HomeMy WebLinkAbout02-05-91 CCMDATE APPROVED: 2/19/91
DATE ISSUED: 3/1/91
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 5, 1991
Mayor Johnson called. the City Council meeting to order at 7:00 p.m.
Present: Mayor Johnson, Hunt, Dick Johnson, Mottaz, Williams, City
Engineers Bohrer and Prew, City Attorney Filla and Administrator
Kueffner.
1. AGENDA
Add: 12H. Handout of .preliminary comments from R.Thompson on review
of Comp Plan, 13I. Update on shoreland informational meeting,
Move. 10C. to an Executive Session.
M/S/P Williams/Hunt - to approve the February 5, City Council agenda
as amended. (Motion carried 5-0).
2. MINUTES: January 1.5, 1991
M/S/P Hunt/Dick Johnson - to approve the January 15, 1991 City Council
minutes as amended. (Motion carried 5-0).
3. CLAIMS
M/S/P Dick Johnson/Williams - to approve the February 5, 1991 Claim.s
#94362 thru #94435 as presented.. (Motion carried 5-0).
4. PUBLIC INQUIRIES
There were no public inquiries.
5. REAPP REPORT
A. Contract with Colle McVoy
B. Contract with Pat Forciea
The Council received copies of the contracts proposed by Colle & McVoy
and Pat Forciea relative to our public relations campaign. ReA.PP
member, Tedi Carlson, answered the Council's questions and recommended
these contracts be approved as soon as possible so Colle McVoy can
proceed with the press kit and video tape.
City Attorney Filla reviewed both contracts and found them general and
vague. He noted there was no indication of control by city on costs
and some overlap with both contracts. The Council was asked to convey
their concerns on the contracts to the City Attorney by Monday in
order for him to prepare proper contract wording.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 2
C. Strategy Update
Tedi Carlson submitted a budget providing a menu of public relation
services from which Lake Elmo and ReAPP could select tactics.
M/S/ Mottaz/Dave Johnson - to authorize expenditures of. $7,500 to
purchase services in the amount of 56,000 from Colle & McVoy for a
press kit and video tape and and to purchase services, not to exceed
$1,500, from Pat Forciea until contracts have been signed.
M/S/P Williams/Hunt - to amend the amount for Colle & McVoy to 58,000.
(Motion carried 5-0).
M/S/P Mottaz/Da.ve Johnson - to authorize expenditures of $9,500 to
purchase services in the amount of $8,000 from Colle & McVoy for a
press kit and video tape and to purchase services from Pat Forciea not
to exceed $1,500 until both contracts have been signed. (Motion
carried 5-0).
6. Scott Renne, Washington County Auditor
A. Council reconsideration of tax abatement requested by
Connco Shoes: Dave Johnson
Scott Renne, County Assessor, provided a market value appraisal report
of 7500 Hudson Blvd. for the purpose of providing additional
information to the Council in conjunction with an abatement
application on the above referenced property. It was Mr. Renne's
opinion that as of 'January 2, 1989 the market value of the property
including excess land is: One Million Three Hundred. Thousand Dollars.
According to Washington County records, the owner is Conn -co Shoes
Inc. The abatement application is O.W.J. Inc. The property was
purchased in September, 1982 for $1,625,000. The estimated market
value (prior to any adjustment for abatement) is $1,699,600.00.
M/S/P Mottaz/Dick Johnson - to recommend the market value of 7500
Hudson Blvd., (37032-3852) be set at One Million Four Hundred and
Fifty Thousand Dollars. (Motion carried 3-2: Williams and. Hunt: Dave
Johnson, Conn -co Shoes, has repeatedly over the last few years
described how valuable this property was and then, when he has
financial difficulty as a business person, asks for tax abatement.)
B. Property Tax Information
Washington County Assessor, Scott Renne, gave a tax information
presentation consisting of the property tax process and the assessor's
function within the property tax system.
Councilman Johnson provided information on Maplewood's levy limits for
taxes payable in 1991.
i
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 3
7. Update from Cable Commission Representatives, Dave Garloff and
Karen Wandmacher
Dave Garloff and Karen Wandmacher gave an update on the Cable
Commission's activities of the past year and the overall goals of the
Commission.
Councilman Johnson offered, if at anytime they feel this Council can
pass a resolution or can do anything that would be helpful in their
efforts or program, that they feel free to come to the City.
8. PLANNING/LAND USE AND ZONING:
A. Draft resolution opposing expansion of Lake Elmo Airport
On February 19, 1991, the Metropolitan Airports Commission will hold a
public information meeting and public hearing at Oakland Junior Hiah
School on the Lake Elmo Airport Comprehensive Plan Update.
Councilman Williams explained since 1976 the master plan has shown an
increase•in the length of major runways. This would allow twin engine
aircraft to operate at this airport any time. The expansion of the
major northwest southeast runway would require going across 30th
street and infringe on DNR protected wetlands to the south of 30th
Street. All of this area is part of the Downs Lake Watershed and is
an area concerned with flooding.
Councilman Mottaz added., when the Council considered this plan, their
concern was with lengthening the .runway which would open up the
airport to corporate jets.
The Council opposed the expansion of the Lake Elmo airport and
approved the draft resolution with minor changes. (See attached
Resolution 91-7).
M/S/P Williams/Dick Johnson - to adopt Resolution 91-7, A Resolution
setting forth the city's current position on the Lake Elmo Airport.
(Motion carried 5-0).
M/S/P Williams/Hunt - to postpone the February 19th City Council
meeting until February 2.1, 1991 to give the Council members and
residents an opportunity to attend the public hearing at Oakland
Junior High School. (Motion carried. 5-0).
Three public hearings have been called for February 19th, two street
improvements and one variance request.
M/S/P Williams/Hunt - to instruct the city staff to reschedule the
Hytrail Avenue, Highlands Trail N. to 59th Street N., bituminous
overlay public hearing from February 19th to March 5th City Council
meeting. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUAR.Y 5, 1991 PACE 4
M/S/P Williams/Hunt - to instruct the city staff to reschedule the
Legion Avenue, 20th Street to Legion Lane (N.Jct.) bituminous overlay
public hearing from February 19th to March 5th City Council meeting.
(Motion carried 5-0).
M/S/P Williams/Hunt - to instruct the city staff to reschedule the
public hearing for a variance request to rear yard setback by Philip
Zimmer from February 19th to March 5th City Council meeting. (Motion
carried 5-0).
M/S/P Mottaz/Williams - to hold a special meeting of the City Council
on February 19th, at 6:30 p.m., at Oak -land Junior High School.
(Motion carried 5-0).
B. Continuation of variance to height of accessory structure:
Applicant: David Schwarz, 10961 32nd St.
M/S/P Mottaz//Dick Johnson - to remove this item from the table.
(Motion carried 5-0).
Councilman Johnson noted he has talked to the neighbors who voiced
their concern that the structure does exceed our height limit and
looks out of place in the neighborhood. However, the Council
indicated the garage was built according to the plans submitted and
approved by the Building Official. The city staff made an error and
the homeowner relied on that error.
M/S/P Mottaz/Dick Johnson - to grant a variance to David Schwarz,
10961 32nd St. N., from the required 14' building height for the
purpose of constructing a garage based on the city staff errored in
approving the submitted plans, issued the building permit, and the
homeowner justifiably relied on that error. (Motion carried 4-1:
Williams).
As a future agenda item, the Council will discuss Section 301.070
D.3.C. which lists all minimum district requirements in the R1 zoninq
district. This is the section of the code used to determine that a
variance was needed for the garage setback, and is the section that
states building height maximum is 35 feet. It doesn't say primary
structure only, and it doesn't reference any other section of the
code.
C. Planning and Parks Commission Applications
Each Council member will review the submitted applications and have a
list of their selections available for the February 21st meeting.
