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HomeMy WebLinkAbout04-03-90 CCMDATE APPROVED: .4/17/90 DATE ISSUED: 4/27/90 LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 EXECUTIVE. SESSION: Mayor Dunn called the Executive Session to order at 6:15 p.m. in the City Council Chambers. Present: Dunn, Hunt, Williams, Graves, Armstrong, Attorney Steve Carlson and Administrator Mary Kueffner. The Council discussed pending litigation for possible settlement and direction for the City Attorney. M/S/P Williams/Graves - to adjourn the Executive Session at 7:10 p.m. (Motion carried 5-0). Mayor Dunn called the City Council meeting to order at 7:15 p.m. in the City Council Chambers. Present: Dunn, Hunt, Williams, Graves, Armstrong, City Engineer Larry Bohrer, Attorney Steve Carlson and Administrator Mary Kueffner. 1. AGENDA Add: 3A. Public Inquiries M/S/P Graves/Hunt - to approve the April. 3, 1990 City Council agenda as amended. (Motion carried 5-0). 2. MINUTES: February 26, 1990 M/S/P Hunt/Armstrong •- to approve the February 26, 1990 Planning Commission/City Council Joint Meeting minutes as amended. (Motion carried 5-0). MINUTES: March 20, 1990 M/S/P Graves/Hunt - to approve the March 20, 1990 City Council minutes as ammended. (Motion carried 4-0-1: Abstain: Williams). 3. CLAIMS M/S/P Graves/Hunt - to approve the April 3, 1990 Claims #93102 thru #93153 as presented. (Motion carried 5-0). A. PUBLIC INQUIRIES: Mike Mazzara, 11259 30th Street N, asked for a brief explanation on what the Executive Session was about. Mayor Dunn responded the Council was discussing pending litigation and possible proposals for settlement. LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 PAGE 2 What is the status of Section 32 between Lake Elmo and Oakdale? Councilman Bunt explained the cities have some proposals, which includes what each side claims they have to have, and placed in a document. The major accomplishment they are attempting to do is setting up an agreement where no land could ever transfer, in the future, between Oakdale and Lake Elmo without the consent of. both Councils. There are some significant legal questions as to whether or not we can do this. 4. REAPP REPORT: Todd Williams reminded the Council of the update meeting with DPRA and REAPP scheduled for April loth at 5:00 p.m. At his request, Finance Director, Marilyn Banister, totaled up the expenses for the landfill through the end of 1989. Copies were handed out to each Council member. 5. CITY ENGINEER'S REPORT: A. 201 Users Fee (Continuation) Action was continued until the April 3, 1990 meeting so that the staff could get clarification on the audit charge and poll neighboring communities regarding sewer rates. M/S/P Hunt/Armstrong - to bring back 201 Users Fee for Council consideration. (Motion carried 5-0). 1. Audit Charge: The Council received a copy of the total audit fee, $800, allocated to the 201 Sewer Fund.(See Attachment A.) Bohrer explained this was the auditor's estimate of the time expended auditing that account. The Council can decide whether all, part, or none of this $800 should be charged against the Sewer Fund. Any part of the $800 not charged against the Sewer Fund would have to be ,paid from general funds. 2. Comparison of Sewer Rates: Bohrer contacted neighboring communities and other 201 communities to determine a comparison of sewer rates. These findings are found in Attachment B. Bohrer indicated a comparison of the proposed Lake Elmo rates to the previous example cities shows that Lake Elmo would be the cheapest of the 201 communities and about in the middle of the sewered communities polled. All of the sewered communities polled have a much larger population served than Lake Elmo. Bohrer felt his recommendation for $180 per year was reasonable when you look at what other communities pay for similar systems for sewage treatment. LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 PAGE 3 Kelly Brockman, 3385 Lake Elmo Avenue, indicated when you are ' comparing sewer rates with areas that are sewered, there are several, expenses that are not included in those figures. There is the pumping charge to have their tanks pumped and the possibility of replacing their pumping station. Mr. Brockman will receive a copy of Larry Bohrer's letter of March 30, 1.990. Mayor Dunn noted the Council received a letter from Michael Severin, 8012. 50th St. N., requesting the City take a good .look at the fairness of the current user fee for people on off -site systems like his. A Council member suggested a letter be written to M. Severin and P. Scovill clarifying what the city's obligations are and why they are being charged this fee. Councilman Williams explained he felt the rates are reasonable in light of our documented expenses, the rates would be reviewed every year and be lowered if the fund shows a positive balance of appropriate size. Mayor Dunn indicated consideration should be givento the people with the lesser water usage. Councilman Graves stated he understood and totally supported the need for the fund to be self-sustaining. His concern was trying to make a cost projection line with only two data points and causing a 50% increase in annual charges. Therefore, he would not be in favor of endorsing the proposed charges. He would like to keep the current user rate structure because this was based on Bohrer's engineering expertise. If there is unusual expenses, the General Fund can pay for them, but he did riot want the General Fund to have to subsidize it on a continuous basis. If after three years you see that the initial assumptions were erroneous, then the council can make the corrections. Councilman Hunt indicated they are only talking about an additional $15 a quarter, but understood for someone on a fixed income this can be alot of money. Hunt added, the Council has an obligation to the City to maintain a proper balance for replacement fund. He would support the current rate structure given by he City Engineer because he is using his expertise to make that suggestion. Councilwoman Armstrong pointed out that even though the first year was unusual, one repair could significantly affect the fund. For that reason, she would like to see this stabilized before cutting back. M/S/P Williams/Hunt - to approve the 1990 rate structure increase for 201 systems from $120 per year to $180 per year for each ERU, except the two individual off -site systems which require minimal maintenance, as recommended by Larry Bohrer in his letter of March 15, 1.990. (Motion carried 3-2: Dunn: She would like to give more consideration to the people with the lesser water usage and to make sure this is revisited next year to see about other adjustments; Graves: For the reasons he already stated). LAKE ELMO CITY COUNCIL MINUTES B. 15th Street Update At the last meeting, Larry Bohrer shoulder width in accordance with requirements and postpone the bid necessary plan changes. APRIL 3, 1990 PAGE 4 was authorized to revise the road the District State Aid Engineer's opening two weeks to make the Bohrer reported in his letter to the Council, dated March 30, 1990, that based on the traffic counts taken last fall (750) and the traffic counts taken this spring (600) the District State Aid Engineer will require 8 feet wide shoulders. This width can be accommodated without any additional permanent right-of-way, although some additional temporary easements will be necessary during construction. Bohrer has revised the plans in accordance with the State Aid Engineer's requirements and have issued the revised plans to the bidders. C. SW-1 Update On March 22, a meeting was held with the Washington and Ramsey County representatives regarding the Conceptual Design Public Water Supply for SW-1 dated February, 1990. City Engineer, Larry Bohrer, reviewed this report and prepared a list of pertinent issues which were stated in his letter dated March 30, 1990. Bohrer indicated the major issues to be addressed is adequate system design and Operating and Maintenance Cost. D. Set Dates for Street Improvement Hearings The Council previously authorized TKDA to proceed with feasibility studies for the following street improvements projects: 1. Lampert Avenue Bituminous Overlay M/S/P Hunt/Graves - to adopt Resolution 90-16, A Resolution Receiving Report and Calling a Public Bearing for the Full Overlay of Lampert Avenue for May 1, 1990. (Motion carried 5-0). 2. Legion Avenue within Eden Park -Bituminous Overlay M/S/P Graves/Hunt - to adopt Resolution 90-15, A Resolution Receiving Report and Calling a Public Hearing for the Full Overlay of Legion Avenue (Within Eden Park Addition) for May 1, 1990. (Motion carried 5-0). 3. 33rd Street and Laverne Avenue-MSA Street & Drainage Improvements M/S/P Graves/Williams - to adopt Resolution 90-17, A Resolution Receiving Report and Calling a Public Hearing for the Reconstruction of Laverne Avenue and Upper 33rd Street for May 1, 1990. (Motion carried 5-0). 6. PLANNING/LAND USE/ZONING: LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 PAGE 5 A. Comprehensive Plan The question was raised as to the proposed Future Land Use in the well advisory area because this could have a dramatic effect on the size and design of the proposed water system. The unplatted property in the Well Advisory Area is currently zoned low density on the future land use map because of the contamination (with the exception of the current R-1 zoned area). Councilman Williams didn't feel it was financially feasible to have 10 acre lots because the homes would be required to hook up to the water system. Therefore, he would support designating this area as RRD (3 per 10) after the water system has been in place. The Council concurred it was not economically feasible to keep this area RAD; therefore, they would revise the zoning to RRD. It was noted the county's proposed boundary for the public water system area does not coincide with the existing well advisory area. M/S/P Williams/Graves - to revise the Future Land Map, for the purpose of the Public Hearing, to designate the Well Advisory Area as RRD (3 per 10) after public water is available. (Motion carried 5-0). The Council asked Larry Bohrer to have a counterproposal to the design parameters that were put forth in the County's report using average lot density of 3 per 10, verify the design and make an analysis of the O&M costs on the 3 per 10 basis by Thursday. This information will be evaluated at the April 5th meeting. In regard to the Comp Plan, Admin. Kueffner asked if the Council would consider extending the