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05-15-90 CCM
' DATE APPROVED: 6/5/90 1 DATE ISSUED: 6/15/90 }ti ���� AKE ELMO CITY COUNCIL MINUTES r' . MAY 15, 1990 ( Acting Mayor Todd Williams called the City Council meeting to order at 7:03 p.m. in the Council chambers. Present: Williams, Hunt, Graves, Armstrong, City Engineer Larry Bohrer and Administrator Kueffner. Absent: Mayor Dunn. 1. AGENDA 6A. Recycling Bin Distribution, 6B. Tree Planting, 7C. Update on Section 32 M/S/P Graves/Hunt - to approve the May 15, 1990 City Council agenda as amended. (Motion carried 4-0). Kathy Partridge, Lake Elmo Jaycee's Chair of Huff n'Puff, requested City's support for the annual Huff N'Puff Days celebration August 9 thru 12, 1990 in the City of Lake Elmo. ACTING MAYOR TODD WILLIAMS PROCLAIMED AUGUST 9 THROUGH 12, 1990 AS HUFF N'PUFF DAYS IN THE CITY OF LAKE ELMO. Williams extended the City's appreciation to the Jaycees for their monetary donations and labor contribution. 2. MINUTES: May 1, 1990 Councilwoman Armstrong reported Mayor Dunn was out-of-town and asked that consideration of these minutes be postponed until the June 5th Council meeting. M/S/P Graves/Armstrong - to postpone consideration of the May 1, 1990 Council Minutes until the June 5th City Council meeting. (Motion carried 4-0). 3. CLAIMS M/S/P Hunt/Graves - to approve the May 15, 1990 Claims #93268 thru #93338 as presented. (Motion carried 4-0). 4. REAPP REPORT Todd Williams reported a meeting will be held Friday, 5/18/90, between the City (Todd will be the representative of the City Council), County and Attorney Ellen Sampson to discuss restrictive covenants which were stated in the letter sent to Washington County and to discuss the response received from our consulting engineer regarding the County's hydrogeological technical memorandum. ReAPP has agreed to subcontract with the natural fruit drinks vendor to sell these beverages at the Olympic Festival, but will have to contact Washington County for approval. LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 2 5. PLANNING/LAND USE AND ZONING: A. PUBLIC HEARING: Improvement of 33rd Street from Lake Elmo Avenue to Laverne and Laverne from 33rd Street to Highway 5 B. PUBLIC HEARING: Old Village Drainage Improvements Acting Mayor Todd Williams opened up the Public Hearing at 7:12 p.m. in the Council chambers. The Public Hearing notice was published in the St. Croix Valley Press and all affected property owners were notified. City Engineer, Larry Bohrer, presented a proposal for a combination of two projects: a storm water program and improvements for 33rd Street from Lake Elmo Avenue to Laverne Avenue and Laverne Avenue from 33rd Street to Highway 5. Street Improvement: Laverne Avenue and 33rd Street N. would be constructed to MSA Standards. Laverne Avenue would be 34 feet wide with concrete curb and gutters and 33rd Street would be 47 feet wide. This street design would allow for angle parking on the south side of Upper 33rd, and parallel parking on the east side of Laverne Avenue. The Upper 33rd St. right-of-way is currently only 47 feet wide. It is proposed to purchase 13 feet on the south side from the Lake Elmo Hardwood Lumber Company in order to meet the MSA standard of requiring a 60 foot wide right-of-way. The cost of right-of-way acquisition is eligible for MSA Funds. The total estimated cost of the street improvements is $181,700. Drainage Improvements: In order to reconstruct Laverne Avenue, drainage improvements must be made. It is proposed to construct a trunk storm sewer from the existing culvert under the railroad tracks to the existing culvert west of Laverne Avenue. Bohrer explained the three outfall routes (Route A, B, C) studies for this report. The selection of the storm sewer route is dependent upon the ease or difficulty of obtaining the necessary easements. The estimated assessments were calculated on the basis of Route C. Preliminary Financing Plan: (assuming Storm Sewer Route C). Street Construction $146,700 Storm Sewer $211,600 Eng, Legal, Adm. 71,700 Easements 15,000 $445,000 TOTAL PROJECT COST Estimated MSA Construction Funds the City would get reimbursed: $253,700 MSA Maintenance Funds Available: $ 42,300 Remaining Amount to be Assessed: $149,000 Bohrer proposed to assess each abutting parcel for the street construction and recommended the assessment rate of $20 a Front Foot. For the purpose of drainage, the assessment rate for the storm sewer LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 3 improvement would be 5.06 cents per sq.ft. A typical residential lot on 33rd Street or Laverne Avenue would receive an estimated assessment of $2,600. Agricultural land to the west and east is proposed not to be assessed for the following reasons: (1) the purpose of the Drainage Improvement is to manage the drainage as it goes through the Old Village Area in a manner it doesn't cause property damage; (2) Runoff that is either originating or passing through by way of Ag land is considered to be a pre-existing condition; and (3) The Future Land Use in the most recent version of the Comp Plan shows these areas to be in a long term Ag use. If the project goes ahead, property owners have the option of paying the assessment within 60 days without interest. Otherwise, the amount will be placed on property tax statements to be paid. Dick Pearson, 1109 Crestview Drive, Hudson, WI stated he owns the building at 3476 Lake Elmo Avenue and asked how he would be assessed. Bohrer explained the building was not abutting the streets discussed so he would only have a drainage assessment of $110. Mike Mazzara, 11259 30th St. N., asked if there was any plan for expanding the easement where Egon Lohmann lives on 35th Street because the water has backed up in the past. Bohrer: This area is sufficiently large enough to carry water. When the water backed up it was because of possible restrictions downstream. Eugene Markgraf, 11002 Upper 33rd St., asked what about the water that comes from the south side of the track? Bohrer: These properties are included and will be assessed. John Schiltz, Lake Elmo Inn, indicated he did not feel he contributed to the drainage and asked when did he get involved. He was socked for over $20,000 for the 201 Project and gets charged for yearly pumping, but has had to pump every month. He added it was hard to run a small business in this city when you're put into situations like this that you have no control over. Bohrer: when the water runs off in the spring, this water gets into the 34th Street storm sewer. Donald Durand, 2901 Lake Elmo Avenue N., asked what effect will the 201 septic system have on water quality? Bohrer: Water runs there now in a sheet, and we have monitor wells where we can see if there is any groundwater contamination. Peter Schiltgen, 10880 Stillwater Blvd., stated there never use to be water standing in those fields and didn't feel he should have to take this water. He guaranteed he would fight the City's efforts to procure an easement over his property for the storm sewer. He noted the airport does not restrict their water so this water stands in his fields and ruins his crops. Mr. Schiltgen stated "People say this is only farmland. Ag land around here seems to be a dirty word, and I am sick of it". John Lengyl, Gerbitz Co., stated he was affected by the drainage from the northside of Highway 5 and at times has water in his basement. Mr. Lengyl was informed he would not be assessed for this project. LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 4 Jack Hasley, lives on his Dad's property, asked why can't this money come out of the General Fund? The City could have larger taxes and pay for these improvements out of this tax levy. He questioned his direct benefit from Layton Avenue. Councilman Williams asked if the engineer's figures included the costs of obtaining easements. Bohrer: yes, but they would have to be appraised. Councilman Hunt asked if we could not use MSA Funds and create a non -urban road? Bohrer: Yes, the rule is tied for funding. Hunt: If we were to change this road from a collector street to one level less, would that change the MSA requirements? Bohrer: No, it has to be a collector street before you can designate it as a Municipal State Aid street. Councilwoman Armstrong asked what happens to Reid Park when water is diverted. Will there be additional water going into Reid Park? What is the effect on Downs Lake? Bohrer: The water actually bypasses Reid Park and ends up in Downs Lake. There would be no measurable affect on Downs Lake. All the water is going there now. It is just causing damage along the way. Councilman Graves asked why were these improvements assessed on a front foot basis because other street improvement projects have been assessed on a per lot basis. Bohrer: This is a mix of land use --open space to residences to commercial to industrial. This is the first urban type street improvement in the City. He felt it was appropriate for everyone to pay for what their portion of construction costs really are, which is reflected in the amount of frontage owned. Acting Mayor Williams closed the Public Hearing at 8:20 p.m. The Council had,no objections to the assessment method, but requested time to review the information submitted by the City Engineer on the improvements of 33rd Street and the Old Village Drainage Improvements. Larry Bohrer will explore the option of running the storm sewer pipe along the railroad tracks. M/S/P Graves/Hunt - to postpone further consideration of improvements until the June 5th City Council meeting. (Motion carried 4-0). C. PUBLIC HEARING: Interim Ordinance to regulate the use of water on Lake Elmo during the Olympic Festival. Acting Mayor Williams opened up the Public Hearing at 8:30 p.m. At a previous meeting, the Council adopted a resolution that authorized controlled use of Lake Elmo during certain hours of the Olympic Festival. The DNR has requested this be done through an ordinance. Therefore, a public hearing was called to consider an interim Ordinance regulating the use of water on Lake Elmo during the Olympic Festival. LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 5 In regard to a property owner's comment for consideration be given non -motorized watercraft, Administrator Kueffner contacted the Olympic Committee who stated they had every intention for lake residents to use the water. Don Durand, 2901 Lake Elmo Avenue, stated his residence on Lake Elmo received a public hearing notice, but his business, Pierre's Pier didn't receive a notice. He requested notices be sent there. He also informed the Council he has not received a letter from the Olympic Committee in regard to reimbursement for closing of his business for ten days. Durand voiced his concern on proper enforcement of this ordinance because, based on the last lake event, there was a noticeable lack of