Councilman Williams formally introduced a resolution as a motion so
the Council could determine the number of seats on the PZ that need to
be filled. The motion addressed only the Mayor's authority to act
outside of the Council meeting.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 5
M/S/ Williams/Hunt - to introduce the following motion:
WHEREAS: On January 15, 1991, the Lake Elmo City Council in its
regular meeting duly passed a motion by majority vote of its members,
said motion appointing A. Bucheck, S. DeLapp and K. Johnston as
members of the Lake Elmo Planning Commission; and,
WHEREAS: David Johnson, Mayor of Lake Elmo, declared in a letter
to the Council received aproximately January 25, 1991, that he was
declaring the above cited motion null and void; and,
WHEREAS: Lake Elmo operates as a City of the fourth class and a
Plan B City, as defined in Section 412 of the Minnesota State
Statutes; and,
WHEREAS: the meetings of the Lake Elmo City Council are
conducted according to Robert's Rules of Order; and,
WHEREAS: no provision of said Minnesota Statutes, the Lake Elmo
City Code, or Robert's Rules of Order gives the Mayor the authority to
declare a duly -passed motion of the City Council null and void outside
of the meetings of that Council;
THEREFORE, BE IT RESOLVED: the above -cited action of David
Johnson, Mayor of Lake Elmo, was invalid, had no force of law, and
should be considered by all persons never to have been in effect.
Councilman Williams, with Councilman Hunt's second, stated he would.
withdraw his motion with the understanding that the next order of
business would, be passinq a motion reflecting the Mayor's withdrawal
of his letter.
Much discussion followed on proper wording for such a motion. The
following motion was made:
M/S/P Mottaz/Williams - to instruct the Mayor that in matters of
apparent conflict regarding Robert's.Rules of Order; that a special
meeting be called to resolve the conflict and that the council accept
the Mayor's statement that he withdraws his memo regarding the motion
passed on February 15th to reappoint members to the PZ. (Motion
carried 5-0).
M/S/P Mottaz/Dave Johnson - to call a 5 minute recess. (Motion carried
5-0).
Planning Commission Appointments:
Mayor Johnson declared January 15th motion to reappoint was null and
void for reasons being a conflict between these actions taken on
January 2nd to not reappoint, but to rather accept applications until
the January 31st for four positions on the PZ. Johnson stated, "the
conflict came into existence on 1/15 when the Council decided by
majority vote to reappoint members into the very same slots that
otherwise would have been filled b all applicants including those
that were applying for reappointment.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 6
Councilman Williams and Hunt did not agree that the 1/15th motion was
in conflict with the motion on the 2nd.
M/S/P Williams/Hunt - appeal from the decision of the Chair. (Motion
carried 3-2: Dave Johnson, Mottaz).
Those that voted in favor of the motion, Dick Johnson, Mayor Johnson,
Jess Mottaz confirmed that the intent of the January 2nd motion was
not to reappoint, but rather to accept applications. Then a decision
be made from the total number of applicants, as well as applicants for
reppointment. Dick Johnson added that the situation was aggravated by
the resignation by one of the PZ members. The reason he changed his
vote was he felt the PZ was losing on experience and was dangerously
low in membership.
Parks Commission Appointment:
The City received two parks commission applications: Susan Johnson,
11291 30th St. N, and Randy Thoreson, 4141 Irish Court.
Councilman Williams explained that it has been a tradition in the City
that family members of elected officials should not be appointed to
the standard city commissions for reasons being important to the City
not to have any impropriety in dealings of our City Councils and
commissions. There has been 3 or 4 cases in the previous years that
this issue had come up and resolved in the family member not being
appointed, but ineligible for appointment to the commission.
M/S/ Williams/Hunt - to request the council adhere to that tradition
and appoint Randy Thoreson to the 2nd alternate position on the parks
commission.
If the Council were to adhere to not appointing family members of
elected officials, Mottaz indicated, -it -should be a city policy. The
Council should pass a resolution stating this not allowed.
M/S/P Dick Johnson/Hunt - to table motion until the February 21st
Council meeting. (Motion carried 4-1: Williams: Regardless of which
member of the council would have been involved., he would have said the
same thing. It had nothing to do with Mr. Johnson being Mr.
Johnson ---it is because Mr. Johnson is the Mayor.)
9. CITY ENGINEER'S REPORT:
A. Proposed 1991 Street Improvements:
Hytrail from Highland Trail to 59th Street
Legion Avenue from 20th Street to Legion Lane
City Engineer, Larry Bohrer, presented and reviewed the feasibility
reports for Hytrail Avenue and Legion Avenue. Bohrer explained that in
the past these types of overlays have been fully assessed except on
state aid roads.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 7
The Council requested the City Engineer present at the public hearings
Altenate #1 for proposed assessments and to include the three Derrick
land parcels in the public hearing process.
M/S/P Hunt/Williams - to adopt Resolution No. 91-4 receiving
feasibility report and calling a public hearing on improvement of
Hytrail Avenue from Highlands Trail N. to 59th St. N. for the March
5th Council meeting. (Motion carried 5-0).
M/S/P Hunt/Dick Johnson - to adopt Resolution No. 91-5 receiving
feasibility report on Legion Avenue from 20th Street to Legion Lane
and calling a public hearing for the March 5th Council meeting.
(Motion carried. 5-0).
B. 201 Rate Schedule for 1991
Larry Bohrer reported in his memo, dated January 30; 1991, that one of
the requirements of the 201 Grant was that the City set up and.
maintain a user charge system for the operation, maintenance, and.
replacement of the off -site and collector sewer system. 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.
The rates for 1990 were raised from $120 per year to $180 per year for
each equivalent residential unit (FRU) except the two individual
off -site systems which require minimal maintenance. Because of the
ra.te increase in 1990, the fund balance is approximately 82,500.
Bohrer recommended no change in the rates for 1991 over what was
adopted in 1990.
M/S/P Williams/Mottaz - to accept the January 30, 1991 Rate Structure
for 201 systems report prepared by the City Engineer and that the
rates established in 1990, as indicated in this report, remain in
effect thru 1991. (Motion carried 5-0).
C. Update on 33rd & Laverne Street & Drainage Improvements
City Engineer Bohrer reported. that 33rd and Laverne is the next
scheduled municipal state aid project that is in our plan and covers a
good dealof the old village drainage north of the tracks. The City
cannot construct state aid streets without providing adequate
drainage. We need to construct state aid streets with conjunction of
the old village drainage improvements to take advantage of state aid.
Storm Sewer Route C seemed to be the most feasible route.
Bohrer added that any plan proposed has to obtain a permit from the
VBWD. He discussed this with the VBWD engineers, and they felt we
would be increasing the rate over land because the water would get to
the railroad. culvert faster. The way to overcome this is to provide
ponding to reduce the outflow rate. The opportunities for ponding is
the VFW ballfield and Lions Park. The ballfields would be depressed
approx. 3' below street level, but still useable as ballfields except
during periods of snow melt and heavy rains. State aid pays for 25%
of the outfall sewer. They consider purchase price for a pond and the
cost of constructing the pond as part of outfall sewer.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 8
Mayor Johnson suggested the possibility of diverting runoff from
Schiltgen's farm fields north of TH5 into Sunfish Lake; rather than
the drainage from these fields flow through the Old Village. Bohrer
indicated this would not be eligible for state funding and there is
legal ramifications of transferring water from one watershed to
another.
M/S/P Williams/Mottaz - to direct the City Engineer to submit
assessment figures for the three route alternatives for each
particular parcel involved, to obtain facts and figures on the VFW
Pond, and order a feasibility study on diverting the runoff from the
Schiltgen farm fields north of TH5 and west of CSAH17 into Sunfish
Lake. (Motion carried .5-0).
D. Reconsider final payment for 15th Street MSA Improvement
Larry Bohrer reported the final payment for 15th Street was approved
at $19,791.72 at the December 18th, 1990 Council meeting. In
reviewing their records, Arnt Construction found some extra excavation
and granual borrow was not paid for. The extra work totals $1,058.24.
In that regard, Bohrer revised the final estimate and certificate and
the compensating change order to reflect the changes. A draft
Compensating Change Order No. 1R and Final Estimate and Certificate
No. 4 in the amout of $1,058.24 was provided for Council review.
Bohrer recommended that these revised documents be approved and the
revised payment amount be made. The extra payment is eligible for
State Aid reimbursement.
M/S/P Dick Johnson/Hunt - to approve Compensating Change Order No. 1R
in the amount of $7,472.09. (Motion carried 5-0.
