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HomeMy WebLinkAbout03-20-90 CCMDATE APPROVED: 4/3/90 DATE ISSUED: 4/13/90 LAKE ELMO CITY COUNCIL MINUTES MARCH 20, 1990 Mayor Dunn called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Dunn, Hunt, Graves, Armstrong, City Engineer Larry Bohrer, and Administrator Kueffner. Absent: Williams MAYOR DUNN RECOGNIZED AND WELCOME JOHN SCORE AND ROSS KNUTSON FROM BOY SCOUT TROOP 162 IN LAKE ELMO 1. AGENDA Add: 5D. Status of Appeal on Treatment Works Grant M/S/P Hunt/Graves - to approve the March 20, 1990 City Council agenda as amended. (Motion carried 4--0). 2. MINUTES: MARCH 6, 1990 M/S/P Graves/Armstrong - to approve the March 6, 1990 City Council. minutes as amended. (See Attachment) (Motion carried 3-0-1: Abstain: Hunt) 3. CLAIMS M/S/P Graves/Armstrong - to approve the March 20, 1990 Claims #93059 thru #93101 as presented. (Motion carried. 4-0). 4. REAPP REPORT Dan Novak gave the following update: a. REAPP has been informed that the Council is drafting policy relating to concession stands during the Olympic Festival. REAPP has an interest in doing this, but are not sure whether or not they will have the sources to staff a concession stand(s). Reapp asked that whatever policy is adopted be drafted that permits only Lake Elmo non-profit organizations (including REAPP) to operate concession stands and that it be drafted to permit the sub -contracting of concessions to outside businesses with the local non-profit organization(s) getting a portion of the profits. b. A joint City Council/REAPP meeting has been scheduled for 8:00 p.m. on April. 1st, to discuss legal strategy with Ellen Sampson. Within the last week, a number of REAPP members have read the County's hydro-geo memo and have some concerns about this EIS document. As a result of this, they feel its important to have an update meeting with the city's hydro-geo expert, DPRA. DPRA has a conflict with the April 1st date, so a tentative meeting has been scheduled with them for April lOth, 5:00 p.m. at City Hall. LAKE ELMO CITY COUNCIL MINUTES MARCH 30, 1990 PAGE 2 As many Council members as possible will attend this informational meeting with DPRA on April loth at 5:00 p.m. This meeting is in addition to the scheduled April Ist meeting at 8:00 p.m. 5. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Proposed Increase in 201. Users Fee Mayor Dunn opened up the Public Hearing at 7:08 p.m. in the Council chambers. The Public Hearing notice was published on February 28, 1990 in the St. Croix Valley Press and affected property owners were notified. City Engineer, Larry Bohrer explained one of the requirements of the 201 Grant was that the City set up and maintain a user charge system for the operation, maintenance and replacement of the off -site and collector sewer systems. Sections 707.050 and 707.060 of the City Code require that the Council annually review the fund balance and adjust the rate structure accordingly. In 1988 and. 1989, the sewer charge was $120 per year for each residential equivalent unit. Bohrer reviewed the sewer income and expenses for 1988 and 1989. (See Attachment A). Because of the expense of repairs needed when a service pipe broke at 32nd Street, the fund balance needs to be returned to a positive balance. He recommended raising the rates for 1990 from $120 per year to $180 per year for each ERU, except the two individual off -site systems which require minimal maintenance. Bohrer pointed out that Lake El,mo's rates were far lower than those of neighboring communities. In the City of Afton they were charged $721 per unit in 1989, May Township was charged $263 per unit per year, Scandia was charged $32.2 per year and Washington County charged $365 per year for all off -site systems. Bohrer explained the City was fortunate in having an existing maintenance staff that only charged the actual time they spend on the job. Mabel Rygg, Townhouse on Lisbon Avenue, stated Charles Kent, who lives on the north end of the townhouses, has seen someone only once cutting the grass. She was very unhappy with the increase. Kelly Brockman, 3385 Lake Elmo Avenue, asked at one time they calculated 100,000 gallons as the Metropolitan area average sewage generation (Bohrer calculated 274 gallons per day x 365 days, = 100,000 gallons), are they still using this? What does Metro Charge? Bohrer was not sure on the charge. Is our systems costing us more than if they went to a treatment system where it is treated and run through the pipe? Bohrer: I don't know if that is a generalized statement. Why is there such a high auditing cost of $800? Bohrer: In the audit report this is what the auditor recommended charging against this fund. LAKE ELMO CITY COUNCIL MINUTES MARCH 30, 1990 PAGE 3 Glen Smith, Lake Elmo VFW Building Committee, stated we have an on -site system and you have a grass cutting charge for the VFW. We have a janitor cut our grass. If there are inspections made, they should inform us so we can be there when they inspect the system. We don't want a charge if nobody comes around to inspect the system. Mike Severin, 8012 50th Street, stated he came to the meeting hoping to get his sewer charge lowered. They haven't moved the mound once. I like to pay for what I get. Mayor Dunn read into record the Council received letters indicating their position on the proposed increase from Charles Kent, 3060 Lisbon Avenue, and from Evelyn Kramer, 10949 32nd Street. Mayor Dunn closed the public hearing at 7:32 p.m. Mayor Dunn voiced her concern on the large increase all at one time, but realizing the fund should be self-sustaining. She would like to see a variation from a single resident to a multiple unit because of the various levels of necessary maintenance. Councilwoman Armstrong pointed out, in Larry Bohrer's letter to the Council, the actual charge is for the treatment and not maintenance. It is a large increase, but with the increased rates for next year, the City will be in a better situation because we cannot let this fund go under. Larry Bohrer indicated the City could make each of the 7 or 8 systems more individualized as far as keeping track of maintenance. This can be done, but if there is a repair, it would be a very large expenditure at one time just for those people on that system. This would make rates very peaky and, fluctuate greatly from year to year. The City can adopt keeping the rate at $120 or go the high end of $180 as recommended, but if the adopted fee is lower the city is assuming more risk. If there is a repair during that year, the city will have to subsidize that fund. Councilman Hunt stated our current rates are lower, even with the suggested change, than any of the other 201 systems in the area. Even with the adjustment we seem to be in line with sewer charges, ranging from $30-$50 per quarter, in the Metro area. Councilman Graves voiced his surprise at the audit cost representing such a large percentage of the total annual income. He suggested asking the Finance Director to see if the costs could be brought closer into line with the audit cost relative to the rest of the budget. See Attachment for Councilman Williams' comments on agenda item. LAKE ELMO CITY COUNCIL MINUTES MARCH 30, 1990 PAGE 4 M/S/P Graves/Hunt - to postpone consideration on the 1990 Rate Structure for 201 systems until the April 3rd City Council meeting in order to enable the City Engineer to discuss with the Finance Director if any adjustment in the audit charge can be made, and if so, then determine what impact it would have on reducing the proposed increase and request verification of figures from Washington County. (Motion carried 4-0). B. Tartan Meadows Escrow Reduction Willard, Morton has requested release of his remaining escrow because he feels he has completed all of the requirements for Tartan Meadows 3rd Addition. Bohrer reported in his letter, dated March 16, 1990, he had contacted Mr. Morton and told him to repair the damage from the severe washout that occurred in the drainage easement and ponds. Morton hired E&H Earthmovers to repair the damage, but he chose to do the turf restoration himself. The seeding was done late last Fall and has not germanated yet. Mr. Morton felt since he has planted the seed he has fulfiled the requirements, but Bohrer's opinion is that the Development Agreement requries "turf- establishment" which means grass in a growing and established condition. Bohrer was reluctant to have the City assume maintenance of these areas before the surf is established in a thriving condition. Councilman Williams submitted his concurrence with Bohrer's recommendation. (See Attachment) M/S/P Armstrong/Graves - to deny the request by Willard Morton for release of escrow for Tartan Meadows 3rd, Addition and request staff to check in June on progress of turf restoration. (Motion carried 4-0). C. 15th Street Shoulder Width Larry Bohrer reported at the time the public hearing was held for the improvement of 15th Street, he presented the same design for 15th Street that was similar to other state aid streets constructed in Lake Elmo; that is, a 24 feet wide road with 4 feet wide paved shoulder on either side. Construction plans were completed on that basis and submitted for approval by the Minnesota Department of Transportation. MnDOT informed Mr. Bohrer that for the higher traffic count on 15th Street, a 6 feet wide or 8 feet wide shoulder is required. Bohrer explained since this is different than what was discussed at the public hearing and approved by the Council, he placed this matter on the agenda and invited four property owners to attend the meeting for their input. It did not appear that any additional permanent right -of --way will. be needed for this change. When asked what he would recommend, Bohrer recommended 6 feet wide shoulder length because a 24 feet wide street with 6 feet shoulders can accomodate more than 1,000 vehicles per day, there are only 4 residents on the road so there is not much stopping for people turning into their driveways or people trying to pull out into traffic from LAKE ELMO CITY COUNCIL MINUTES MARCH 30, 1990 PAGE 5 their driveways, and the road is straight and there ae no hills. This would be a very safe design. Bohrer asked for Council direction on if the shoulder width should be widened from 6 feet to 8 feet. Since we have already advertised for bids, he would like to extend the bid date two weeks to April 12, 1990 to allow time to revise the plans. See Attachment for Councilman Williams' comments on agenda item. M/S/P Hunt/Graves - to direct the City Engineer to request approval, as first priority, for 15th Street construction plan with a 6 feet wide shoulder; if the State Aid Engineer does not approve of the plan without the 8 feet wide shoulder, the Council authorizes the City Engineer to submit construction plans with an 8 feet wide shoulder and approves extending the bid date two weeks to April 12, 1.990 to allow time to revise the plans. (Motion carried 3-0-1 Abstain: Armstrong). D. Status Appeal Larry Bohrer provided the Council copies 20, 1990, to Mr. T. K. Sherkenback, Dir. The purpose of this .letter was to provide documentation of those costs for land and resulting from the appeal and judgment on Treatment Works Project and Grant. 