enforcement. Mrs. McLeod, 2543 Lake Elmo Avenue, voiced her concern on regulating parking, picnicing, swimming and tossing cans onto private property along the lake. Acting Mayor Williams closed the Public Hearing at 8:45 p.m. On a separate issue, Don Durand volunteered to Chair a Lake Committee to look into the possibility of controlling the size and speed of boats on the lake. Since the Regional Park has opened, he indicated he has found the boats to be too large or travelling too fast for the size of the lake. The Council. amended Items F, G, H, I. in the Ordinance to include "no boat traffic will be allowed on Lake Elmo with the exception of non -motorized boats from adjacent private property and all such boats must remain motionless during the competition." The Council asked the City Administrator to contact the Olympic Festival Committee about Don Durand's special request for reimbursement for loss of business from Pierre's Pier. M/S/P Hunt/Graves - to adopt Ordinance 8030, as amended, as an interim ordinance to control and regulate the use of the waters of Lake Elmo in the City of Lake Elmo during certain hours and certain days for the duration of the U.S. Olympic Festival. (Motion carried 4-0). D. PUBLIC HEARING: Joseph Kiesling, 9359 Jane Road N. Shoreland Permit & Variance Acting Mayor Williams opened up the public hearing at 8:55 p.m. Mr. Joe Kiesling, 9359 Jane Road N., has requested a variance to the 100 feet setback from the Ordinary High Water Mark for the purpose of constructing a walkway and deck to an existing structure. Mr. Kiesling submitted the following: (1) A letter from Karen Chandler, Barr Eng., stating prior to the raising of his home in 1988, which required the placement of fill, his home was within the 100-year flood plain. The low floor elevation of the home was Elevation 924.3 feet. As a result of the raising and LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 6 filling, the home is no longer within the flood plain or lower than the OHW. (See Chandler letter dated 4/4/90). (2) A letter was submitted from DNR stating they could not approve any further waterward encroachment at this site and would be opposed to a variance or the walkway. They realize that there are decks constructed on other non -conforming houses, but none of these houses have footings in the lakebed. This structure is at a zero setback from the OWHW elevation, and prior to filling, was in the lakebed. (See DNR letter dated 5/10/90). (3) A letter from Mrs. Carl Paul, neighbor to Mr. Kiesling, indicating her approval for construction of a deck. Larry Bohrer reported the elevations and measurements the DNR quoted are accurate. When the original owner had the house it was below the OHWM, and there was water in the lower level for years. When the house was raised, the footings were put below the original lakebed elevation. The lakeside of yard is not natural --it was created by fill. Therefore, whatever setback there is, exists by virtue of fill being placed. The setback was created. The Keane house was in the Flood Plain. Councilman Hunt asked for clarification of the DNR's original position on the permits to allow this house to be reinhabited and what numbers the DNR were working from. Bohrer felt the DNR was saying the fill was placed by a variance to the regulations, and now, because the variance was granted, that is being used as .justification for another variance. Councilwoman Armstrong pointed out in the August 1, 1989 Council Minutes the staff recommended neither these proposed, nor any future variances be allowed on this property based on its close proximity to the lake. The applicant was informed by the DNR, by a letter to David Keane and subsequently transferred to Mr. Kiesling, clearly stating that no deck would be allowed. Acting Mayor Williams closed the public hearing at 9:17 p.m. The Council asked the City Administrator to request clarification from the DNR as to the reason for their position. Was it based on Mr. Kiesling being here for a variance now because he had a variance granted previously? Is the DNR aware of what the VBWD claims to be the current elevation and current setback? If they were not aware of this, would these figures change their mind. M/S/P Hunt/Graves - to postpone consideration until the June 5, 1990 City Council meeting in order to receive clarification from the DNR. (Motion carried 4-0). E. Shoreland Permit: David Brown, 7990 50th Street N. David Brown has applied for a shoreland permit tq c n truct a 26' x 20' garage on their property at 7990 50th St. Jim c amara, Building LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 7 Official, reported in his letter dated 5/15/90 that all setback requirements can be met for the garage. Therefore, no variances are necessary. The Brown's septic system was updated by the 201 program and is an off -site system making use of the mound East of their property. The location of the proposed garage is appropriate for this lot. The minimal amount of fill needed is to be placed in the location of the proposed garage in order for the structure to have a proper elevation for surface water runoff. M/S/P Graves/Armstrong - to approve a shoreland permit for David Brown, 7990 50th Street N., to construct a 26' x 20' garage based on Jim McNamara's letter stating all setback requirements can be met; therefore; no variances are necessary. (Motion carried. 4-0). F. Application for Conditional Use Permit Ron Mack/Ron's Sanitation, 5749 Lake Elmo Avenue Ron Mack, Owner of Ron's Sanitation, has applied for a Conditional Use Permit to store his trucks from his sanitation business at 5749 Lake Elmo Avenue in the RR Zoning District. The Planning Commission held a public hearing on April 23, 1990 and recommended (9-0) the Council not grant a CUP to operate Ron's Sanitation in a Rural Residential Zoning District because this use was not in compliance with the Comp Plan and not compatible to the RR Zoning District. Ray Flynn, Attorney for Ron Mack pointed out contrast of various other uses in the RR Zoning District which this property is currently zoned: 1. Asphalt Plant received a C.U.P. in a RR Zone. 2. Mr. Bergmann runs a nursery which is a commercial operation and a concrete business at the same location with a C.U.P. based on plant growing. 3. Mr. Powers has been running a dog kennel for 7 or 8 years with no C.U.P. 4. An individual is storing construction equipment about one-half mile South of this property with no C.U.P. Flynn raised the question "does Mr. Mack need a C.U.P. to store his trucks on the property? The request is not to run his business out of this property." The Council pointed out the asphalt plant was temporary in order for Hwy. 36 to be paved. This saved the taxpayers money, traffic time, wear and tear on the freeway and was totally cleaned up. Dan Powers stated his hobby is raising 3 adult dogs and. 1 National Champion. He has one litter a year. He shows the dogs, but there is no grooming or operates a commercial operation. Powers stated "I agree I stand in arrears in not applying for the proper permit." LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 8 Eileen Bergmann stated they were zoned Agriculture, not Rural Residential. They are running a farming operation. Along with this operation, they do not sell anything but what goes along with a nursery; such as, plants, fertilizer and pots. Irving Anderson, Maplewood, stated he was at the PZ meeting and believed the PZ erred in their interpretation of the reqeust. Discussion centered around operating a business from the property, itself, as opposed to the request for storage of vehicles. Mr. Mack does not conduct his business from that location. The business is conducted on public streets, collecting refuse from homes, and dropping off the refuse at the plant. Mr. Mack will continue to operate his business out of Maplewood and would strictly store his trucks on this property. His son, who works for the business, would live in the home at 5749 Lake Elmo Avenue. M/S/P Hunt/Graves - to deny the request for a Conditional Use Permit by Ron Mack, Ron's Sanitation, for 5749 Lake Elmo Avenue based on this use is not in compliance with the Comp Plan and not compatible with the designated Rural Residential Zoning District and based on the PZ's recommendation (9-0) for denial. (Motion carried 4-0). G. Application for Conditional Use Permit for Golf Driving Range Ray Salus, 404 Lake Elmo Avenue The Planning Commission held a public hearing on April 23rd on Ray Salus' request for a C.U.P. to operate a Golf Driving Range in the RR Zoning District. The PZ tabled action until. the May 14th PZ meeting, but the applicant appeared before the Council on May 1st to get a consensus of how the Council felt about this proposal. The minutes indicate the majority of the Council members had no problem with the Golf Driving Range, but were not in favor of the minature golf course. Ray Salus has removed the minature golf course from this proposal. At their May 14th meeting, the PZ discussed this property be downgraded to AG with a variance to size (property is 28.5 acres in size where the code requires 40 acres) and a C.U.P. for the golf driving range. The PZ deemed the land use appropriate for a golf driving range for this property, but with no recommendation as to the method the Council use to allow the proposal, provided the following conditions for a Conditional Use Permit are followed. (See draft PZ Minutes 5/14/90). Dick Herold, Washington County, asked the Council to consider proper control at the intersection and asked they allow the Wash. Cty. Traffic Eng, review the site plan. Councilman Williams indicated, at this time, he did not see a hardship for a variance and pointed out economics cannot be used as a hardship. M/S/P Hunt/Armstrong - to postpone consideration for a C.U.P. until such time the City Administrator can schedule a public hearing by the Planning Commission for a rezoning from RR to Ag. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 9 H. "The Forest" Developer's Agreement Larry Bohrer reported he has reviewed and recommends approval of the Construction Plans dated May 1, 1990, the Specifications dated April 2, 1990 and the plat received in this office on May 4, 1990 prepared for The Forest by BRW, Inc. Upon execution of the developer's agreement and delivery of the developer's security, the City will sign the final plat. M/S/P Hunt/Graves - to approve the Residential Planned Unit Development Agreement for The Forest. (Motion carried 4-0). I. CSAH 35 (50th Street) Improvements Dick Herold, Washington County, explained the County has prepared plans for the reconstruction of CSAH 35 (50th Street) from Olson Lake Trail to Hadley Avenue. The major features will be construction of a 44' wide urban design street with concrete curb and gutter and storm sewer. The improvements affecting Lake Elmo will be improvement of sight distance over the hill between Olson Lake Trail and Hilltop Avenue, re -aligning Hilltop Avenue intersection to perpendicular with 50th Street and improvement of the drainage east of Olson Lake Trail by diverting water from the south ditch of 50th Street to the north ditch by installation of a storm sewer. There is no cost to Lake Elmo for these improvements. Larry Bohrer has reviewed the plans and resolutions and recommended their approval. M/S/P Graves/Armstrong - to approve Resolution 90-21, A Resolution Approving Plans for Project No. S.A.P. 82-635-02 for Reconstruction or Improvement of County State Aid Highway No. 35 within the Limits of the City as a State Aid Project. (Motion carried 4-0). M/S/P Armstrong/Hunt - to approve Resolution 90-22, A Resolution requiring the City of Lake Elmo require parking of all vehicles within the corporate limits on this County State Aid Highway be parallel with the curb in accordance with the State -Aid. Standards. (Motion carried 4-0). J. Repeal of Appendix E requiring sprinkling of commercial structures which exceed 5000 square feet Guardian Angel's Church and Washington County have plans for building construction and indicated it would be cost -prohibitive to provide sprinkler protection under this ordinance. (See letter from Guardian Angels Church, 4-11-90). The Council received information from Afton and St.Croix Beach as to their reasons for rescinding the sprinkler system requirement. Administrator Kueffner reported Fire Chief, Dick Sachs, indicated it was his obligation to recommend adoption of the sprinkling requirement. LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 10 The Council discussed the information provided and felt that Lake Elmo acted without considering all of the implications of a sprinkling ordinance in an area where city water is not available. The Council recommended the Planning Commission hold a public hearing to consider repeal of the sprinkler ordinance. M/S/P Hunt/Armstrong - to direct the staff to set up a Public Hearing for the Planning Commission to consider repeal of the Sprinkler Ordinance (Appendix E) for commercial structures which exceed 5000 square feet. (Motion carried 4-0). 6. CITY COUNCIL REPORTS: A. Recycling Bin Kick -Off The Council requester a thank you be placed in the City Newsletter recognizing the volunteers who made the Recycling Bin Kickoff such a success. B. Tree Planting The Parks Commission planted 1,000 trees in Sunfish Park. The Council thanked the Commission and the volunteers for a job well done. C. Comprehensive Plan Councilman Williams suggested a Future Land Use Map be sent with the Comp Plan Public Hearing notice to every residence in the City. M/S/P Williams/Graves - to direct the staff to mail a Future Land Use Map with a Comprehensive Plan Public Hearing Notice to every mailing address with precise text noted by the City Administrator. (Motion carried 4-0). 7. CITY ADMINISTRATOR'S REPORT: A. Administrator's Contract The Personnel Committee met and submitted for Council review a Draft employment contract for the City Administrator. The Contract revisions were reviewed by the City Attorney. (See Employment Agreement attached). M/S/P Hunt/Graves - to approve the 1990 Employment Agreement, as revised, for Mary Kueffner, City Administrator. (Motion carried 4-0). B. Bids for weed and feed at Kleis Park The staff was directed to secure bids from several commercial lawn chemical applicators. Four quotes were reviewed: Organic Lawn Care $250.00/Application Ever -Green Lawns $200.00 " Chem Lawn $235.26 " Green Stuff $140.00 " LAKE ELMO CITY COUNCIL MINUTES MAY 15, 1990 PAGE 12 Ordinance No. 8030: Interim Ordinance to Control and Regulate the use of the waters of Lake Elmo in the City of Lake Elmo during certain hours and certain days for the duration of the U.S. Oylmpic Festival Resolution NO. 90-21: A Resolution Approving Plans for Project S.A.P. 82-635-02 for Reconstruction or Improvement of County State Aid Highway No. 35 within the Limits of the City as a State Aid Project. Resolution No. 90-22: A Resolution requiring parking by the City of Lake Elmo of all vehicles within the corporate limits on this County State Aid Highway be parallel with the curb in accordance with the State Aid Standards. EMPLOYMENT AGREEMENT This Employment Agreement made kN\p,j , 1990 between the City of refereed to as the "City") and Mary referred to as the "Administrator"). WITNESS: this ,5 day of Lake Elmo (hereinafter L. Kueffner (hereinafter Whereas, the City has engaged the services of the Administrator for the purpose of assisting the City Council in carrying out the administrative functions of the City and advise the Council in matters of general administrative policies consistent with the provisions of Chapter 412.151 of the Minnesota Statutes and applicable City Ordinances, and in consideration of this, the following terms and conditions are hereby approved: I. TERM City and Administrator both acknowledge that the Administrator is employed for an indefinite term. Administrator agrees to remain the the exclusive employ of the City until either party elects to terminate Administrator's Employment. -. Administrator's employment may be terminated by the City Council at any time. The Administrator may demand written reasons or charges and a hearing before the City Council prior to the date said removal is to take effect pursuant to the provisions of Minn. Stat. Chapter 412.641. Pending such a hearing, the Council may suspend the Administrator from office with pay. If either party wishes to terminate this Agreement, it may do so upon 30 days written notice. Termination of the Administrator by the City Council, whut-krazishall result in severance �o-1-es- -t� n 180 clays agg-reg-ate-s-a3-ar-y. pFN of A M) MOM OP 30 hAVSd � °04Ip�se��`p� ngP,.''����7�P5 ����,o�emac,oamen�4 �to � rn�x,mvm TUrRt S���ren�p.� Except as' provide hereinafter ,,nothing in this Agreement shall prevent, limit or interfere with the right of the City Council to terminate the services of the Administrator at anytime or to interfere with the right of the Administrator to resign at any time from her position with the City. II. COMPENSATION A. Salary. The City agrees to pay the Administrator an annual salary of $ 3q,j)60 per year as of 1-1_91 and thereafter, at such rate as may from time to time be fixed by the City Council. It is understood that the Administrator's salary will be reviewed annually and she will be given a performance appraisal prior to her annual reviews. B. Insurance. The City will pay full cost of hospital and medical insurance for the Administrator and her family. The City will pay and provide the group life insurance benefits, leaves and disabilities together with any additional benefits which are offered all other City personnel. C. Vacation. The Administrator shall continue to accrue and be entitled to vacation benefits pursuant to the City's personnel ordinance, and based on her original date of employment with the City; September 26, 1983. D. Miscellaneous Benefits. The Administrator shall continue to accrue and be entitled to holidays and sick leave coverage in the same manner as other City employees, and based on her original dat of employment with the City; September 26, 1983. E. Hours of Employment. Administrator shall devote full efforts to the business of the City. Both the City and Administrator recognize that the duties of this position will require work outside of the normal business hours of the City. Both parties agree to allow such scheduling adjustments as may be mutually agreeable to accommodatethe aforesaid duties. PROFESSIONAL DEVELOPMENT: The City agrees to budget and pay the travel and subsistence expenses of the Administrator for professional and official travel, meetings and occasions adequate to continue the professional development of the Administrator and to adequately pursue necessary official and other functions for the City, including, but not limited to, ICMA Conferences, State League of Cities, National League of Cities, State and International Cerk Conferences. The Administrator will use good judgement in her outside activities so that she will not neglect her primary duties to the City. The City also agrees to budget and pay for the travel, subsistence expense, tuition and books for courses or seminars that are necessary for professional growth, as approved by the City Council. CAR ALLOWANCE. The Administrator will be paid a car allowance of $100 per month to compensate her for all City driving on City businessewithitt #h® s�veaa-©unt3 mcigr-area. Ofizsx�ke--Gh�s�v�n Ce�x-ri-t�-•a�ea--a-r-a�Ge°•-c�� twe'rrtp�(:"6q•-c�°rrtgs�er°�m�lae°^i-n°--add��i�•r� to bhe$100 sh 1--1 be-peri.-d-t•Yre-A-dm•i-n-i-ski-e4&r-4�5hese rates -shall be subject to change from time to time, which will be accomplished by Council Resolution). This document contains the entire Agreement between the parties. There are no inducements or representations leading to its execution except those contained herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. Susan Dunn, Mayor Mary L. Kueffner, Administrator Approved as to Form: City Attorney r STATEMENT FROM EPA REPORT OF CONVERSATION WITH REGIONAL HEADQUARTERS, CHICAGO, 5/l/90 DR. BRUNO STAFFEN, SENIOR ENVIRONMENTAL EMPLOYEE, STATED THE FOLLOWING: 1. THE FEDERAL LEGAL DEFINITION OF "STORAGE" IS 90 DAYS AFTER GENERATION OF THE WASTE. 2. A SMALL QUANTITY GENERATOR WHO GENERATES LESS THAN 100 KILOGRAMS OF HAZARDOUS WASTE PER MONTH, MAY EXTEND THE STORAGE PERIOD TO 270 DAYS. 3. THIS EXTENDED PERIOD IS GIVEN SO THAT THE SMALL COMPANY, WHICH DOES NOT POSE A SERIOUS DANGER TO THE ENVIRONMENT, DOES NOT HAVE TO PAY EXORBITANT DISPOSAL FEES. 4. DR. STAFFEN IS VERY WELL AWARE OF MINNESOTA'S POLLUTION CONTROL AGENCY GUIDELINES. HE FEELS THAT IF WE STATISFY THOSE, (AMONG THE MOST RIGOUROUS IN THE COUNTRY), WE WOULD SATISFY STANDARDS ANYWHERE. 5. HE WILL BE GLAD TO VERIFY THIS INFORMATION FOR DR. WILLIAMS. DR. STAFFEN MAY BE REACHED AT THE EPA REGION V SOLID WASTE HOTLINE AT (312) 886-4001. Mary Ann E. Archer, Vice President Glass, Etc. STATEMENT OF 3M CORPORATION REPORT OF CONVERSATION WITH 3M CUSTOMER SERVICE DEPARTMENT, 5/l/90 1. MR. GARY LEGRAND, ENVIRONMENTAL SPECIALIST, GRAPHIC PRODUCTS MARKETING, STATED THAT THERE WERE NO PECULIAR CHEMICAL QUALITIES OR UNUSUAL INGREDIENTS WHICH WOULD MAKE THE 3M PRODUCTS WE USE UNUSUALLY HAZARDOUS EITHER AS INVENTORY OR AS GENERATORS OF WASTE. 2. HE STATED THAT DR. WILLIAMS COULD VERIFY THIS INFORMATION BY CALLING HIM AT 736-0268. Mary Ann E. Archer, Vice President Glass, Etc. CLAIMS TO BE APPROVED AT MAY 15, 1990 LAKE ELMO COUNCIL MEETING 93268 93292 93293 93294 93295 93296 93297 93298 93299 93300 93301 93302 93303 93304 93305 93306 93307 93308 93309 93310 )3311 93312 93313 93314 93315 93316 93317 93318 93319 9332'0 93321 93322 93323 93324 93325 93326 93338 (all claims are within budget unless otherwise noted) thru Firemen's First 1/2 Compensation $ 10,934.32 League of Minn. Cities - Annual Conference - 3 people 465.00 L.M.C. Housing - conference 225.00 The Courier - Garage sale ad 18.00 Bellaire Sanitation - Office dumpster 57.05 American Linen Supply - Oficce bldg maint. 