M/S/P Dick Johnson/Mottaz - to approve the Final Estimate and
Certificate No. 4 to T.A. Schifsky and Sons in the amount of
$1,058.24. (Motion carried 5-0).
10. CITY ATTORNEY'S REPORT:
A. Prosecution of Misdemeanor Assaults Against Children:
Carl Blondin
Carl Blondin referred to the letter he received from the County
Attorney asking for authorization to prosecute misdemeanor assaults
committed against children in the City of Lake Elmo. Blondin strongly
recommended that the City authorize the Washington County Attorney to
prosecute all misdemeanor assault cases where the victims are minors
based on reasons listed in his memo dated January 24:, 1991.
M/S/P Hunt/Williams - to authorize the County Attorney to prosecute
misdemeanor assaults committed. against children in the City of Lake
Elmo for reasons listed in Mr. B1ond.in's memo to Council dated January
24, 1991. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 9
The City Council acknowledged receipt of Carl Blondin's memo on
Pr9secutign Procedures for getting a traffic violation to court.
11. CITY COUNCIL REPORTS:
A. Resolution opposing further cuts in state aid to cities
M/S/P Williams/Hunt - to adopt Resolution No. 91-6, Resolution
Opposing Further Cuts in State Aid to Cities. (Motion carried. 5-0).
12. CITY ADMINISTRATOR'S REPORT:
A. Insurance Renewal
The City received a letter from Zignego Insurance Agency regarding the
city's insurance package and also a renewal premium
summary/comparison.
The difference in premiums from 1990/91 to 1991/92 appears to be
approximately 6 1/2%, but this includes the new fire truck and the new
maintenance department truck. These two additions added about $1450.00
to the premium so the actual rate increase is approximately 1.64% over
last year. The City budgeted $34,700 for insurance for 1991 which
covers the proposed premium of $31,926.00.
M/S/P Dick Johnson/Hunt - to approve the renewal for 1991/92 the
city's liability insurance package 'thru the League of Minnesota Cities
Insurance Trust (No. Star Risk Services Inc.) in the amount of
$31,926.00 as proposed by Zignego Agency Inc. Insurance in his letter
dated January 22, 1991. (Motion carried 5-0).
M/S/P Dick Johnson/Williams - to decline the offer to carry excess
liability as proposed by Zignego Agency Inc. Insurance in its letter
dated January 22, 1991. (Motion carried 5-0).
H. Letter from R. Thompson on Comprehensive Plan
The City Administrator asked the City Council to call with any
comments on (Met Council) Richard Thompson's findings and
recommendations on the update of the 1979 Comprehensive Plan for the
years 1990.to 2010.
G. Hammes Letter
M/S/P Mottaz/Williams - to direct the City Building Official to send.
the Hammes' letter out; but to include an addition to Item 2,
requesting receipt for removal of tires. If they (Hammes) propose a
different time schedule, this schedule is to be brought back to the
City Council. (Motion carried 5-0).
The remaining agenda items were postponed.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 10
M/S/P Williams/Dicks Johnson - to adjourn the regular City Council
meeting at 12:00 p.m. to an Executive Session. (Motion carried 5-0).
EXECUTIVE SESSION: The purpose of the Executive Session was to
discuss the status of the following lawsuits: Derrick Land, Jamie
Olson, Brockman/Fraser and Enright Annexation.
-----------------
Resolution No. 91-4 Receiving Feasibility Report & Calling Hearing
on Improvement of Hytrail Avenue
Resolution No. 91-5 Receiving Feasibility Report & Calling Hearing
on Improvement of Legion Avenue
Resolution No. 91-6 Opposing Further Cuts in State Aid to Cities
Resolution No. 91-7 Setting Forth the City's Current Position on the
Lake Elmo Airport
II. BUDGETING
E. BUDGET CHECKLIST FOR COUNCIL
F. TAX LEVY LIMITS
Maplewood levy limit for taxes payable in 1991:
1,086,777 1990 State aids
+ 5,753 081 Payable 1990 levy limit
6,839,858 Payable 1990 levy limit base
1.03 Inflation adjustment
7,045,054 Inflation adjusted levy limit base
1.015 Growth adjustment - 50% of the greater
increase in population or households
between 1988 and 1989
7,150,730 Growth adjusted levy limit base
- 112,942 Less 1991 State aid
- 975,329 Less 1990 State aid reduction
6,062,459 Payable 1991 levy limit
G. SPECIAL LEVIES OUTSIDE OF LEVY LIMITS
H. TRUTH IN TAXATION LAW
3
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TKDA
AN SON
AND ASSOCIATES, IN ORATE
ANO ASSOCIATES, INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101.1893
6121202.4100
January 30, 1991
FAX 012/202�0083
Honorable Mayor and City Council
Lake Elmo, Minnesota
Re: 1991 Rate Structure fo 201 Systems
Lake Elmo, Minnesota
Commission No. 9150-001
Dear Mayor and Council:
One of the requirements of the 201 Grant was that the City set up and maintain a user charge
system for the operation, maintenance, and replacement of the off -site and collector sewer
systems. Sections 707.050 and 707.060 of the City Code require that the Council annually
review the fund balance and adjust the rate structure accordingly.
In 1988 and 1989, the sewer charge was $120 per year for each residential equivalent unit. 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 mid the income was $4,870, leaving a year-end
balance of - $1,421, for a cumulative fund balance of - $.158. The fund should have had a 2-year
ending balance of + $720 to cover future replacement of pumps and controls.
We 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
minitmual maintenance. The new rate structure below was adopted for the last three quarters of
1990.
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
Main Street Shop 1 180.00
45.00
Lake Elmo Imt 8 1,440.00
360.00
The attached tabulation shows the income, expenses, and fund balances for the last three years.
Because of the rate increase in 1990. the fund balance is approximately $2,500, which is where it
should be. We recommend no change in the rates for 199 t over what was adopted in 1990.
Sincerely,
Larry D. Bolmer, P.E.
LDB/nnha
Enclosure
201 PROJECT
INCOME AND EXPENSE TABULATION
1988
1989
190
Income - Sewer Charges
$4,870.00
$4,870.00
$6,675.00
Expenses
Salaries
$2,237.53
$4,666.35
$2,034.09
Utilities
209.72
209.19
263.24
Audit
800.00
800.00
500.00
Repair and Maintenance
97.35
305.19
1,128.46
Schools acid Licenses
202.08
250.82
15.00
Office Supplies
60.00
60.00
0.00
Consultant
0.00
O,QO
70.21
Total Expenses
$3,606.68
$6,291.55
$4,011.00
Profit or (Loss)
$1,263.32
($1,421.55)
$2,664.00
Cumulative Fund Balance
$1,263.32
($ 158.23)
$2,505.77
DEC-21-'90 FRI 13:50 ID:JAMES R HILL IIIC TEL N0:E12 884-9518 #803 P02
(� .Arms Ra HILL, IBC.
' PLANNERS ENGINEERS SURVEYORS
9401 IAMEs AYE. SO., SUITE 140, 8 00MINGION, Mn 55431 612/884-3029 FAX BB4.9518
December 21, 1990
Ms. Mary Kueffner
City Administrator
City of Lake Elmo
5800 Laverne Avenue South
Lake Elmo, MN 55042
Dear Ms. Kueffner:
I do appreciate my work and experiences with the City of Lake Elmo. I
also desire to be re -appointed as City Planner for 1991 and look forward
to our future endeavors. Our Company again proposes to extend the terms
of the existing Agreement For Professional Services through 1991. The
attached hourly rate schedule dated July 1988 will again apply to the
extended Agreement.
Thank you for the opportunity to serve the City.
Sincerely,
JAMES R. HILL, INC.