Highway Business Zone 1/2 mile, instead of 1/4 mile, at the major interchanges along I-94 to compensate the property owner for loss of property. M/S/P Hunt/Graves - to schedule a Special City Council meeting for April loth, 6:30 p.m., to discuss the Comp Plan providing the Planner, Mike Black will be available and notify the Planning Commission of this meeting. (Motion carried 5-0). The Council asked Mr. Black to incorporate the Council members' revisions to the Comp Plan. LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 PAGE 6 7. CITY COUNCIL REPORTS: Councilman Hunt reported Oakdale and Lake Elmo have a proposal, incorporating what each city must have. Oakdale's position is they must have ownership of all of Section 32 within the MUSA. Lake Elmo's position is there must be an agreement that will allow no annexation to ever occur in the future between the cities without the approval of both Council's. Lake Elmo has made a position they have to be reimbursed for all engineering and legal expenses, potentially $50,000, for any land that might transfer. For trade of Section 32, Oakdale has offered future financial consideration of current estimates of $250,000-$400,000 over a period of time that takes the land to be developed. There is approx. $91,000 of outstanding assessments which would come to Lake Elmo at that time. In terms of buffering, Wyn John, Planning Commission Member, has looked at some of the bufferng requirements which appear to be significant enough to protect Lake Elmo. It also appears that Oakdale's land uses are compatible along our borders in their Future Land Use Map. Hunt asked if there is any give from some of the Councilmembers from their past position in terms of the ability to transfer any land. Councilman Graves gave the following reasons for his position: Lake Elmo can develop long-term benefit from developing that land. I don't feel the development plan, one of high density, that Oakdale would use would necessarily be consistent with the type of land use we would like to see. Oakdale has demonstrated repeatedly their intention not to follow the One Percent.Rule. They would fill in the undevelopa.ble swamp land and build on it. Based on the Attorney's input, I. feel we would end up in court, again, with this "no annexation" petition. OTHER: - The City Council will each receive a copy of the Ci 8. CITY ATTORNEY'S REPORT: Repeal of R-1 Zoning: Councilman Williams explained his intent in asking to bring the zoning ordinance into compliance with that there will be no more R-1 Zoning. This would R-1 land as an established recognized zone, but ste no more R-1 Zoning in the future. M/S/P Williams/Armstrong - to direct the city staff Resolution to amend the Zoning Ordinance to reflect will be no more R-1 rezoning after the amendment i; carried 5-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 PAGE 7 9. CITY ADMINISTRATOR'S REPORT: i A. Update on Container Distribution Mary Kueffner reported the date for the Recycling Container Distribution Kick -Off has been changed to Tuesday, April 17, 1.990, at 1:30 in the Regional Park. Governor Perpich, Rep. McPherson and Commissioner Larkin will be present for the program. Gary Carlson is co-ordinating the recycling bin distribution. B. Administrator's Contract The council reviewed the Administrator's contract and asked the Personnel Committee to clarify items under TERM; such as, If there is a hearing, "Just Cause" needs to be defined, if there is termination without a hearing, set a severance amount (Proposal was made for severance of one week's salary per year of city service up to a maximum of 26 weeks aggregate salary.) The Personnel Committee will report back to the Council with their recommendation. SALARY: The Council supported increasing the administrator's annual salary from $32,000 to $33,500 which includes payment of overtime hours for meeting attendance. M/S/P Hunt/Armstrong - to adjust the administrator's annual salary from $32,000 to $33,500 per year effective as of January 1, 1990. (Motion carried 5-0). CAR ALLOWANCE: The Council changed the car allowance of $100 per month to the following: M/S/P Williams/Graves - the administrator will be paid a travel reimbursement of 25.5 cents per mile to compensate her for all city driving on city business. (Motion carried 5-0). C. Earth Day Resolution The City received a letter from Hubert H. Humphrey, I1, Attorney General, regarding Minnesota Earth Day 1990 and a suggested resolution. The Council viewed the resolution favorably; therefore, made the following motion: M/S/P Graves/Hunt - to adopt Resolution 90-14 designating and proclaiming April 22, 1990 as Earth Day 1990 in the City of Lake Elmo. (Motion carried 5-0). D. Joint Council/Parks Meeting The City Council and Parks Commission will hold a joint meeting on April 16th at 7:00 p.m. One of the topics of discussion will be the walkway easement for DeMontreville Park. The Council received the City Attorney's opinion and information regarding this easement. If the Council has any questions, they are to get them to the staff prior to the meeting. LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 PAGE 8 E. Board of Review Schedule The Board of Review is scheduled for Wednesday, April 11, 1.990 from 3:00 to 6:00 p.m. at City Hall. The Council made up the following work schedule: Susan Dunn: 3:00 to 6:00 p.m. Rose Armstrong: 3:00 to 6:00 p.m. Chuck Graves: 4:30 to 6:00 p.m. Lee Hunt: 3:00 to 6:00 p.m. Todd Williams: 3:00 to ? (Possible conflict with son's teacher conference) M/S/P Williams/Hunt - to adjourn the City Council meeting at 11:05 p.m. (Motion carried 5-0). ---------------- RESOLUTION NO. 90-14 Proclaiming April 22, I.990 as Earth Day RESOLUTION NO. 90-15 A Resolution Receiving Report and Calling a Public Hearing for the Full Overlay of Legion Avenue (within Eden Park Add'n) for May 1, 1990. RESOLUTION NO. 90-16 A Resolution Receiving Report and Calling a Public Hearing for the Full Overlay of Lampert Avenue for May 1, 1990. RESOLUTION NO. 90-17 A Resolution Receiving Report and Calling a Public Hearing for the Reconstruction of Laverne Avenue and Upper 33rd Street for May 1, 1990. 1AR30 190 14;33 T K D R & ASSOC., INC. ATTACIUIENT B TOLTZ.KING,DUVALL.R - AND ASSOCIATES. INCORPORATED 23MAMERroANNAnoNALBANK BUwING iS ARCHITECTS PLANNERS SAINT PAUL. MINNEBOTA 551a1 412M2 4400 FAXetar10 -W63 March 30, 1990 Honorable Mayor and City Council Lake Ehno, Minnesota Re: Public Hearing 1990 Rate Structure for 201 Systems Lake Elmo, Minnesota Commission No. 9150-000 Dear Mayor and Council: Post•It"brand fax transmittal memo 7671 x of pages . r From/ Co. ' J Dept. Phone p Fax B Fax M The public hearing of March 20, 1990 was continued to April 3, 1990 in order to receive clarification on the audit charge and to poll neighboring communities regarding sewer rates. Audit Charge: Attached is the note from the City Auditors recommending that $800 of the total audit fee be allocated to the 201 Sewer Fund. This is the auditor's estimate of the tune expended auditing that account. If a senior auditor's time is billed at $50/Hr., this charge represents 16 hours of time auditing and reporting on the account. The City Council can decide whether all, part, or none of this $800 should be charged against the Sewer Fund. Any part of the $800 not charged.against the Sewer Fund would have to be paid from general funds. 2. Comparison of Sewer Rates• I have contacted neighboring communities acid other 201 communities to determine a comparison of sewer rates. The following are my findings and are atnmal rates per residential unit. a) Washington County 201 - 1st Year $365 2nd Year Afton $721 May $263 Scandia $322 The County hired at least one new employee and they do a substantial amount of groundwater monitoring. b) Independence 201 - Cluster System W/O Pump Station $188 Cluster System W/Pump Station $288 c) Greenfield 201 --- (1) Mahtomedi Sewer - Unmetered Minimum $212 Metered Average $208 MAR onorable Mayor and City CouncSOC. INC. March 30, 1990 Page 2 e) Oakdale Sewer - f) Woodbury Sewer - f) Stillwater Sewer - h) St. Paul Park Sewer Minimum $126 Average $252 Residential Flat Rate . $137 Minimum $156 If Unmetered Family of 2 $198 Family of 3 $240 Family of 4 $282 Family of 5 $324 Minimum $84 Average h P. 2 Based on last years expenditures and to build a positive fund balance, we had recommended the following rate structure: Annual Establishment, #ERU Qnarge Residence - individual off -site 1 $120.00 Residence - collector off -site 1 $180.00 Duplex 2 $360.00 Beauty Shop 1 $180.00 Main Street Shop 1 $180.00 Lake Elmo Ian 8 $1,440.00 A comparison of the proposed Lake Elmo rates to the previous example cities shows that Lake Ehno would be the cheapest of the 201 communities and about in the middle of the sewered conunuaities polled. All of the sewered communities polled have a much larger population served than Lake Elmo. Sincerely, Larry D. Bolger, P.E. LDB/mha 0.j .. :if a : n '1•- f - ♦. iiw 61.rs 3jfk ��af i1}+3 Crt: •'.ice xl' a ,. >t�'Stf ?:r ¢ '.%�l..f...e rt , IrAjl G37'Y e 0 Y •� IO O 00000 O O O 00000 O U I O 0 0 0 0 0 Q\ N -- O 00000 C� ,D 0 O l- lh h O W d- e H Y F 0 lZI b N b..'NH�aoNO .,,0 Pz ❑U'd OQI U I'+N F+N � N � a� �+ �n � o. .� • rJ RI 00 O i� V� V' V] •� A cNd cd H .0 a� a p N N u C b) • via .yAKE ELMO CITY COUNCIL MINUTES APRIL 3, 1990 PAGE 7 CAR ALLOWANCE: The Council changed the car allowance of $100 per month to the following: M/S/P Williams/Graves - the administrator will be paid a travel reimbursement of 25.5 cents per mile to compensate her for all city driving on city business. (Motion carried 5-0). C. Earth Day Resolution The City received a letter from Hubert H. Humphrey, II, Attorney General, regarding Minnesota Earth Day 1990 and a suggested resolution. The Council viewed the resolution favorably; therefore, made the following motion: M/S/P Graves/Hunt - to adopt Resolution 90-14 designating and proclaiming April_22, 1990 as Earth Day 1990 in the City of Lake Elmo. (Motion carried 5-0). D. Joint Council/Parks Meeting The City Council and Parks Commission will hold a joint meeting on April 16th at 7:00 p.m. One of the topics of discussion will be the walkway easement for DeMontreville Park. The Council received the City Attorney's opinion and information regarding this easement. If the Council has any questions, they are to get them to the staff prior to the meeting. E. Board of Review Schedule The Board of Review is scheduled for Wednesday, April 11, 1990 from 3:00 to 6:00 p.m. at City Hall. The Council made up the following work schedule: Susan Dunn: 3:00 to 6:00 p.m. Rose Armstrong: 3:00 to 6:00 p.m. Chuck Graves: 4:30 to 6:00 p.m. Lee Hunt: 3:00 to 6:00 p.m. Todd Williams: 3:00 to 7 (Possible conflict with teacher's 15W conference) M/S/P Williams/Hunt - to adjourn the City Council meeting at 11:05 p.m. (Motion carried 5-0). RALIENHORST CARLSON & KNAAK ATTORNEYS AT LAW ' ROSEDALE CORPORATE PLAZA 2665 LONG LAKE ROAD ROSEVILLE, MINNESOTA 55113 SARAH E. ARENDT KATHLEEN K. RAUENHORST ,. FREDERIC W. KNAAK _ MELISSA A MILLER - - - STEVEN P. CARLSON March 1, 1990 Mary Kueffner Acting Lake Elmo City Administrator 3800 Laverne Avenue Lake Elmo, Minnesota 55042 Re: DeMontreville Easement Dear Mary: V/,3/?