32.60 Oakland Heating - Air Conditioning in Council chambers 45.00 Hagbergs Country Market - Office bldg supplies 84.03 American Typewriter - Office Supplies 235.76 Washington County Surveyors - maps 14.00 AT & T - Office Long, Distance $ 8.10 Maint. 2.03 Government Training Service - Rob Enes 7orkshop TKDA General $ 4,496.75 Pass Thru 140.42 Water System 869.94 MSA 4 187 '71 St. -Croix Animal Shee tei= Control City of North St. Paul = Animal Control vehicle Roseville Radio - Fire Dept. radio service Elmo's Lumber & Plywood - Fire Dept. bldg maint. Weber & Troseth - Fire Dept. supplies Greg Malmquist - travel expense T.H.T., Inc. - Fire Dept. parts & repair Hardware Hank - Fire Dept. supplies $ 30.73 Maint. Dept. 139'.52 Lake Elmo Oil - Fire Dept. $ 154.44 Bldg. Insp. 166.22 Maint. Dept. 40.67 Washington County Public Works-779=t & Sand $ 330.00 Signs 52.50 Thompson Hardware - Maint. Dept. supplies F.H. Bathke - Maint. Dept. supplies Lakeland Ford Sales - Maint. Dept. parts & repair Arrow Building Center - Maint. Dept. supplies Bryan Rock Products - Maint. Dept. Glenwood Inglewood - Maint. Dept. American Tool Supply - Maint. Dept. supplies Junker Sanitation - M'aint. Dept. dumpster Gopher State One -Call - Maint. Dept. Cleveland Cotton Products - Maint. Dept. supplies Consolidated Electric - Water Fund Pump repair thru May 18th payroll Total 10.13 69.00 9,694.82• 400.00. 165.00 72.40 10.44 25.50 34.50 86.47 170.25 361.33 382.50 143.60 10.24 139.79 37.96 80.65 12.60 33.45 53.00 30.00 182.97 421.00 9,852.19 :$::342590.55 �i INVOICE MAY - 4 1990 TK■ A TOLT Z, KING, DUV ALL, INCORPORATED a■A.f/.A4MrMw AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS - 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 B 121292�00 FAX e12/202.00e9 City of Lake Elmo P.O. Box J Lake Elmo, MN 55042 Date: April 30, 1990 Commission No: 9150-990 Invoice No: 011836 Period Ending: 03/31/90 For. Professional Services in ccnnection with Attendance at City Meetings. Agreement dated February 2, 1988. March 6, 1990 March 20, 1990 L. Bohrer - City Council Meeting 50.00 L. Bohrer - City Council Meeting 50.00 AMOUNT DUE ........................... $ 100.00 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 Apri1/-�30, 19 shL' C- /) 4 E. TOLTZ, KING, DUVAI,L, ANDERSON AND ASSOCIATES, INCORPORATED �i My Comm. Ezp,ms Aug a: 1995 M INVOICE MAY - 4 1990 �.( A AND A KING, DUVTES, IN , AN ORSON ATE AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS SAINT PAUL, MI NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 66787 61 00 FAX817612 /2G2.00B3 City of Lake Elmo. 3800 Laverne Avenue North Lake Elmo, MN 55042 Date: April 30, 1990 Commission No: 9150-000 Invoice No: 011834 Period Ending: 03/31/90 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1, Tartan Meadows 3rd Addition: L. Bohrer 1.00 Hrs. @ 25.53 = 2. Jeff Weid= Shoreland Permit: L. Bohrer 1.00 Hrs. @ 25.53 = 3. 1990 Sealcoat Project; L. Bohrer 8.50 Hrs. @ 25.53 = Expenses: L. Bohrer - Travel 25.53 x 2.75 = 70.21� `V 25.53 x 2.75 = 70.21) 217.01 x 2.75 = 596.78 5.72 4. old Village Drainage Studv• L. Bohrer 0.50 Hrs. @ 25.53 = 12.77 B. Cooper 1.00 Hrs. @ 8.80 = 8.80 J. Davidson 0.50 Hrs. @ 32.00 = 16.00 . D. Lyzenga 1.50 Hrs. @ 13.85 = 20.78 T. Prew 18.00 Hrs. @ 17.31 = 311,58 369.93 x 2.75 = 1,017.31 Expenses: TKDA Computer Service Fee (Mar) 199.26 Page 2 INVOICE Commission No. 9150-000 5. 201 User Charge: L. Bohrer 5.50 Hrs. @ 25.53 = 140.42 x 2.75 = 386.16 6. 201 Appeal: L. Bohrer 19.00 Hrs. @ 25.53 = 485.07 x 2.75 = 1,333.94 Expenses: L. Bohrer - Travel 7.54 7. cSAH 35 (50th Street) Plan Review L. Bohrer 2.00 Hrs. @ 25.53 = 51.06 x 2.75 = 140.42 Expenses: TKDA Truck Mileage (Mar) 7.54 8. Woodbury I-494 Access Plan - Review: L. Bohrer 10.00 Hrs. @ 25.53 = 255.30 x 2.75 = 702.08 AMOUNT DUE ........................ $ 4,537.17 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 Apri 30, 1990 �'-+��^' NOTARY PUBLIC-MIN�ECCTA RgMSEY C0UtJT4 138i �" MY ��' ExDuuy Aug TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED INVOICE TKDA TOLTZ,KING, DUVALL, ANDEFISON AND ASSOCIATES, INCORPORATED �l JINEERS ARCHITECTS PLANNERS 25M AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 9121292-4400 FAX 912/292-WW City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Date: April 30, 1990 Commission No: 9150-010 Invoice No: 011835 Period Ending: 03/31/90 For Professional Services in connection with the SW-1 Water System Analysis. Verbal Authorization to Provide Seperate Billing by City Administrator on March 22, 1990. SW-1 WATER SYSTEM: Personnel: Classification: L. Bohrer Senior Engineer J.T. Kirk Senior Engineer Reimbursable Expenses: L. Bohrer - Travel Billing Rate: 11.00 Hrs. @ 70.21 = 1.00 Hrs. @ 88.00 = AMOUNT DUE .................................. $ State of Minnesota ) ss County of Ramsey ) 772.32 88.00 9.62 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 thi date Apri30, 1 ` / ��/ / G ' k-2�c � +c E �wcy � <rv* LIItiDA E. S0.40R.Y " NOTARY PUBLIC—MINI RMMSEY COU'4TY My Comm. Expes Auo 4, W5 . vv.Ate+�n�v.��nnti�^/v`nwwvvvv`N.ti'� TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED I NAM NGINEERS ARCHITECTS PLANNERS City of. Lake Elmo 3800 Laverne Avenue No. Lake Elmo, MN 55042 INVOICE MP Y - 1990 TOLTZ, KING. DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 25WAMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101.1893 612/292.44W FAX 612/292 0083 Date: April 30, 1990 Commission No: 9325-02 Invoice No: 0118.46 Period Ending: 03/31/90 For Professional Services in connectionwith 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 AMOUNTDUE ................................. $ 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 April 1990. ,�nn,MrN�M.�V.nMAhhn�MMAMM LI;40A E. SCHO S NOTARY PUBLIC—MINNESOTA y�. RAIASEYfOUNTY IS} 0umrn. Exp,es Aug 4. 1735 .�rrvi✓wn vn�� TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES,6�4 /INCORPORATED INVOICE ENGINEERS ARCHITECTS PLANNERS City of Lake Elmo 3800 Laverne Avenue No. Lake Elmo, MN 55042 TOLTZ. KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED 2600 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 66101.1893 612/292.4400 FAX 612/292.00B3 Date: April 30, 1990 Commission No: 9492-02 Invoice No: 011856 Period Ending: 03/31/90 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: f T. Prew L. Bohrer J. Stenerson B. Cooper C. Schardin Classification: Registered Engineer Senior Registered Engin Technician Technician Technician Reimbursable Expenses: Computer Service Fee - Computer Services Billing Rate: 19.50 Hrs. @ 47.60 = 6.00 Hrs. @ 70.21 = .50 Hrs. @ 27.06 = 3.50 Hrs. @ 24.20 20.50 Hrs. @ 24.20 = AMOUNTDUE ............................... $ State of Minnesota ) ss County of Ramsey 928.20 421.27 13.53 84.70 496.10 3.96 1,947.76 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 thisate Apri .30, 1990. u MNNAIJ.M/NMMMM�.bVNM.MM,� / 4U` , LINDA E. SOHOREY s NOTARY PUBIC—PIIINIMTA Ii d' RAN"S.Y C::NITY MY Comm. Ex;..Ies lwT . vvwv.Nvv.•vwvw.lvva^n.vJ,. wr.. v.' ; TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED INVOICE rKTA TOZ.KING,DUVALL AND ASSOCIATES, IN6 OARNPOOERRASTOEND NGINEERS ARCHITECTS PLANNERS 250DAMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1893 612/292 44W FAX 612/292.0083 City of Lake Elmo 3800 Laverne Avenue No. Lake Elmo, MN 55042 Date: April 30, 1990 Commission No: 9720-01 Invoice No: 011879 Period Ending: 03/31/90 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) (9720-0.1): Personnel: Classification: Billing Rate: T. Prew Registered Engineer 19.00 Hrs. @ 47.60 = 904.40 �. L. Bohrer Senior Registered Engin 2.00_Hrs. @ 70.21 = 140.42 J. Davidson Senior Registered Engin .50 Hrs. @ 88.00 = 44.00 S. Bulls Senior Technician 18.00 Hrs. @ 53.96 = 971.28 C. Brewster Technician 2.00 Hrs. @ 35.48 = 70.96 Reimbursable Expenses: Computer Service Fee - Computer. Services 68.58 Thomas D. Frew - Travel - 5.20 AMOUNT DUE ................................. $ 2,204.84 State of Minnesota ) as 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 Apri0? 19/7 -\ r �_ / TOLTZ, KING, DUVALL, ANDERSON AND A�(SSSSJ�OOC/IATES, INCORPORATE�D4. I / L:,GCJCLC� LP2A E. Gi:IUOIZY NOTARY PUOLIC—MINNHOTA RAMSEY COUNTY N1y Comm. E%PIms Aug 4, 1995 a ORDINANCE NO. 8030 CITY OF LAKE ELMO SECTION I: PURPOSE AND INTENT: The intent of this ordinance is to control and regulate the use of the waters of Lake Elmo in the City of Lake Elmo, Washington County, Minnesota, during certain hours and certain days, for the duration of the U.S. Olympic Festival. SECTION 2: SURFACE OF USE DURING THE U iY RESTRICTING USE AND A. During the hours of 8:00 a.m. to 12:00 p.m. on July 5 and July 6, 1990, the boating activities on Lake Elmo shall be restricted to "no -wake" speed. B. During the hours of 4:00 p.m. to 8:00 p.m. on July 5, 1990, the boating activities on Lake Elmo shall be restricted to "no wake" speed. C. During the hours of 6:00 a.m. to 10:00 a.m, on July 10 and July 11, 1990, the boating activities on Lake Elmo shall be restricted to "no wake" speed. D. During the hours of 3:00 p.m. to 7:00 p.m. on July 10 and July 11, 1990, the boating activities on Lake Elmo shall be limited to "no wake" speed. E. During the hours of 7:00 a.m. to 11:00 a.m. and 3:00 p.m. to 7:00 p.m. on July 12, 1990, the boating activities on Lake Elmo shall be limited to "no wake" speed. F. During the hours of 8:00 a.m. to 11:30 a.m. and 4:00 p.m. to 7:00 p.m. on July 7, 1990, no boat traffic will be allowed on Lake Elmo with the exception of non -motorized boats from adjacent private property, and all such boats must remain motionless during the competition. G. During the hours of 8:00 a.m. to 11:15 a.m. and 4:00 p.m. to 7:15 p.m. on July 8, 1990, no boat traffic will be allowed on Lake Elmo with the exception of non -motorized boats from adjacent private property, and all such boats must remain motionless during the competition. H. During the hours of 6:30 a.m. to 10:45 a.m. on July 13 and July 14, 1990, no boat traffic will be allowed on Lake Elmo with the exception of non -motorized boats from adjacent private property, and all such boats must remain motionless during the competition. I. During the hours of 6:30 a.m. to 11:30 a.m. on July 15, 1990, no boat traffic will be allowed on Lake Elmo with the exception of non -motorized boats from adjacent private property, and all such boats must remain motionless during the competition. N SECTION 3: ENFORCEMENT: The enforcement of this ordinance shall be the primary responsibility of the Washington County Sheriff's