Michael J. Black
vice President
MJB/ag
Encl
DEC-21-190 FRI 13:51 I1):JRf9EE P, HILL INC TEL N0:612 384-9518 131D"')3 P03
—' JAMEs R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
9401 JAMES An. So., SoITE 140, BLOOMINGTON, MN 55431 611/884.3029 FAX 884.9518
PROFESSIONAL SERVICES HOURLY RATE SCHEDULE
JULY 1988
PLANNER
IV
$65/Hour
PLANNER
III
$59/Hour
PLANNER
II
$35/Hour
PLANNER
I
$30/Hour
EHG lKES8jNG :
PRINCIPAL, I
$89/Hour
PRINCIPAL II
$70/Hour
REGISTERED ENGINEER
IV
$54/Hour
nGISTERED ENGINEER
III
$49/Hour
REGISTERED ENGINEER
II
$45/Hour
REGISTERED ENGINEER
I
$38/Hour
PROJECT COORDINATOR
$49/Hour
PROJECT REPRESENTATIVE
$39/Hour
SENIOR ENGINEER TECHNICIAN
$38/Hour
ENGINEER TECHNICIAN
II
$32/Hour
ENGINEER TECHNICIAN
I
$28/Hour
PROJECT ANALYST
$70/Hour
slT=xlNs:
REGISTERED LAND SURVEYOR $58/Hour
SURVEY PROJECT COORDINATOR $49/Hour
SENIOR SURVEY TECHNICIAN $42/Hour
SURVEY TECHNICIAN III $36/Hour
SURVEY TECHNICIAN II $30/Hour
SURVEY TECHNICIAN I $27/Hour
2 MAN SURVEY CREW $77/Hour
3 MAN SURVEY CREW $89/Hour
COMPUTER TECHNICIAN II $47/Hour
COMPUTER TECHNICIAN I $40/Hour
WORD PROCESSOR/CLERICAL $25/Hour
PRINTING At Cost
DELIVERY SERVICE At Cost
REQUEST FOR COUNCIL.ACTION
Meeting Date
January 2, 1991
GEN CA SECTION
Building Official Report 4F.
TE:''i: Review of Conditional Us.e Permits. I
TO: Honorable Mayor & City Council
FROM: Jim McNamara, Building Official
RE: Review of Conditional Use Permits
ORICiNATING-
DEPARTMENT.
BY:
APPROVED FCR
AC EN DA BY:
The following Conditional Use Permit holders are requesting continued
operation for 19.91:
(1) Animal Inn Complex
Dr. Ostrander— Vet Clinic
John Tauer - Grooming', Supplies -
Charles Anderson. - Training School
Dr. Swanson - Crematory
Conditions:
(1) Maximum of 117.dogs in kennel at one time.
(2) Maintain trust fund for.care of pet cemetery.
(3) Owners may operate obedience training school.
(4) Maintain parking for 100 cars.
(2) Armstrong
Conditions: (see attached)
88 Vehicles in storage (outside) at present time.
(3) Bergmann Greenhouse
Conditions:
Approved under section 301.130 of the City Ordinance.
(4) Breheim Kennel
Conditions:
(A) Maximum of 7 dogs over 6 months old.
(B) Use is not transferable.
(C) Kennel setback 400 feet from property line.
(D) Dogs to be enclosed in runs.
(5) Cimarron Golf Course
Conditions: (see attached)
(6) Fisher Doq Kennel
Conditions:
(A) No boarding of dogs.
(B) No open burning.
(C) Non transferable.
Pg 1
(7) Rockin' L Trailer Sales
Conditions:
(A) Storage shall be inside or screened from view.
(B) One 4'x8' non -flashing lighted sign.
(C) Ponds to remain as is and kept clean.
(D) No permanent structures built in support of use.
(E) 150'x300' display area in S.E. area.
(8) Lauseng Stone
Conditions:
(A) Operating hours 8 a.m. to 8 p.m.,
10 a.m. to 5 p.m. on Sunday.
(B) One business sign only.
(C) Storage must be 210' from Highway
(D) Comply with 1979 Site Plan.
(E) No expansion.
(F) Screening to be maintained.
(G) Parking for maximum of 30 cars.
(9) Oakdale Gun Club
Monday thru Saturday and
Right of Way.
Conditions:
(A) Fencing per City Ordinance.
(B) Noise Abatement to be used.
(C) Shotgun range to be limited to #6 Shot.
(D) No expansion permitted.
(E) Schedule of Events and Club Officers to be provided
to Sheriff's Office.
(10) Shafer Contracting Co., Inc.
Conditions:
(A) Operations per plan on file with City.
(B) Operations to conform to Sect. 901 of 1979 City Ordinance.
(11) Vali Hi Drive -In
Conditions:
(A) Deputy on Duty Friday, Saturday and Holidays when more than
50 cars are expected.
(B) Prevent littering on adjoining property.
(C) Treat parking areas and drives to prevent dust.
(12) Springborn Green Acres
Conditions:
(A) Approved for Tube -Slide, Ski Hill & Lift, Ice Skating,
Sleigh Rides, Hay Rides and Paddle Boats.
(B) Speakers are not to disturb adjacent property owners.
(C) No operations after 10:00 p.m.
(D) Maximum of 12 after -hour events per year.
(13) Trans City Investment
Conditions: (see attached)
(14) Hammes Mining
Conditions:
(A) To operate under Section 901 of City Ordinance.
Pg 2
(15) Linder Greenhouse
Conditions: (see attached)
(16) Country Air Driving Range
Conditions: (see attached)
During the past year any problems that surfaced with the C.U.P.'s were
dealt with at that time. At present, all C.U.P.'s are operating
within their specific conditions.
The following comments concern some of the Conditional Use Permits:
(1) Armstrong - at the time of the inspection (December 17, 1990)
there were 88 vehicles stored outside where 100 is permitted.
(2) Trans City Investment has resurfaced their entrance road.
Septic Tanks were pumped in September. Updated list of all
occupants is attached. Double row of trees has been planted.
(3) Shafer Mining has accumulated some old blacktop from the County
Improvement Project on 50th Street. This blacktop will be
removed, crushed and reused somewhere else.
(4) Hammes Mining is operating within their specific conditions,
however, the many outside storage violations still exist (City
ordinance 1503). This may be a concern the City Council would
want to address.
(5) Lauseng Stone - although they have increased their business in
the amount of material used and sold, they continue to operate
within the conditions specified.
pg 3
RESOLUTION 88-16
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO THOMAS G.
ARMSTRONG TO ALLOW THE ALTERNATIVE AGRICULTURAL USE OF
CERTAIN BUILDINGS ON PREMISES USED FOR STORAGE IN THE
AGRICULTURAL ZONING DISTRICT
WHEREAS, Thomas G. Armstrong has applied for a Conditional Use
Permit under the Alternate Uses Section of the Agricultural zoning
district to allow the operation of existing storage business (indoor
and outdoor), and to allow for the future construction of two
additional agricultural style buildings for storage use in areas
designated in the site plan submitted to the City; and
WHEREAS, the proposed Conditional Use Permit was requested to
apply to the entire 254.6 acres (less road right of ways) of
agricultural real estate currently owned in the City of Lake Elmo by
Thomas G. Armstrong as contiguous real estate, described as follows:
The Northwest Quarter of Section 28, Township 29 North, Range 21 West,
Washington County, State of Minnesota, containing 160 acres, more or
less.
The East Half of the Southwest Quarter of Section 28, Township 29
North, Range 21 West, Washington County, containing 80 acres, more or
less.
The Northwest Quarter of the Southwest Quarter of Section 28, Township
29 North, Range 21 West except the westerly 780 feet thereof and
except the following described parcel, to -wit: Commencing at the
northwest corner of said Northwest Quarter of the Southwest Quarter,
thence east along the north line of said parcel for 780.0 feet to the
point of beginning of this description; thence continuing east along
said north line of the Northwest Quarter of the Southwest Quarter for
160.0 feet; thence south at right angles for 360.0 feet; thence west
at right angles for 160.0 feet; thence north at right angles for
360.00 feet to the point of beginning, said parcel containing 14.6
acres, more or less.
WHEREAS, Section 301.070 D.l.b.(6) of the City of Lake Elmo
Municipal Zoning Code permits up to six acres on this contiguous site
to be set aside for alternative agricultural use under the provisions
of that section; and
WHEREAS, an existing use of that site, consisting, in particular,
of three buildings with some additional outside usage, involves the
rental of space for storage purposes; and
WHEREAS, the aforesaid Zoning Code would permit on the premises
storage of up to one vehicle for each 2-1/2 acres, or up to 100
vehicles, would be permitted for outside storage; and
WHEREAS, it appears that this particular applicant has met the
requirements of Section 301.070 D.l.b.(6) and that the proposed use is
in conformity with that provision, as well as the City's other
ordinances and Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lake Elmo, f
THAT a Conditional Use Permit for an alternative agricultural use
as allowed by Section 301.070 D.l.b.(6) is hereby granted to Thomas G.