& AIAR . 2 1990 TELEPHONE: (612) 631.1060 FAX: (612)631.1531 I reviewed your facsimile transmition of February 28, 1990 in which you address the issue of change in the conditions of the walkway easement through Lot 14, Block 3 DeMontreville Highlands 4th Addition. By virtue of the original quit claim deed, this is an express grant of easement in favor of the City. As a rule of law, when an easement is by express grant, its extent depends entirely on the construction of the terms of the grant. Only when ambiguities exist, may the circumstances surrounding the grant be considered by the courts. As the language of the grant becomes less precise, the circumstances of the grant grow in importance as an interpretive aid. The law, however, requires that a grant of an easement is to be strictly construed. It is apparent that there are no ambiguities in the grant of this particular easement. The easement is specific as to its extent and its purpose. The easement in question is also specific as to the type or nature of improvements that are allowed on the easement. Generally when an easement has once become fixed, there can be no material alteration except by an agreement by the owners of the dominant and the servient tenets. In this case the servient tenet is the current landowner of Lot 14, Block 3 DeMontreville Highlands 4th Addition and the dominant owner is the City of Lake Elmo. Therefore any "material alteration" of the easement must be bet— ween the agreement of these two parties. However, the question then arises as to whether or not the paving of a presumed gravel walkway path is a material alteration. The 1956 case of Thomas v. Mrkonich 247 MN 481, 78 N.W.2nd 386 (1956) held that the right to make an alteration in easement is dependent on the extent of the proposed change. If a change is not so substantial as to result in the creation or substitution of a new and different servitude, it will not be held objectionable. It is my opinion that to pave what is intended as a gravel — topped walkway path would not be a substantial change which would create a new or different servitude. Mary Kueffner March 1, 1990 Page — Two However, the City must also consider the cost of the -dispute with the landowner and also take into account the cost of defending its actions even where it strongly appears that the City would utimately prevail. If I can be of any further assistance, please feel free to call. Sincerely, RAUENHAST CARLSON & KNAAK StWen'P. Carlson SPC:mem ..Ca I.I. (:I:^' ^' . u.: - ...... .. VC:rU11LUlt1OLC, - "' efl„frr•l , Minnesota Washington Sinir of a statutory Tlrc«y City of LaXc...Elmo y uj Ihr: fll✓part, «red _The.. ... r city --.-- r Minnesota _ . pot Hy of Tlr .rrn«d jarrl, 7,7toC•7Cb3t-"utnrTrr if,M1 Ian's «f Urn St it'. of..go of -Nit ii1(11ICSti[11), Theff. (hn writ'/ P «ri..}(..--. 0% ilrn Ji rxl larr•l. i« rn«sidrr•r-tio+r 'if NjrN T.l$ Ullc Uollar.nnd_otller good and_valuable._considcration !,. her " i« hnn,l Pn" 91r r.Shc, rand /:orty �urrryYrn!«ifLr. mridrlrrrrlgtrIf,l6r xrrrnnL /left',. rn•kit,nrlrrl_•d, def es. Lrrrbif (lrrt,rf, !hu'_ .. rf+ wur•r•rsaefrs tint'/ na.+idna, P'orercr, till, iht. trnca _ or prtrraT rrf i•,«rT rlfirra� rnul Gri«� irc t6r (Inure i. „j Washington - __urea X(,tic of .lrrn ncanl«, tTrarri LrrL «+ fnRo{ca, to-tt•il: The. right,'Privilege and easement rantce ona walkway parcel hereinafter to be caclstructed by q of land described as follows: The Westerly eight (13) feet of Lo.t fourteen (14)r Block three (3) DEialTthereof onGfil and Of record according to the p Recorder, Washington in thc: office.of the County _ Count} r .Minnesota. This easement is granted on the condition that grantee construct and maintain a split -rail fence on bath sides and the full length of said easemeahand wifhngravelleitsofull Lon the City improve the walkway P length. . '(Lp 31)aUC Al.la iU T OIU lI)C �QnrP, Tolclltrr toitlr. till. thr. lrrr•rdii«nl Plit relit'" «trrrrrirnr nn•lr n fltr. arrnrul rrn•i, its sp rrrsxnr•� eronica._M.: Crombie,._.an..-unremarried.^.—._• ^- F1ef n•rrlrfn rrrrn«,ji„d, or tit ««l,trisr: «eru•1.«i ca.- iu C- mtirl 1 ✓ . ac,i; nx. l�or•,•rrr, .Ind the suit....-SI-...........___...._ ._ .....__.._._. widow,_ ...... ---.- - J,vir•s, r.trrrrfmx ond'she ris,nhn.*, (In y )' (!rr firs! Ivtri, for herself r.-.her.._ „ru,nul tr•ifh flirt s,rirl jr,n•f ij of ilta.arond P,u•1, ils su rresu,s rr Its& ,,+'rue/. riC6/ !o vil. and rnnrrrl '-..•„1 its fir• of Ilrr Idud,c tinrl rrr«t,' ' «f«rrsnid, rtn'�rCa rmu «ll inrru«Lr<un•rs, nnnnr itsrrnrl furrrl rt JS«•rsnid,«real• first I U{e seure tiro f' uirl «„rf Ievrrr,fltr• I".13rarim !fie „l.�rr lwrr•_•rinrd rnul .L+r'nutrr! /rend+ ruin Irrrurixre, in fhr H (Jrn Yefid lr, ,rein..<l. n(! prr:euu.•r luu•fn(r(j rluiu,lrrr rn• I ( nu$ Ihrrrof, $ubjrrl to inr{nnirrrutcrs, tf rtnr,, ltrr•rinj,rfw.r; fill) trill �, 1 lo,rht n f fill srrnnd p,u•f, {Ie �11«'L'CY.Y,Ir'S fr7111 rrddr!rrrS, rlJ i l,• .rh„It' nr efnif f „i' !h,• jiml IR4, Will 11'nm«al rtnri Dr fcnd. . i y, , ,� a•VA . zc;,� 01 °'tea \ .��•45 '. i � \ ', 92;•, ''/y •'\ ' . �� icy' � '\ o� sjo roo \ NVIo M • f \ I i - � 'pia •V i I 9�p Y�`i F, E •'` �'` .Yr Z I ♦ �C. N 1 1 _ OOHS 61 � PO Si Z � (y•: " 0. 3.Ii,19°oU 11 'U p 't \O Io 6o,Q� ••-." •S O „♦ \� wi O.L• •,\ y � 1 �3 7 TOLKING, , ANDERSON rLAND ASSOCIATES. INCORPORAdTE D ENa„NEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 !12/M-4400 FAX 612=2.OM 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: On March 6, 1990, the Lake Ehno 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 Elmo's comments: 1. Lake Elmo finds there is no environmental impact on Lake Elmo from the proposed unproved access to I-494. 2. Lake Elmo finds there is a negative economic impact on Lake Ehno because Federal, State and County monies are proposed to be used on the improvements which will provide a benefit only to Woodbury. 3. 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. H Woodbury wishes to continue to show this extension on its planning documents, a better location may be farther to the east. Your proposed alignment lines up 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 Ehno is also within this District. In 1986, we reviewed the water management plan for Lake Ehno 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 Anderlik and found that Woodbury's drainage plan had no such large discharge for that area. We also know of no existing structure under I-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. David R. Jessup March 9, 1990 I Page Two • 1 • i Since drainage is an "environmental impact", we thought this environmental review may be the appropriate forum to bring up this discrepancy again. It is to Woodbury's benefit also to have the Watershed Plan contain the most accurate information. We ask the City of Woodbury to compare its drainage plan to the Watershed Plan and correct any errors found. iE MAP 8 �a �, h ST 1. N.al T6 .=f. ST. N. . 'T8E +..... ......i.l.+....re+r..�...�i sl k.� i G Sir. ST. \ �.. .c,�UF',FER ST. N. w 1 f a 1 t f r t "' C 11 t = J C1B l Ip � �. / _ � ter... y.. rw.-•.w � r I v 3a rn S'T. N .,`N� a c2A8 JC7A 94 EE MAP 1211 f \ Figure A-5 MAP 10 TABLE A-1 EANSIT-WASHIEGIOH HERO WATERSHED DISTRICT p. .. HAIUCEMENS'PLIN •. f STORMWATER RUNOFF AND WATER QUALITY MANAGEMENT PLAN 4 STORM IER RUNOFF WATER ^ QUALITY WEILAND DMR Map No. MAP IDENTIFICATION St. FL, VOL Q GROUP TYPE PROTECTED - &SHARES f - @ 10 C4 1046. 1048. 3.5 5 - III 3 no IO CS — — — 417 III 3 no 10 C6 1003. I004.8 10.2 3 - fI _ ., 3 429x IO C7A — — — 922 II no 12 C75 — — -- II 2 no _ 12 CB 995.5 999.0 60. 7 III 4 95W 12 C9A 995.5 999.3 10 40 II 6 442W - 12 C95 — .... III I - no 12 C10A 991.0 995.0- 120 40 - II 6 43 7W _ 12 CIOE 12 CIIA ^ — 2 -' 20 :... III 2 no• 12 MR -- — — � . III 2 no 12 C12 — — I 10 ",. _ II 3 - no -. 12 C13 - — — 4.6 14 III - 2 no 12 04 — 9 50 II 3 .., no 12 CIS - - — -- 9 50 II 3 no - - 12 C15A — —. ^ __ - - II .... 3 no - - 12 C16 ^ — -_ 189 III .- no 12 C17A 954.2 956.7 455 85 I - 5 9IP .. ' 10 C175 — — -- -- I 1 436W i - 12 C17C 1 no 12 C18A — — 20 20 II 2 438W 12 C183 — — — — III I no. 10 C19 — — — 259 — 5 no 12 C20 — — -- 97 -- no 11 C21 -- ^ __ 92 no 12 C22 — — '2 2. III no MAR 2 7 199Q 8301 Valley Creek Road • Woodbury, Minnesota 55125 • 612/739-5972 March 22, 1990 Ms. Mary Kueffner City Administrator City of Lake Elmo 3800 Laverne Ave. No. Lake Elmo, Mn. 55042 Subject: Public Hearing Comments Dear Ms, Kueffner, Thank you for your letter of March 7, 1990 regarding the City of Lake Elmo comments on Woodbury's I-494 Access Improvement Study. The purpose of this letter is to respond to each of the comments contained in your letter, a copy of which is attached. Comment #1. No response required. Comment #2. The City of Woodbury anticipates funding for selected elements of the recommended roadway improvements to be financed from Federal, State and County transportation funds. The extent to which the use of these funds would impact Lake Elmo is dependent upon the City of Lake Elmo's need for the expenditure of similar funds for transportation projects. The City of Lake Elmo may apply for transportation funding in the same manner as will be the City of Woodbury. The funding agency will make the decision as to which projects in which cities are ultimately allocated transportation funds. Comment #3. The I-494 Access Improvement Study does purpose a future extension of Bielenberg Drive over I-94 into Lake Elmo. Based upon the analysis performed as part of the Study, it is anticipated that this roadway extension will not be needed until near the year 2010. The City of Woodbury recognizes that this roadway extension is not part of the Lake Elmo Comprehensive Plan. The City of Woodbury understands that such a roadway cannot be implemented without the joint cooperation and effort of both cities. As the