Department. Other licensed peace officers including Conservation Officers of the Department of Natural Resources of the State of Minnesota are also authorized. SECTION 4: All authorized Resource Management, Emergency and Enforcement Personnel, while acting in the performance of their duties are exempt from the foregoing Restrictions. SECTION 5: PENALTIES: Any person who shall violate any of the provisions of this ordinance shall be guilty of a Misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Seven Hundred Dollars ($700.00) or by imprisonment of not more than ninety (90) days, or both. SECTION 6: EFFECTIVE DATE: This Ordinance shall be in effect upon its passage and publication from July 5, 1990 through July 15, 1990. ADOPTED by the Lake Elmo City Council this 15th day of May, 1990. Susan Dunn, Mayor ATTEST: Mary Kuettner,� city dministrator .., JUN, 31 190 13:17 T K D R & RSSOC. P.2 TOLTZ,KING, . ANDERSON h i AND A86041ATeS, IN09111PORAT0 D ENGINEER$ ARCHITECT$ PLANNERS 9500 AULA BAN SAINT PAUL, MNNNN TINAL ESOTA010i 9UIL4IN0 BiP/292�400 FAX 612&09-000$ June 1, 1990 Honorable Mayor and City Council City of Lake Elmo, Minnesota Re: J!,3rd Street and Laverne Avenue ld. rag*-Di Iugo1 ror vements Lake Elmo, Minnesota Conunission No. 9720 Dear Mayor and Council;: On May 15, 1990, a public hearing was held on the above referenced projects. Of the approximately 65 affected property owners who were notified of the hearing, the minutes indicate that only 8 persons spoke, Of the 8 person,%, only 5 were proposed to be assessed. The other 3 speakers were from outside the assessment area, Of the 8 persons who spoke, 5 just . asked questions and 3 spoke against the project or the assessment, No one who lives along the streets proposed to be improved spoke at the hearing. The City Office heard from at least one property owner after the hearing objecting to the assessment. Peter Schiltgen spoke most strongly against the project by stating he would fight any efforts to obtain easements across his land. The public hearing was closed, but no action was taken. The Engineer was instructed to investigate alternate routes along the railroad track. We have investigated other routes along the tracks or within the railroad righvofwway and have not found any that are feasible. Installing the pipes along the south side of the tracks involves deeper depths of excavation and would still involve an easement from Peter Schiltgen and others. The railroad right-of-way itself already contains the tracks, telegraph lines, two fiber optic cables, and a 12" high pressure gas main. Honorable Mayor and City Council Julie 1,1990 Page 2 P.3 From the feasibility study and subsequent investigation, two points have become very clear; the drainage improvements cannot be done without the street improvements because the financing plan relies on MSA. funds paying about 67% of the total costs; and the City will have to deal with Mr. Schiltgen regardless of which storm sewer option is chosen, It appears that the City has only two options; do nothing or order the improvements as proposed. The "do nothing" option only postpones dealing with the issue. Even if the complaints and property damage from the poor drainage can be tolerated, sooner or later 33rd Street and Laverne Avenue will have to be reconstructed. MSA funds cannot be used for the street unless proper storm sewer is also installed, However, when the Council orders the project and resolves to obtain the necessary easements, the property owners will know that the City will get the easements and may begin to negotiate with the City for the best route. Sincerely, Larry D. Bohrer, P.E. LDl3/mha ' CITY OF LAKE cL m,IV ELMO City ®®g Lake Elm® 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 NOTICE OF HEARING ON IMPROVEMENTS TO WHOM IT MAY CONCERN: Notice is hereby given that the Lake Elmo City Council will meet in the Council Chambm'rs of the City Hail at 7;30 P.M. on Tuesday, May 15, 1990, to consider snaking the following improvements, pursuant to Minnesota Statutes, Section 429,011 to 429.111., 33rd Street from Lake Elmo Avenue to Laverne Avenue and Laverne Avenue from. 33rd Street to T.H. 5 Municipal State Aid Street Improvements - Grading, Gravel Base, Storm Sewer, Concrete Curb and Gutter and Bituminous Surfacing. Old Village Drainage Improvements for that area of the Old Village generally north of the C'NW Railroad Storm Sewer and Ditching, The area proposed to be assessed for such improvements is the property which abuts said streets or is benefitted by said improvements. The area is generally described as the NW 1/4 and the N 1./2 of the SW 1/4 of Section 13, the NE 1/4 and the NE 1/4 of the SE 1/4 of Section 14, .Township 29N, Range 21W. The estimated cost of all of the. improvements is $410,000, Such persons as desire to be heard with reference to the proposed impxovements will be heard at this meeting, Mary Kueffner City Administrator Published in the St. Croix Valley Press on May 2 and May 9, 1990. Eder, Joseph L&Geraldine A. 3699 Laverne Avenue N. Lake Elmo, MN 55042 Beutel, Mildred E. 3693 Laverne Avenue N. Lake Elmo, MN 55042 r r, Thompson, Adrian D.&Verle 3673 N. Laverne Ave. Lake Elmo, MN :!�-6,B42 Wier, Richard R.&Anne M. 3645 Laverne Avenue N. Lake Elmo, MN 55042 Mielke, Donald S&Patricia P. �. 3631 N. Laverne Avenue Lake Elmo, MN 55042 Flohr, Daniel R&Mardi D. 3617 Laverne Avenue Lake Elmo, MN 55042 t. Wacker, Williams G&Sallyann t' 3603 Laverne Ave. . Lake Elmo, MN 55042 Peltier, Gene M. 10376 Hudson Blvd. Lake Elmo, MN 55042 Bjorkman, JamesE&Barbara E. 3650 Laverne Ave. N. Lake Elmo, MN 55042 Christ Lutheran Church 11194 36th St. Lake Elmo, MN 55042 Beutel, Bruce W.&Arline V. 3590 Laverne Avenue Lake Elmo, MN 55042 i Margie & Robert Fox 3380 Lake Elmo Avenue N. Lake Elmo, MN 53042 F - Northwestern Bell Tel. Co. c/o Mgr. U.S. West Com- 100 S. 19th Rm 1050 - Douglas Bldg. Omaha, NE 68102 Donna Dale i 1737 Oldridge Ave. i Stillwater, MN 55082 Haseley Alfred Etal 3604 N. Layton Avenue Lake Elmo, MN 55042 Dittman, Elmer J. L� 3624 Layton Avenue ' Lake Elmo, MN 55042 Ile, i �i - j Michaelis, Paul E.M.& Marcell 3646 Layton Avenue Lake Elmo, MN 55042 { `` Schiltgen, Norberg"P.&Grace �- } 3664 Layton Avenue " Lake Elmo, MN 55042 j 1 • Continenza, Stephen A.&Vicky 3686 Layton Avenue N. Lake Elmo, MN 55042 Lake Elmo VFW Post 5725 3712 N. Layton Avenue Lake Elmo, MN 55042 Kosman, Richard J..&Cynthia A. y Leslie's Floor Decor 11227 Stillwater Blvd Lake Elmo, MN 55042 Gustafson, Stephen R. 11051 34th St. N. Lake Elmo, MN 5509a Nelson, Lowell J&Jeanne P. 11075 34th St. . Lake Elmo, MN 55042 Laxe Elmo Inn Inc 3442 Lake Elmo Ave. N. Lake Elmo, MN 55042 Koehnle, Ronald W.&Laurie 2482 Belmont Lane No. St. Paul, MN 55109 Pearson, Richard N&Jean M. 1109 Crestview Dr. Hudson, WI 54016 Menard, Norma c. 3504 Lake Elmo Avenue Lake Elmo, MN 55042 Eder, Joel R&Judith H. 11082 34th St. Lake Elmo, MN 55042 I Brunotte,HaroldH&Fritz Jane f 11178 North 33rd St. Lake Elmo, MN 55042 Wendt, Howard F. 3287 Lake Elmo Avenue Lake Elmo, MN 55042 Wood Specialists Inc. 11090 Upper 33rd St. N. Lake Elmo, MN 55042 i Streiff, Lillian M. 11074 Upper 33rd St. Lake Elmo, MN 55042 riarKgra=, Eugene A&catnerin 11002 N. Upper 33rd St. ` Box 50 Lake Elmo, MN 55042 Gorman,Edward T&Kathleen M. 11011 Stillwater Blvd. Lake Elmo, MN 55042 Harty, Gary T&Marlene R. 11051 Stillwater Blvd. N. Lake Elmo, MN 55042 l Reichow, Martina M. 11094 N. 35th St. Lake Elmo, MN 55042 Dennis, Brian R&Patricia A. 11072 34th St. Lake Elmo, MN 55042 Hjelmgren, William C&Joan S. ' 3153 N. Layton Ct. Dunn, Robert Bruce&Susan Lake Elmo, MN 55042 11018 Upper 33rd St. Lake Elmo, MN 55042 roe i® April 4, 1E__ Mr. Joseph Kiesling 9359 Jane Road North Lake Elmo, MN 55042 RE: Lake Jane Floodplain Dear Mr. Kiesling: This is in response to your request for information regarding the location of your home with respect to the DNR's Ordinary High Water elevation (OHW) for Lake Jane. The OHW is at Elevation 924.0 feet; Valley Branch Watershed District's 100-year flood elevation for Lake Jane is at Elevation 926.0 feet. Prior to the raising of your home in 1988 which required the placement of fill, the home was within the 100-year flood plain, almost as low as the OHW. The low floor elevationof the homewasat Elevation 924.3 feet.. As a result of the raising and filling, your home is no longer within the floodplain or lower than the OHW. On October 11, 1988, surveyors from Barr Engineering Co.,. acting on behalf of the District, staked the 100-year flood elevation on your property and measured the distance from your home to the 100-year flood elevation. They measured thenorthwestcorner of your home to be 12.5 feet from: the 100-year flood elevation, and the southwest corner of your home to be 24.3'feet from the 100-year flood elevation. You can conclude that Your home is even further away from the OHW. I have enclosed a copy of the survey notes for your information. I£ you have any questions, feel free to contact me at 897-5503. Sincerely, Ka'lt� aeo-4z:4� Karen Chandler BARR ENGINEERING COMPANY KLC/kc - .Engineers for the District Enclosure ALLEN DORNFELD RUSSELL KIRBY GORDON C. MOOSBRUGGER RAY BRENNER WILLIAM ROHRER VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 Grvru ORS K,e. y o.?_ lH = kk7'��- !_E.Vi;L ' LE✓, o = Lift • , 93o•4-1 h^- U - o -i » � ✓ zb , D,75, 929 G o 9 ce-v o/ I Lut4 �r L ;s h cvJ/ EYE 5 243 5 Gr2• N I I p.y 3 HIGHLIGHTS April 2, 1990 Although the volume of run-off has not been dramatic, the above normal precipitation during the month of March (3.15 inches at Lake Jane) has significantly decreased the storage in the Water- shed. In fact, there is negative storage in the lower three ' lakes and less than half the total storage available in February. Over the past 23 days, Long Lake and Eagle Point Lake have gone up two feet and Downs Lake has gone up three feet. Eagle Point and Lake Elmo are both at overflow but water levels in the West Lakeland Storage Areas have actually gone down since March 13. City Park Pond is at it's lowest level since 1981. The two parts of the pond are now seperated by land. The acre feet of storage in the Watershed lakes are tabulated below. Acres Overflow Level Elev. ------------------------------------- Long Lake 70.00 937.50 935.24 O+D Jane Eagle Pt. Elmo 220.00 928.50 160.00 922.50 130.00 894.00 200.00 884.50 Horseshoe 60.00 875.60 Acre feet of Storage Total Watershed 925.94 920.59 894.13 885.05 875.04 Acre ft. Storage 158.20 563.20 305.60 -16.96 -110.00 tlkw& Feb., 1989 Mar., 1989 Apr. 1989 May, 1989 June, 1989 July, 1989 Aug., 1989 Sept. 1989 Oct., 1989 Nov., 1989 Dec., 1989 Jan., 1990 Feb., 1990 Mar., 1990 Apr., 1990 Total --------------- 1027.00 -93.30 1712 1542 764 947 982 905 1153 1140 1478 1691 1783 1885 1981 1701 934 933.70 - VALLEY BRANCH WATER LEVELS DATE LONG 0-0 ........................ JANE PARK SUNFISH EAGLE ELMO MORSE- GRAVEL DOWNS _ WLSS - ,.,------------------------------------------------'-- - - - POND -------- POINT "--"------- - ------------------------ SHOE - PIT _ •------ LOWER ._._.... 1987 _ . - 1-1 938.06 929.84 926.36 915.85 904.82 897.84 886.65 877.25 872.83 889.85-..-865.40 - 1-17 937.95 929.82 925.93 915.98 904.83 871.29 1.24 937.90 929.78 925.80 - 916.08 904.88 - - - 1-31 937.87 929.75 925.66 916.27 - 904.92 897.71 886.64 877.19 870.60 862.53 - 2.28 937.71 929.70 924.94 916.26 904.99 897.68 886.56 875.00 869.16 _ 889.33 - 863.88 3.15 937.73 929.76 924.56 916.01 905.05 - -'- •-- 4-2 937.64 929.64 924.12 915.52 905.03 897.71 886.41 870.64 866.80 888.94 -` 862.72 - 5-1 937.34 929.33 923.58 912.54 904.75 897.67 886.55 869.84 867.32 888.48 862.23 5-12 937.26 929.26 923.48 910.75 904.55 - 5.17 937.18 929.20 923.54 904.51 _ - 5-25 937.13 929.17 923.50 909.21 904.36 6-1 937.06 929.11 923.47 908.65 904.29 897.41 884.61 871.46 867.89 887.95 863.18 7-1 936.42 928.62 923.08 906.42. 903.43 896.90 - 884.27 873.63 865.03 887.50 860.18 7.30 938.21 929.34 923.18 905.79 903.46 899.06 885.19 876.44 865.97 889.14 .863.67 B-31 937.21 928.69 922.64 904.52 902.63 897.74 884.97 875.95 865.33 888.59 862.14 10-1 936.63 928.33 922.42 903.13 902.07 895.39 885.16 876.11 865.56 888.13 862.55 - 11-1 936. 17 928.01 922.27 903.13 - 901.57 884.93 875.97 865.40 887.33 - 861.97 12.1 936.25 928.03 922.36 902.80 901.32 894.62 885.25 - 875.92 865.48 887.48 863.84 1988 - 1-1 936.22 927.67 922.14 900.99 894.21 885.33 875.89 865.38 887.48 _'861.79 2-1 935.88 927.66 922.07 901.82 900.54 893.98 885.38 875.89 865.30 887.28 861.97 3.1 935.75 927.49 921.99 901.69 900.18 894.05 885.29 876.15 865.34 887.89 861.83. t. 4.1 936.44 927.64 922.16 899.99 894.26 885.44 875.85 865.35 887.08 861.87 5-1 936.28 927.40 922.01 901.38 899.38 ---893.94 -. 885.58 876.00 -865.52 886.84 861.47 5-30 936.64 927.33 921.90 904.38 898.29 893.93 884.91 -875.58 864.94 886.54 860.97 7-1 935.66 926.59 921.28 903.41 897.11 892.86 884.85 875.05 864.60 885.89 857.29 8-1 934.80 926.13 920.85 902.27- 896.24 892.03 884.85 874.93 864.27 <885.00 - 855.05 9-1 934.63 925.90 920.65 899.50 896.20 <892.02 884.70 874.37 ' <864.60 <885.00 852.96 10-1 934.43 925.75 920.63 898.34 896.22 892.09 89.96 874.81 <864.60 <885.00 <852.90 11.1 933.95 925.44 920.40 897.58 895.92 <892.00 884.89 874.71 <864.60 <885.00 <852.90 12-1 934.12 925.63 920.64 897.48 896.09 892.42 884.64 876.06 865.93 <885.00 <852.90 - 1989 1-1 933.78 924.92 920.35 895.53 <892.00 *884.22 875.30 865.76 883.21 2r5 933.33 924.95 920.22 895.12 <892.00 884.16 875.23 865.16 3-12 933.43 925.30 920.51 894.72 <892.00 884.26 875.56 866.53 4.1 935.41 925.90 920.73 '895.36 894.99 884.47 876.17 - 866.14 *890.76 >OF 5-1 935.54 925.90 921.07 895.95 895.33 893.96 884.44 875.74 -865.41 889.90 860.42 6.1 935.91 925.85 921.07 895.53 895.02 893.68 884.40 875.64 $65.11 889.10 851.62 7.1 935.74 925.83 921.17 895.48 894.89 893.40 884.85 876.04 965.81 889.60 859.96 8-1 935.28 925.50 920.96 894.28 *893.51 884.35 875.65 865.20 888.68 860.06 9-1 935.34 925.53 920.96 894.94 894.20 893.53 884.36 875.61 864.58 888.10 855.48 10.1 935.01. 925.11 920.66 893.71 892.83 884.09 875.11 862.34 887.36 852.83 11-4 934.38 924.86 920.44 893.32 - 892.34 884.17 874.59 860.86 887.16 851.18 12-2 934.03 924.73 920.45 893.34 <892.00 884.26 874.35 860.07 850.23 1990 1-1 933.62 924.59 920.28 892.70 <892.00 1184.31 873.93 858.82 <850.00 2-11 933.12 924.31 920.20 892.26 <89Z.00 884.46 873.66 857.78 <854.00 3.10 933.10 924.95 920.46 .<892.00 89.85 874.00 885.09 3_73 893.63 866.06 888. 15 852.51 4.2 935.24 925.94 920.59 893.98 893.01 894.13 885.05 875.04 862.76 888.33 849.88 SUMMARY OF TRI - LAKES Y I ' LAKE DeDEMONTREVILLE (82-101) SHORELAND CLASSIFICATION REC DEVELOPMENT NATURAL ORDINARY HIGH WATER ELEV. 930.0 APPROX SIZE 146 ACRES i LAKE OLSON (82-103) SHORELAND CLASSIFICATION REC DEVELOPMENT NATURAL ORDINARY HIGH WATER ELEV. 930.0 APPROX SIZE 84 ACRES LAKE JANE (82-104) SHORELAND CLASSIFICATION REC DEVELOPMENT NATURAL ORDINARY HIGH WATER ELEV. 924.0 APPROX SIZE 140 ACRES EGC11,4 OLSoN APA,r45dit�-� 9Z 9. k3 Petition By Lakeshore Property Owners for Kiesling Deck Construction Whereas Joseph P. Kiesling is the owner of a lakeshore lot on Lake Jane having the address of 9359 Jane Road North in Lake Elmo, Minnesota 55042, and Whereas the undersigned believe local ordinance(s) require, among other restrictions, a building set back of 100 feet from the lakeshore, the undersigned petition as follows: That Joseph P. Kiesling be allowed by all controlling governmental bodies to construct a deck attached to existing home at 9359 Jane Road North in conformity with the attached plans. Name and Address Date ,3 -- ZS 5a <3 --1d -may-5� - -'M 26 Kiesling Deck Petition, continued Date LAKE ELMO CITY COUNCIL MINUTES AUGUST 1, 1989 PAGE 2 Mr. Kiesling presented a variety of pictures showing various decks :tached to neighborhood homes with measured setbacks for each from the water and pictures of his home before and after his remodelling project. Kiesling stated -the sliding glass doors that were installed on the back of the house without an attached deck was his hardship because someone may fallout of one of these doors and absence of a deck causes the home to be lowered in value and would make the house harder to sell. Kiesling added he already has a cement patio slab on the back of the house so why couldn't he add the deck above. For Council information, two letters from the DNR relating to permit violations and their comments on Kiesling's proposal were provided. In. the DNR's letter of July 20, 1989, Molly Shodeen stated in the permit (#88-6068) and cover letter to David Keane, and subsequently transferred to Mr. Kiesling, they allowed only raising the home on fill. The DNR clearly stated that no deck would be allowed. While it is true that there are many substandard decks on Lake Jane, there are no other decks extending over or onto the actual lakebed for which variances have been granted. Mayor Dunn closed the public hearing at 7:227-p.m. M/S/P Aunt/Moe - to deny a variance request to .the setback from the OHWM and shoreland permit, (the foundation of the house is at 0.1 foot setback where 100 feet is required) by Joe Kiesling, 9359 Jane Road, based on the following Findings of Fact: (Motion carried 3-0) 1. That the applicant has not demonstrated a hardship. 2. That the applicant has reasonable use of the property without the deck. 3. That there are possible alternative locations for the deck which would not increase the substandard setback of the house. 4. That the applicant was informed the deck was not allowed by the DNR in the Molly Shodeen's letter dated July 20, 1989, stating in the permit (#88-6068) and cover letter issued to David Keane and subsequently transferred to Mr. Kiesling, we allowed only raising the home on fill and clearly stated that no deck would be allowed. While it is true that there are many substandard decks on Lake Jane, there are no other decks extending over or Amended onto the actual lakebed for which variances have been granted. 8/15 5. That the August 16, 1988 City Council minutes state the City Staff recommended that neither these proposed nor any future variances be allowed on this propert-v based on i s close proximity to the lake. Mr. Kiesling advised the Council that docks/decks are being put up now without permits in his area. He would now be building, one inch from his house, a floating deck. The Council asked Mr. Kiesling to check with the Building Offical and the DNR before he starts any work. LAKE ELMO CITY COUNCIL MINUTES AUGUST 1, 1989 PAGE 3 recent, dock e o/Hunt deck direct theungOfficial to look into, current and buildingactivityi area and report back to Council. (Motion carried 3-0). B. Architectural Standards - Administrator Morrison received a call from Don Raleigh requesting the Business Community be given an opportiunity to review these standards and come back with their recommendations. Based on discussion at the last council meeting, a council member clarified that these standards should be incorporated in Section 4 of the recommended standards. M/S/P Hunt/Moe - to continue the discussion of architectural standards until the next Council meeting in order to get feedback from the Business Association. (Motion carried 3-0). - C. Planning Commission Actions: July 24, 1989 Informational Item. 7. CITY ENGINEER'S REPORT: A. Road Widths: Discussion _— City Engineer, Larry Bohrer, reported in his letter dated July 28, 1989, that his recommendations of May 22, 1989, took into account drainage, long term maintenance, safety, commercial and emergency vehicles and liability. Bohrer recommended that the current road standard for the R-1 zone be adopted for RE (2 1/2). and the present standard for R-1 zone is a 32 foot wide urban street with bituminous berm curbs for drainage based on two reasons: 1. RE (2 1/2) will probably be located adjacent to existing R-1 developments and the road•standards should be compatible so far as 'is practical. 2. Estate type development may not find ditches and culverts for drainage aesthetically acceptable compared to storm sewer and curbs. Vegetation must be kept cut in ditches to provide good drainage. Trees are not allowed in ditches. Bohrer's recommendation for RE (5 acre) zoning classification is to provide a rural design road the same as presently exists for Lake Elmo's RR and.Ag zoning district; that is 24 feet of bituminous driving surface with 4 foot wide gravel shoulder each side. Ditches and culverts would be used for drainage. 1. RE (5) will probably be located adjacent to existing RR or Ag zoning districts and the road structures should be compatible. mowed 2. 