Armstrong for the purpose of utilizing those premises for the
operation of his existing storage business subject to such other
restrictions and additions as may be hereinafter specified; and
THAT the Conditional Use Permit granted herein is subject to the
following conditions:
1. That the Conditional Use Permit shall apply to the entire
254.6 acres of agricultural real estate owned by Thomas G. Armstrong
(hereinafter referred to as "Landowner") within the boundaries of the
City of Lake Elmo, which land shall be deemed a single contiguous
parcel for the purposes of enforcing this Conditional Use Permit and
the related provisions of the Lake Elmo City Code.
2. The area for the use specified in this Conditional Use Permit.
shall not exceed six acres and the site shall be within the general
limits of the site plan submitted to the City Council and staff by the
Landowner.
3. The allowed use within the aforesaid site .shall be the
storage of cars, trucks, boats, trailers, recreational vehicles, and
other vehicles and goods inside agricultural style buildings on the
site. Any outside storage of cars, trucks, boats, trailers,
recreational vehicles and other vehicles in the area designated on the %
site plan shall not exceed 100, said number being computed as one
vehicle or 150 square feet of occupied space per 2.5 acres of the
total parcel.
4. The Landowner will not be permitted to construct more than
two additional buildings not to exceed 15,000 square feet each for
storage use in the areas designated in the site plan.
5. The Landowner shall maintain his remaining land or farm his
remaining land in accordance with the required practices of the Soil
and Water Conservation District.
6. The Landowner shall comply with the proposed and existing
landscape plan attached and submitted to the City Council at its
meeting of December 16, 1986. in particular, the landowner agrees to
make every reasonable effort to provide natural vegetation equivalent
to five feet in height by June 1, 1992, and the equivalent of eight
feet in height by June 1, 1995. The planting of such natural
vegetation shall consist of existing pine and spruce plantations and
proposed pine and spruce plantations submitted as part of this
proposal. It is understood that some of these trees may be harvested
for Christmas tree sales, but at least six rows of trees shall remain
and be allowed to grow to maturity. The lilac hedges on the site
shall be maintained so as to provide screening for any outside storage
areas.
7. There shall be no signs and no paved parking areas on the
site. All the outside storage areas, driveways, and building aprons
shall be of grass or of lime rock.
8. The water runoff from any existing agricultural buildings or
proposed agricultural style buildings shall meet the one percent rule
as to rate and volume. Requirements shall be met to the satisfaction
of the City Engineer by October 1, 1987.
9. Except for outside storage, which may be partially visible
from public roadways until said landscape plan reaches maturity, all
buildings and farm areas will be maintained so as to give a rural farm
appearance.
10. The Landowner shall reside on the contiguous real estate and
be the owner and operator of any business related to this use.
11. No use allowed under this Conditional Use Permit shall cause
pollution nor shall any hazardous materials be stored on the site.
12. It is expressly understood by the Landowner that any hazard
to the health or welfare of the City could and would be grounds for
immediate revocation of this permit.
This Conditional Use Permit will be reviewed on an annual basis, and
may be rescinded, after a 2 week notice and a public hearing, if the
City Council finds that the public health, safety, or welfare is
jeopardized.
Adopted by the City Council of the City of Lake Elmo this 5th day of
January, 1988.
"if
Arlyn C11rist, Mayor
Mti4-o�+.
RESOLUTION 88-3
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
CIMARRON PARK FOR A PUBLIC GOLF COURSE
IN THE R-3 ZONING DISTRICT
WHEREAS, Cimarron Park has applied for a Conditional Use
Permit for a Public Golf Course at 901 Lake Elmo Avenue North in the
City of Lake Elmo known as that part of the Southeast Quadrant bounded
by County Road 70 on the North and Lake Elmo Avenue (CSAH 17) on the
West. Being a nine hole, 2345 yard, golf course along the north west
perimeter of the following described development: the west 10 rods of
the NW 1/4 of the NE 1/41 all that part of the N 1/2 of the NW 1/4,
Sec. 36, T29, R21, except the west 700 feet of the North 630 feet
thereof; all that part of the South 1/2 of the NW 1/4, all in Sec. 36,
T29, R21, and has submitted all required information and fees for the
application for such permit; and,
WHEREAS, Section 301.070 D 5 b (5) of the Municipal Code of
Lake Elmo requires a Conditional Use Permit to operate a Public Golf
Course in the City of Lake Elmo; and,
WHEREAS, the ZONING ORDINANCE section of the Municipal Code
Of Lake Elmo sets forth the conditions under which said permit may be
granted and such use permitted; and,
WHEREAS, the applicant meets or exceeds all the conditions
set forth above.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo,
THAT, the Conditional Use Permit for a Public Golf Course at
901 Lake Elmo Avenue North is hereby granted to Cimarron Park, subject
to the following conditions:
1. That the owners of Cimarron Park shall demonstrate that they have
taken responsible action to process claims for damages from golfers to
residences and personal property of residents. Claims to be submitted
to Cimarron Management with a copy of each claim sent to the City.
Cimarron will prepare a year-end report on all claims and their
disposition for Council review.
2. That the owners of Cimarron Park shall comply with the City's
Noise Ordinance.
3. The owner shall maintain the buffer between the homes in Cimarron
Park at the golf course.
4. That all mowing of the golf course shall begin at the perimeter of
the course and end at the area closest to the homes•. Mowing near the
homes shall not be allowed before 7:00 a.m. Monday through Friday and
not before 8:00 a.m. on weekends.
5. That Cimarron Park owners
parking, sewer facilities and
patrons of the golf course.
shall provide adequate off-street
solid waste disposal to serve the
6. That reasonable efforts will be made to accomodate, if possible,
the needs of handicapped persons desiring access to the public
facilities of Cimarron Park.
7. That watering of the golf course will be allowed from sunset to
sunrise.
This Conditional Use Permit will be reviewed onan
annual basis, and ring, if the
may be rescinded, after a 2 week notice and a public
City Council finds that the public health, safety, or welfare is
jeopardized.
ADOPTED, this 5th day of January 1988, by the City Council
of the City of Lake Elmo, Washington County, Minnesota.
signed
Arlyn Christ, Mayor
Attest:
ROSEN, MEYER & SIMONS
LAWYERS
WILLIAM S. ROSEN AUG 2 81989 1016 MERITOR TOWER
DAVID D. MEYER 444CEOAR STREET
WILLIAM P. SIMONS SAINT PAUL. MN 55101
August 24, 1989
TELEPHONE(612) 227-7731
TELECOPIER(612) 223-8514
Mayor Susan Dunn
Lake Elmo City Offices
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: TRANS -CITY INVESTMENTS (HOWARD GELB)
11490 Hudson Boulevard, Lake Elmo, MN 55042
The Northeast Quarter of the Southwest Quarter of
Section Thirty -Six (36); T29N, R21W; and also All that
part of the Northwest Quarter of the Southeast Quarter
of Section Thirty-six (36), T29N, R21N described as
follows, to wit: Commencing at the Southwest corner of
the Northwest Quarter to the Southeast Quarter; then
North along the West line a distance of 152 feet to, a
point; thence Southeasterly in a straight line to a
point on the South line of said Northwest Quarter'of
the Sout east Quarter to a point; said point being
located �3 feet East of the point of beginning; thence
West 33 feet to the point of beginning; and the West
two (2) rods of the South Half of the Southeast Quarter
of Section 36, T29N, R21N, Washington County; commonly
known as 11490 Hudson Boulevard
Our File No. 8283
Dear Mayor Dunn:
This will confirm the understanding between Trans -City
Investments (Howard Gelb) and the City of Lake Elmo concerning
the conditional use permit for the above -described property,
arising out of the council meeting that Mr. Gelb and I attended
on Tuesday, August 15, 1989.