6. PLANNING/LAND USE/AND ZONING: A. Comprehensive Plan of the letter, dated March of Div. of Water Quality. justification and related acquisiton costs Site D, for the 201 The Council reviewed the Future Land Use Map which included the revisions made by the Council at its March 15th workshop and they discussed the 3.3 average lot size density for the new flexible zoning district. Councilman Hunt felt the 3.3 average lot size density was close to what was developed by a committee composed of PZ members and CC members two years ago. This was a blending of the 5 and 2.5 acre zoning together and coming up with an applicable figure of 3.3. He could support the figure of 3 per 10 acres and as the ordinance is drafted the minimum and maximum lot size requirement will be determined. Councilman Graves stated he thought 3 per 10 acres was an appropriate lot size density with a reasonable minimum and maximum lot size defined. Councilwoman Armstrong agreed with the proposed 3 per 10 acres as was discussed at the workshop. If the Council agrees with the 3 per 10 acres, then the Council can go forward on the map and work out the details of the zoning later. See Attachment for comments on Future Land Use Map and average lot density from Councilman Williams. LAKE ELMO CITY COUNCIL MINUTES MARCH 30, 1990 PAGE 6 M/S/P Armstrong/Graves - it was the consensus of the Council that 3 per 10 acres will be the average lot density for the new flexible zoning, Rural Residential Density (RRD) as described on the Future Land Use Map. (Motion carried 4-0). The Council reviewed the Future Land Ilse Map, dated 3-15-90, and discussed possible revisions. M/S/P Hunt/Graves - it was the consensus of. this Council that the Future Land Ilse Map, as amended on 3/20/90 with changes indicated in yellow, be included with the Comprehensive Plan. (Motion carried 4-0). The Council will review Councilman Williams' comments on Mike Black's draft of "Implementation Section" and submit their comments, if any, on this section. At the April 3rd meeting, the City Council will discuss an estimated date for a public hearing on the Comp Plan and Future Land Use Map. B. Other 7. CITY ATTORNEY'S REPORT: A. R1 Zoning District Repeal M/S/P Bunt/Armstrong - postpone the R-1 Zoning District Appeal until the April 3rd Council meeting. (Motion carried 4-0). B. Other a. CITY COUNCIL REPORTS: A. C.I.P. Committee's Recommendation on Purchase of Dump Truck for Maintenance Department The CIP Committee recommended the City Council proceed to award the bid to the low bidders for the truck and the plow package based on conclusions stated in their memo dated March 12, 1990. In the future, the Council would like the CIP Committee to meet with the Fire Dept. and the Maintenance Dept. to review their entire 5 year plan. The Council recommended approval of this purchase, but noted that the Council shall. review and justify the need to replace expensive items. The CIP is a suggested replacement timeframe, not an absolute. Councilwoman Armstrong emphasized the items are not just on the CIP to be reviewed, but should be considered as long term purchases. LAKE ELMO CITY COUNCIL MINUTES MARCH 30, 1990 PAGE 7 M/S/P Hunt/Graves - to authorize the Maintenance Supervisor proceed to award the bid to the low bidders, Lakeland Ford and Crysteel, for the new Dump Truck and Plow Package as presented. (Motion carried 4-0). B. Personnel Committee's Recommendation on Staff: Changes The Personnel Committee recommended Mary Kueffner be appointed as City Administrator at a salary of $32,000 a year and request Mary take the previous administrator's contract and make the necessary adjustments. The City Attorney will draft a contract for the next meeting. M/S/P Graves/Hunt - to appoint Mary Kueffner as City Administrator at a salary of $32,000 a year with a contract, drafted by the City Attorney, to be agreed upon at the April 3rd meeting. (Motion carried 4-0). At the last meeting, the Council approved hiring a full time clerk typist at a maximum rate of $6.50/Hour. Part-time employee, Barb Holm, accepted the position. M/S/P Graves/Hunt - to hire Barb Holm as a full-time Clerk Typist at $6.50 an Hour with benefits. (Motion carried 4-0). Administrator Kueffner will. meet with the Personnel Committee to review changes of job descriptions and. report back to the City Council. 9. CITY ADMINISTRATOR'S REPORT: A. Resolution for Olympic Festival At the last Council meeting, the Council directed the staff to draft a Resolution to facilitate the requests of the Olympic Committee in their letter dated March 1, 1.990. M/S/P Graves/Armstrong - to adopt Resolution No. 90-13, A Resolution Controlling Lake Use and Traffic on Lake Elmo, Controlling Parking on County Road. 17 and Residential Streets Abutting Lake Elmo, and Allowing the Olympic Committee to Set Up an Administrative Trailer on Klondike Avenue. (Motion carried 4-0). B. Vendor Requests for Olympic Festival The City has received requests from commercial vendors that wish to sell their wares during the Olympic Festival. Mike Polehna, Wash. Cty, advised the City they are not going to allow independent vendors to set up in the park. The reason for this is, if they did, they would have to do it by the bidding process which would be very complicated and not something they wish to deal with. See Attachment for comments by Councilman Williams on this agenda item. LAKE ELMO CITY COUNCIL MINUTES MARCH 301 1990 PAGE 8 The staff will check into the code whether the City can prevent an independent vendor from making arrangements with private property owners. M/S/P Armstrong/Graves - to support Washington County in only allowing local non-profit organizations to set up their wares in the park during the Olympic Festival. (Motion carried 4-0). C. Street Sweeping Bids The City received four street sweeping bids as follows: Foss Sweeping $48.50 per hour McPhillips, Inc. 53.00 per hour Clean Sweep, Inc. 53.25 per hour Allied Blacktop 40.00 per hour (one way broom) 55.00 per hour (sweeper) Maintenance Foreman, Dan Olinger, had no preference in awarding this bid. The only bidder he has done business with is Allied Blacktop. The staff suggested awarding this to the low bidder, Foss Sweeping; contingent upon checking references with other communites they have worked for. M/S/P Armstrong/Graves - to award the street sweeping bid to Foss Sweeping, the low bidder.; contingent upon favorable references with other communities they have worked for. (Motion carried 4-0). D. Compost Contract with Washington County The City received a 1990 Memorandum of Agreement for Yard Waste Composting from Washington County. In Section 2, No. 2, Change 1989 to 1990. In Section 3, Subsection g.: Would this requirement increase our insurance cost? See Attachment for Councilman Williams' comments on this agenda item. Admin. Kueffner advised the Council she will follow the pay plan recommended for 1990 by the Solid Waste Committee and will set up a work schedule with the Scout Troop and any interested compost workers. M/S/P Graves/Hunt - to direct the staff to send the 1990 Memorandum of Agreement, as amended, for Yard Waste Composting to our City Attorney for his review, and if he finds the agreement acceptable, empower the Mayor and City Administrator to sign and forward this agreement to Washington County. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 300 1990 PAGE 9 E. Recycling Contract with Washington County The City received from Washington County the 1990 Memorandum of Agreement for Curbside Recycling Grant Distribution and copies of the revised Curbside Recycling Grant Guidelines and Semi -Annual Report form. M/S/P Graves/Armstrong - to direct the staff to send the 1990 Memorandum of Agreement for Curbside Recycling Grant Distribution to the City Attorney, and if he finds this acceptable, empower the Mayor and City Administrator to sign and send the agreement to Washington County. (Motion carried 4-0). F. Update on Recycling Container Distribution Mary Kueffner reported that a good committment has been made by Governor Perpich for the Recycling Container Distribution Kick-off scheduled for April 20th, Friday, at 1:30 p.m. G. Light Rail Transit Meeting The Council received information on Light Rail Transit. Larry Bousquet, Wash. Cty, appreciated the use of the Council chambers for their meeting. H. Other M/S/P Graves/Hunt - to adjourn the City Council meeting at 9:20 p.m. (Motion carried 4-0). --------------- Resolution No. 90-13: A Resolution. Controlling Lake Use and Traffic on Lake Elmo, Controlling Parking on County Road 17 and Residential Streets Abutting Lake Elmo, and Allowing the Olympic Committee to Set Up an Administrative Trailer on Klondike Avenue. ATTACHMENT A t CITY OF LAKE ELMO - SEWER INCOME AND EXPENSE 1988 AND 1989 1988 1989 SEWER CHARGES - INCOME S 4,870.00 $ 4,870.00 EXPENSE Salaries Dan Olinger 1,337.95 1,728.14 Bob Wier 500.22 1,369.96 Mike Bouthilet 399.36 1,516.80 T-like Buckles 51.45 Total Salaries 2,237.53 4,666,35 Utilities 209.72 209.19 Audit 800.00 800.00 Schools & Others 202.08 250.82 R_ePairs & Mainteriance 2798 D V Sam 97.35 3/89 Action Rental 20.14 Miller Excavating 196.80 Gopher State 6.25 4'189 Pinky's Pumping 82.00 Office Supplies 6,0..00 .......6.0.00 Total Expenses 3,.60.6,.,.68 6.,29.1.55 PROFIT OR (LOSS) $ 1,263.32 $(1,421.55) ` CITY OF LAKE All ELMO March 20, 1990 City of Lake Elmo Mr. Timothy K. Scherkenbach Director, Division of Water Quality Minnesota Pollution Control Agency 520 Lafayette Road Saint Paul, Minnesota 55155 Re: Treatment Works Grant C27-1411 02, Step 2+3 Lake Elmo, Minnesota Dear Mr. Scherkenbach: 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 The purpose of this letter is to provide justification and documentation of those costs for land and related acquisition costs resulting from the appeal and judgment on Site D, Lake Elmo, Minnesota, for the above referenced project and grant. The specific issues to be addressed were outlined in your letter to the City dated February 9, 1990, and further clarified in a letter from the City to you dated February 16, 1990. A. Justification and verification of all costs relating to land acquisition including documentation of these costs for an eligibility determination: 1. Land Costs The overriding principle of law that governs the taking of land is that just compensation must be made to the owner. This is required in both the State and Federal constitutions. The Federal law is codified in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Section 4655 of the Act states that in acquiring real property, it (the governmental unit) will be guided to the greatest extend practicable under State law. In Minnesota, that guidance is Minnesota Statutes, Chapter 117, Eminent Domain, for it is State law which grants eminent domain authority to cities, not Federal law. Two procedures are established to determine just compensation: negotiation pursuant to 40 CFR Ch. 1, Sec. 4.101 et seq., or exercise of powers of eminent domain. In the case of Site D, the owner would not negotiate in good faith; therefore, condemnation was the only procedure available to establish just compensation for the land. In condemnation, either party has the right to appeal the award. In this case, because the owner appealed the condemnation conunission's award, the jury was given the authority and responsibility to determine just compensation. The City followed the procedure prescribed by law to the letter. Your attention is directed to the following Chapter 117 paragraphs, copies of which are included for your reference: Mr. Timothy R. Scherkenbach March 20, 1990 Page Two MS 117.145 APPEAL The appeal is ap rt of the condemnation process and not a separate action under some other law. MS 117.165 JURY TRIALS; DISCLOSURE Where an appeal is taken, the owner is entitled to a jury trial. MS 117.175 TRIAL, BURDEN OF PROOF, COSTS The jury trying the case shall reassess the damages from the beginning and apportion the same as evidence and justice require. The allowable costs described include land, damages, expert witness, appraisal and property owner's reasonable costs as allowed by the Court. MS 117.195 INTEREST; AWARD, WHEN PAYABLE; DISMISSAL; COSTS This section requires that interest be paid on damages from the date of the petitioner's possession of the land. In this case, the City was awarded title and possession to the land on April 13, 1987. In support of the City's position, we are including the District Court Order Granting Petition and Vesting Title and Possession, dated February 23, 1987, the District Court's Notice of Filing and Entry of Judgment awarding damages, interest, and costs, dated September 20, 1989, the District Court's Notice of Filing and Entry of Amended Judgment awarding damages, interest, and costs, dated November 8, 1989, and the Amended Final Certificate in Condemnation, dated January 8, 1990. A summary of the land costs is as follows: Land $70,000.00 Interest and Owner's Costs $16A53.70 Total $86,453.70 Less previously approved by MPCA-$49.600.00 Balance $36,853.70 Mr. Timothy K. Scherkenbach March 20, 1990 Page Three OR 1 A"4IW The City's defense at the condemnation appeal trial was to assert that the amount awarded by the condemnation conunissioners was just compensation. MS 117.175 required the City to defend its assertion of the land acquisition costs de novo, that is "from the beginning as if the commissioners hearing and award had not occurred. The evidence that the City presented at the condemnation hearing had to be updated for the trial because two years had passed since the condemnation hearing and award. The City had its appraiser, Penfield, Inc., update its land appraisal and prepare for and testify at the trial. The City also called Maurice Andrewson, one of the condemnation conuilissioners, to testify how the commissioners arrived at their figure, as allowed by Statute. A summary of the appraisers' costs is as follows: Penfield, Inc. $2,900,00 Maurice Andrewson 250.00 Total $3,150.00 Engineering Costs - Febmary 1 1989 - December 31. 