXCESS LIABILITY COVERAGE Cities obtaining excess coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory liability limits to the extent of the excess coverage purchased. This decision must be made by the city council. CITIES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN THIS FORM TO LMCIT BEFORE THE EFFECTIVE DATE OF THE COVERAGE. For further information, refer to the accompanying memo. City officials may also want to discuss these issues with the city attorney. The City of accepts excess liability coverage limits of $ from the League of Minnesota Cities Insurance Trust. Check one: The city DOES NOT WAIVE the monetary limits on tort liability established by Minnesota Statutes 466.04. OR / A The city WAIVES the monetary limits on tort liability established. by Minnesota Statutes 466.04, to the extent of the limits of.the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. Date of city council meeting: Signature: Position: Return this completed form to North Star Risk Services, 1401 West 76th St., Suite 500, Minneapolis, Mn. 55423. Thus, cities faced a dilemma: The city either had to buy coverage limits equal to the statutory limits and bear the risk of a larger claim that the statutory limits don't cover; or the city could buy additional protection against those claims, but by doing so expose itself to greater liability in the areas where the statutory limits do apply, thereby losing the benefit of those limits. LMCIT's new approach to excess coverage eliminates that dilemma. It is now possible for the city, if it wishes, to buy higher limits of coverage where that protection may be needed, without automatically waiving the statutory liability limits and losing their protection where those limits apply. What must the city do? All LMCIT quotes for excess coverage will show the premiums for both options. The decision to waive or not to waive the statutory limits must be made by motion or resolution of the city council. A form to show the council's choice is enclosed with each quote. That form must be completed and returned to LMCIT. If the city indicates that it wishes to waive the liability limits, LMCIT will issue a special endorsement as part of the coverage document showing that the statutory liability limits are waived to the extent of the coverage purchased. AND A880CIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 012/292- 00 January 10, 1990 FAX 612/202-0053 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Capital Improvement Program Lake Elmo, Minnesota Commission No. 9150-000 Dear Mayor and Council: At this time of year, it is appropriate to review the City's 1990 Capital Improvement Program (CIP) as it relates to public works. A CIP is a listing of those new projects or special maintenance projects which the City may consider in 1990. Listed below is our recommendation for projects to consider: Type of Streets Construction Funding 1. 1989 MSA - 15th Street - in process Street MSA and Assessment 2. Old Village Drainage - in process Study Budget 3. Old Village Drainage Ditching and MSA Maintenance Storm Sewer 4. 1990 MSA - Laverne & 33rd Street Street and MSA and TH 5 to CSAH 17 Storm Sewer Assessment 5. Layton Avenue and 36th Street Street Recon- Assess TH 5 to Laverne st uction (if drained) 6. Lampert Avenue Overlay Assess 7. Legion Avenue (south) Overlay Assess 8. 1990 Sealcoating Sealcoat Budget 9. 15th Street - east of Inwood Gravelling Budget 10. Annual Maintenance Project Patch & Overlay Budget Honorable Mayor and City Council Lake Elmo, Minnesota January 10, 1990 Page Two The projects are individually described as follows: 1. 1989 MSA -15th Street from Inwood Avenue to Oakdale City Limits This project was ordered in 1989 for construction in 1990. The plans will be available for Council review within the next month. Project will be funded primarily with MSA Construction funds and some assessments. 2. Old Village Drainage Study This study was begun a few weeks ago and will point out what improvements are necessary to move drainage through the Old Village area north of the railroad tracks to avert flooding problems like last spring. This study is a budgeted expenditure. 