The understanding is as follows:
1. The conditional use permit (Resolution 87-28 adopted
May 5, 1987) will remain in full farce and effect from
year to year without further action by Mr. Gelb or the
City;
Mr. Gelb will notify the City when a lease is termi-
nated and a new tenant moves in. Consistent with this
requirement, there is enclosed herewith a list of the
current tenants designating the date of lease com-
mencement and the date of expiration together with
Mayor Susan Dunn
August 24, 1989
Page Two
a brief description of the tenants' activities. The
notice that Mr. Gelb will provide will consist of a
letter to the Building Inspector containing the
information as set forth on the enclosed list;
3. A landscaping plan has been prepared and submitted to
the building inspector by Mr. Gelb;
4. Tests have established that the septic tank system is
not being used to capacity, and Mr. Gelb will not
permit the septic tank to be used beyond capacity.
5. None of the existing tenants are engaged in any
agricultural activities and it is unlikely that any
future tenant will be so engaged. This is in
accordance with the terms of the conditional use permit
(Resolution 87-28, May 5, 1987) and the planning
commission minutes of April 27, 1987 which provide that
Mr. Gelb may use the 5 acre tract upon which the 62,000
sq. ft. building stands for nonagricultural businesses.
Respectfully submitted,
WILLIAM S. ROSEN
WSR/mb
enclosure
cc: Ms. Patricia Morrison, City Clerk
Mr. James McNamara, Building Inspector
Mr. Howard Gelb
(17Po. J`I`io)
TRAbs—CITY INVES
Lake Elea
Bay No.
Tenant
1
Gruber Pallets
2
Gruber Pallets
3
Gruber Pallets, effective July 1990
4
B G Corporation, effective 1990
5
Kato Food Products
6
Scott Anderson (Lakeland Distributing)
7
Casanova Beverage, effective October 1990
8
Part Three Corporation
9
H & M Custom Furniture, effective October 1990
10
H & M Custom Furniture
11
Glass Etcetera
12 N
Thomas Nash (General Household Repair), effective July 1990
12 S
Diversified Bank Installations
13
Diversified Bank Installations
14
Diversified Bank Installations
15
R & M Produce
16
Architectural Millwork
17
VACANT
18
Architectural Millwork
19
Baber Electric
20
Architectural Millwork
21
Diversified Bank Installations
22
H & M Custom Furniture, effective April 1990
L /N,P- �- &)e ceAl PGUSC
WHEREAS, the Planning Commission, at its meeting of July 11,
1988, recommended Council approval of this Conditional Use Permit,
subject to the applicant complying with the following conditions:
(1) The approval, granted under this resolution, shall be
limited to the proposed Stage I Construction consisting of
a 29,000 square foot greenhouse structure and a 7,250 square
foot steel pole building; any proposed expansion hereafter,
onthis site, shall be subject to Planning Commission and
City Council review and approval;
(2) Retail sales shall not be permitted on the site;
(3) Adequate drainage and/or ponding on the site shall be
provided, in accordance with the recommendations of the City
Engineer, and in conformance with the current Lake Elmo
Codes, Ordinances and one percent rule as to rate and
volume.
(4) The applicant shall comply with the following landscaping
requirements:
(a) On the entire length of the north and west property
boundaries, three staggered rows of evergreen trees,
being two to four feet in height, shall be planted
and maintained to provide a buffer to adjoining
properties; and,
(b) Shrubbery shall be planted around the identification
signage, at the entry to the property, to buffer from
affected surrounding properties; the identification
sign shall not exceed square footage of 3' x 6' in
size.
(5) Lighting, on the site, and for the greenhouse, shall conform
to existing City Code lighting standards and requirements,
as set forth in Section 1508 of the code; all lighting -shall
be shielded to diffuse lighting from surrounding properties.
(6) The applicant, under this Conditional Use Permit for
Stage I, shall be limited to the construction of one 2000
square foot accessory structure for uses, as permitted by
Code, other than those uses directly affiliated with the
operation of the greenhouse.
(7) No use allowed under this Conditional Use Permit shall cause
pollution nor shall any hazardous'materials be stored on the
site, other than those required for operation of said
greenhouse.
DATE APPROVED: 8-21-90
DATE ISSUED: 8-30-90
LAKE ELMO CITY COUNCIL MINUTES
JULY 23, 1990
Mayor Dunn called the Special City Council meeting to order at 2:00
p.m. in the City Council chambers. Present: Dunn, Hunt, Armstrong,
Graves and Administrator Kueffner. Absent: Councilman Williams.
1. AGENDA
Add: 3. Shoreland Permit: Gary Kimlinger, 9461 Jane Road N.
M/S/P Hunt/Graves - to approve the July 23, 1990 Special City Council
meeting agenda as amended. (Motion carried 4-0).
2. Request for a Rezoning to Ag and a C.U.P. to allow for a
Golf Driving Range. Applicant: Ray Salus"
On July 17th a public hearing was held by the Council for a variance
to lot size in Agricultural Zoning. The Council approved granting a
variance for lot size in Ag Zoning based on Findings stated in the
motion. (See cc 7-17-90 Minutes).
The Council discussed prohibiting exterior lighting except on the east
side of the office and the entrance driveway will be in accordance
with the recommendation of Washington County, opposite of the new
entrance to "The Forest".
M/S/P Graves/Armstrong - to adopt ordinance 6037, granting Raymond and
Jane Salus, 404 Lake Elmo Avenue, a rezoning from Rural Residential to
Agricultural Zoning. (Motion carried 4-0).
M/S/P Hunt/Graves - to adopt Resolution 90-25, Resolution granting a
Conditional Use Permit to Raymond and Jane Salus, Country Air Golf
Driving Range, for commercial recreation of a rural nature in the
Agricultural Zoning District subject to the following conditions:
(Motion carried 4-0).
1. Existing road frontage be left in its current rural
condition with the addition of conifers such as blue
spruce to provide additional screening of business;
2. To be consistent with the rural character, a variance
will be granted to allow an unpaved driveway and parking
lot;
3. Exterior lighting is prohibited except on the east
side of the office, and said lighting shall not reflect
off of the property;
4. A sign will be allowed by the entrance with a maximum of
20 sq.ft. using natural colors. Trees and shrubs shall
be used to reduce the visibility of the sign from
residential property across the street;
LAKE ELMO CITY COUNCIL MINUTES JULY 23, 1990 PAGE 2
5. A berm shall be constructed to block the view of the
cars and tee positions from residential property across
County Road 17;
6. An office 45' x 30', one-story, is permitted;
7. Parking for a maximum of 35 cars is permitted;
S. Maximum hours of operation are 7 a.m. to Sunset;
9. Two rows of shrubs shall be planted in conifers with
8' x 8' spacing on the north, south, east sides
of the range. Dead trees shall be replaced and trees
shall attain an average height of at least 24"
in 5 years;
10. The entrance driveway will be, in accordance with the
recommendation and direction of Washington County;
11. A public address system will not be allowed;
12. No liquor license will be permitted.
3. Shoreland Permit: Cary Kimlinger, 9461 Jane Road N.
Gary Kimlinger of 9461 Jane Road N. has requested a Shoreland permit
to construct a boathouse on his property. Building Official, Jim
McNamara, reported, due to a emergency situation at Mr. Kimlinger's
home (the lower level completely flooded due to a broken water line
from his well),he is in need of a temporary storage area to store all
the furniture and personal belongings affected by the flooding
conditions. Molly Shodeen of the DNR has approved the request for a
20' x 12' boathouse to be used temporarily as a storage area because
of the situation and the proposal does meet all requirements.
M/S/p Armstrong/Hunt - to approve granting a shoreland permit based on
DNR approval to Gary Kimlinger, 9461 Jane Road N., to construct a 20'
x 12' boathouse to be used temporarily as a storage area due to the
emergency situation. (Motion carried 4-0).
M/S/p Hunt/Graves - to adjourn the Special City Council meeting at
2:15 p.m. (Motion carried 4-0).
- -----------------
ordinance 8037: Granting Raymond and Jane Salus, 404 Lake Elmo Avenue,
a rezoning from Rural Residential to Agricultural Zoning.
RESOLUTION 90-25: Granting a Conditional Use Permit to Raymond and
Jane Salus, Country Air Golf Driving Range, for commercial recreation
of a rural nature in the AG Zoning Dist.