1989 A review of the City's engineering bills for this period totaled $5,184.33. An examination of the actual tune sheets revealed that some work other than relating to the Site D land appeal was included, such as providing additional information to MPCA for construction contract close out. The engineering work for Site D land appeal was for preparation for and attendance at the trial, meetings and telephone conferences with City or MPCA staff about the appeal, and correspondence or research regarding applicable law or regulations for land appeal. Those hours and costs are itemized on the attached TKDA form. The engineering costs for this land appeal work is $ 3,593.16 4. Legal Costs February 1 1989 -..December 31, 1989) The legal work for Site D land appeal was for preparation for and attendance at the trial, meetings and telephone conferences with City staff or witnesses about the appeal, and other legal services as set forth in the attached itemized bills. The legal costs for this land appeal work is $7,317.91. Mr. Timothy K. Scherkenbach March 20, 1990 Page Four 5. Summery of Costs The following is the summary of all of the costs discussed above which have not been previously approved by the MPCA for which the City is now requesting approval. The City believes these costs are eligible, reasonable, necessary, allocable to the project, and permitted by the appropriate Federal cost principles because all of the summarized costs were necessary to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as the City is required to do according to the terms of the Grant regulations. Land $36,853.70 Appraisal 3,150.00 Engineering 3,593.16 Legal 7,317.91 Total $ 50,914.77 B. Discussion, justification, and verification of those costs needing a budget period extension and those costs obligated under the existing budget period. The four costs previously identified (land, appraisals, engineering, and legal) constitute all of the additional costs for which the city is seeking grant funding. We will discuss the obligation of those costs and the need for a budget period extension individually. Land Cost 40 CFR 30.200 defines "budget period" as the length of time EPA specifies in an assistance agreement during which the recipient may expend or obligate (emphasis added) Federal funds. From the preceding paragraphs, we have already established that land must be acquired in accordance with the Federal Land Acquisition Act which requires conformance with State Law. Your attention is directed once again to MS 117.195, INTEREST, which requires payment of interest on the final determination of just compensation from the date of ossession (emphasis added). By requiring interest from the date of possession, State Law recognizes that the cost of the land is obligated at the time of possession even though the amount will not be determined until the full process allowed by law has been completed. Verification of that fact is found in the "Amended Final Certification in Condemnation". It is the City's position that the Federal funds were likewise obligated on April 13, 1987, but the final cost of the land has just been finally determined. From the preceding paragraphs, it is clear to the City that the land costs were obligated during the budget period and therefore, do not need a budget period extension. Mr. Timothy K. Scherkenbach March 20, 1990 Page Five 2. Appraisal Engineering and Legal Costs From our study of the Federal regulations, it is unclear whether a budget period extension is necessary to consider appraisal, engineering, and legal costs associated with the land acquisition as eligible costs. From the preceding paragraphs, it is clear that in acquiring land the City must and did follow the exact procedures prescribed in State and Federal Law. Since the costs for the land were obligated on April 13, 1987, then all costs associated with complying with the laws necessary to acquire the land were also obligated on April 13, 1987. Although the regulations are not clear whether a budget period extension is necessary to consider these costs eligible, it is clear that a budget period extension is necessary to complete the work. 40 CFR defines Project Period as the length of time EPA specifies in the assistance agreement for the completion of all project work (emphasis added). Since land acquisition is one of the tasks identified in the assistance agreement, it is part of the project work. In Special Condition No. 2 of the City's EPA Grant Agreement, dated September 2, 1983, the City agreed to manage the project in accordance with 40 CFR 35.2212, "Project Initiation and Completion" consistent with its project schedule .... and if any such dates in said project schedule will not be met, the grantee also acknowledges and agrees to notify (emphasis added) the project officer, include in the notification (emphasis added) an explanation/justification of the cause for delay and proposed revised dates, and obtain written approval of same, all prior to the expiration of any such date. In December, 1988, the Site D property owner filed a "Notice of Issue and Certificate of Readiness for Trail". At this time, just one month prior to the expiration of the project period, the City is officially informed that the owner intends to appeal. The City then followed the notification process as described in the following paragraph. C. Discussion of how the City followed the budget period extension notice process for a budget period extension. Once the City was served notice of appeal in December, 1988, the City realized that. because of the appeal, it could not complete all the project work (i.e., land acquisition) prior to the January, 1989 completion date. The City, through its City Engineer, initiated the procedure outlined in Special Condition No. 2 of the City's EPA Assistance Agreement. In summary, that procedure is: Mr. Timothy K. Scherkenbach March 20, 1990 Page Six 1) Notify the project officer. 2) Explain/justify the cause for delay. 3) Propose a revised date. 4) Obtain written approval. All of these items were to take place prior to the expiration of the project schedule date. After meeting with the City Council and at their direction, the City Engineer notified the MPCA in a letter to Kathy Sather, dated January 23, 1989, of its need for a budget period extension. Paragraph 9 of that letter was very specific in addressing the first three requirements in the notification procedure itemized above. Those three requirements are reiterated as follows using the exact words from the letter: 1) Notify the Project Officer "The City will be requesting a budget period extension ... and a rebudget for land, administrative and engineering costs...." 2) Explain/Justify the Cause for Delay "because of pending court action relating to land acquisition. The owner of the Gonnan Parcel (Old Village Remote D) has appealed the condemnation award amount ...... 3) Propose a Revised Date "The City will be requesting a budget period extension for one year ...... The fourth requirement, "Obtain written approval" is a task to be performed by the City, but yet it is not under the City's control to obtain it. The City's duty is to notify, explain/justify, and propose a revised date. It is the MPCA's duty to respond with the approval. It has been repeated many times by the MPCA that the City did not "request" an extension; therefore, the Agency did not rule on the request. Yet nowhere in the regulations can we fund the requirement to "request" an extension, only to notify, explain/justify, and propose a proposed date. The Assistance Agreement is a contract between the City and the Federal Government. The concept of "giving notice" has been a part of contract law for years. The only other flaw that has been pointed out to us is that the letter was signed by the City Engineer where it should have been signed by the City Administrator. Mr. Timothy K. Scherkenbach March 20, 1990 Page Seven In conclusion, it is the City's assertion that it did follow the budget period extension notice process. The assertion that the City did not "request" a time extension is a false one because the City is required to give notice. All previous correspondence from the City of Lake Elmo to the MPCA on this matter as listed below should be considered a part of the record: January 23, 1989 June 29, 1989 August 31, 1989 November 13, 1989 November 14, 1989 Attached to the previous correspondence were the following documents which are also a part of the record: District Court Order Granting Petition and Vesting Title and Possession, dated February 23, 1989. District Court's Notice of Filing and Entry of Judgment awarding damages, interest, and costs, dated September 20, 1989. District Court's Notice of Filing and Entry of Amended Judgment awarding damages, interest, mid costs, dated November 8, 1989. Minnesota Statutes 117.145, 117.165, 117,175, and 117.195, Mr. Timothy K. Scherkenbach March 20, 1990 Page Eight The following attachments are provided with this letter: Amended Final Certificate in Condemnation Cancelled checks for the land payments to Gorman in the amount of $86,453.70. Bills for appraisals at trial totalling $3,150.00 Engineering bills and hour/task breakdown totalling $3,593.16. Legal bills and hour/task breakdown totalling $7,317.91. Sincerely yours, Mary Kueffner Acting City Administrator cc: City Council City Attorney City Engineer NiiR 16 '90 15:58 T K D A & ASSOC., INC. P.2 7 '��'�1) ® TOLTZ, KING, DUVALL, ANDERSON a. .i.Li..�w AND A®BOOIATIG, INCORPORATED ENQINEERS ARCHITECTS PLANNERS 4000 AMERICAN NATIONAL DANK SUILOINO SAINT PAUL, MINNAWTA Esiol - i17r7DR-F400 March 16, 1990 _= FAX 41WOR-9003 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Final Escrow Release Tartan Meadows 3rd Addition Dear Mayor and Council: Willard Morton has requested release of his remaining escrow because he feels he has completed all of the requirements for Tartan Meadows 3rd Addition, I told Mr, Morton that I would bring his request to the Council even though I could not recommend full release of the performance security. The dispute centers around turf establishment and erosion control, In the spring and summer of 1989 severe washouts occurred in the drainage easement and. ponds, I contacted Mr. Morton and told him to repair the damage because we had not released the security deposit yet. He hired E & H Earthtnovers to repair the damage but he chose to do the turf restoration himseif. The seeding was done late last fall and has not germinated yet. Mr. Morton feels since he has planted the seed he has fulfilled the requirements. My opinion is that the Development Agreement requires "turf establishment" which means grass in a growing and established condition, not just placing seed In the ground, I realize the soil is sandy and that many residents have not established their own lawns yet, but I am reluctant to have die City assume maintenance of these areas before the turf is established in a thriving condition. It is recommended that Mr. Morton's request be denied until the turf is re-established, Sincerely, Larry D. Boluer, P.E. LDB/sr CLAIMS TO BE APPROVED AT MARCH 20, 1990 LAKE ELMO COUNCIL "BEET-NG (all claims are within budget unless otherwise noted) 93059 Shirley Sloan - cleaning $ 26.95 93060 Bellaire Sanitation - office dumpster 57.05 93061 Four Seasons Services - cup inserts 13.45 93062 Hagberg's Country Market - coffee 14.39 93063 Frank Langer - assessor 1,500.00 93064 James R. Hill - invoice attached 1,353.00 93065 Rauenhorst Carlson & Knaak - legal invoices attached 4,059.25 93066 Carl Blondin — legal retainer 900.00 93067 St. Croix Animal Shelter - animal impounding 120.00 93068 Int'1 Conf, of Bldg. Officials - dues 75.00 93069 Elmo's Lumber.