need for such a roadway becomes more apparent due to new development and increased traffic and congestion, further discussions and evaluations of this proposal will be performed in cooperation with the City of Lake Elmo. Page 2 Ms. Mary Kueffner March 22, 1990 The I-494 Access Improvement Study exhibits are meant to schematically show the concept of the Bielenberg Drive extension over I-94. The exact details of the alignment, grades, right-of-way requirements, land use impacts., and storm drainage provisions will be evaluated in detail as part of future implementation activities. Comment #4. This comment deals with an apparent discrepancy between the Comprehensive Storm Water Drainage Plan of Lake Elmo, City of Woodbury, and the Ramsey/Washington Metro Watershed District. This apparent discrepancy is not _ related to or part of the I-494 Access Improvement Study. As a separate activity, the City will investigate with Lake Elmo and the Watershed District this apparent - - discrepancy. If the City of Lake Elmo has further concerns or wishes to discuss in greater detail the recommendations of the I-494 Access Improvement Study, please feel free to contact me. \_ Sincerely, Barry P. Johnson City Administrator Enclosure Earth Day Co-chairs Governor Rudy Perpich Senator David Durenberger MINNESOTA P.O. Box 10329; Minneapolis, Minnesota 55458-3329 (612) 627-4049 February 21, 1990 14QR 7 100n Resolution Committee Co-chairs Attorney Gen. Hubert H. Humphrey III U. S. Congressman Vin Weber Dear Minnesota Mayor.: Earth Day 1990 presents a unique opportunity to focus public attention on resolving our environmental problems. The Minnesota Earth Day 1990 Advisory Committee, composed of leaders from business, environmental and government organizations, is helping to design a series of activities and events that will increase public understanding of environmental problems and the ways these problems can be resolved. One of the guiding principles of Earth Day 1990 is inclusiveness. Regardless of what city, state or nation we -reside in, we all share planet Earth as our home. The goal of Earth Day 1990 is to raise the level of public awareness about our environment and to educate people about actions they can take on behalf of the environment. Earth Day 1990 is the ultimate expression of the phrase "think globally; act locally". Earth Day 1990 will be the product of a huge coalition of loosely affiliated organizations, reaching far beyond existing environmental constituencies to involve the broadest possible cross section of participants. Around the world, across America, and here in Minnesota, individuals and groups are already planning activities and events to celebrate Earth Day. As co -chairpersons of the Minnesota Earth Day 1990 Resolutions Committee, we urge you to join elected officials in local jurisdictions across America in passing resolutions like the sample resolution enclosed with this letter. With your help we can demonstrate why Minnesota is recognized as an environmental leader among the states. Finally, after your organization has passed the resolution, we request that you send a copy to us in care of Minnesota Earth Day 1990, P.O. Box 10329, Minneapolis, MN 55458-3329. On behalf of Minnesota Earth Day 1990, we would like to thank you for your help in making Earth Day in Minnesota a great success! Sincerely, HUBERT H. HUMF Attorney General Enc. 4ER S. ( U. S. ongressman �4� Prio¢d w Pccydcd Paper MINNESOTA EARTH DAY 1990 RESOLUTION 90-14 WHEREAS, almost twenty years ago, more than twenty million Americans joined together on Earth Day in a' demonstration of concern for the environment, and their collective action resulted in the passage of sweeping new laws to protect our air, water, and land; WHEREAS, in the nineteen years since the first Earth Day, despite environmental improvements, the environmental health of the planet is increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Growing World Population, Tropical Deforestation, Ocean Pollution, Toxic Waste, Desertification, and Nuclear Waste requiring action by all sectors of society; WHEREAS, Earth Day 1990 is a national and international call to action for all citizens to join in a global effort to save the planet; WHEREAS, Earth Day 1990 activities and. -events will educate all citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting more ecologically sound lifestyles; WHEREAS, Earth Day 1990 will educate all citizens on the importance of buying and using those products least harmful to the environment; WHEREAS, Earth Day 1990 will educate all citizens on the importance of doing business with companies that are environmentally sensitive and responsible; WHEREAS, Earth Day 1990 will educate all citizens on the importance of voting for those candidates who demonstrate an abiding concern for the environment; WHEREAS, Earth Day 1990 will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment; NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council designates and proclaims April 22, 1990 as Earth Day 1990, and that that day shall be set aside for public activities promoting preservation of the global environment and launching the "Decade of the Environment. Adopted this 3rd Day of April, 1990 by the Lake Elmo City Council. Susan Dunn, Mayor Attest: Mary Kueffner, City Administrator MAR 30 190 16:21 T K D A & ASSOC., INC. �QI P.1 'JxKDA KING, - _ ANDA TE$,IN, RPORATE ANb ASSOOIATES, INCORPORATED 2W0AMERICANNATIOABANK BUILpIND ENGINEERS ARCHITECTS PLANNERS SAINT PAUL. MINNESOTA65701 GIV_ - 2.NW - m?J202-0eB3 _.. FAX 01 FAX March 36,1990 _-- .._....-....__.-._.__.._...-._.......__._._.-- Honorable Mayor and City Council Lake Elmo, Minnesota Re: Public Bearing for Road Improvements Lake Elmo, Minnesota Commission No. 9150-000 Post•it'" brand fax "76711Co. Dept, Fax # Dear Mayor and Council: 'I1ie Council previously authorized us to proceed with feasibility studies for the following possible street improvements projects: Lampert Avenue Bituminous Overlay Legion Avenue within Eden Park - Bituminous Overlay 33rd Street and Laverne Avenue - MSA Street and Drainage Improvements It is recommended that these hearings be scheduled for the regular Council meting on May 1, 1990. This will allow us to review the improvements with Council on April 17, Sincerely, X)A,A- Larry D. Boh rer, P.E. LDB/rnha RESOLUTION 90- A RESOLUTION RECEIVING REPORT AND CALLING A PUBLIC HEARING FOR THE FULL -OVERLAY OF LAMPERT AVENUE WHEREAS, pursuant to resolution of the city council adopted January 16, 1990, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of Lampert Avenue, and this report was received by the council on April 3, 1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at a cost to be estimated by the City Engineer. 2. A public hearing shall be held on such proposed improvement on the 1st day of May, 1990 in the council chambers of the city hall at 7:30 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. Adopted by the Council this 3rd day of April, 1990. Susan Dunn, Mayor Mary Kueffner, City Administrator RESOLUTION 90- A RESOLUTION RECEIVING REPORT AND CALLING A PUBLIC HEARING FOR THE FULL OVERLAY OF LEGION AVENUE (WITHIN EDEN PARK ADDITION) WHEREAS, pursuant to resolution of the city council adopted January 16, 1990, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of Legion Avenue (within Eden Park Addition), and this report was received by the council on April 3, 1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at a cost to be estimated by the City Engineer. 2. A public hearing shall be held on such proposed improvement on the 1st day of May, 1990 in the council chambers of the city hall at 7:30 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. Adopted by the Council this 3rd day of April, 1990. Susan Dunn, Mayor Mary Kueffner, City Administrator RESOLUTION 90- A RESOLUTION RECEVING REPORT AND CALLING A PUBLIC HEARING FOR THE RECONSTRUCTION OF LAVERNE AVENUE AND UPPER 33RD STREET WHEREAS, pursuant to resolution of the city council adopted January 16, 1990, a report has been prepared by Larry Bohrer, the City Engineer, with reference to the improvement of Laverne Avenue and Upper 33rd Street, and this report was received by the council on April 3, 1990. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at a cost to be estimated by the City Engineer. 2. A public hearing shall be held on such proposed improvement on the 1st day of May, 1990 in the council chambers of the city hall at 7:30 p.m. and the clerk shall give mailed and published notice of such hearing improvement as required by law. Adopted by the Council this 3rd day of April, 1990. Susan Dunn, Mayor Mary Kueffner, City Administrator MAR 30 190 14:35 T K D A & ASSOC'., INC. �� /7u � . ,3 TOLTZ,KING,,ANDEP9OM TKDA ANDASSOCIATES, INCOPPORATF b 2500 AMERICAN NATIONAL BANK BUILDING .. ENGINEERS ARCHITECTS PLANNERS SAINT PAUL. MINNEBOTA55101 61=02-Moo PA%512012-Does March 30, 1990 Honorable Mayor and City Council Lake Elmo, Minnesota Re: SW-1 Public Water Supply Lake Elmo, Minnesota Commission No. 9150-010 Dear Mayor and Council: On March 22, a meeting was held with the Washington and Ramsey County representatives regardhzg the Conceptual Design Public Water Supply for SW-1 dated February, 1990, Enclosed is the review we prepared on the report and a list of the pertinent issues. The following is a review of the meeting discussion: Service Area The Counties see no justification for expanding the service area beyond that which is proposed on the Conceptual Design Drawing No. 1. t cneral Water System Design: TKDA will prepare a detailed design memorandum prior to the next meeting outlining what we believe to be the important design parameters. Operation and Maintenance Cost The Counties are not opposed to contributing toward 0 & M costs for a limited amount of time if sufficiently justified. Design, Construction and Qwner ft of the System; The Counties have no objection to the City designing, constructing, and owning the public water supply. Release fr rpm iability: The Counties will not seek any releases in exchange for the public water supply. The next meeting is scheduled for April 5 at 4:00 P.M. The issues seem to be reduced to adequate system design and O & M contribution. Sincerely, Larry D. $ohrer, P.E. LDl3/mha Enclosure MAR 30 190 14:36 T K D A & ASSOC., INC. .., .i.. KD- TOLTZ, KING, DUVALL, ANDERSON _ AND ASSOOIATES, INOORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERIOAN NATIONAL DANK BUILDING SAINT PAUL. MINNESOTA s5101 .. 