3. Old Village Drainage Improvement The Council has previously determined that the 1990 MSA Maintenance Allotment of approximately $40,000 should be used for the improvements identified in the above referenced study. I ✓ � ��� � ✓✓ C 4 1990 MSA - Laverne Avenue and Upper 33rd Street ,m dl f fl This Old Village street reconstruction project has been id ntified as the next MSA project in \. the City's 5-year plan. It is also necessary as a vital part of the Old Village drainage improvements. The project will most likely include street reconstruction with concrete curb and gutter, storm sewer, right-of-way acquisition along 33rd Street, and maybe watermain replacement. This main has had four or five breaks in the past. This project would be funded with MSA Construction Funds and assessments. 5. Layton Avenue and 36th Street - TH 5 to Laverne Avenue Public hearings for this street were held in 1989 but the project was not determined to be feasible until the Old Village drainage could be improved. A temporary surface was put on this street last fall to get it through the winter. This project will depend on the success of the drainage improvements and the longevity of the temporary surface. Project was proposed to be 100% assessed. 6J Lampert Avenue �irgiYll (N?P 1 ' .✓° i This Old Village street was patched by the Maintenance Crew last summer and needs a full overlay. This project is shnilar to other overlay projects the City has performed over the % last few years and is proposed to be 100% assessed. (7, `� Legion Avenue within Eden Park Addition This street is 14 years old and was extensively patched in 1989. It needs a full overlay to preserve the rest of the street. It is proposed to be 100% assessed. Honorable Mayor and City Council Lake Elmo, Minnesota January 10, 1990 Page Three 8. 1990 Sealcoating In accordance with the City's 6-year Sealcoat Program, another 1/3 of the City's streets should be sealcoated this year in conjunction with the County's program. This is a budgeted project. 9. 15th Street east of Inwood Avenue This gravel road was a source of dust and rut complaints last year due to truck traffic for landfill testing in the Regional Park and topsoil hauling at Linder's. An agreement was reached whereby the City would furnish the gravel and the County would do the grading. This is a budgeted project. 10. Annual Patch and Overlay Maintenance Project The City budgets about $27,000 annually for small patches and overlays which are contracted out. These repairs are not large enough to be considered projects like those described previously but yet are too large for the City crew to handle. This program is usually determined by the Maintenance Foreman and the Engineer in the spring when the roads are fully visible. Action Requested Items 1, 2, 3, 5, 8, 9 and 10 above require no Council action at this time. Items 4, 6 and 7 would require ordering preparation of feasibility reports if you wish to proceed with a possible project. Sincerely yours,[, Larry D. Bohrer, P.E. LDB:j L �L A TOLTZ, KING. DUVALL, ANDERSON i AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 56101 612/292�0 January 31, 1990 FAX 61=92A063 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Shoreland Permit Application Stephen Johnson 2945 Lake Elmo Avenue Lake Elmo, Minnesota Commission No. 9150-000 Dear Mayor and Council Stephen Johnson has applied for a permit to construct an addition onto his house and construct a second driveway to 30th Street. This lot is within the Shoreland District of Lake Elmo and shoreland regulations apply. Building Addition: The addition will add or expand existing areas for a family room, kitchen, and bedroom. One existing bedroom will be abandoned and a new one added, therefore there is no net change for septic system sizing. Incidently, the septic system was replaced recently. All building setbacks can be met and no variances are required. New Driveway to 30th Street: The proposed driveway will serve the accessary structure that was recently approved. The concerns for this driveway are proof of ownership and drainage. This 33-foot wide strip of land was part of an estate. Mr. Johnson has informed me that he now owns the strip