& Plywood - Fire Dept.bldg maint 30.98 93070 Harold's Shoe Repair - Fire Dent. supplies 61.75 93071 Emergency Apparatus Maint. -,Fire Dept. supplies 718.76 93072 General Safety Equip. Corp. _ Fire Dept, sun_nlies 41.50 93073 Greg 11almouist - fire dent training 40.00 93074 AT & T - tong Distance - Fire Dent. $ 3.48 Maint. Dept. 12 22 15.70 93075 Lake Elmo Oil - Fire Dent. S 171.80 Bldg. Insp. 146.74 Maint. Dept. 1,442.77 1,761.31 93076 Glenwood Ingl.owood- Maint. Dent. 12.60 93077 F.H. Bathke Co. - Maint. Dept. supplies 4.80 93078 Valley Auto Supply - Maint. Dept.. Equip repair 104,52 93079 Menard's - Maint. Dept, 18,98 93080 Thompson Hardware - Kaint. Dept. supplies 181.44 93081 Junker Sanitation - Maint. Dept. dumpster 53.00 93082 Gopher State One -Call - Maint. Dept, 70.00 93083 Truck Utilities Maint. Dept. equip repair 72.55 93084 Midwest Bolt & Supply - Maint. Dent. 266.26 93085 Team Laboratory - Maint. Dent. cleaning supplies 598.26 93086 Metro Waste Control Commission - sewer service charge 90...24 93087 93101 thru March 23rd payroll 11,320.61 Total $ 23,582.35 11 JAMEs R. HILL, INC. PLANNERS ENGINEERS SURVEYORS '�1AR 1 2 1990 9401 DAMES AvE. So., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9510 Lake Elmo, City of STATEMENT DATE:MAR 8 90 Attn: Ms. Patricia Morrison 3800 Laverne Ave. No. Lake Elmo, MN 55042 CLIENT NUMBER: 5255 PROJECT DATE AMOUNT PAYMENTS BALANCE 0112P COMPREHENSIVE FLAN/MUNICIPAL WORT: FEB 90 $ 1,235.00 $ 0.00 ---------- 1,235.00 PROJECT TOTAL: ----------- $ 1,235.00 ---------- $ 0.00 $ 1,235.00 8037P CITY OF LAKE ELMO-MISC./MUNICIPAL WORE; DEC 88 $ 1,216.00 $ 11216.00 0.00 JAN 89 $ 1,694.00 $ 11694.00 0.00 FEB 89 $ 63.00 $ 63.00 0.00 APR 89 $ 1,060.00 $ 1,060.00 0.00 MAY 89 $ 743.00 $ 743.00 0.00 SEP 89 $ 738.00 $ 738.00 0.00 OCT 89 $ 545.00 $ 545.00 0.00 .JAN 90 $ 118.00 $ 118.00 0.00 FEB 90 $ 118.00 $ 0.00 ---------- 118.00 PROJECT TOTAL: ---------- $ 61295.00 --------- $ 61177.00 $ 118.00 CURRENT OVER 30 OVER 60 OVER 90 BALANCE DUE $1,353.00 $0.00 $0.00 $0.00 $1,353.00 JAMES R. Hi«, INC. PLANNERS ENGINEERS SURVEYORS 9401 JAMEs ME. So., SUITE 140, BLOOMINGTON, MN 55431 612/884.3029 FAX 884-9518 FEB 28 90 Lake Elmo, City of Attn: Ms. Patricia Morrison 3800 Laverne Ave. No. Lake Elmo, MN 55042 PROFESSIONAL SERVICES RENDERED: COMPREHENSIVE PLAN/MUNICIPAL WORT. (0112P) Other misc. services for client * City council meetings (on Feb. 13, 1990) Drafting misc. exhibits PLANNER III 19.50 HRS X $ 59 = $ 1,151.00 ENGINEER TECHNICIAN I 3.00 HRS X $ 28 = $ 84.00 . . . $ 1,235.00 * Review and comment on Comprehensive Plan. JAMEs R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 9401 JAMEs AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518 FED 28 90 —- --Lake-Elmo-City of-- Attn: Ms. Patricia Morrison 3800 Laverne Ave. No. Lake Elmo, MN 55042 PROFESSIONAL SERVICES RENDERED: ------------------------------- CITY OF LAKE ELMO-MISC./MUNICIPAL WORK. (8087P) Other misc. services for client* PLANNER III 2.00 HRS X $ 59 = $ 118.00 $ 118.00 * Review and comment on Pond PF Zone. Rauenhorst Carlson & xnaax Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 ( Iity of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 ACCOUNTS RECEIVABLE BALANCE FORWARD PAYMENTS RECEIVED SINCE 01/31/90 CREDITS ISSUED SINCE 01/31/90 RETAINER BALANCE FOR PROFESSIONAL SERVICES RENDERED RE: General PROFESSIONAL SERVICES 02/05/90 FWK Phone conference - Mayor; Review packet; 1.25 Conference with SC; Research; Letter to Council 02/05/90 SPC Conference with FWK 02/06/90 FWK Conference with SC; Prepare for Council 0.75 Meeting; Letter to client 02/06/90 SPC Phone conference - A. Tschida re: 0.50 Johnson Variance 02/06/90 SPC Phone conference - client 0.25 02/06/90 SPC Prepare for Council Meeting 2.50 02/06/90 SPC Attend City Council Meeting 3.50 02/07/90 SPC Phone conference - FWK 0.25 02/07/90 SPC Phone conference - client, M. Kueffner 0.50 02/13/90 SPC Phone conference - client, S. Dann 0.25 02/15/90 SPC Phone conference - client 0.25 02/15/90 SPC Memo to file 0.25 02/16/90 SPC Phone conference - client 0.25 02/20/90 SPC Phone conference - client 0.5C 02/20/90 SPC Phone conference - client 0.5C 02/20/90 SPC Phone conference - client 0.25 02/20/90 SPC Research - Video recording 1.5C 02/20/90 SPC Draft Quit Claim Deeds 2.00 02/20/90 SPC Phone conference - League of MN Cities 0.25 02/22/90 FWK Review documents re: Council actions; 0.79, Research 02/27/90 SPC Phone conference - Cable TV, K. 0.29, Donnelly, Cohen Carlson, Steven P. 14.25 Knaak, Frederic W. 2.75 NAR 8 1990 $500.00- $0.00 $0.00 36.76 14.71 22.06 14,71 7.35 73.53 102.94 7.35 14.71 7.35 7.35 7.35 7.35 14.71 14.71 7.35 44.12 58.82 7.35 22.06 7.36 TOTAL HOURS 17.00 TOTAL FEES 500.00 CONTINU; RETAINER BALANCE FOR PROFESSIONAL RE: 02/01/90 02/01/90 02/01/90 02/01/90 02/06/90 02/06/90 02/06/90 02/16/90 02/16/90 02/16/90 02/16/90 SPC SPC SPC SPC SPC SPC SPC SPC SPC SPC SPC Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 SERVICES RENDERED 201 Condemnation PROFESSIONAL SERVICES Phone conference - L. Bohrer 1.00 25 60.000 15.0 Phone conference - L. Bohrer - 0.25. 15.0 Memo to file Review correspondence - from client- MACA 0.50 .' 3p,00 Request 0.50 30.00 File review Z pp 120.00 Attend meeting-_.MCPA -. - © 25 15.00 Memo to file 0.25 15.00 Phone conference - C. Bohrer 0.25 15.00 Phone conference - L. Bohrer 0.26 15.00 Review correspndence 0.25 15.00 Memo to file Carlson, Steven P. 5.75 345.00 TOTAL HOURS 5.75 . 345.00 TOTAL FEES DISBURSEMENTS 02/06/90 Land Title -Filing Fee 15.00 15.00 TOTAL DISBURSEMENTS MONTHLY TOTAL $360.00 TOTAL AMOUNT DUE $360.00 I declare, under penalties of law, that the above account, claim or demand is true and correct. CONTINUI, Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 !ity of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 STATEMENT # .1090 February 28, 1990 FILE # 1608-0010 PAGE 1 ------------------------------------------------------------------------------- ACCOUNTS RECEIVABLE BALANCE FORWARD $255.00 PAYMENTS RECEIVED SINCE 01/31/90 CREDITS ISSUED SINCE 01/31/90 RETAINER BALANCE FOR PROFESSIONAL SERVICES RENDERED RE: Section 32 Petition, Chapter 429 PROFESSIONAL SERVICES 02/01/90 SPC Review correspondence/opposing attorney 0.25 02/05/90 SPC Research 1.50 02/05/90 SPC Review documents - Amended findings, 2.50 Order 02/07/90 SPC Phone conference - J. Maas & all 0.50 attorneys 02/07/90 SPC Draft documents - Memorandum of Law 2.50 02/13/90 FWK Conference with SC 0.25 02/13/90 SPC Draft documents 7.00 02/14/90 SPC Revise documents 2.50 02/15/90 FWK Review documents; File review; Phone 1.00 conference - client 02/15/90 SPC Revise documents 0.50 02/15/90 SPC Revise documents 0.75 02/15/90 SPC Phone conference - FWK - 0.25 02/16/90 SPC Revise documents 2.50 02/16/90 SPC Letter to opposing attorney 0.50 02/16/90 WJM Letters of service 0.50 02/16/90 WP Word Processing 6.00 02/16/90 cc Carbon copy to client 6.00 02/26/90 SPC Review documents 0.50 02/27/90 SPC Review documents - Muni Board Memorandum 0.50 02/27/90 SPC Memo to file 0.50 Carlson, Steven P. Knaak, Frederic W. Magnuson, Wendy J. Word processing Carbon copy/client TOTAL HOURS TOTAL FEES 22.75 1,365.00 1.25 75.00 0.50 27.50 6.00 30.00 6.00 21.00 36.50 $255.00- $0.00 $0.00 15.60 90.00 150.00 30.00 30.00 45.00 15.00 150.00 30.00 27.50 30.00 21.00 30.00 30.00 30.00 1,518.50 CONTINU; 1 or demand is true and correct Rauenhorst Carlson & Knaak _ Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo STATEMENT # 1098 Attention: Marilyn February 28,`1990 3880 Laverne Avenue North FILE # 1608.-0031 Lake Elmo, Minnesota 55042 iw ------------------------------------------------------------------------------ PAGE _ 1 _ ACCOUNTS RECEIVABLE BALANCE FORWARD $72.00 PAYMENTS RECEIVED SINCE 01/31/90 $72.00- CREDITS ISSUED SINCE 01/31/90 $0.00 RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED RE: Armstrong/Madsen PROFESSIONAL SERVICES 02/05/90 FWK Prepare for hearing 1.00 60.00 Knaak, Frederic W. 1.00 60.00 TOTAL HOURS 1.00 TOTAL FEES 60.00 MONTHLY TOTAL $60.00 TOTAL AMOUNT DUE $60.00 I declare, under penalties of law, that the above account, claim or demand is true and correct. M a Frederic W. Knaak RAUENHORST CARLSON & KNAAK Rauenhorst Carlson & Knaak RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED RE: Madson, Hugh Mandamus Lawsuit PROFESSIONALSERVICES 02/01/90 FWK Review correspondence/opposing attorney .0.25 15.00 02/02/90 FWK Review correspondence/opposing attorney 0.25 15.0, , 02/07/90 FWK Prepare for hearing; Research 0.75 45.( 02/08/90 FWK Research; Prepare for hearing 1.75 ;--105.0,0 02/09/90 FWK Attend hearing; Research 2.75 165.'00 02/09/90 WP Word Processing 2.00 10.00 02/12/90-- WP Word Processing 3.00 15.00 02/13/90 FWK Review correspondence/opposing attorney; 0.75 45.'00 Letter to court 02/16/90 FWK Review correspondence/opposing attorney 0.50 30.00 02/22/90 FWK Review correspndence; Research; Letter 0.75 .45.00 02/27/90 FWK Research; Letter 1.50 90.00 Knaak,.Frederic W. 9.25 555.00 'Word processing 5.00 25.00 TOTAL HOURS 14:25 TOTAL FEES 580.00 MONTHLY TOTAL $580.00 TOTAL AMOUNT DUE $580.00 I declare; under penalties of law, that the above account, claim or demand is true and correct. ®reder4icKnaak _ RAUENHORST CARLSON & KNAAK Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 ACCOUNTS RECEIVABLE BALANCE FORWARD $0.00 PAYMENTS RECEIVED SINCE 01/25/89 - $0.00 CREDITS ISSUED SINCE 01/25/89 $0.00 ,,RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED ,BE: Ordinances, Opinions & Other PROFESSIONAL SERVICES 02/05/90 FWK Draft ordinance; Research 0.75 45.00 { 02/13/90 FWK Prep. & attendance at Special Meeting 2.00 120.00 02/28/90 SPC Review correspondence from client 0.25 15.00 02/28/90 SPC Review documents - Easement 0.50 30.00 02/28/90 SPC Phone conference - client 0.50 30.00 02/28/90 SPC Research - Easement 0.50 30.00 02/28/90 SPC Letter to client - Easement 0.50 30.00 Carlson, Steven P. 2.25 135.00 Knaak, Frederic W. 2.75 165.00 TOTAL HOURS 5.00 TOTAL FEES 300.00 MONTHLY TOTAL $300.00 TOTAL AMOUNT DUE $300.00 1 declare, under penalties of law, that the above account, claim or demand is true and correct. Frederic W. Knaak RAUENHORST CARLSON & KNAAK Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo STATEMENT # -,109 Attention: Marilyn February 28,'1990 3880 Laverne Avenue North FILE # 1608-0017 Lake Elmo, Minnesota 55042 PAGE Ili ; ACCOUNTS RECEIVABLE BALANCE FORWARD $30.00 PAYMENTS RECEIVED SINCE 01/31/90 $30.