01 Y12YY-N00 March 22, 1990 PAX 61 =2Q w Honorable Mayor and City Council, - 3800 Laverne Avenue Lake Elmo, Minnesota 55042 Re: Preliminary Review SW-1 Public Water Supply Lake Elmo, Minnesota Commission No. 9150-000 Dear Mayor and Council: We have performed a preliminary review of the Conceptual Design Public Water Supply for SW- 1 dated February,1990. We have also reviewed the issues which were raised in 1985 to see if i they were still relevant today. The following are our conunents: Service Area: The service area chosen: anticipates that the Well Advisory .Area will be expanded southward to T.H. 5, if it hasn't been revised already. The City Council should decide if this is the appropriate service area. General Water System Design: We generally concur in the water system design as presented. Our major concern in 1985 was that, without an elevated tank, the well pump alone must be able to meet the instantaneous peak demand. The present system now includes an elevated tank. Water stored in the tank can be used to meet peak hour demands. a. Water TankSize: The conceptual design proposes a tank size equal to 30170 of the average daily demand. The Ten State Standards, which the State Health Department uses to review the adequacy of water systems, recommends 100% of average daily demand. In this case that would be 60,000 gallons. b. Well Location: The conceptual design proposes to place the new well in the no1111west Conner of the Shafer Gravel Pit. The report states that the well will draw most of its water from the northwest. The groundwater flow toward the well should also be analyzed for the condition when the gradient control wells are eventually turned off. Would the well's cone of influence extend into the landfill area if then pumped at 200 gpm? I inm . w Honorable Mayor and City Council March 22, 1990 Page 2 C. Pump House Location: The nearest public road from which we could get access is Isle Avenue, over 1/4 mile away. An improved road to the pump house is necessary for the delivery of chemicals and routine maintenance. The cost estimate doesn't seem to include an allowance for driveway construction. We also feel that $15,000 for the pumphouse itself is too low, considering the safety precautions for having chlorine and acid for fluoridation. d. Tank Location: From a water distribution standpoint, the well and tank should be placed apart from one another and equidistant from the concentrated areas of demand. Based on that principle, the tank might better be placed on the east side of Jainaca Avenue near 37th Street. We realize the Maintenance Building site was probably chosen because it is higher in elevation and the City already owns the land. We would like to run a quick hydraulic analysis to'check the tank location as well as the proposed 6" and 4" main sizes. `I OperaRion and Maintenance Costs: It is generally more expensive to operate a small water system per connection than a larger system, and it is certainly more expensive to operate a water system than to operate individual wells. A ballpark figure for yearly O & M based on the City's existing water system and not including chlorine, fluoride and depreciation, is approximately $30,000 per year. If or when should the residents begun paying water bills, and will water meters need to be installed? Design. Construction, and Ownership of the Systeun; In 1985, the Counties agreed that the City should design, construct and own the water system. The Counties would have review and approval authority over the plans and specifications and pay all reasonable costs. Is this still the case? ,Release From Liability; Will any release from liability be requested? We believe these were the major points of discussion in 1985 and are still valid today as basis to began negotiations. Sincerely, Larry D. Boluer, P.G. LDB/tnha i1AR 30 190 14:34 T K D A & ASSOC., INC. ��3 P.J TA KING, , R AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS NATIONAL BANK SUILOINp SAINT PAUL, MINNESOTA 88701 SAINT OIZ04400 - PAX 6 1TJ2DMDBO ' PAX M .. March 30, 1990 - - - Honorable Mayor and City Council Lake Elmo, Minnesota Re: 15th Street Improvements Lake Elmo, Minnesota Commission No. 9492 Dear Mayor and Council: At the last meting we were authorized to revise the road shoulder width in accordance with the District State Aid Engineer's requirements and postpone the bid opening two weeks to make the j necessary plan changes, Based on the traffic counts taken last fall (750) and the traffic count taken this spring (600) the District State Aid Engineer will require 8 feet wide shoulders. This width can be accommodated without any additional permanent right-of-way, although some additional temporary easements will bg necessary during construction. We have revised the plans in accordance with the State Aid Engineer's requirements and have issued the revised plans to the bidders. Sincerely, Larry D. Bohrer, P.E. LDB/mha I APR - 2 1990 Michael P. Severin 8012 - 50th Street North Lake Elmo, Minnesota 55042 March 30, 1990 Lake Elmo City Council 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Dear Council Members: This letter is regarding the public hearing which was conducted on March 20, 1990, on the 201 sewer charge increase. First, I would like to explain my situation in the 201 program. I maintain the pumps, electricity, tanks and all other working parts of my septic system, and will be required to repair anything that fails at my own expense. The only part of 201 that the City is responsible for is a huge pile of sand adjacent to my property on a. small City owned lot. If the system performs as I was told it would, it should last forever and never need anything but a yearly mow job. It is fairly obvious that other systems throughout the City do and will require much more maintenance and expense than my system ever will. To charge me as I have been and more or less ask me to subsidize other systems throughout the City is grossly unfair. It would be no more unfair to charge every household in Lake Elmo a sewer charge to fund 201 maintenance;. which doesn't sound like a bad idea, since the installation of the 201 program benefitted everyone in the City with the elimination of failed systems polluting our lakes and ground water, and eliminating the need for costly city sewer. I ask that this City Council take a good look at the fairness of the current system with regards to people like myself. There has to be a better and more fair way to implement the current sewer charges. I would like to pay for services rendered to my site, not a broken pipe on 32nd Street. Respectfully, Michael P. Severin MPS:mas cc: Mr. Tom Okoneski, Esq. CLAIMS TO BE APPROVED AT APRIL 3, 1990 LAKE ELMO COUNCIL MEETING (all claims are within budget unless otherwise noted) 93102 Commissioner of Revenue - March State withholding $ 1,019.00 93102 LMCIT Insurance - April.Hosp. 2,791.92 93103 Minn. Benefit Assn. - April premium 51.00 93104 Allied Group Insurance - April premium 81.79 93105 Pitney Bowes - copy machine maint. 579.90 93106 American Typewriter Co. - Office supplies 132.15 93107 REAPP - reimbursement for recyclable paper 126.00 93108 American Linen Supply - Office bldg maint. 34.66 93109 Minn. Mayors Assn. - dues 10.00 93110 Chapin Publishing Co. - 15th St bids 153.90 93111 Michael Smith - March animal control officer 411.00 93112 Frank Langer - assessor 1,500.00 93113 Carl Blondin -.legal retainer 900.00 93114 Leonard Street & Deinard (invoice attached) 743.80 93115 Northern States Power - Office $ 193.31 Fire Dept. 247.56 Maint. Dept. 148.06 Street Lites 800.69 - Parks 335.86 Water Fund 337.15 Sewer Fund 1e.'52 2,081.15 93116 AT & T - Office phones 66.95 93117 U S West - Office $ 176.34 Fir.,_pept,�_, 263.18 Maint, Dept. 54.46 Parks 1.3.50 507.48 93118 Minn. Conway Fire & Safety - Fire dept. supplies 474.91 93119 Int, School Dist. 916 - Fire dept. training 870.00 93120 Weber & Troseth, Inc. - Fire dept. parts & repair 14.45 93121 Robert Speltz - Fire dept supplies 54.00 93122 Lee's Topline Athletics - Fire dept. supplies 595.00 93123 Clarey's Safety Equipment - Fire dept, supplies 250.00 93124 Road Rescue, Inc. - Fire dept. supplies 660.50 93125 Turf Products - Maint. Dept. parts & repair 315.00 93126 Safety-Kleen Corp. - Maint. Dept. supplies 53.53 93127 Pioneer Rim & Wheel - Maint. Dept. parts & repair 97.59 93128 Crysteel Dist. - Maint. Dept. parts & repair 250.00 93129 Battery & Tire Warehouse - Maint. dept. parts & repair 22.37 93130 F.H. Bathke Co. - Maint. dept. supplies 10.88 93131 Midwest Bolt & Supply - Maint. dept. parts & repair 41.52 93132 Interstate Detroit Diesel - Maint. dept. parts & repair 37.03 93133 Northern Handyman's - Maint. dept. generator 969.99 93134 Chase/Clark Credit Co. - Maint. dept, loader payment 1,556.00 93135 NCSAWWA - Waterworks school - 2 men 130.00 93136 MPCA - Haz. Waste workshop 35.00 93137 Gov. Training Service - Safety & Loss workshop 15.00 93138 Marv's Professional Tools - Maint. Dept. supplies 29.00 93139 Vern`s GTC Auto Parts - Maint, Dept. 9.66 93140 Stillwater Motor - Maint. dept, parts 6.15 93141 Menards - Maint. Dept. 73.60 93142 thru 93153 April 6th payroll 10,776.24 Total $;, :2::7, 944.:12 LAW OFFICES LEONARD, STREET AND DEINARD A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 2300 t 150 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 City of Lake Elmo CONFIDENTIAL 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Attention: Ms. Mary Kueftner Administrator MAR 2 2 1990 March 14, 1990 12370-11817 65457 FED. I.D. 41-1431093 ----------------------------------------------------------------------------- THIS INVOICE IS PAYABLE UPON RECEIPT For professional services rendered through February 28, 1990 in connection with City of Lake Elmo v. Washington County and M t 1't e ropo i an Council, including the following: 2/05/90 DAH Office conference regarding 0.25 17.50 _ preparation of legal description exhibit. 2/07/90 EGS Telephone conferences with John 0.25 27.50 Rafferty and Todd Williams. 2/09/90 DAH Review materials regarding legal 1.23 87.50 '. descriptions. 2/12/90 EGS Review buffer material; telephone 0.50 55.00 conference with Todd Williams; reserve room for hearing.' 2/13/90 EGS Attend Met Council Advisory 1.00 110.00 Committee meeting. 2/13/90 EGS Telephone conference with Dan Novak. 0.25 27.50 2/16/90 EGS Prepare for and attend meeting with 1.50 165.00 client regarding strategy. 2/20/90 EGS Prepare statement for Environmental 0.25 27.50 Resources Committee at Metropolitan Council. 2/21/90 EGS Attend Environmental Resources 1.00 110.00 Committee meeting at the Metropolitan Council. 