GEOCODE: 03-29-21-42-0002
PIN 370032005
Owners
Contract Purchasers
v GEOCODE: 03-29-21-13-0002
PIN 370032050
Owners
Contract Purchasers
GEOCODE: 03-29-21-12-0001
PIN : 370032100
GEOCODE: 03-29-21-12-0002
PIN : 370032150
MEYER FRANK V & ARLEENE M
TRUSTEES
750 N HWY #95 - #305
BAYPORT MN 550030000
NORTHERN LAKES DIVERSIFIED INC.
11000 CENTRAL AVE NE
BLAINE MN 554340000
PALZER PROPERTIES
3919 52ND AVE N
MINNEAPOLIS MN
NELSON PROPERTIES INC
6579 NORTH SHORE TRL
FOREST LAKE MN
554290000
550250000
LAUSENG RUBEN D & LAUDINE P
09591 60TH ST N
LAKE ELMO MN
550420000
PEDERSON MORRIS E & DONNA J
09585 60TH ST N
LAKE ELMO MN
550420000
r
GEOCODE: 03-29-21-31-0001 KLEIS LAWRENCE F
PIN 370032400 09241 60TH ST N
LAKE ELMO MN
550420000
GEOCODE: 03-29-21-24-0001
PIN : 370032600
GEOCODE: 03-29-21-21-0002
PIN : 370032660
GEOCODE: 03-29-21-21-0003
PIN : 370032700
GEOCODE: 03-29-21-22-0002
PIN : 370032800
v GEOCODE: 03-29-21-22-0005
PIN : 370032950
GEOCODE: 03-29-21-33-0001
PIN : 372402000
KLEIS LAWRENCE F
09241 60TH ST N
LAKE ELMO MN
550420000
JOHNSON GORDON G
9265 60TH ST N
LAKE ELMO MN
UNITED POWER & LAND CO
414 NICOLLET MALL
MINNEAPOLIS MN
SCHAEFER ALVIN J
9109 60TH ST N
LAKE ELMO MN
SCHAEFER ALVIN J
9109 60TH ST N
LAKE ELMO MN
550420000
554020000
550420000
550420000
CITY OF LAKE ELMO
C/O ADMINISTRATOR
3880 N LAVERNE AVE
LAKE ELMO MN 550420000
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
FEBRUARY 5, 1991
7:00 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: January 15, 1991
3. CLAIMS
4. PUBLIC INQUIRIES
5. REAPP REPO-T
A. Contract with Colle McVoy
B. Contract with Pat Forceia
C. Strategy Update
D. Other
7:30 6. Scott Renne, Washington County Auditor
A. Council reconsideration of tax abatement requested
by Connco Shoes: Dave Johnson
B. Property tax information
8:00 7. Update from Cable Commission Representatives,
Dave Garloff and Karen Wandmacher
8:15 8. PLANNING/LAND USE AND ZONING:
A. Draft resolution opposing expansion of Lake
Elmo Airport
B. Continuation of Variance to height of
accessory structure:
Applicant: David Schwarz, 1.0961 32nd St.
C. Planning and Parks Commission Applications
D. Other
8:40
8:50
------B R E A K --------------------
9. CITY ENGINEER'S REPORT:
A. Proposed 1991 Street Improvements:
Hytrail from Highlands Trail to 59th Street
Legion Avenue from 20th Street to Legion Lane
B. 201. Rate Schedule for 1991
C. Update on 33rd & Laverne Street &
Drainage Improvements
D. Reconsider final payment for l5th Street
MSA Improvement
E. Other
10. CITY ATTORNEY'S REPORT:
A. Prosecution of Misdemeanor Assaults
Against Children: Carl Blondin
B. Prosecution Procedures: Carl Blondin
C. Update on civil legal matters: Jerry Filla
11. CITY COUNCIL REPORTS::
A. Update from Councilman Hunt on road safety
concerns
B. Update from Councilman Johnson on
compost site
C. Resolution opposing further cuts in
state aid to cities
12. CITY ADMINISTRATOR'S REPORT:
A. Insurance Renewal
B. Furnace for Maintenance Dept.
C. Word Processor for Maint. Dept.
D. Recodification of Municipal Code
E. Comp Plan Update
F. Rental Property Update
G. Hammes Letter
13. Adjourn
TL };
A
TOLTT, KING, DUVALL, ANDERSON
ii
AND ASSOCIATES, INOORPORATED
ENGINEERS ARCHITECTS PLANNERS
2600 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101 A 803
612/292-"0
January 30, 1991
FAX 612/292.0083
Honorable Mayor and City Council
Lake Elmo, Minnesota
Re: Reconsider Final Payment
15th Street North
Lake Elmo, Minnesota
Commission No. 9492-02
Dear Mayor and City Council
At the December 18, 1990, Council Meeting, the final payment for 15th Street was approved at
$1.9,791.72. Last week, a subcontractor, Ann Construction, telephoned us to explain that hi
reviewing their- records some extra excavation and granular borrow was hot paid for. After
reviewing our records we agreed. I'lre extra work totals $1,058.24.
Since this is a unit price contract, the contractor should be paid for the work he performed. hi
that regard, we have revised the final esthnate and certificate and the compensating change order
to reflect the changes. Enclosed for your review and approval are Compensating Change Order
No. 1R and Final Estimate and Certificate No. 4 in the amount of $1,058.24.
We recwmmnend that these revised documents be approved and the revised payment atnount be
made. The extra payment is eligible for State Aid rehnbursernent.
Sincerely,
Thomas D. Prew, P.E.
TDP/mha
Enclosures
I
9492 Cert. No. 4 (Final)St. Paul, MN, January 25, 1991 1
CotTun. No. I
To City of Lake Elmo Owner I
I
This Certifies that T. A. Schifsky and Sons Contractor I
I
For 15th STreet
I
I
lsentitled toOne Thousand Fifty —Eight and 24/100---------$ 1,058.24 ) I
4th
(Fina April 17, 1990 I
being »stimate for partial payment on contract with you dated � I
Received payment in full of above Certificate. TOLTZ, KING, DUVALL. ANDERSON I
AND ASSOCIATES, INCORPORATED I
ENGINEERS -ARCHITECTS -PLANNERS I
. CONTRACTOR 2500 Amedean National Bank Bldg. -
S
' 19-- I
Thomas D. Prew, P.E. 1
I
RECAPITULATION OF ACCOUNT
_ I CONTRACT 1
PLUS EXTRAS I PAYMENTS I cRED S
Contract rice lus extras I I I I I I
All previous paymeM5 1 I
All previous creditsI I I I 1 I
I I I I I I
Extra No. Chan e Order No. 1—R I+ 4721 021 I I I
I I 1 I I I
., I
I I � �I I
AMOUNT OF TT -ITS ERTiFICATE 1,05824I I I
I Dials I I I
Credit Balance I I I
I 1 I I
There will remain unpaid on contract after payment I I 1 0100 1 1
I 1 I I I I
1 1.76.6201 021 176,620102
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED
Engineers -Architects -Planners Saint Paul, Minnesota 55101
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
FINAL
Estimate No. 4 Period Ending November 30 _•.,19 90 Page 1 of 1 Comm. No. 9492
Project 15th Street Imorovements Original Contract Amount
Location Lake�'�.,,,• M'n •,ra $ i69 141.23
Contractor T A Schifsky and Sons