-00- CREDITS ISSUED SINCE 01/31/90 «$0.00 RETAINER BALANCE s FOR PROFESSIONAL SERVICES RENDERED 1 -: RE: r' Rogers, Joseph PROFESSIONAL SERVICES 02/09/90 SPC Phone conference - opposing attorney 0.25 15.Of1 02/16/90 FWK Letter to opposing attorney; File review, 0.50 30.q 02/19/90 SPC Phone conference —.opposing attorney 0.25 :15.0 1 02/20/90 WP --Word Processing 2:00 30.00 02/20/90 cc Carbon copy to client 2.00 7.00 02/27/90 FWK Phone conference - opposing attorney 0.25 15.00 Carlson, Steven P. 0.50 30.00 Knaak, Frederic W. '0.75 45.00 Word processing 2.00 10.00 Carbon copy/client 2.00 7.00 TOTAL HOURS 5.25 TOTAL FEES 92.00 MONTHLY TOTAL $92.00 TOTAL AMOUNT DUE $92.00 I declare, under penalties of law, that the above account, claim or demand is true and correct. Frederic W. Knaak RAUENHORST CARLSON & KNAAR Rauenhorst Carlson & Knaak Suite #200 i 2665 Long Lake Road Roseville, Minnesota 55113 STATEMENT # 1095 City of Lake Elmo February 28, 1990 Attention: Marilyn FILE it 1608-0018 3880 Laverne Avenue North .Lake Elmo, Minnesota 55042 PAGE------------------ 1 ------------------------------------------------------------ ACCOUNTS RECEIVABLE BALANCE FORWARD $105.00 PAYMENTS RECEIVED SINCE 01/31/90 $105.00- $0.00 CREDITS ISSUED SINCE 01/31/90 $0.00 RETAINER BALANCE FOR PROFESSIONAL SERVICES RENDERED RE: " Derrick Land Fill PROFESSIONAL SERVICES _sa.00 02/09/90 FWK File review; Prepare for hearing - opposing attorney 1.oDD 25 15.00 02/09/90 SPC FWK Phone conference Attend pretrial; Phone conference - 1.50 90.00 02/12/90 02/12/90 SPC court Conference with FWk T. 0.25 0.25 15.00 15.00 02/12/90 SPC Phone conference - opposing attorney, 02/16/90 FWK Radio _ Letter to opposing attorney; File review 00 0.25 .00 303000 02/19/90 SPC Phone conference - opposing attorney 5.00 02/20/90 WP Word Processing 2 00 .00 02/20/90 cc FWK Carbon copy to client Phone conference - opposing attorney D 25 15.00 02/27/90 Carlson, Steven P. 1.00 Knaak, Frederic W. 3.25 Word processing 1.00 Carbon copy/client 2.00 TOTAL HOURS TOTAL FEES MONTHLY TOTAL 60.00 195.00 5.00 7.00 7.25 TOTAL AMOUNT DUE I declare, under penalties of law, that the above account, claim nn or demand is true and correct. Frederic W. Knaak RAUENHORST CARLSON & KNAAK 267.00 $267.00 1 $267.001 Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 STATEMENT # "k"*'109(4 City of Lake Elmo February 28, 0 Attention: Marilyn FILE # .11608-0021 16 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 ----------------------------------------------------------------------------- PAGE 1 .. ,.... e ACCOUNTS RECEIVABLE BALANCE FORWARD $1,586.00 PAYMENTS RECEIVED SINCE - 01/31/90 $1,586.00- $0.00 ' CREDITS ISSUED SINCE-01/31/90 $0.00 RETAINER BALANCE FOR PROFESSIONAL SERVICES RENDERED j RE. - Federal Land PROFESSIONAL SERVICES 402/01/90 SPC Phone -conference - opposing attorney 0.25 0.25 = 15.00 15.Q,r , 02/01/90 SPC Memo to file _ 02/01/90 SPC Review correspondence from court - ' 0.25 15.(s;_ Assignment notice 02/02/90 SPC Phone conference - L. Bohrer, M. 1.00 60.00 Keuffner ,02/05/90 .-.SPC, Phone conference .-_M. Black ,_. 0.50 0.25 30.00 15.00 02/07/90 SPC Phone conference - opposing attorney Carlson, Steven P. 2.50 150.00 TOTAL HOURS 2.50 150.00 TOTAL FEES _... .; $150.00 MONTHLY TOTAL $150.00 TOTAL AMOUNT DUE I declare, under penalties of law, that the above account, claim or demand is true and correct. Frederic W. Knaak RAUENHORST CARLSON & KNAAK Rauenhorst Carlson & Knaak _ y Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 ACCOUNTS RECEIVABLE BALANCE FORWARD $2,822.31 PAYMENTS RECEIVED SINCE - 12/29/89 $2,822.31- CREDITS ISSUED SINCE 12/29/89 $0.00 RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED RE: Section 32, Petition #2 PROFESSIONAL SERVICES 02/12/90 WP Word Processing 5.00 25.00 (12/13/90 FWK File review 0.50 16.00 30.00 80.00 02/14/90 WP "Word Processing Knack, Frederic W. 0.50 30.00 Word processing 21.00 105.00 TOTAL HOURS - 21.50 .' TOTAL FEES 135.00 DISBURSEMENTS 02/15/90 Facsimile Charges - Outgoing 17.00 ''TOTAL DISBURSEMENTS 17:00 MONTHLY TOTAL TOTAL AMOUNT DUE I declare, under penalties of law, that the above account, claim or demand is true and correct RAUENHORST CARLSON Frederic W. Knaa & KNAAK $152.00 $152.00 _ Rauenhorst Carlson & Knaak Suite #200 v' 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo STATEMENT # - Y'125 Attention: Marilyn "February 28,1990 8880 Laverne Avenue North FILE_#._.11608-0029 Lake Elmo, Minnesota 55042 _ u y t 5 PAGE 1 ----- ACCOUNTS RECEIVABLE BALANCE FORWARD $317.00 ' PAYMENTS RECEIVED SINCE 01/31/90 $317.'00-` CREDITS ISSUED SINCE -: "01/31/90 - $0.00 " RETAINER BALANCE $0.00 ,. FOR PROFESSIONAL SERVICES RENDERED RE: _ ....:: .. .. .. .Cosy Cove - Condemnation PROFESSIONAL iSERVICES-x_- 02/06/90 __ SPC "Memo to file 0'25 15 00 02/27/90 SPC Phone conference - client 0.25 .15 0( J 02/27/90 SPC Phone conference - D. Haase 9,,25 15.00; l Carlson, Steven P. 0.75 45.00 TOTAL HOURS `.,. 0,.75 ". TOTAL FEES 45.00 MONTHLY TOTAL $45.00 TOTAL AMOUNT DUE - $45.00 `f l TKDA l .EERS ARCHITECTS PLANNERS March 7, 1990 David R. Jessup., Public Works Director Woodbury City Hall 8301 Valley Creek Road Woodbury, Minnesota 55125 Re: I-494 Access Improvement Study Woodbury, Minnesota Dear Mr. Jessup: TOLTZ, KING, DUVALL. ANOERSON AND ASSOCIATES, INCORPORATED 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 612 2�w FAX 61=124063 On March 6, 1990, the Lake Elmo City Council reviewed the I-494 Access Improvement Study. The purpose of this letter is to transmit those comments to you in accordance with the Notice of Public Hearing. The following are Lake Ehno's comments: 1. Lake Elmo finds there is no envirorunental impact on Lake Elmo from the proposed unproved access to I-494. 2. Lake Ehno finds there is a negative economic impact on Lake Elmo because Federal, State and County monies are proposed to be used on the improvements which will provide a benefit only to Woodbury. Although not part of the Environmental Assessment Worksheet (EAW), the I-494 Access Study did propose an extension of Bielenberg Drive north on its present alignment over I- 94 and into Lake Elmo. Please be advised that the Lake Elmo Comprehensive Plan has not made provisions'for this extension. If Woodbury wishes to continue to show this extension on its planing documents, a better location may be farther to the east. Your proposed aligmment lines tip with an existing commercial building, a wetland shown to be utilized on Lake Elmo's drainage plan, and an existing petroleum pipeline. 4. The I-494 Access Improvement Area is generally within the Ramsey Washington Metro Watershed District. The southwest comer of Lake Elmo is also within this District. In 1986, we reviewed the water management plan for Lake EImo and found that the plan limited Lake Elmo's discharge to 5 cfs even though under present undeveloped conditions the discharge is 20 cfs. The Watershed's engineers told us that Lake Elmo's discharge must be limited to 5 cfs because of Woodbury's 922 cfs discharge from Pond C7A (see attached map). It seemed to us that 922 cfs was an incorrect number. At that time, we talked with Joe Andera and found that Woodbury's drainage plan had no such large discharge for that area. We also know of no existing structure under 1-494 to pass that kind of flow. We wrote to the Watershed's engineer pointing out what we felt was an error and received no response. 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 andpast 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 MARCH 20, 1990 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: March 6, 1990 3. Claims 4. Re.A.P.P. Report 5. City Engineer's Report A., Public Hearing Proposed increase in 201 Users Pee B. Tartan Meadows Escrow Reduction C. 15th Street Shoulder Width D. Other 6. Planning, Land Use and Zoning A. Comprehensive Plan B. Other 7. City Attorney's Report A. R1 Zoning District repeal B. Other 8. City Council Reports A. C.I.P. Committee's recommendation on purchase of dump truck for maintenance department. B. Personnel Committee's recommendation on staff changes Lake Elmo City Council Agenda March 20, 1990 9. City Administrator's Report A. Resolution for Olympic Festival B. Vendor Requests for Olympic Festival C. Street Sweeping Bids D. Compost Contract with Washington County E. Recycling Contract with Washington County F. Update on Recycling Container Distribution G. Light Rail Transit Meeting H. Other 10. Adjourn P.3 MRR t6 '90 15;58 DA T K D R & RSSOC.' INC. HNQINEARCHITECTS PLANN9I410 March 16,1990 Honorable Mayor and City Council Lake Elmo, Minnesota Re: 11th Street Shoulder Width Lake Ehno, Minnesota Commission No. 9492-02 TOLTZ, KING, DUVALL, ANDGRSON AND ASOOOIATEO, INOORPORATO uur WIN 61NG SAINT PN1L, MINNiDDTA 98f of DIM02.ewe FAX 119"-0010 bear Mayor and Council: Last year public hearings were held for the improvement of 15th Street, At that time we presented the same design for 15th Street that was similar to other state aid streets constructed in Lake Elmo-, that is a 24 feet wide road with 4 feet wide paved shoulders on either side. We have completed the construction plans on that basis and submitted them for approval by the Minnesota Department of Transportation. They have just informed me that for the higher traffic counts on 15h Street, a 6 feet wide ar S feet wide shculder is required. ou, I thou h ithas isdifferent rriate tc than, what was discussed at the public hearing and approved by y g pp p place this matter on the agenda. Since the job is advertised for bids and time is short i have taken the liberty to invite four property owners, by copy of this letter, to attend the meeting for their ional rmanent right of input, it does not I also appears that war that e Will nony tt gets plsr approval withoutawwill be needed for this idening he shoulders. 1. Detemrine if the shoulder width should be widened, 2. Approve extending the bid date two weeks to April 12,1990 to allow time to revise the plans. Sincerely, Imo- Al, ' - Larry D. Bohrer, F.E. LDB/sr FOSS SWEEPING 6 PLOWING, INC. 3853 39th Avenue South Minneapolis, MN 55406 724-8597 1990 STREET SWEEPING BID To: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Attention: Dan Olinger Public Works Director Equipment: 1970, 1975, and 1978 Elgin Pelican Sweepers Hourly Rate: $48.50 per hour FOSS SWEEPING &/PLOWING, INNCC. ynn A. Foss, President Dated: March 15, 1990. 5 MCPHILLIPS, INC. Commercial Sweeping • Snow Removal • Industrial Sewer Cleaning February 7, 1990 City of Lake Elmo Attn: Director of Public Works City Hall 3800 Laverne Avenue Lake Elmo, MN 55042 RE: Quote for street sweeping. Dear Sir: I would like to place a quote to sweep the streets of Lake Elmo with an "Elgin Pelican" sweeper at a rate of $53.00 per hour. A certificate of insurance coverage will be sent upon your request. Thank You, for the opportunity to place this quote. If you have any questions, please feel free to call. Sincerely, Mike McPhillips, Inc. Michael R. Edge Vice President 207 West Water Street . Saint Paul, Minnesota 55107 . (612) 227-5932 eWm CLEAN SWEEP, INC. "�,,,� e��«.rrswrpF� C T3)150 PIONEER TRAIL 5 , I (� EDEN PRAIRIE, MN 55347 N�JI+ �nsuue� PHONE:941-1440 NINE ( ( - MEMBER ESTIMATE TO: OFFER: This "Estimate" is based on the "Terms and Conditions" I printed on the reverse side, the estimate of hours for LAKE ELMO, CITY OF equipment, labor and materials shown below and attachments ATTN: STREET DEFT (if any). This "Estimate" is void 30 days from the estimate date shown below unless the original has been signed by an authorized 11194 N UPPER U 3RD STREET officer or owner and returned to Clean Sweep, Inc. LAKE ELMO, MN 55042 J �•�^.� Sweep, I.C. Authorl:etl �atura IOUNT SLS., PURCHASE..- " . ORDER NUMBER ': .. CUSTOMER CONTACT i37PHONE NUMBER .'.:... WORK CLASSIFICATION ESTIMATE -.. .DATE -'"� .. JOB • ;: NUMBER )` i709 OS DAN OLINGER ( )777-55 G-•SWEEF'TNG 02/27/90 101 a r e a 06709-101 29A-2A CITY OF LAKE ELMO a I, ,,.F +,,.. ... 1-300 ., 3500 LAVERNE AVE SO LAKE ELMO, MN 55042 ,. DAN` OLINGEF t '777_"5510 :. * ESTIMATE INITIAL SWEEP >k *# ESTIMATE STREETS & ROADWAYSSWEEP" 100 ELGIN POWER SWEEPER .. . , _ -::'—PER 53.25 4 „'260.Of) THIS IS AN ESTIMATE BASED ON INFORM— ATION.F'FtOVIDED IN LETTER OF 2-22-90. HOURLY RATE FOR THE ELGIN POW aWEEP R ' IS $53.25 HR. THE CITY IS IDE DUMP ,TRUCKS AND WATER FO ER 1) DOWN TIME AND LUNCH `S- .