and some proof of ownership is at City Hall. As of this writing, I have not reviewed this document, but proof of ownership must be demonstrated prior to issuing a permit. The northerly end of this strip of land is low and collects spring runoff. It has no reasonable outlet and high water could threaten adjacent drahnfields or structures. Mr. Johnson intends to construct a 10' wide driveway on the east side of the strip and install a catch basin and drain tile lines on the west side of the strip. The drain tile would drain to a large depression on Mr. Johnson's 5-acre parcel and provide a positive outlet for low area adjacent to 30th Street. Mr. Johnson would construct and maintain this private drain line. I will need to verify the elevation difference between the two low spots and approve Mr. Johnson's design prior to construction of the drainline. Honorable Mayor and City Council January 31, 1990 Page 2 There could potentially be a problem this spring because Mr. Johnson wants to place the fill for the driveway now but not put in the drainline until spring. Mr. Johnson needs a place to put the fill from the building excavation and needs to use it as the access road for the necessary building construction. The drainline would be put in after the frost is out of the ground after the spring snow melt. I suggest that the Shoreland Permit be granted provided the following conditions are met: 1. Show proof of ownership to the 33' strip to the satisfaction of the City Attorney. 2. Have the strip staked by a registered land surveyor. 3. The design of the private storm sewer shall be approved by the Engineer. 4. The need for a driveway culvert at 30th Street shall be determined by the Engineer. 5. Any temporary pumping of accumulated runoff shall be provided by the applicant so as to protect adjacent property prior to installation of the private storm sewer. Sincerely, Larry D. Boluer, F.E. LDB/mha SCALt . Irk r �. ' I inch . z 200 ' fast::." a3 s a ,/.-L 10 CI -A j s .,, V-11 J oe Co0or� MCA •A' 15 T., J20;�..fILIl f`� I1133//��Nrs 5B�N ROIIYe(w O a Oti 0 sAOyeNN1S ls0 0.1'1E N iinuS� �, �°-��f N O� m° p I /� 0) t50 N oo� .o v �p1le 0110 { y u u vp 217.5 y' ED �j. \nn '}� 1. rr l� . i _7. fra C� .-�zt Q I00 �L IJBAI l�yir 3�✓'•r a�1 ni1S�X3'lr.tNa} I,J V2•aNcS ' 1 N R(ehi �uma.:;�mn 3tµr;e�Q 2f G3HS 3yy04 1 �9 o. ,y c o�XOh m� Crj 8 pM'1. N Q-Asacl��. 0130 0 N •^ 189. t (� q (060 1w I w L EIS RLS67 -it,' SdB°ITW d I� N F { owl la ni1rQ �11, I W—J �IY 1 1 ! ^fJ .. 90�165 hlrla,� , C7� rarl � Pau s(t (�1 1 1 X,J 4 N 1 � N N 1 I a 1 y a 1 e r nu ,i 1 ry 1 1 I i I'I-�u t•w r-nii .. )ndividual Pemonal Representative to Joint Tenants No delinquent taxes; certificate of real estate value received; and transfer entered on os - '7 / , 19 P2 by STATE DEED TAX DUE HEREON: Date: December 12, 19 89 �a a� L-1� (reserved for recordin data) FOR VALUABLE CONSIDERATION', n' Simonet Jr Special Guardian , Grantor, as Personal -Representative of the Estate of Catherine Radcliffe Ward Dvued a 4single ®, married ❑ at the time g44im1i; hereby conveys to Stephen D. Johnson and FjjyRnpHri M. Johnson husband and wife , Grantees, as joint tenants, real property in _ Washineton County, Minnesota, described as follows: See Exhibit "A" attached hereto !' U ; IL T.. MINNESOTA CONSEr4YATION FUND WASHINGTON COUNTY` $5,00 EE r'AID M. S. 473H ___9c_�4. /91P%._IIATE D27r217____.INITIALS (continue on back) EDWARD W. SIMONET, JR. ATTORNEY AT LAW PHONE 439-5787 P.O. ROR 16 522 SOUTH FOURTH STREET STILLWATER. MINNESOTA 5508E December 22, 1989 Sears Imported Autos, Inc. 13500 Wayzata Blvd. Minnetonka, MN 55345 Attentiopn: Stephen D. Johnson Dear Steve: I have completed the partial filing of the conveyance to you and your wife. At this time I must have a certified check for t1400.00, representing the purchase price. The payee on this certified check should be Catholic Charities of the Diocese of Palm Beach, Inc., as Guardian of Catherine Radcliffe, Incompetent. EWS:vlf S' c rely yours �J Edward W. Simonet, Jr. r1j)44 "t 3 cHscc% ia/Q('p/aS EXHIBIT "A" Part of Government Lot 1,Sac.24,Tp.29,Rg:21, being a 2 rod strip lying east of and adjacent to a line which runs parallel