2/24/90 EGS Revise correspondence to 0.25 27.50 Representatives Sikorski and Vento. I *continued on next page* Page 2 City of Lake Elmo Attorney/Paralegal Ellen G. Sampson David A. Hillert LAW OFFICES LEONARD, STREET AND.DEINARD A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 2300 150 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 CONFIDENTIAL Hours Rate March 14, 1990 12370-11817 - 65457 Amount 5.00 110.00 550.00 1.50 70.00 105.00 TOTHE FOREGOING . . . . . . . . . . . . . . . . Out -of -Pocket Disbursements: - Washington County Treasurer - half 53.00 section maps - Photocopying 35.80 Total Disbursements: TOTAL INVOICE: $743.80 ********************** Statement of Account *********************** Beginning balance as of 02/20/90 1,618.35 Current invoice 743.80 Payments since 02/20/90 1,818.35 Adjustments since 02/20/90 0.00 TOTAL'BALANCE-DUE:, $743.80 DISBURSEMENTS, IF ANY, NOT YET BILLED WILL APPEAR ON A LATER STATEMENT PLEASE RETURN ACCOUNTING COPY WITH YOUR REMITTANCE CITY OF LAKE ELMO City ®$ Lake Eire® 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 February 22, 1990 Dear Resident/Property Owner: Enclosed is a copy of a public hearing notice relative to a proposed increase in the user charge system for the operation, maintenance, and replacement of the off -site and collector (201) sewer systems. If this proposed increase is adopted by the City Council, your rate will remain at $120.00 per year. If you have any questions prior to the public hearing, please don't hesitate in calling. Sincerely, -4 Mary Kueffner Acting City Administrator NOTICE OF PUBLIC HEARING The Lake Elmo City Council will hold a public hearing on Tuesday, March 20, 1990 at 7:00 p.m. at city hall, 3800 Laverne Avenue N., Lake Elmo, MN to consider an increase in the user charge system for the operation,.maintenance, and replacement of the off -site and collector sewer systems. The new rate structure would be as follows: Establishment #ERU Annual Quarterly Charge Charge Residence = individual off -site 1 $120.00 $ 30.00 Residence - collector off -site 1 180.00 45.00 ( Duplex 2 360.00 90.00 Beauty Shop 1 180.00 45.00 Main Street Shop., 1 180.00 45.00 Lake Elmo Inn 8 1440.00 360.00 All persons who wish to be heard regarding this proposed rate increase will be given that opportunity at this public hearing. Mary Kueffner Acting City Administrator February 21, 1990 St. Croix Valley Press February 28, 1990 MAR 1 6 1990 Jw KDA TOLTZ. KING, DUVALL, ANDERSON _ AND ASSOCIATES, INCORPORATED E<( ,EERS ARCHITECTS PLANNERS 2500AMERICANNATIONAL BANK BUILDINO SAINT PAUL. MINNESOTA 55101 51V2024 00 March 15, 1990 FAX 51=2-00" Honorable Mayor and City Council Lake Elmo, Minnesota Re: Public Hearing 1990 Rate Structure for 201 Systems Lake Elmo, Minnesota Commission No. 9150-000 Dear Mayor and Council: One of the requirements of the 201 Grant was that the City set nip 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. A public hearing has been scheduled to receive public continent. In 1988 and 1989, the sewer charge was $120 per year for each residential equivalent unit. In 1988, the expenses were $3,607 and the income was $4,870, leaving a year end balance of +$1,263. In 1989, the expenses were $6,291 and the income was $4,870, leaving a year end balance of-$1,421, for a cumulative fund balance of-$158.00. The fund should have a 2 year ending balance of +$720 to cover future replacement of pumps and controls. See the attached worksheet from the Finance Director. A more detailed review of the maintenance records reveals two observations: The maintenance expenditures in 1988 is below what should be considered normal. The systems were completed late in 1987. In 1988, the systems were under the Contractor's warranty and any repairs to the system were performed by him, not the City. Also, the turf was just beginning to become established; therefore, there was very little mowing. 2. The maintenance expenditures in 1989 are above what should be considered normal because of a sewer repair on 32nd Street. A pipe joint to a house service had separated and the street had to be dug up to make the repair. The total cost of this repair was $2,110. Had this break not occurred, the fund would have a healthy two year balance of $1,952.00 We have recommended raising the rates for 1990 from $120 per year to $180 per year for each equivalent residential unit (ERU) except the two individual off -site systems which require minimal maintenance. The new rate structure would be as follows: Honorable Mayor and City Council Lake Elmo, Minnesota March 15, 1990 Page Two Annual Quarterly Establishment #ERU Charge Charge Residence - individual off -site 1 $ 120.00 $ 30.00 Residence - collector off -site 1 180.00 45.00 Duplex 2 360.00 90.00 Beauty Shop 1 180.00 45.00 Mani Street Shop 1 180.00 45.00 Lake Elmo Inn 8 1,440.00 360.00 The proposed rate structure was formulated by assuming the 1989 expenditures can be expected in the future plus restore a positive balance to the fund. The sewer repair performed in 1989 points out the fact that one never knows where or when a repair might be necessary; therefore, the sewer charge must provide for future repairs, not just routine maintenance. Two types of complaints may be raised at the public hearing. The first complaint may be that trying to restore the fund balance all in one year by raising the rates 50% is too much of an increase. This may be heard especially from senior citizens on fixed incomes. The second type of complaint may be that maintenance and repairs on each site should be kept track of individually. In that way, the people on 32nd Street, for example, would have paid for the repair that was made on their system. Someone else may say that their site was only mowed once where another was mowed three times and their sewer charge should reflect that difference in maintenance. My recommendation is to maintain uniform sewer rates. The actual charge is for the treatment, not maintenance. Various levels of maintenance may be necessary to assure treatment at the various sites, but all persons receive the same level of sewage treatment. Our recommended rates did recognize that individual off -site residential systems (Severin and Scovil) are cheaper to maintain than collector systems. That is why their rates are proposed to remain the same while all others received the 50% increase. Sincerely yours, Larry D. Bohrer, P.E. LDB:j |LLYARD, DAN �96 JANE ROAD N" �KE::., ELMO, MN 55042 �CK, THOMAS 90 LEGION AVE. N. /KE ELMO, MN 55042 TERSDN, WM 78 LEGION AVE" N" &E ELMO, MN 55042 F-r,, RODNEY ]".'r 12 ST" E(L MN 55042 PFERSCHMIDT» W. 69 LEGION AVE" N. KE ELMO/ MN 55042 ANLEY, STEVEN 97 iEGION AVE. N. KE ELMO, MN 55042 OMPSON, ROBBI 10 LISBON AVE" N. KE ELMO, MN 55042 TARO, JACKIE 20 LISBON AVE" N. KE ELMO/ MN 55042 RSETH, DAVID 3 LISBON AVE" N. 0 _LMO� MN 55042 GG, MADEL 40 LISBON AVE" N" KE ELMO, MN 55042 0 AVISq NORMANI 6216 NO. LOOKOUT TR ST T_ L_LWATL' R, MN 55082 / ;? /0 KENT, CHARLES 060 LISBON AVE. N. LAL::E ELMO, MN 55i>42 KRAMER, EVELYN 10949 : 2NID ST. N. LATE ELMO, MN! 55042 SMITH, EL_DCN 1LAKE ELMO, MN S5042 10941 (MARTIN, DAN IEL 109:29 32ND ST. NI.. LAKE ELMC], MN 55042 HAYES, C7!'RALDINE 10917 32ND ST„ N. LAKE ELMO, MN 55042 F!' OKOSCH, aOHNI 10907 ' 2ND ST % LAKE EL.MO:. MN 55042 LAKE ELMO :CNN '442 LAKE ELMO AVE. LAKE ELMO, MIDI 5::042 SCH1LT'1.,, JOHN 3446 LAKE ELMO AVE. LAKE ELM09 MN 55042 PEARf31.1N AGENCY L-UDSON1, WI 54016 SCHIL.TZ, rkf %yr CK / 11098 34TH ST. N. L-.(-11<:: LaL.I°I(.J;, 1°IN 35042 LAKE ELMO VFW I 71.:2 L..AYTON AVE. LAKE ELMO, MN 55042 / / ( 6) /U D / �?61 /�fa / tf / 1 4 y0'�l r-UrSETH, DAVID e004 50TH ST. N. L(,, -- ELMO, hLN 5504 BROWN, DAVID 7990. 50TH ST.N LAKf ELMO, MN 55042 SUf LESS, DAM 208S HILL TRAIL N. LAKE ELMO, MN 55042 SDI:IVT1_L_, PAT E: c)56 HILL TRAIL 1\I. �� GW LAKE ELMO; MN 550�4 t GDG r-AUL, MRS. CARI_. 9369 JANE. RD. N. LAKE ELMO, MIDI 55042 ZUE RCHER,, A., 2483 HWY 61 N. ST. PAUL_, MN Pali 109 Eaza JAI 0130 T. - -1 : L. ]'J . MAR - 1 1990 v C �� L .�,�� �1w ,fit e Q,c% .•L"c�- <--7 vt' __ — _ - - ���/�ka%v+-'w (/ cK L�u - L�IZ/Yt� PAL 16 L City of Lake Elmo February 22, 1990 Dear Resident/Property Owner: MAR - 2 1990 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 Enclosed is a copy of a public hearing notice relative to a proposed increase in the user charge system for the operation, maintenance, and replacement of the off -site and collector (201) sewer systems. If this proposed increase is adopted by the City Council, your rate will increase from $120.00 to $180.00 per year. If you have any questions prior to the public hearing, please don't hesitate in calling. Sincerely, Mary X ne� Acting City Administrator I k tyl U' J I I ISaQi° "3pb6 V 7/" V' e INVOICE �/\3 ENGINEERS ARCHITECTS PLANNERS City of Lake Elmo P.O. Box J Lake Elmo, MN 55042 TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 612/202- 00 FAX 612/292-MM Date: March 30, 1990 Commission No: 9150-990 Invoice No: 011514 Period Ending: 02/28/90 =aocvev-�---•-------�-----===ovoovvc==e0000coo=o=veov=o=ce000=eeooc000cvo= For Professional Services in connection with Attendance at City Meetings. Agreement dated February 2, 1988. February 6, 1990 February 20, 1990 State of Minnesota ) County of Ramsey ) L. Bohrer - City Council Meeting 50.00 L. Bohrer - City Council Meeting 50.00 AMOUNT DUE $ 100.00 Jfr.�'�� ell 3 ss Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date 3 Marc , 1990. O_ O TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED / 1 • My Gomm, ExWI_i Aug INVOICE .■i j\iL.1L_\i AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 25M AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55f 01 612I202J FA%612=2-0063 City of Lake Elmo P.O. Box J Lake Elmo, MN 55042 Date: March 30, 1990 Commission No: 9150-000 Invoice No: 011513 Period Ending: 02/28/90 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. Packard Park 3rd Addition: L. Bohrer 3.50 Hrs. @ 25.53 = 2. The Forest; L. Bohrer 8.00 Hrs. @ 25.53 = 3. Federal Land Comrnany: L. Bohrer 1.00 Hrs. @ 25.53 = 4. 201 Appeal: L. Bohrer 5.50 Hrs. @ 25.53 = Expenses: L. Bohrer - Travel 5. 201 Quarterly Report: L. Bohrer 1.00 Hrs. @ 25.53 = 6. Old Village Drainage Study- T. Frew 11.50 Hrs. @ 17.31 = L. Sorenson 2.00 Hrs. @ 9.84 Expenses: TKDA Computer Service Fee 89.36 x 2.75 = 245.74 204.24 x 2.75 = 561.66) 25.53 x 2.75 = 70.21 140.42 x 2.75 = 386.16 0.78 25.53 x 2.75 = 70.21 199.07 19.68 218.75 x 2.75 = 601.56 (Feb) 12.60 Page 2 INVOICE Commission No. 9150-000 7. MSA Computer Equipment Order: L. Bohrer 1.00 Hrs. @ 25.53 = 25.53 x 2.75 = 70.21 8. Railroad Grade Crossing Inventory: L. Bohrer 1.50 Hrs. @ 25.53 = 38.30 x 2.75 = 105.33 Expenses: L. Bohrer - Travel 5.20 9. 