-Nor HE CHARGED DN .. . ure to read "Terms & Conditions of This Estimate" on PARKING AREA MAINTENANCE SUB -TOTAL rrse side. ❑ SWEEPING ❑ SNOW PLOWING ;EPTANCE: This "Estimate", the terms and conditions printed MISC. is reverse side, the estimate of hours for equipment, labor and He 4 'wn above and attachments(ifany) are satisfactory. (I) Me) ❑ SCRUBBING ❑ SALT/SAND. -- - zy 1, ize the performance of this work as indicated above. DISCOUNT ❑ LAWN CARE ❑ SAND BARRELS TAX omrLE Ar�E '-- ❑ LANDSCAPING ❑ PATCHING e 6t" 19$9 EST. TOTAL L•J RETAINING WALLS U STHIPING ORIGINAL ESTIMATE 7 C RESPONSIBI y P BITUMINOUS CONTRACTORS ----February-23, 1990-- ----- -- — ------------ ----------------- City of Lake Elmo Dan Olinger 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Equipment Rental Quotes for 1990 Sweeping. Dear Mr. Dan Olinger: Thank you for allowing us to quote on this years street sweeping program. The machines that we will be using for this service are as follows: (2) 1982 Rosco hydrostatic, cab -enclosed, one way brooms. (These machines are faster and more economical in rural -type Areas where there is no curb and gutter.) (8) Elgin Pelican (1980-1988) Street Sweepers. The personnel that operate these machines are professional, having the ab- ility to repair and maintain their own machines. Most of our operators have been with Allied for many years and their primary duty is running brooms and sweepers. I've mentioned our late model, top conditioned and professionally operated machines not to boast, but to assure you that you can have clean streets with the least possible machine hours. Our rates for these machines, including operator's wage, are: One-way broom - $40.00 per hour Elgin Pelican Sweepers - $55.00 per hour It's been our pleasure working with your fine community, either seal coat- ing, and/or sweeping in past years. We're hoping to see you again soon. Thank you, R.C. Pearson Allied Blacktop Co. RCP`das 612 425-0575 10503 89th Ave. No. Maple Grove, MN 55369 4, MAR 1 5 1990 i is � �� ✓.�, � ..�.a��--- _ ,j` ��°- va-1 �y it v,•.i c�it,;�.,�-. u�rr.�- � - �f�"�— i �- a4j- Q L 0 Di v I!. li �V� �ovf L _-„��,�-� -ern _. 6/1 - ��° - A - _-_,�-jo- ..__ I�LO�___/(-�W.. -_(µGC(. _-_/%iy"' _. L%C.✓�'9"i" _r%Y^_—_ / -._. ii�G<l'IT%...---.•/ynR. v ..ii-� �nj�• �/' _..../ a.�e.---_Gctrz,.._- ,, / cry cha ,a 719 �o _- - //na !.� /:. ....( (J.v�•f iz 4m✓ �G! � C,p•,�c_P,N1Gp�r/ /��oyy�`/ p L/��%CL._ 'V+J �'`i VP'(/// vy A'J 0 /h�y 1plirnr» JtA W a7 . _ i (DUI LLlr9lN STES /n/ WNC€;5�9NS :.. - MwWCOou J, Miffiv f P;-4 j5'SY45 (iz.�3tY'43at i WASHINGTON COUNTY Mary Luth DEPARTMENT OF PUBLIC HEALTH MAR 6 j990 Director 0661. 9 agly GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082-0006 Office: 6121779.5445 Facsimile Machine: 6121779-5498 March 2, 1990 Ms. Mary Kueffner Lake Elmo City Hall 3800 Laverne Ave. N. Lake Elmo, MN 55042 Lear Mr. Kueffner: Enclosed is the 1990 Memorandum of Agreement for Yard. Waste Composting. Please note that this Agreement differs from the 1989 Agreement as follows: Section 2, "The County agrees": 1) Subsection a. of the 1990 Agreement allows up to $2,400.00 for site maintenance and windrow turning by the City. The 1989 Agreement allowed $2,000.00. kq�� 2) Subsection b. of the 4-989-Agreement allows up to $4,100.00 per year for site monitor expenses versus $2,500.00 in 1989. Section 3, "The City agrees": 1) Subsection g. requires the City to name the County as an additional named insured on the City's general liability insurance policy. Section 4, "The City and County agree": 1) Subsection a. provides for additional site hours in the Spring on Mondays from 1:30 to 7:00 p.m. (daylight permitting). Wednesday hours are extended to 7:00 p.m. (daylight permitting). In addition, the sites will be open the same hours (Mondays, Wednesdays, Saturdays, and Sundays) Spring through Fall. Please sign the Agreement and return it to me by March 23, 1990. A copy will be returned to you after it is signed by the County. If you have any questions or comments, please call me at 779-5284. Sincerely, /� h Thomas A. Haugen, R.S. Environmental Health Specialist TAH/djc Enclosure Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status In employment or the provision of services. 1990 MEMORANDUM OF AGREEMENT FOR YARD WASTE COMPOSTING THIS AGREEMENT made and entered into as of this day of , 19 by and between the County of Washington, hereinafter referred to as the "County" and the City of Lake Elmo, hereinafter referred to as the "City." WHEREAS, the County desires to implement a yard waste composting program to reduce the County's reliance on landfills, and WHEREAS, the City wishes to further the success of the composting program and participate in its implementation, NOW, THEREFORE, the parties hereto agree as follows: 1. Term. The term of this Agreement is from January 1, 1990 to December 31, 1990, the date of the signature of the parties notwithstanding. 2.' The County agrees to assume the following obligations: a. Maintain the yard waste composting site (including grading and hauling gravel if necessary), and construct, turn, and monitor the leaf windrows. If work is performed by the City to maintain the yard waste composting site, the County shall reimburse the City for all of its costs in an amount not to exceed $2,400.00. All work performed shall be at the direction of the Washington County Public Health Department. The County has no obligation to perform work or reimburse the City for work performed to prepare, construct, maintain, and operate a City sponsored brush processing operation in conjunction with the yard waste composting site. b. Reimburse the City for its costs for the City employee monitoring the site, in an amount up to $4,100.00 in 1990. It is further agreed by the parties that the monitor shall not be deemed an employee of the County. C. Pay for a publicity program in an amount not to exceed $1,400.00 for 1990 for the Yard Waste Composting Program, as developed jointly by the City and the County. d. Indemnify and hold the City and its officers, employees, agents, and volunteer workers harmless from any claims, suits or damages arising out of 1 any act or omission of the County, its officers, employees, agents or volunteer workers in the performance of the services provided for by this Agreement. ---- 3--The-C-ity agrees -to --assume the -following obligation: ------------ a. Provide a site to be used for large-scale yard waste composting. Yard waste is to consist of grass clippings, leaves, and nonwoody materials only. b. Provide at least one 55 gallon litter barrel at the site and collect refuse from the barrel(s). C. Hire a monitor to attend the site and supervise the unloading of yard waste during the hours specified in Section 4.a.. d. Haul away from the site any non -yard waste materials, including but not limited to, material illegally dumped, plastic bags and brush. e. Contact local police and fire officials to notify them of the project. 11 f. Indemnify and hold the County and its officers, employees, agents, and volunteer workers harmless from any claims, suits or damages arising out of any act or omission of the City, its officers, employees, agents- or volunteer workers in the performance of the services provided for by this Agreement. 10 g. The City further agrees that the City will at all /\\ / times during the terms of this Agreement, have and insurance keep in force a general liability policy "{ CJ in the amount of not less than the municipal tort liability limits as provided in Minnesota Statute \� Section 466.04, naming the County as an additional named insured. h. Beginning January 1, 1990 the site will be for use by citizens only. i. At it's option, the City may conduct a brush processing operation in conjunction with the yard waste composting site. If the City does so, it shall assume all obligations and liabilities in the preparation, construction, operation and maintenance of the brush processing operation. The brush processing operation shall not interfere with operation of the yard waste composting site. 2 4 5. j. The City shall submit compost site expenses as stated in Section 2. a.-c. to the County by December 1, 1990. The Citv and Countv further agree that: a. The site shall be open for no more than thirty-two ( 32 ) consecutive weeks in 1990 on dates to be determined by the parties. The hours of operation of the compost site will be as follows: Saturdays from 9:00 AM to 4:30 PM Sundays from 9:00 AM to 4:30 PM Mondays from 1:30 PM to 7:00 PM Wednesdays from 1:30 PM to 7:00 PM If the weather creates unsuitable conditions, the parties may agree to a change in the schedule. b. All composting/composted materials within or on the site are the sole property of the City. C. Upon the mutual written consent of the parties, this Agreement may be renewed for successive periods of one year upon the same terms and conditions in all respects as hereinafter set forth, and upon such other terms and conditions as they shall mutually agree in the manner set forth below, provided that any such other terms and conditions shall be in writing. d. It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supercedes all written and oral agreements and negotiations between the parties relating to the subject matter hereof. The City and County further agree that: a. The City may institute additional hours and shall pay any costs incurred for publicity, hiring a monitor and hauling away illegally dumped material for the period when additional hours are instituted. b. The City shall notify the County in writing if it seeks to institute additional hours at least 15 working days prior to implementing additional hours. 3 f C. The City will construct, turn and monitor the leaf and grass windrows at an increased frequency if necessitated by additional material deposited at the site as a result of additional hours. For such work the City shall pay all costs exceeding --- - - - - the $2,,400-.00-limit--a-s—stated- in--Secti-on--2-.--a_.____-_ All work shall be coordinated between the City and the Washington County Public Health Department. 6. The City and County further agree that; a. Both Parties will comply with all federal, state and local laws, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. b. All books, records, documents, and accounting procedures and practices of the City relevant to Section 2. a.-c, are subject to examination as provided in Minnesota Statutes Section 16B.06 subd. 4. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the County and the City have executed this Agreement as of the date first written above. CITY OF LAKE ELMO WASHINGTON COUNTY BY BY Chair, Washington County DATE Board of Commissioners DATE DATE BY Charles Swanson County Administrator SNIYNCN0h90, SN; BU RE - Recommended for action: BY Mary Luth, Director Public Health Department APPROVED AS TO FORM BY Asst. Washington County Attorney DAT 5 3e��NGTON`poG2 1 $ �1\�bnm.i die�ssa`. March 2, 1990 WASHINGT'ON COUNTY DEPARTMENT OF PUBLIC HEALTH GOVERNMENT CENTER 14900 61ST STREET NORTH, P.O. BOX 6 • STILLWATER, MINNESOTA 55082-0006 Offlce: 612f779.6445 Facsimile Machine: 6121779-5498 Ms. Mary Kueffner, Deputy Clerk Lake Elmo City Hall 3800 Laverne Ave. N. Lake Elmo, MN 55042 Dear Ms. Kueffner: Mary Luth Director WA 6 1990 Enclosed is the 1990 Memorandum of Agreement for Curbside Recycling Grant Distribution and copies of the revised Curbside Recycling Grant Guidelines and Semi -Annual Report form. The Report form was revised to include information required by the State under the SCORE legislation. Section 2, "The County's obligation": �) In Subsection a. of the 1990 Agreement, the County will pay the City or Town ten dollars per household, or ten dollars and fifty cents per household for curbside recycling programs operated by two or more Cities or Towns. The 1989 Agreement provided three dollars or three dollars and twenty-five cents per household. Please sign the Agreement and return it to me by March 23, 1990. A copy of the Agreement and your recycling grant funds will then be sent to you within a few weeks. In addition, please send a copy of the agreement with your curbside recycling contractor(s) and the current general liability insurance limits of your contractors. If you have any questions or comments, please give me a call at 779-5284. Sincerely, (2, C �� Thomas A. Haugen, R.S. Environmental Health Specialist TAH/djc Enclosures cc: Richard Zietlow, City of Pine Springs Sheila Davis, Grant Township Washington County does not discriminate on the basis of race, color, national origin, sex, religion, age or handicapped status in employment or the provision of services. «�l 1990 Memorandum of Agreement for Curbside Recycling Grant Distribution THIS AGREEMENT made and entered into as of this day of , 1990, by and between the County of Washington, hereinafter referred to as the "County", and the City of Lake Elmo, hereinafter referred to as the "City". WHEREAS, the County desires to encourage and support residential recycling to reduce the County's reliance on landfills, and WHEREAS, the Washington County Board of Commissioners has budgeted money for 1990 to be used to further develop recycling service in the County, and WHEREAS, the City of Lake Elmo. and the City of Pine Springs and the Township of Grant wish to conduct a joint .ourbside recycling collection program with the City of Lake Elmo coordinating the program. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. The term of the Agreement shall be from the date this Agreement is approved by the County Board to December 31, 1990. 2. The County's obligation: a. The County will pay the City an amount equal to ten dollars and fifty cents per household which shall equal $21,798.00 as determined using the Metropolitan Council's 1989 Population Estimates. b. The County will pay the City an amount equal to $13,587.00, which is the recycling grant allocation for the City of Pine Springs and the Township of Grant based on Metropolitan Council's 1989 Population Estimates. All grant funds received will be used to provide recycling services and public education as identified in Section 3.c. of this Agreement. c. Indemnify and hold the City harmless from any claims, suits, or damages arising out of any act or omission of the County, its officers, employees, or agents in the performance of the services provided for by this Agreement. 1 3. The City's obligation: a. The City shall enter into an agreement with the City of Pine Springs and the Township of Grant that the City of Lake Elmo is authorized to receive recycling grant funds from the City of Pine Springs and the Township of Grant. b. The City will sign a contract with a recycling contractor which specifies the responsibilities of each party and the rate of payment for curbside recycling services as provided by the contractor. c. The City will use all recycling grant money received in 1990 as a result of this Agreement for recycling services and public education related to recycling. d. The City will indemnify and hold the County and its officer's, employees, and agents harmless from any claims, suits or damages arising out of any act or omission of the City, its officers, agents, or volunteer workers in the performance of the services provided for by this Agreement. e. The City further agrees that the City will at all times during the term of this Agreement, have and keep in force a general liability insurance policy insuring the City at a level not less than the liability limits set forth in Minn. Stat. Section 466.04. f. The City will require in its contract with the Contractor that the Contractor will indemnify and hold the County and its officers, employees, and agents harmless from any claims, suits or damages arising out of any act or omission of the Contractor, its officers, agents or volunteer workers in the performance of the services provided for by this Agreement. g. The City further agrees that in the contract it will require the Contractor to at all times during the course of the Contract to have and keep in force a general liability policy insuring itself at a level not less than the liability limits set forth in Minn. Statute Section 466.04 and to provide the City and the County with photocopies of said policy. h. The City will prepare and submit semi-annual recycling reports to the County. The report covering the period from January 1 to June 30 shall be due by July 15, and the report covering the period from July 1 to December 31 shall be due by January 31 of the following year. The semi-annual reports will be made on a form provided by the County. 2 i. The City should organize a recycling committee which ( will assist in monitoring the curbside recycling program and provide direction on additional public education activities and other program needs. 4. The City and County further agree that: a. No money will be given to the City until the Washington County Public Health Department has approved the City's Curbside Recycling Work Plan and notified the City of its approval in writing. b. Upon the mutual written consent of the parties, this Agreement may be renewed for successive periods of one year upon the same terms and conditions in all respects as hereinafter set forth, and upon such other terms and conditions as they shall mutually agree in the manner set forth below, provided that any such other terms and conditions shall be in writing. Notice of desire to renew this Agreement shall be given by the party desiring such renewal to the other party, in writing, not less than sixty (60) days prior to the expiration term of this contract. c. it is understood and agreed that the entire agreement of the Parties .is contained herein and that this Agreement supercedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. d. All books, records, documents and accounting procedures and practices of the City relevant to this Agreement are subject to examination by the County, and the State Auditor, as appropriate, in accordance with the provisions of Minn. Stat. Section 16B.06 subd. 4. e. The Parties will comply with all federal, state and local laws, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. f. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the Parties. 3 IN WITNESS THEREOF, the County and City have executed this Agreement as of the date first written above. CITY OF LAKE ELMO WASHINGTON COUNTY BY BY Chair, Washington County DATE Board of Commissioners DATE 8W\BBBUS3_3 , SW:BU 4 BY Charles Swanson County Administrator Recommended for action: 111 Mary Luth, Director Public Health Department DATE APPROVED AS TO FORM BY Washington County Attorney DATE 1990 CURBSIDE RECYCLING GRANT GUIDELINES WASHINGTON COUNTY PUBLIC HEALTH DEPARTMENT 1. The curbside recycling program must be implemented during_ 1990. 2. Administrative expenses may be included if the expenses are. for the purpose of implementing a curbside recycling program. Administrative costs for these Guidelines include staff costs and legal costs only. 3. A Curbside Recycling work plan must be submitted and, approved by the Public Health Department. The work plan, submitted on a form provided by the Public Health_ Department, must include: a. The provider of the curbside service. b. A description of the service, including service area, number of households, frequency of pickup, days pickup. occurs. C. A description of public_ education methods and. materials; cost. d. Methods used to measure the quantities of collected. materials. e. A description of the system to be used to resolve complaints about service quality. f. Types of materials to be collected. g. Names of people on the recycling or solid waste advisory committee. 4. If recycling services will be provided by a contractor, a - written agreement must be executed between the city/town and the contractor. The agreement must require the contractor to provide verification on the types and amounts of materials recycled. This information must be provided to, the Public Health Department. 5. Curbside Recycling semi-annual reports shall be submitted to the Public Health Department. The reports shall be on a form provided by the Public Health Department. 1 6. If more than one unit of local government participates in. �. the implementation and operation of a curbside recycling program, the participating cities or towns will send the. designated lead city a letter of authorization indicating that the lead city will receive each participating city's. grant money from Washington County to pass on to the -— - - -- recycl-ing--contr-acto-r-.---- --- 7. Payment to cities and towns under the 1990 Washington County_ Curbside Recycling Grant Program will be based upon the April 1, 1989 Population Estimates made by the Metropolitan_ Council (publication no. 620-89-105). 8. Payments to cities/towns will be made on a first come first_ served basis until budgeted funds are exhausted. The Public Health Department reserves the right to select grantees. 9. Payments will be made to cities/towns applying alone up to $10.00 per household for recycling services for the year_ 1990. If two or more cities/towns send in a joint application the County will pay up to $10.50 per household, for the year 1990. 10. A recycling advisory committee should be formed. If a city_ or town has a solid waste advisory committee, that committee may also serve as the recycling advisory committee. 11. Cities and towns will be required to meet the residential ; recycling goals established by Washington County. A copy of_ the 1990 residential recycling goals is attached. Si\CS00.SY-E/9010 WASHINGTON COUNTY RECYCLING GRANT PROGRAM CURBSIDE RECYCLING SEMI-ANNUAL REPORT e � 4\- a� c� Rouse NOTE. Recycling programs operating within Washington County and funded by the Washington ;ounty Recycling Grant Program are required to submit semi-annual recycling reports on this Corm. Reports for the period from January 1 through June 30 are due by July 15. Reports for the period from July 1 through December 31 are due by January 31 of the following year. Reports should be sent to: Washington County Public Health Department, 14900 N. 61st St., P.O. Box 6, Stillwater, MN 55082-0006. 1) Reporting period: (circle) January 1 - June 30 July 1 - December 31 19 2) Unit of government Contact person_ 3) Recycling contractor Contact person 4) Frequency of collection: Weekly Phone number Phone number Twice monthly Monthly Other. 5) Provide total number of tons collected for each month. r Month Tons Collected 6) Materials collected during reporting period (in tons). Individual tonnage figures must be provided for each type of material collected. - Material Tons Material Glass Corrugated -Aluminum Plastic Steel beverage cans Household goods Tin food cans Other Newsprint Tons 7) Submit copies of weigh tickets, receipts, or other documents which provide verification that the materials were marketed. 8( rovide tonnage figures for materials collected by other community recycling programs such as churches, scout troops, or other volunteer groups. (Attach separate sheet.) 9) Provide participation rates for your program: Month Number of Stops - Households Served = Participation Rate 10 .0) Describe how participation rates were determined if different from the above. 11) List public education activities and the estimated number of persons impacted by each activity: (Please attach samples of written materials which were distributed.) Date Activity and Location # of People Impacted 12) Are recycling containers provided to residents? Yes No If yes: Type of container(s) provided Number of households which received containers 13) Describe your current or planned in-house recycling program. (According to State Legislation, all state and local government buildings and schools in the Twin Cities metropolitan area must collect and recycle at least three materials by 1991.) 14) Describe any problems encountered during the previous six months of operation: 15) Describe any special events/occasions or activities which increased to collected in the previous six months. 