to and 95 feet East of W'ly boundary of a tract described as beginning at a point on the North line of Govt. Lot 1, 993.5 feet West of the NE corner of said Govt. Lot 1, thence S1°27'E a distance of 263.1 feet to an iron pipe, thence West and parallel to South line of Sec.24,Tp.29,Rg.21 a distance of 70 feet to an iron pipe, said iron pipe being the place of beginning; thence West on last described line a distance of 330.2 feet to an iron pipe; thence North to a point on the North line of Govt. Lot 1, said point being 1406.4 feet West of Northeast corner of said Govt. Lot 1; thence East on North line of said Govt. Lot 1, a distance of 342.9 feet, thence South to the place of beginning. EXHIBIT "A" together with all hereditaments and appurtenances be o 'ng thereto, I STATE OF MINNESOTA dward W. Simonet, Jr. , as Sifecial Guardian rr. COUNTY OF _ WASHINGTON The foregoing instrument was acknowledged before me this 19rh day of nanamhar by Fdmard W gimnnar. Tr GueEdlafi Cat erine a c i e, ar as l*i4iih4Rl Special aRn;xxae3x4ctticve of the Estate of +�" Iwo VIVIAN L. FOLZ NOTARY PUaLIC — MINNESOTA WASHINGTON COUNTY _: MY Commission Expires Jan. 31, isci N.A. SPOUSE OF DECEDENT, CONSENTS TO THIS DEED. Name oESpouee STATE OF MINNESOTA rr. Signature COUNTY OF The foregoing instrument was acknowledged before me this , 19 —, by THIS INSTRUMENT WAS DRAFTED BY: Edward W Simonet Jr. Attnrnev a 'Taw 522 South Fourth Stra r p 0 Rox 16 Stillwater, MN 55082 — day of spouse of Decedent. 810 ATURF, OF NOTARY PUBLIC OR OTHRR OFFI 'IAL Statements for real estate taxes on the real property described herein should be sent to: Stephen D. and Elizabeth M. Johnson_ 1167 Lake Elmo Road r Lake Elmo MN 55042 Do(_IH U AN ALCO STANDARD COMPANY CITY OF LAKE ELMO January 15, 1990 Sharp FO-750 Facsimile • High speed 9-second transmission. $2,595.00 • 11.7" document feeder with the automatic feeder accommodating up to 30 pages at a time. • Department control - 30 department codes allows for monitored and restricted use to authorized personnel. • 16 page memory, expandable to 86 pages, capability for sequential broadcasting, store and forward capabilities and out -of -paper reception. • Verification Stamp City of Lake Elmo Purchase Options GSA Cash Investment $1,625.00 36-Month Stretch Lease $ 58.66/month Sharp Facsimile Paper -- F060PR6 6 - 8 z" x 328' rolls per carton $ 84.00/carton Includes One Year Annual Full Service Maintenance Agreement Full Service Maintenance Agreement includes all parts and labor due to ordinary wear and tear, delivery, installation, training and phone support. Four-hour response time is guaranteed. D. C. Hey Security Blanket Lifetime Performance Guarantees are included on your system as long as it is continuously covered by D. C. Hey Maintenance and Supply Programs. ESTABLISHED 1946 Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In. addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL FEBRUA.RY 6, 1990 7:00 P.M. 1. AGENDA 2. MINUTES: JANUARY 16, 1990 3. CLAIMS 4. PUBLIC INQUIRIES 5. REAPP REPORT 6. PLANNING/LAND USE & ZONING: A. PUBLIC HEARING: Variance to Setback from OHWM and Shoreland Permit to Replace Septic System Patrick Flanagan, 4473 Olson. Lake Trail B. PUBLIC HEARING: Variance from road right-of-way and Shoreland Permit for Addition to Existing Structure David & Mary Brown, 7990 N. 50th St. C. Shoreland Permit: Addition to Existing Structure Stephen Johnson, 2945 Lake Elmo Avenue D. "The Forest", Development Stage and Rezoning E. Packard Park 3rd Addition Resolution No. 90-9 and Developer's Agreement F. Comprehensive Plan Update G. Other 7. CITY ENGINEER'S REPORT: A. Draft Ordinance for Drainfields B. Other S CITY ATTORNEY'S REPORT: A. Draft Ordinance for Use of RV by Handicapped Persons on City Streets B. Other 9. PLANNING COMMISSION RESIGNATION/APPOINTMENT 10. PARKS COMMISSION RESIGNATION/APPOINTMENT 11. CITY COUNCIL REPORTS: A. CIP Committee Report on Computer for Finance Department B. Annual Board of Review C. Other 12. CITY ADMINISTRATOR'S REPORT: A. Insurance Package - Renewal B. Insurance - Continuation from 1-16-90 C. Annual Clerk's Convention D. Annual Garage Sale and containers for the VFW E. Other