1990 Seal Coating: L. Bohrer 1.00 Hrs. @ 25.53 = 25.53 x 2.75 = 70.21 10. Woodbury I-494 Access Plan: L. Bohrer 0.50 Hrs. @ 25.53 = 12.77 x 2.75 = 35.12 AMOUNT DUE ........................ $ 2,234.99 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn., deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date March 0, 1990. vMAMNMMM�MM/.MA.MNhV.'N• gZ 4° UZA E SCHOREY NOTAA, RANIS:Y CW:'TY My Cmna. Exp,m, )6'] ; 1295 f / YWWW'/VWWJVWJNWWWVv�W:Ju TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ApR , 6 1990 INVOICE TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED 4GINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101-1893 612/292.4400 FAX 612/292-0083 City of Lake Elmo Date: March 30, 1990 P.O. Box J Commission No: 9720-01 Lake Elmo, MN 55042 Invoice No: 011563 Period Ending: 02/28/90 For Professional Services in connection with the 1990 MSA Improvements - 33rd Street and Laverne Avenue from CSAH 17 to TH 5 (Grading, Gravel Base, Storm Sewer, Bituminous Surfacing and Concrete Curb and Gutter). Verbal Authorization approved at Regular City Council Meeting on January 16, 1990. part I -Plans (Feasibility Study) (9720-01): Personnel: Classification: L. Bohrer Senior Registered Engin J. Davidson Senior Registered Engin R. Dinndorf Senior Technician C. Rylander Technician C. Rylander Technician S. Olson Technician S. Olson Technician Reimbursable Expenses: Larry D. Bohrer - Travel Richard T. Dinndorf - Travel Billing Rate: 4.00 Hrs. @ 70.21 = 1.00 Hrs. @ 88.00 = 17.00 Hrs. @ 49.20 = 16.00 Hrs. @ 34.13 = 1.00 Hrs. @ 42.00 = 16.00 Hrs. @ 26.98 = 1.00 Hrs. @ 40.48 = AMOUNT DUE ................................. $ State of Minnesota ) ss County of Ramsey 280.84 88.00 836.40 546.08 42.00 431.68 40.48 27.82 49.64 2,342.94 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, thatthe expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, TOLyZ, KING, DUVALL, ANDERSON a notary public, on this date SSOCIATES, INCORPORATED Marc 30, 1990.E tj40 p`S�cO?�Eflt1p C •r T A INVOICE 1 ■ I l�li TOLTZ, KING. DUVALL, ANDERSON i. DA AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2600 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 65101.1893 612/292 4400 FAX 612/292-0083 City of Lake Elmo Date: March 30, 1990 P.O. Box J Commission No: 9325-02 Lake Elmo, MN 55042 Invoice No: 011524 Period Ending: 02/28/90 For Professional Services in connection with the 1989 MSA Improvements - 43rd and Kimbro. Authorization approved at City Council Meeting on June 21, 1989. Construction Phase (9325-02): Personnel: Classification: Billing Rate: L. Bohrer Senior Registered Engin .50 Hrs. @ 70.21 = 35.11 AMOUNT DUE ................................. $ 35.11 State of Minnesota ) ss County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Marc 01 199 wMnMMMnnMnMnA4NAVWNHUMv r" h, LINDA E. SCH0 Y :d � NOTARY PUOUC—MM IESOTA RAMSEY COUFITY MY Wnnn. ExPuee Aug q ISSS s vwvww.vvwwvw.vvvwv.ww•rr u TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED a. � �✓ ON T iiD� INVOICE TND ASSOCIATES, SS CIATE ,INC ANOERATE AND ASSO CIATES,IN INCORPORATED "sNGIN EERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 65101-1893 612/292-4400 FAX 612/292-0083 City of Lake Elmo Date: March 30, 1990 P.O. Box J Commission No: 9492-02 Lake Elmo, MN 55042 Invoice No: 011537. Period Ending: 02/28/90 For Professional Services in connection with the 1989 MSA Improvements - 15th Street from CSAH 13 to West City Limits (Grading, Gravel Base, Drain- age and Bituminous Surfacing). Verbal Authori- zation to Proceed received from the City Council on January 17, 1989. Plans Phase (9492-02): Personnel: T. Prew Classification: Registered Engineer 2.50 Billing Rate: 47.60 = j 119.00 /\ Hrs. @ L. Bohrer Senior Registered Engin 24.50 Hrs. @ 70.21 = 1.,720.16 J. Stenerson Technician .50 Hrs. @ 27.06 = 13.53 C. Schardin Technician 4.00 Hrs. @ 24.20 = 96.80 Reimbursable Expenses: Computer Service Fee - Computer Services 15.30 AMOUNT DUE ................................. $ 1,964.79 State of Minnesota ) as .County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just andtrue; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Marc)v-$O' 1990� n - MOA E.SCHOREY NOTARY PUBLIC—tdNlNESOTA RAMSEY COUNITY My Comm. Expres Aug a. 190 TOLTE, KING, DUVALL, ANDERSON AND ASSOCIATES, INCOORPORATED JAMES R. HILL, INC. PLANNERS ENGINEERS SURVEYORS APR - 5 1990 9401 JAMEs Ave. So., SGIiE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518 Lake Elmo', City of STATEMENT DATE;AF'R 1 90 Att,-., Ms. Patricia Morrison 3200 Laverne Ave. No. La,.,. 55 42 e Eimo, `",N _nl CLIENT NUMBER; 525 PROjECT DATE AMOUNT PAYMENTS BALANCE 0112P COMPREHENSIVE PLAN/MUNICIPAL WORK MAR 90 $ 654. 0 0.00 65 .Or, PROJECT TOTAL: . 1 889.00 :tt 235.00 ,.. $ 654,00 8087P CITY OF LAKE ELMO-MISC.IMUNICIPAL WORE: DEC 88 $ 1,216.00 $ 15216,Oti 0.00 JAN 89 1,694.00 s 1,694.00 0.00 FEB 69 $ 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 89 730&0 $ 738.00 0.00 OCT 89 $ 545.00 $ 545.00 0.00 .LAN 90 $ 118.00 $ 118.00 0.00 FEB Sir $ ----------- 118.00 $ 118.00 0.00 PROJECT TOTAL, $ 6,29=,00 ---------- $ ----------- 6,295.00 $ 0.00 CURREN- OVEF 30 OVER 60 OVER ?0 0.4 BALANCE ��'� DiiE. $6 4. 00 JAMEs R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 9 40 1 JAMEs Avt. So., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518 iMAn �1 �0 Lake Elmo. C i t ,, of Attn: Ms, Patricia Morrison 81 iCi - Laverne Ave. tJo . Lake El no, MN 5042 F:ROFES UPdAL BERVICES REi CEREL : COMPREHENSI'dE PLAWMUNICIPAL WORK (0112P) Printing, binding and assembling rratting mi c, exhibits City planning commission meetings (on 2-26-90) Other misc. services !or client E14GINEER TECHNICIAN I 6.50 HRS X $ 28 = $ i82,00 PLANNER III 8.00 HRS X $ 59 = $ 472,00 . $ 654.00 Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 FOR PROFESSIONAL SERVICES RENDERED ACCOUNTS RECEIVABLE BALANCE FORWARD PAYMENTS RECEIVED SINCE 02/28/90 CREDITS ISSUED SINCE 02/28/90 RETAINER BALANCE APR - 4 1990 March 31, 1990 FILE # 1608 PAGE 1 - PROFESSIONAL SERVICES # 1414 General 500.00 # 1415 Section 32 Petition, Chapter 429 810.00 # 1416 201 Condemnation 332.00 # 1417 Madson, Hugh Mandamus Lawsuit 45.00 # 1418 Ordinances, Opinions & Other 30.00 # 1419 Rogers, Joseph 30.00 # 1420 Derrick Land Fill 1,494.25 # 1421 Federal Land 270.00 # 1422 Cosy Cove - Condemnation 563.00 TOTAL AMOUNT DUE I declare, under the penalties of law, t claim or demand is true and correct. rWeri . Knaak $3,847.25 $3,847.25 $0.00 $0:00 4,074.251 $4,074.251 Rauenhorst Carlson & Knaak Suite 0200 2665 Long Lake Road Roseville, Minnesota 55113 ( City of Lake Elmo STATEMENT # 1414 March $1, 1990 Attention: Marilyn 3880 Laverne Avenue North FILE # 1608-0001 Lake Elmo, Minnesota 55042 PAGE 1 ------------------------------------------------------ ACCOUNTS RECEIVABLE BALANCE FORWARD $500.00 PAYMENTS RECEIVED SINCE 02/28/90 $500.00- $0.00 CREDITS ISSUED SINCE 02/28/90 $0.00 RETAINER BALANCE FOR PROFESSIONAL SERVICES RENDERED RE: General PROFESSIONAL SERVICES 03/01/90 SPC Phone conference - client 0.50 0.50 37.04 37.04 y� 03/05/90 SPC Phone conference - T. Sweeney re. video V 03/06/90 recording SPC Phone conference - client 0.25 1.00 18.52 74.07 03/06/90 FWK Review documents; File review; Letter to 03/13/90 client FWK Review documents; File reivew; Research 1.50 0.25 111.11 18.52 03/19/90 SPC Conference with FWK 0.25 18.52 03/20/90 03/20/90 SPC Conference with FWK FWK Prepare for Council Meeting; Review 1.00 74.07 documents; Phone conference - MK 0.25 18.52 03/21/90 SPC Phone conference - J. McNamara SC; File review 0.25 18.52 03/21/90 03/29/90 FWK Conference with SPC Phone conference - client 0.25 18.52 18.51 03/29/90 SPC Review documents - DPRA Amendments 0.25 0.50 37.04 03/29/90 FWK Review correspndence Carlson, Steven P. 2.50 Knaak, Frederic W. 4.25 TOTAL HOURS 6.75 500.00. TOTAL FEES $500.01 MONTHLY TOTAL l TOTAL AMOUNT DUE $500.0! I declare, under the penalties of law, that v account, claim or demand is true and correct. Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 --------------------------------- ACCOUNTS RECEIVABLE BALANCE FORWARD PAYMENTS RECEIVED SINCE 02/28/90 CREDITS ISSUED SINCE 02/28/90 RETAINER BALANCE STATEMENT # 141k March 31, 1990 FILE # 1608-0010 PAGE1 -------------------------- FOR PROFESSIONAL SERVICES RENDERED BE: Section 32 Petition, Chapter 429 03/05/90 SPC 03/05/90 SPC 03/06/90 SPC 03/06/90 FWK 03/08/90 FWK 03/09/90 SPC 03/09/90 SPC 03/09/90 FWK 03/27/90 SPC 03/28/90 SPC 03/28/90 SPC 03/29/90 SPC PROFESSIONAL SERVICES Review documents - Fraser memorandum Review documents- Vierling memorandum Review documents Research; Prepare for hearing Trial Prep Phone conference - FWK Attend hearing Prepare for and Attend hearing Phone conference - opposing attorney, S Caswell Phone conference - opposing attorney, S Caswell Phone conference - client Phone conference - client Carlson, Steven P. Knaak, Frederic W. TOTAL HOURS TOTAL FEES MONTHLY TOTAL TOTAL AMOUNT DUE 7.00 420.00 6.50 390.00 $1,553.25 $1,553.25- $0.00 $0.00 1.00 60.0 0.50 30.0 2,00 120.00 1.50 90.00 2.50 150.00 0.50 30.00 1.50 90.00 2.50 150.00 0.50 30.00 0.25 15.00 0.50 30.00 0.25 15.00 13.50 I declare, under the penalties of law, tha / the a ov account, claim or demand is true and correct. Frederic W. Knaak m $810.00 Rauenhorst Carlson & Rnaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 STATEMENT # 1416 March 31, 1990 FILE # 1608-0014 PAGE 1 ------------------------------------------------------------------------------ ACCOUNTS RECEIVABLE BALANCE FORWARD $360.00 PAYMENTS RECEIVED SINCE 02/28/90 $360.00- CREDITS ISSUED SINCE 02/28/90 $0.00 RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED RE: 201 Condemnation PROFESSIONAL SERVICES 03/16/90 SPC Phone conference - L. Bohrer 0.75 45.00 ( 03/19/90 SPC File review 0.75 45.00 03/19/90 SPC Conference with L. Bohrer, M. Banister 3.00 180.00 03/19/90 SPC Letter to L. Bohrer 0.25 15.00 03/19/90 SPC File review 0.25 15.00 03/20/90 SPC Review correspondence from client - MPCA 0.50 30.00 letter Carlson, Steven P. 5.50 330.00 TOTAL HOURS 5.50 TOTAL FEES 330.00 DISBURSEMENTS 03/19/90 Facsimile Charges - Outgoing 2.D0 TOTAL DISBURSEMENTS 2.00 MONTHLY TOTAL $332.00 TOTAL AMOUNT DUE $332.00 ( I declare, under the penalties of law, tha v account, claim or demand is true and correct. Frederic W. Bnaak Rauenhorst Carlson & Knaak Suite #200- 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo STATEMENT # 141k Attention: Marilyn March 31, 1990 3880 Laverne Avenue North FILE # 1608-0015 Lake Elmo, Minnesota 55042 PAGE 1 ------------------------------------------------------------------------------ ACCOUNTS RECEIVABLE BALANCE FORWARD $580.00 PAYMENTS RECEIVED SINCE 02/28/90 $580.00- CREDITS ISSUED SINCE 02/28/90 $0.00 RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED RE: Madson, Hugh Mandamus Lawsuit PROFESSIONAL SERVICES 03/20/90 FWK Phone conference - opposing attorney; 0.75 45.r Conference with SC Knaak, Frederic W. 0.75 45.00 TOTAL HOURS 0.75 TOTAL FEES 45.00 MONTHLY TOTAL $45.00 TOTAL AMOUNT DUE $45.00 I declare, under the penalties of law, that account, claim or demand is true and correct. Frederic W. Knaak Rauenhorst Carlson & Snaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo STATEMENT # 1418 Attention: Marilyn March 31, 1990 3880 Laverne Avenue North FILE # 1608-0016 Lake Elmo, Minnesota 55042 ACCOUNTS RECEIVABLE BALANCE FORWARD PAYMENTS RECEIVED SINCE 02/28/90 CREDITS ISSUED SINCE 02/28/90 RETAINER BALANCE FOR PROFESSIONAL SERVICES RENDERED RE: Ordinances, Opinions & Other PROFESSIONAL SERVICES 03/29/90 . SPC Review documents 03/29/90 SPC Letter to client Carlson, Steven P. 0.50 TOTAL HOURS TOTAL FEES MONTHLY TOTAL TOTAL AMOUNT DUE PAGE 1 30.00 0.25 0.25 0.50 I declare, under the penalties of law, that h 'te account, claim or demand is true and correct. Frederic W. Bnaak $300.00 $300.00- $0.00 $0.00 15.00 15.00 30.00 $30.00 $30.00 Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 ACCOUNTS RECEIVABLE BALANCE FORWARD PAYMENTS RECEIVED SINCE 02/28/90 CREDITS ISSUED SINCE 02/28/90 RETAINER BALANCE FOR PROFESSIONAL SERVICES RENDERED RE: Rogers, Joseph PROFESSIONAL SERVICES 03/21/90 FWK File review Knaak, Frederic W. 0.50 TOTAL HOURS TOTAL FEES MONTHLY TOTAL TOTAL AMOUNT DUE STATEMENT # 141� March 31, 1990 FILE # 1608-0017 PAGE 1 ---------------------------------- $92.00 $92.00- $0.00 $0.00 0.50 30.7 30.00 0.50 30.00 I'declare, under the penalties of law, tha v account, claim or demand is true and correct. 'Lt Frederic W. Knaak $30.00 $30.00 Rauenhorst Carlson & Rnaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo STATEMENT # 1421 Attention: Marilyn March 31, 1990 3880 Laverne Avenue North FILE # 1608-0021 Lake Elmo, Minnesota 55042 ------------------------------------------------------------------------------ PAGE 1 ACCOUNTS RECEIVABLE BALANCE FORWARD $150.00 PAYMENTS RECEIVED SINCE 02/28/90 $150.00- CREDITS ISSUED SINCE 02/28/90 $0.00 RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED RE: Federal Land PROFESSIONAL SERVICES 03/01/90 SPC Phone conference - opposing attorney 0.25 15.00 03/01/90 SPC Phone conference - opposing attorney 0.25 15.00 03/01/90 SPC Conference with FWR 0.25 15.00 03/22/90 SPC Phone conference - client 0.25 15.00 03/22/90 SPC Phone conference - opposing attorney 0.25 15.00 03/26/90 SPC Phone conference - opposing attorney 0.25 15.00 03/26/90 SPC Phone conference - client, M. Seuffner 0.50 30.00 03/27/90 SPC Phone conference - opposing attorney 0.25 15.00 03/27/90 SPC Phone conference - client 0.25 15.00 03/30/90 SPC Conference with Staff and Federal Land 2.00 120.00 Carlson, Steven P. 4.50 270.00 TOTAL HOURS 4,.50 TOTAL FEES 270.00 MONTHLY TOTAL $270.00 TOTAL AMOUNT DUE $270.00 I declare, under the penalties of law, tha21�1 �i o /=ccount, claim or demand is true and correct. (L1 f. Frederic W. Knaak Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 STATEMENT # 1421 March 31, 1990 FILE # 1608-0029 PAGE 1 ACCOUNTS RECEIVABLE BALANCE FORWARD $45.00 PAYMENTS RECEIVED SINCE 02/28/90 $45.00- CREDITS ISSUED SINCE 02/28/90 $0.00 RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED BE: Cosy Cove - Condemnation PROFESSIONAL SERVICES 03/13/90 SPC Phone conference - J. McNamara 0.25 15.00 03/13/90 SPC Phone conference - D. Haase 0.25 15.0E 30.0E 03/13/90 SPC File review 0.50 03/13/90 SPC Trial Prep 1.50 90.00 03/13/90 SPC Phone conference - D. Haase 0.50 30.00 03/14/90 SPC Attend hearing 1.25 75.00 03/14/90 SPC Draft Findings 1.50 90.00 03/14/90 SPC Phone conference - D. Haase 0.50 30.00 03/14/90 WP Word Processing 6.00 30.D0 03/15/90 SPC Phone conference - client 0.50 30.00 03/16/90 SPC Phone conference - J. McNamara 0.25 15.00 03/16/90 SPC Revise documents - proposed order 0.50 30.00 03/16/90 SPC Letter to court 0.25 15.00 03/19/90 WP Word Processing 8.00 40.00 03/19/90 cc Carbon copy to client 8.00 28.00 Carlson, Steven P. 7.75 465.00 Word processing 14.00 70.00 Carbon copy/client 8.00 28.00 TOTAL HOURS 29.75 TOTAL FEES 563.00 MONTHLY TOTAL $563.00 TOTAL AMOUNT DUE ` $563.00 f I declare, under the penalties of law, that jh�;WoWcount, claim or demand is true and correct. Rauenhorst Carlson & Knaak Suite #200 2665 Long Lake Road Roseville, Minnesota 55113 City of Lake Elmo Attention: Marilyn 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 STATEMENT # 1420 March 31, 1990 FILE # 1608-0018 -----------------------------------------------------PAGE----�----------------I ACCOUNTS RECEIVABLE BALANCE FORWARD $267.00 PAYMENTS RECEIVED SINCE 02/28/90 $267.00- CREDITS ISSUED SINCE 02/28/90 $0.00 RETAINER BALANCE $0.00 FOR PROFESSIONAL SERVICES RENDERED BE: Derrick Land Fill PROFESSIONAL SERVICES 03/01/90 SPC Conference with FWK 0.25 15.00 03/01/90 FWK File review 0.75 45.00 03/05/90 SPC File review 0.50 30.00 03/05/90 SPC Prepare for pre-trial 0.50 30.00 03/05/90 SPC Attend pretrial 2.00 120.00 03/15/90 SPC Research 4.00 240.00 03/15/90 SPC Prepare for pre-trial, motion hearing 3.00 180.00 03/16/90 SPC Draft documents - Motion & Memorandum - 3.00 180.00 Summary Judgment 03/16/90 SPC Revise documents - Motion & Memoradum 1.50 90.00 03/16/90 SPC Phone conference - opposing attorney 0.25 15.00 03/16/90 SPC Review documents - opposing attorney's 1.50 90.00 brief 03/16/90 WJM Letter to Tom Radio 0.25 13.75 03/16/90 WP Word Processing 13.00 65.00 03/16/90 WP Word Processing 1.00 5.00 03/16/90 cc Carbon copy to client 1.00 3.50 03/19/90 SPC Prepare for pre-trial 1.50 90.00 03/19/90 SPC Attend hearing 1.25 75.00 03/19/90 SPC Memo to file 0.50 30.00 03/19/90 WP Word Processing 2.00 10.00 03/21/90 SPC Review correspondence/opposing attorney 0.50 30.00 03/21/90 FWK Review documents; File review 0.50 30.00 03/27/90 FWK Review correspondence/opposing attorney; 0.75 45.00 Research 03/29/90 FWK File review 0.25 15.00 Carlson, Steven P. 20.25 1,215.00 Knaak, Frederic W. 2.25 135.00 Word processing 16.00 80.00 Carbon copy/client 1.00 3.50 Magnuson, Wendy J. 0.25 13.75 CONTINTT_ City of Lake Elmo STATEMENT 1420 PAGE 2 ------------------------------------------------------------------------------ PROFESSIONAL SERVICES TOTAL HOURS 39.75 TOTAL FEES 1,447.25 DISBURSEMENTS 03/16/90 Facsimile Charges - Outgoing 45.00 03/27/90 Facsimile Charges - Outgoing 2.00 TOTAL DISBURSEMENTS 47.00 MONTHLY TOTAL $1,494.25 TOTAL AMOUNT DUE $1,494.25 I declare, under the penalties of law, th *e account, claim or -demand is true and correct. Frederic W. Knaak ®sue INVOICE MAR 1 4 1990 Ms. Mary Kueffner, Acting City Administrator Date: March 9, 1990 City of Lake Elmo 3800 Laverne Avenue North Invoice Number: 5175.001 VR3 Lake Elmo, MN 55042 DPRA Project Number: 5175.001 Subject: EIS Review for Proposed Landfill Site G in Lake Elmo Professional Services from 1/26/90 through 2/25/90: CURRENT CUMULATIVE REMAINING Hours Dollars Hours Dollars Hours Dollars 1. DPRA-Labor o Professional 32 2,449.14 181 11,512.42 501 27,376.58 o Clerical/Accounting 3 112.48 21 631.47 24 824.53 35 2,561.62 202 12,143.89 535 28,201.11 2. Geraghty & Miller Subcontract Labor and Expenses .5 52.50 19.5 2,090.87 443.5 46,744.13 3. Other Direct Costs o Computer/Word Proc. - 23.10 o Copies 21.96 36.00 o Telephone/Postage - - o Mileage, Misc. - 24.72 21.96 83.82 4. Totals 35.5 2,636.08 14,318.58 968.5 74,861.42 Total Amount Due This Invoice . . . . . . . . .$2,636.08 200 Research Drive P.O. Box 727 Manhattan. Kansas 66502 Telephone M-5:93565 Fax 913-539-5353 Telex 704314 Other offices: Washington. D.C.. St. Paul. Chicago, Denver, Dallas. Kansas City. Oak Ridge. Kisumu. Kenya PROGRESS REPORT Project: EIS Review for Proposed Landfill Site G in Lake Elmo Project #: 5175.001 Date: March 12, 1990 Reporting Period: 1/26/90 - 2/25/90 Activities Undertaken During the Reporting Period The project team of DPRA Incorporated and Geraghty and Miller, Inc. reviewed the Hydro/Geo Tech memo and began to develop comments and criticisms of the memo. The project team continued their search and review of additional information on the geologic and hydrogeologic characteristics of the area around Site G. The project team also began the risk modeling effort by ini- tiating development of input values for the release and transport modeling. Activities Anticipated Next Month During the month of March, the project team will continue their review of the Hvdro/Geo Tech memo and additional information on the geologic and hydro - geologic characteristics of the area around Site G. This latter review will include a review of the preprint version of the Geologic and Hydrogeologic Atlas for Washington County currently being prepared by the Minnesota Geological Survey. Also during this month, the project team will initiate review of the health risk tech memo, if it becomes available, and initiate landfill release and groundwater transport modeling if landfill design para- meters become available. Changes in Personnel and Schedule No changes in personnel. If the health risk memo does not become available in March, the review of the memo and initiation of the modeling would be delayed until the memo becomes available. Since we do not have time to discuss every point presented., it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip, or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL APRIL 3, 1990 6:15 p.m. E X E C U T I V E S E S S I O N 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: February 26, 1990 March 20, 1990 3. CLAIMS 4. REAPP REPORT 7:30 p.m. 5. CITY ENGINEER'S REPORT: A. 201 Users Fee Continuation) B. 15th Street Update C. SWI Update D. Set Dates for Street Improvement Hearings 1. Layton Avenue 2. Legion Avenue 3. 33rd Street and Laverne Avenue E. Other 6. PLANNING/LAND USE/ZONING: A. Comprehensive Plan B. Other 7. CITY COUNCIL REPORTS: B. CITY ATTORNEY'S REPORT: 9. CITY ADMINISTRATOR'S REPORT: A. Update on Container Distribution B. Administrator's Contract C. Earth Day Resolution D. Joint Council/Parks Meeting E. Board of Review Schedule F. Other 10. ADJOURN