5 acre lots will probably not be completely maintained and by the property owner; therefore, ditches and culverts would be aeethetically acceptable in this more rural setting. tDEPARTMENT 2STATE OFy�Ni Z � LrZ O May 10, 1990 F Ms. Mary Kueffner City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Dear Ms. Kueffner: RE: KIESLING VARIANCE REQUEST, LAKE JANE (82-104) Metro Region Waters has reviewed the information submitted.by Joseph Kiesling for a variance to construct a walkway on the lakes.ide of the house. We have repeatedly stated that we could not approve any further.waterward encroachment at this site. We are, therefore, opposed to a variance for the walkway. We would not object to the granting of a variance for a deck addition parallel to the existing structure's setback from Lake Jane; in other words, a deck to the south of the house that is no closer to the lake. If the City grants a variance for the lateral deck, Mr. lesling could construct a walkway on the street side of the structure and replace the sliding doors with windows. We realize that there are decks constructed on other non -conforming houses, but none of those houses have footings in the lakebed. This structure is at a zero setback rom e igli- water elevation (OHW) and prior to filling was in the lakebed; further encroachment should not be permitted. Before we were able to comment on the revegetation plan, the plants had already been ordered and delivered. The plan is basically satisfactory; however, we may have some concerns over some of the ornamentals, such as the aronia and white snowberry. We are willing to observe the plantings once in place, but we may require removal of the ornamentals as part of DNR permit #88-6068 (issued to Mr. Kiesling). Our July 14, 1989 letter and Attachment A specifically stated that the plan should be approved by the Regional Hydrologist. The current plan does not include the planting of any emergent aquatic vegetation. This may later be required to fulfill the terms of the restoration as explained in Attachment A. AN EQUAL OPPORTUNITY EMPLOYER Mary Kueffner May 10, 1990 Page Two If you have any questions, please contact me or Area Hydrologist Molly Shodeen at 296-7523. Please send us notice of the City's action after the public hearing to be held May 15, 1990. Sincerely, JUhn Linc Stine Regional Hydrologist M166:kap cc: Joe Kiesling V � y 0 A2a � Ad 9�� ,7Z - NOTICE OF PUBLIC HEARING The Lake Elmo City Council will hold a public hearing on Tuesday, May 15, 1990 at 7:00 p.m. at City Hall, 3800 Laverne Avenue N., Lake Elmo, Minnesota to consider the request of Joseph Kiesling for a variance to the 100 feet setback from the Ordinary High Water Mark (OHWM) for the purpose of constructing a walkway and deck to an existing structure. - The property is legally described as Lots 9 and 10, Berschens Shores, and is commonly known as 9359 Jane Road N. All persons who wish to be heard regarding this variance request will be given that opportunity at this public hearing. Written comments will be accepted,up until the time of the public hearing. Mary Kueffner City Administrator April 23, 1990 Published in the St. Croix Valley Press on May 2, 1990 AGREEMENT (DETACHMENT AND ANNEXATION OF LAND) THIS AGREEMENT, Made and entered into this day of May 1990, by and between the CITY OF LAKE ELMO ("Lake Elmo"), and the CITY OF OAKDALE ("Oakdale"), jointly called the "Cities"; WITNESSETH THAT : WHEREAS, the Cities share a common boundary; and WHEREAS, The owners of real property in Lake Elmo located in Section 32 Township 29 North, range 21 West, Washington County, Minnesota, as described in Exhibit "A" attached hereto, have petitioned the Minnesota Municipal Board for detachment of their property from Lake Elmo and its annexation to Oakdale; and , WHEREAS, a hearing was held before the Minnesota Municipal Commission Board on March 29, 1988, and Findings of fact, Conclusions of Law and Order was issued on September 23, 1988, and amended on October 17, 1989, which ordered the detachment of the property described in attached Exhibit "A" from Lake Elmo and its annexation to Oakdale; and WHEREAS, certain property owners located in Section 32 and 33 have also petitioned the Minnesota Municipal Board for detachment of their property from Lake Elmo and its annexation to Oakdale; and WHEREAS, the owners of real property located in Section 32 who have petitioned for the annexation to Oakdale have sanitary sewer capacity available for their use, and have been assessed for construction of the WONE interceptor; and WHEREAS, it is in the best interests of the cities to settle the matter of the entire said Section 32 and to establish a means of permanent cooperation in the event of future problems which may arise in the areas along the border between the cities; and WHEREAS, the cities have other mutual concerns regarding planning, zoning, city services along the common border, environment, development and possible future metro sanitary sewer requirements. NOW THEREFORE, for and in consideration of the foregoing and the covenants and agreements herein contained, the parties hereto do hereby agree as follows: 1. Within 30 days after signing of the agreement by Lake Elmo and Oakdale, each city shall pass a resolution, in compliance with Minn. Stat. 414.061, Subd. 1., requesting the concurrent detach- ment of that part of Section 32, Township 29 North, Range 21 W., Washington County, Minnesota, lying East of the West Right-of- way line of Inter -state # 694 from Lake Elmo and its annexation to Oakdale, subject to the approval and order of the Minnesota Municipal Board. 2. Except for valid petitions currently before the Minnesota Munici- pal Board, all future petitions for detachment and, annexation from property owners in either city shall not be approved unless the following conditions are met: a. All of the property owners requesting detachment and Annex- ation from one city to the other, must initiate the request by a signed and notarized petition. b. Following joint review of the Petition by representatives from both cities, each city must agree, by a majority vote of at least three council members, to the petition. _ c. If either city does not agree to the petition both cities shall pass resolutions that the proposed petition for detachment and annexation is not in the best interests of that city. 3. Oakdale is receptive to any request by Lake Elmo to make public water service available, subject only to water capacity available at the time of the request and a reasonable charge for the water. \ 4. Pursuant to Minn. Stat. 414.067, the cities request that the Minnesota Municipal Board order the Washington County Treasurer to pay any taxes collected, that were deferred under the "Green Acres" law on land located in said Section 32, to Lake Elmo, if collected prior to December 31, 1993, up to the sum of $3,825.00. Such lands are described in Exhibit "B". Any amounts so collected over $3,825.00 shall be paid to Oakdale. If by December 31, 1993, the full sum of $3,825.00 has not been paid, Oakdale shall pay One-half of the balance due on January 15, 1994, and the balance on January 15, 1995. 5. Pursuant to Minn. stat. 414.067, the cities request that the Minnesota Municipal Board order the Washington County treasurer to pay any special assessments collected, that were deferred prior to May 1, 1990 under the "Green Acres" law on land located in said Section 32, to Lake Elmo no matter when it happens. 6. If the Minnesota Municipal Board fails to make an order pursuant to Minn. Stat. 414.067, and the Washington County Treasurer fails to voluntarily follow the terms of paragraphs 4. and 5. above stated, Oakdale agrees to act as trustee for the funds received by it and covered by those paragraphs, and to immediately pay over such funds to Lake Elmo. 2. 7. As reimbursement to Lake Elmo for its expenses incurred in the ..annexation" proceedings, Oakdale agrees to pay to Lake Elmo 35% of all sewer availability charges collected by it, from lands located in said Section 32, pursuant to section 23-18 of the Oakdale Code of Ordinances; and 50% of all park and open space dedication fees collected by it, from lands located in said Section 32, pursuant to Section 23-10 of the Oakdale Code of Ordinances. Oakdale shall not take any park dedication in real estate and shall not reduce or forgive any park dedication fee requirements. 8. Pursuant to Minn. Stat. 414.067, the cities request that the Minnesota Municipal Board provide in its final order allowing the complete detachment and annexation of said section 32, that the tax capacity rate of Oakdale shall be applied to all land in said Section 32 effective January 1, 1991. 9. All lands and easements located in said Section 32 shall be con- veyed by Lake Elmo to Oakdale and the two cities shall cooperate with each other to locate, identify, and convey said parcels. 10. Lake Elmo shall make available, to Oakdale for copying, all maps, surveys, engineer data and all records it has that cover all or part of said Section 32. If any of this information was paid for out of general taxation and could be assessed in whole or part to properties located in Section 32 Oakdale shall assess whatever cost can be assessed and shall pay those funds to Lake Elmo upon receipt. 11. Lake Elmo agrees to assign to Oakdale all permits, contracts or agreements or parts thereof, that cover property located in said Section 32. 12. Oakdale agrees to conduct an environmental inventory of all wetlands concurrent with the development of a comprehensive plan for Section 32. All site plans approved for section 32 will be required to conform to all applicable wetland regulations promulgated by the Minnesota Department of Natural Resources and the Army Corps of Engineers. 13. Oakdale agrees to give concurrent written notice to Lake Elmo whenever Lake Elmo properties receive a notice of public hearing pertaining to any application for a rezoning, special use permit, plat, subdivision, site plan or variance in Oakdale within 350 feet of the boundary. Oakdale also agrees to give Lake Elmo not less than fourteen (14) days written notice of public hearings on proposed amendments to the zoning ordinance which would alter permitted uses, conditional uses and requirements for any zoning district bordering Lake Elmo or which would modify the require- ments for establishing buffers for residential property that is within seventy-five (75) feet of commercial, industrial or 14. office property. The terms of this Agreement shall only apply after the detachment of said Section 32 from Lake Elmo and its annexation to Oakdale is approved and ordered by the Minnesota Municipal Board. 3. 15. If any term, condition or provision of this agreement, or the application thereof to any person or circumstance, shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to persons or circumstances other than those as to whom it shall be held invalid or unenforceable, shall not be affected thereby, and this agreement and all of the terms, provisions, and conditions hereof, shall in all other respects continue to be effective and to be complied with to the full extent permitted by law. 16. All notices, reports, or demands required or permitted to be given under this agreement shall be in writing and shall be deemed to be given when delivered personally to any party, or officer of the party, to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: To Lake Elmo City Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 To Oakdale City Administrator 1584 Hadley Avenue North Oakdale, MN 55128 Such addresses may be changed by any party upon notice to the other parties as herein provided. 17. This agreement may be amended at any time upon a majority vote of both cities. 18. This agreement shall expire on December 31, 2020, unless earlier terminated by agreement of both cities. 19. The foraging, with Exhibits "A" & "B", constitutes the entire agreement of the cities regarding detachment and annexation. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed the day and year first above written. CITY OF LAKE ELMO CITY OF OAKDALE By By Its Its Mayor And And Its Its Administrator/Clerk Approve as to form Approve as to form City Attorney City Attorney 4. EXHIBIT "A" The East 1/2 of the Northwest 1/4 of Section 32, Township 29 North, Range 21 West, lying East of Interstate Highway 694. The South 466.69 Feet of the West 466.69 Feet of the Northwest 1/4 of the Northeast 1/4 of Section 32, Township 29 North, Range 21 West, Washington County, Minnesota, con- taining 5.0 acres, more or less. Subject to easements of record. According to the United States Government Survey thereof, hereinafter referred to as the "Brockman parcel." and That part of the Northeast 1/4 of the Southwest 1/4 lying East of Interstate Highway I-694. and The North 155.3 Feet of the Southeast 1/4 of the Southwest 1/4 lying East of Interstate Highway I-694, all in Section 32, Township 29, Range 21, hereinafter referred to as the "Fraser parcel." 735 Colorado Ave. So. Golden Valley, MN 55416 Office: 541-9033 Green Stuff LAWN TREATMENTS May 15, 1990 Citv of Lake Elmo Kleis Park Jamaca Blvd & 53rd Lake Elmo, MN 55042 Attn: Mike Bouthilet Thank you for the opportunity to bid lawn care for Kleis Park. Our charge for the 1990 season would be $140.00/application. Our regular program consists of four liquid applications as follows: SPRING APPLICATION: 22-0-14; Preemergent Crabgrass, and broadleaf weed herbicide SUMMER APPLICATION: 16-0-9; broadleaf weed herbicide. AND LATE SUMMER APP: 16-0-9; broadleaf weed herbicide. FALL APPLICATION: 24-0-14 Although this is our regular mix; we are able to customize a mix for you to match any fertilizer composits you wish. Again, thank you for the opportunity. please do not hesitate to call. Sincerely yours, r � _ Jean K. Klocksien Customer Service If you have any question, Careen Stuff.. , the right stuff for your lawn! Organic Lawn Care $250.00 No Chemicals - Fertilizer Only COMMERCIAL DIVISION �Gtf Fear -Green Lawns SERVICE AGREEMENT PARTIES This agreement is made between Ever -Green Lawns, Inc. with its principal offices located at 1390 Charlestown Ind, Dr., St. Charles, MO 63303 and a branch office (hereafter referred to as Ever -Green Lawns) EVER -GREEN LAWNS, INC. _ STREET ADDRESS CITY/STATE/ZIP �//'/1,L2 � AND CUSTOMER AS FOLLOWS: PROPERTY NAME STREET/CITY/STATE/ZIP CONTACT -- COMPANY STREET/CITY/STATE/ZIP CONTACT COMMENTS: Ever -Green Lawns Commercial Lawn Care EARLY SPRING TREATMENT Custom blends of pre -emergent crabgrass broadleaf weed control as . control, fertilizer, and weather permits. $,,} �SL2— LATE SPRING TREATMENT Custom blends. of fertilizer, broadleaf weed & control, and pre -emergent crabgrass control insecticides as weather permits. $ SUMMER TREATMENT Custom blends of fertilizer, broadleaf weed $ : OL7 control and insecticides, as needed. LATE SUMMER TREATMENT Custom blends of fertilizer, broadleaf weed control, and. insecticides, as needed. $ EARLY FALL TREATMENT broadleaf weed l Custom blends of fertilizer, $ 0© control, and micronutrients, as needed.. FALL TREATMENT - Custom blends of fertilizers and broadleaf weed control as weather permits. $ ADDITIONAL SERVICES SCHEDULE OF SERVICE 19 ❑ Lawn Care $ ❑ Tree Shrub $ ❑ Total Landscape $ DATE REPRESENTATIVE PHONEzrO PHONE 770 —.75; W.LeL11 Ever -Green Lawns Commercial Tree & Shrub Care SPRING TREATMENT Custom blended fertilizer which promotes healthy new growth, quicker green -up and $ denser leaf cover. LATE SPRING TREATMENT Insect and disease control which helps control and/or prevent diseases from getting started. $ SUMMER TREATMENT Insect and disease control which helps control and/or prevent diseases from getting started. $ LATE SUMMER TREATMENT Insect and disease control which helps control $ and/or prevent diseases from getting started. FALL TREATMENT Heavy rates of balanced fertilizer which. promotes thick and healthy root systems. OPTIONAL PRUNING _ $ An important addition to your regular tree & shrub care program — you can choose to have one of Ever -Green's pruning specialists selectively prune your trees and shrubs. 19 — ❑ Lawn Care $ — Cl Tree Shrub $ — ❑ Total Landscape $ Customer Acceptance INSURANCE Ever -Green Lawns will maintain throughout the term of this Agreement adequate general liability insurance, broad form contractual liability insurance, and worker's compensation insurance to meet statutory requirements. At Customer's request, Ever -Green Lawns shall furnish a Certificate of Insurance describing coverage in effect. INDEMNIFICATION Ever -Green Lawns shall Indemnify Customerfor any damages, claims or causes of action arising solely from any negligent acts or omissions on the part of Ever -Green Lawns, its employees or agents. SERVICES OFFERED A complete list of services and recommended programs for one, or two years are attached for your documentation. PAYMENTTERMS Net3Odays. Delinquent accounts carry interest at 1.5% permonth. Services will not continue unlessthe previous application has been paid in full. TERM; CANCELLATION This agreement will be in effect for an initial period of one such term the customer has the option c contracteither for a y. Just of up to two years. Either party may cancel the agreement with lust cause during such term upon (3 g days written notice to either party. Just cause is defined as either parties failure to comply with the terms and conditions of this Service Agreement. EVER -GREEN Customer Authorized Signature Ever -Green Lawns Commercial S�ewitcc?as GUARANTEES SY By /��" / pat RESULTS S Name Date — Nam r�ea� COMMERCIAL PROPERTY a. 3 SERVICE AGREEMENT ent imade between ChemLawn Services CO This agreement poration, an Ohio corporation with its principal offices located in s, Ohio and a branch office located at: DATE 5. 8-90 36 REPRESENTATIVE Site Za d tIJ�WN COMMERCIAL SERVICES PHONE 464-9492 ?'T ADDRESS 1167 East Hw 55109 3TATEXP Ma lewood MN _ ISTOMER AS FOLLOWS: 770_25 7 Nly PHONE 'ICITYISTATEIZIP Mike Bouthilet SALES CONTACT of Lake Elmo MN 550 �amica & 53rd Street NO. Lake Elmo 3 RTY NAME C.1 t TICITY/STATEMP Z 6 acres pHON 3ARIES DESCRIPTION $ r SERVICE CONTACT Promotes color, i �i� SPRING FERTILIZATION - _ late balanced $ .develops health and vigor. $ �... Comp �3�. Helps reduce population G APPLICATION DORMS �L p broadleaf weed, insect and crabgrass of Scale insects during dormant periods. 'izaq Reduces trol (conditions permitting)- $ _�_ kY YOUNG FOLIAGE PROTECTp pest damage. I CONTROL -Preventative treatment disease impact,and spring p $ sub -surface grub damage. Complete "�^�,3�, MICRO•N -Reduces yellowing _ .Y SUMMER APPLICATION - „5' -7 � due to Chlorosis. $ — SUMMER PEST CONTROL - Reinforces snood fertilizer broadleaf Weedlttin9)• s tbgrass control (conditions P Complete $ �� r E SUMMER APPLICATION disease supression and attacks new insects danced fertilizer, broadleaf weed and (selective). Inspection and $ `- LATE SEASON. PEST CONTROL - sect control (as necessary)• helps control $ application for Insects and diseases (selective). RATION - Reduces companion, P �t Z S air provides storage and increases water penetration. .�,C✓�o'. ppLL FERN �N latch build-up, $ — of nutrients for winter hardiness. $ -�_- LLLL APPLICATION - Complete balanced promotes healthy O 9rowth�lants strong. ertilizer and broadleaf weed control as required. Nitrogen � $ f� $ �— BED WEED CONTROL - Enhances mulched ' ,7E FALL APPLICATION - [[[ fertilizer for root development. $ —_-•-• beds with selective weed control. $ —_ [dE -Neutralizes soil to Increase efficiency of OTHER - - q fertilizer (as needsc (r THER 19 90 Q Lawn Care $ iCHEDULEOFSERVICE 1195.00 pTree Shrub $ I Lawn Care $ ❑ Tree Shrub $ 1 195 00 _ Q Total Landscape $ 1-1---�— tj(1TotalLandscape$ inl—�'Vl'` t. and workers prices do I 1 Customer Acceptance broad form contractual liability insurance, I negligent acts Or on the pan of t INSURANCE ChemLawn will maintain through o arnants .,,his Agreement adequate general liability insurance, from any compensation insurance to moat statutory ni damages, claims or causes of action arising Y revious ePPlicatlon has been paid in lull. At Customels request, ChemLawn shall furnish a Certificate of Insurance describing coverage In effect.ears. Either period of uP to two. Y I with to ees or agems' interest at 1.54h per month. Service will not continue unless the P arhes failure to comply INDEMNIFICATION ChemLawn shall indemnly Customer or an Just cause is defined as either p ChemLawn, its amp Y s Delinquent accounts carry' PAYMENT TERMS Net 30 day• suchterm upon(SO)days written noticeto eitherparty If TERM; CANCELLATION This agreement wilt be in eltect for an Initial period of one year 6ul the customer has the option to contract or a reemem with lust cause during Customer Authorized. Signature party may cancel the ag reement. the terms and -conditions of this Service A9 ,.� ® ey ChemLa ommerclal Services _ i I III 'eel ;l Title r i dl �i�,), D989 ChemLawn eervices coreQBl,on, a service of and Inc• ev Com S e anditsh. ws. ,0 in Ti la We car l TmQemawn ONice,Chemlawin cammerc al ISery ces I a mark used Data b Chemlawrt Services Corporaucn. Y �eAIF25«P:?:8- 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 MAY 15, 1990 LAKE ELMO JAYCEE PROCLAMATION FOR HUFF AND PUFF DAYS 7:00 p.m. MEETING CONVENES 1. AGENDA 2.. MINUTES: 3. CLAIMS May 1, 1990 4. RF.APP REPORT 5. PLANNING/LAND USE AND ZONING: A. PUBLIC HEARING: Improvement of 33rd Street from Lake Elmo Avenue to Laverne and Laverne from 33rd Street to Highway 5 B. PUBLIC HEARING: Old Village Drainage Improvements C. PUBLIC HEARING: Interim Ordinance to regulate the use of water on Lake Elmo during the Olympic Festival. D. PUBLIC HEARING: Joseph Kiesling Shoreland Permit & Variance 9359 Jane Road N. E. Shoreland Permit: David Brown 7990 50th Street N. F. Application for Conditional Use Permit Ron Mack/Ron's Sanitation 5749 Lake Elmo Avenue G. Application for Conditional Use Permit _ for Golf Driving Range Ray Salus, 404 Lake Elmo Avenue H. "The Forest" Developer's Agreement I. CSAH 35 (50th Street) Improvements J. Repeal of Appendix E requiring sprinkling of commercial structures which exceed 5000 square feet K. Other 6. CITY COUNCIL REPORTS: 7. CITY ADMINISTRATOR'S REPORT: A. Administrator's Contract B. Bids for weed and feed at Kleis Park C. Other 8. Adjourn PROCLAMATION WHEREAS: The Lake Elmo Jaycees have been a vital part of the development of young leaders of our community for the past 19 years; and WHEREAS: This organization of young people will again be sponsoring Huff n' Puff on August 9th thru the 12th, 1990 NOW, THEREFORE, I, Sue Dunn, Mayor of Lake :Elmo, do hereby proclaim the second week of August 1990 to be H Il F F N' P U F F D A Y S in Lake Elmo, and urge a1.1 citizens of our community to give full regard to the past and continuing services of the Lake: Elmo Jaycees.