16) Budget Tntal,Budget for Calendar Year 90: January 1, 1990 -December 31, 1990 --$ Expenditures Administrative Costsl Contracted Services Capitol Costs (describe) Public Education Other (describe) Program Revenue City Funds County Funds Other (describe) Source of City Funds Utility Bill Property Tax General Revenue User Fee (Residents charged directly) Other (describe) TOTAL TOTAL TOTAL January 1-June 30 July 1-December 31 Iincludes staff costs and legal costs only. 2Direct program equipment costs such as recycling bins. 3includes mailings, copying, postage. Signature of person preparing this report: Date report completed: 1990 RESIDENTIAL RECYCLING GOAL S FOR C I T I E S AND TOWNSHIPS IN WA S H I N GT ON COUNTY BACKGROUND In November 1988 the Washington County Board of Commissioners approved the Washington County Recycling Implementation Strategy Plan. The plan contains very aggressive programs to ensure the development of permanent local recycling programs including residential and commercial recycling and yard waste programs. One of the major programs included local government responsibility for residential recycling and the establishment of residential source separation goals for local government. The residential goals section from the Recycling Implementation Strategy (RIS) is included. in Attachment 3. As is described in the goals section of the RIS, previous source separation goals contained in the County's Solid Waste Master Plan could be achieved through residential recycling, yard waste composting, and commercial/industrial recycling. Because of the difficulty in measuring new commercial/industrial recycling efforts, the growth in the solid waste generation rate of the County, and changes in yard waste programs, the source separation goals have been refined. In March 1988 the County Board adopted the new residential source separation recycling goals for cities and townships for 1989 of 5-10% of the residential waste stream and 10% for 1990. County level goals for yard waste and commercial/industrial recycling will be established later in 1989. The residential source separation goals were established based on a review of the composition of the solid waste stream and a review of other metropolitan county goals. They are included in Attachments 1 and 2. On March 10, 1989 a meeting was held with city and township staff to discuss the development and establishment of 1989 and 1990 residential recycling goals. Sixteen of the 32 cities and townships within the County were represented. They suggested that there should be more flexibility on the types of materials that can be collected and counted towards meeting the goal, but that the performance levels were acceptable. That change has been incorporated. In 1988 'Washington County communities recycled 1,887 tons from the residential waste stream. This included some materials that would not count toward the proposed goal. The 1988 level was about 3% of the residential waste stream. The proposed goals of 5-10% for 1989 and 10% for 1990 are aggressive, but achievable, as new programs develop. 1 1990 WASHINGTON COUNTY RESIDENTIAL SOURCE SEPARATION GOALS' -------- --- - --- ------ - - ------ PROJEICTEIY------i990-------- RESIDENTIAL RES. 1989 WASTE 10% CITIES/TOW'NSHIPS POPUL.1 GENERATIONZ GOALS TONS TONS Afton 2,675 1,279 128 Bayport 1,7764 849 85 Baytown Twp. 913 436 44 Birchwood 1,049 502 50 Cottage Grove 21,800 10,424 1,042 Dellwood 815 390 39 Denmark Twp. 1,288 616 62 , Forest Lake 5,430 2,596 260 Forest Lake Twp. 6,160 2,945 294 Grant Twp. 3,680 1,760 176 Grey Cloud Twp. 339 . 162 16 Hugo 4,250 2,032 203 Lake Elmo 6,189 2,959 296 m Lake St. Croix Beach 1,179 564 56 Lakeland 2,109 1,008 101 Lakeland Shores 188 90 9 Landfall 635 304 30 Mahtomedi 4,650 2,224 222 Marine on St. Croix 552 264 26 May Twp. 2,430 1,162 116 9 5 Beginning in 1990, in addition to achieving a 10% residential recycling goal, each city and township must also provide 2-4 activities or programs which would increase the amount of abatement. The activities could include: I. Providing recycling bins; 2. Providing a number of city-wide public educational efforts, including: brochures, lawn signs, poster cards, sticker reminders, lotteries, billboards, etc. 3. Mandatory source separation program. 4 To: Mary Kueffner, Acting City Administrator ATTACHIIE14T From: T. R. Williams, Councilman Subject: Comments For Council Meeting, March 20, 1990 Date: March 17, 1990 Included are my comments on the various items to be considered at the next Council meeting. I would appreciate these comments being read into the record at the appropriate times. Minutes: There are several typos, which I will not identify. p.2, 7A., fourth paragraph: "Rohrer explained there is almost no limitation on the amount of sewage that might be generated by a commercial establishment. 'hereforg, the method of evaluating whether there is area s�affJci.ent fojz the required a_-e tic aystem is slightly different." sixth paragraph: "delineated" should be spelled correctly. sixth line: 91... soils within that one acre delineation are classified as hayLng 1pw to om dernte �Lit�i.tat:ions for septic purposes." Next sentence: "The well would have to be at least. 50 feet away from that one acre delineation, because the owner would have the flexibility to locate his first system any place in that one acre. If it is a 1 1/2 acre lot, the well would have to be on the other half acre...." p.3, second paragraph, third line: 1°F-Qr A, RR, LZ�1., R-2-2, and lE z ning st icts, all newly...." sixth line: A1... less than 0.491 seventh line: should read: "For GB, HB or CB zoning Districts, a 1 gWly p. 3, 7C. Request from ReComp, third paragraph, second line: "I don't want this gait_ to be ... lots of problems in Lake Elmo because we were PDgg the dumping ground for Ramsey C®n_njy.A1 p. 6, add to bottom of first paragraph: "OT114�� Qquncil was unwilli to be ynvoLvr-.ci in any arrangement to do work on the tarivatei_oxeci Brookfield II_par ii.n to .11 second paragraph, fourth line: 11... consensus was that, when the city hall parking lot is sealcoated, they would pay half of the sealcoating cost of the access road between City Hall and Lavgx e venu .11 p. 6, D., first paragraph, sixth line: 81... asked if our city engineer could be involved .... 11 third paragraph.: "The Council directed Mary Kueffner to contact Mary Luth with the proposal ttbgt TKDA be hired by the Counties to prepare Plana end supervis. thcocf t�eerateT s ste . v1 p. 7, 9C. second line: 1°... the PF Ordinance to allow rezoning for -QnjY a specific use. Williams indicated....11 10. first paragraph, fourth line: 11... to discuss the city's performance review process and finding a new city administrator." AGENDA ITEMS: 5A. What are the sewer rates in Oakdale, Woodbury, and Stillwater? Are our rates really much, if any, higher? In general, I am in favor of keeping the 201 systems on a self-supporting basis. If we review the rates every year, we can decrease them in the future if the fund balance increases to a healthy level. 5B. I agree with Bohrer's recommendation. 5C. Apparently, MnDOT feels this road is so heavily used that extra wide shoulders are required. This should put to rest any criticisms that this road is being improved merely for the benefit of a couple of landowners. Obviously, the road is used by many vehicles not connected with the abutting landowners. I favor using 6 foot wide shoulders and raise the assessments if necessary. 6A. Comments on Mike Black's draft of "Implementation Section" (See attached page) Comments on Future Land Use Map. The northwest quarter of Section 16 should be RRD, because it will be next to dense development in Oakdale. For the area north of Goose Lake: are we sending a wrong message by allowing relatively dense development so close to the proposed landfill in the Park? For the area west of Goose Lake: does the existing western RRD boundary include all the land once owned by Heritage Dev? Does it matter? Comments about "average lot density" for the RRD areas: As a compromise, I propose allowing 5 lots per 20 acres, with a minimum buildable lot size (exclusive of roads, easements, water, etc.) of 2.5 acres and a maximum size of 5 acres. A minimum development size of 20 acres would be required. 9B. I favor allowing only Lake Elmo -based non-profit groups to set up in the Park. 9D. While the new contract looks OK, are the additional monies sufficient to pay the extra monitor time and City staff time to turn the piles, fill out report forms, etc.? To: Mayor, Council, and Staff From: T. R. Williams, Councilman Date: March 17, 1990 Subject: Comments about proposed "Implementation" section for the Comprehensive Plan from Mike Black, dated March 12, 1990 In general, this proposed text is very good and incorporates all the items and much of the wording in the previous draft. A few specific suggested changes follow: IV.A.4. last sentence: 11... listed in the ordinance with reference to ....°t IV.B. second paragraph, end of first sentence: add "of this Comprehensive Plan. IV.C. second sentence: delete 1°to put their land to its highest and best use and to protect each owners right" IV.D.1. sixth line: "Connection to the....t° p. 50, second line: 11... establishes a fee for the ....P° IV.D.2. next to last line: 11... requirements for permits to install....11 IV.F. fourth line: 11... it should be evaluated for .... 11 To: Mayor and City Council From: T. R. Williams Subject: CIP Committee Recommendation on New Dump Truck Date: March 12, 1990 - on March 12, 1990, Mayor Dunn and I met with Dan Olinger, the Public Works Supervisor. The subject of our meeting was discussion about whether or not the Council should award a bid for a new dump truck. Below are a number of conclusions we came to regarding this purchase.and other capital purchases planned for Lake Elmo in the future. 1. Because our citizens rely on the proper functioning of all City equipment, especially in the winter, it is proper to replace old equipment on a regular basis. In this way the City can have a high level of confidence that its equipment will be available when needed. 2. For at least the last three years, Lake Elmo has had a formal capital improvement program or plan (CIP) to plan for the replacement of major equipment. This CIP now includes virtually all the hardware items owned by the City: trucks, plows, mowers, office equipment, etc. Prior to 1986, items were assigned replacement periods, but no formal, considered replacement schedule was in place. 3. The current CIP includes the philosophy of spacing out purchases of major mechanical equipment, especially for the Fire Department and for the Public Works Department, so that there are not years in which much money is spent, followed by years in which no money is spent. The goal is to have an even level of expenditure over the years. With the number of items owned by the City, this goal can only be met approximately. Once such a CIP is in place, changing the schedule on a major item can seriously disrupt the desired even level of purchases. The problem is that each item is on its own depreciation schedule, independent of any other item. 4. The subject truck was ordered at the end of 1982, but it is a 1983 model. It has over 30,000 miles on it, mostly snow -plowing miles. Repairs for 1989 were just over $5000. Expected repairs to make the truck worthy of another year are about $2500, none of which is in the budget. A delay of one year will reduce trade-in value by.$2500-$5000. Unplanned but very possible major repairs include engine and transmission rebuilding for $5000-$14000. The cab and box are beginning to show rust and should be repainted if we keep it for another year. The truck has been on a seven year replacement schedule since its purchase. 5. The low bid provides for replacement of a seven-year old $52000 unit ($45000 original truck and $7000 added equipment) with a functionally equivalent brand new $60000 unit for $38000 plus a $22000 trade-in. The consensus of the CIP Committee was to recommend that the City Council proceed to award the bid to the low bidders for the truck and the plow package.