Total Contract Work Completed
Total Approved Credits
Total Approved Extra work Completed
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
Less Approved Credits
Less 0 % Retained
Less Previous Payments
Total Deductions
Amount Due This Estimate
Contractor
Engineer _✓�x�7 / r�"`��
$ 0.00
$ 175 561 78
$ 176,620.02
$ 176,620.02
$. 175,561 78
$ 1,058.24
Date
Date
ESTIMATE NO 4 (FINALZ
CONSTRUCTION OF 15TH STREET
LAKE ELMO, MINNESOTA
COMMISSION NO. 9492
ITEM
/
l NO
DES.S�RI �T INN _-_SLILANTTTY
U�II���CE
CQ$�_
01-2101.502
CLEAR TREES
8.00
EA
40.00
320.00
02-2101.507
GRUB TREES
8.00
EA
40.00
320.00
03-2104.505
REM/DISP BIT PAVEMENT
6650.00
SY
0.60
3,990.00
04-2104.521
SALVAGE CS PIPE CULVERT
204.00
LF
5.25
1,071.00
05-2104.521
SALVAGE WIRE FENCE & POSTS
190.00
LF
1.00
190.00
06-2105.501
COMMON EXCAVATION (P)
7711.00
CY
1.84
14,188,24
07-2105.507
SUBGRADE EXCAVATION
9317.00
CY
1.84
17,143.28
08-2105.522
SELECT GRANULAR BORROW
9473.00
CY
4.60
43,575.80
09-2105.525
TOPSOIL BORROW
120.00
CY
6.50
780.00
10-2130.501
WATER FOR DUST CONTROL
0.00
MG
15.00
0.00
11-2211.501
AGGREGATE BASE CLASS 5
7205.00
TN
4.25
30,621.25
12-2331.508
TYPE 41 WEAR COURSE MIXTURE
791.00
TN
20.45
16,175.95
13-2331.510
TYPE 32 BINDER COURSE MIX
833.00
TN
18.15
15,118.95
14-2331.516
TYPE 32 SHOULDER WEAR/DRIVEWAY
539.00
TN
21.45
11,561.55
15-2357.502
BIT MATERIAL FOR TACK COAT
350.00
GA
1.00
350.00
16-2501.511
15" CS PIPE CULVERT
136.00
LF
11.00
1,496.00
17-2501.511
18" CS PIPE CULVERT
204,00
LF
12.00,
2,448.00
18-2501.521
28" SPAN CS PIPE ARCH CULVERT
120.00
LF
16.50
1,980.00
19-2501.567
15" GS SAFETY APRON/GRATE
4.00
EA
203.00
812.00
20-2501.567
18" GS SAFETY APRON/GRATE
14.00
EA
230.00
3,220.00
21-2501.567
28" SPAN GS PIPE ARCH APRON
4.00
EA
230.00
920.00
22-2557,501
REPL SALVAGED WIRE FENCE
250.00
LF
2.00
500.00
23-2573.501
BALE CHECK
87.00
EA
4.00
348.00
24-2575.501
_
ROADSIDE SEEDING
6.50
AC
143.00
929.50
25-2575.502
SEED MIXTURE NO. 500
300.00
LB
2.02
606.00
26-2575.505
SODDING TYPE A
2690.00
SY
1.45
3,900.50
('
27-2575.511
MULCH MATERIAL TYPE 1
14.50
TN
152.00
2,204.00
28-2575.532
COMM FERTILIZER 12-12-12
1400.00
LB
0.25
350.00
29-0563.601
DETOUR SIGNING
1.00
LS
1500.00
1,500.00
-176,
620.02
176,620 02
CHANGE ORDER
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers -Architects -Planners
St. Paul, MN November 29. 19 90., Comm. No. 949_ Change Order No. la
ToT A Schifskv and
for n _n 1 h
for Lake _Elmo Min=20ta
You are hereby directed to make the following change to your contract dated
April 17 , 19 90. The change and the work affected thereby
is subject to all contract stipulations and covenants. This Change Order will
(increase) (.decrease) (not -change) -the contract sum by
Four -Hundred ev ntv two and - - - - 09/100 Dollars ($ 7 472 09 ).
COMENSATING.C-HANGE-DMIMR
This change order shows the actual quantities installed at the unit price bid
amounts (see attached itemization):
Amount of Original Contract
Additions approved to date
Deductions approved to date
Contract amount to date
Amount of this Change Order
Revised Contract Amount
NET CHANGE (Add) $7,472.09
$ 169 147.23
(Nos. l a
(Nos. ) S 0.00
$ 169,147.93
(Add) (Deduct) {Not -Changed) $ +7 472.09
$ 776 620.02
Approved_CI_T'( OF LA�KF_W-UQ W
Owner
Date
Approved T A SCHIFSKY AND SONS, INC.
Contractor
B�
*Only copies needing signatures.
Date
TOLTZ, KING, DUVALL, ANDERSON
AND_ G%�ES, I C RATED
By
Thomas D. Prew, P.E.
White - Owner*
Pink - Contractor*
Blue - TKDA*
Yellow - Field
Goldenrod - Department
Green - TKDA Main File
CHANGE ORDER NO_1R
COMMISSION NO. 9492
rrPAGE TWO
i
Contract
Quantity
Unit
Net
Item
No
Des�n
Q}�C1.4 itv
to Da�n�ePric
te
Diffe e
Chang
e
01-2101.502
CLEAR TREES
7
8.00
EA
+
1
40.00
+$
40.00
02-2101.507
GRUB TREES
7
8.00
EA
+
1
40.00
+$
40.00
03-2104.505
REM/DISP BIT PAVEMENT
6,650
6650.00
SY
0
0.60
$
0.00
04-2104.521
SALVAGE CS PIPE CULVERT
204
204.00
LF
0
5.25
$
0.00
05-2104,521
SALVAGE WIRE FENCE & POSTS
190
190.00
LF
0
1.00
$
0.00
06-2105.501
COMMON EXCAVATION (P)
7,711
7711.00
CY
0
1.84
$
0.00
07-2105.507
SUBGRADE EXCAVATION
8,591
9317.00
CY
+
726
1.84
+$
1,335.84
08-2105.522
SELECT GRANULAR BORROW
9,325
9473.00
CY_
+
148
4.60
+$
680.80
09-2105.525
TOPSOIL BORROW
400
120.00
CY
-
280
6.50
-$
1,820.00
10-2130.501
WATER FOR DUST CONTROL
20
0.00
MG
-
20
15.00
-$
300.00
11-2211.501
AGGREGATE BASE CLASS 5
6.,100
7205.00
TN
+1,105
4.25
+$
4,696.25
12-2331.508
TYPE 41 WEAR COURSE MIXTURE
845
791.00
TN
-
54
20.45
-$
l,iO4.30
13-2331.510
TYPE 32 BINDER COURSE MIX
880
833.00
TN
-
47
18.15
-S
853.05
14-2331.516
TYPE 32 SHOULDER WEAR/DRIVEWAY 570
539.00
TN
-
31
21.45
-$
664.95
15-2357.502
BIT MATERIAL FOR TACK COAT
350
350.00
GA
0
1.00
$
0.00
16-2501.511
15" CS PIPE CULVERT
68
136.00
LF
+
68
11.00
+$
748.00
17-2501.511
18" CS PIPE CULVERT
192
204.00
LF
+
12
12.00
+$
144.00
18-2501.521
28" SPAN CS PIPE ARCH.CULVERT 120
120,00
LF
0
16.50
$
0.00
19-2501.567
15" GS SAFETY APRON/GRATE -
4
4.00
EA
0
203.00
$
+$
0.00
460,00
20-2501.567
18" GS SAFETY APRON/GRATE
12
14.00
EA
+
2
230.00
?1-2501.567
28" SPAN GS PIPE ARCH APRON
4
4.00
EA
0
230.00
$
0.00
2-2557.501
REPL SALVAGED WIRE FENCE
190
250.00
LF
+
60
2.00
+$
120.00
23-2573.501
BALE CHECK
90
87.00
EA
-
3
4.5
4.00
143.00
-$
+$
12.00
643.50
24-2575.501
ROADSIDE SEEDING
2
6.50
AC
+
200
2.02
+$
404.00
25-2575.502
SEED MIXTURE NO. 500
100
300.00
LB
+
840
1.45
+$
1,218.00
26-2575.505
SODDING TYPE A
1,850
2690.00
SY
+
10.5
152.00
+$
1,596.00
27-2575.511
MULCH MATERIAL TYPE 1
4
14.50
IN
+
0.25
+$
100..00
28-2575.532
COMM FERTILIZER 12-12-12
1,000
1400.00
LB
+
400
LS
0
1500 00
S
O�Q
22-0563.601
1
1.00
+$ 7, 472.09
NET CHANGE ORDER -
'JAN 2 S mg? VA
Carl A. Blondin
Attorney at Law
7475 Fifteenth Street North, Suite 204 • Oakdale, Minnesota 55128
Telephone (612) 738-9626
24 January 1991
Lake Elmo City Council
City of Lake Elmo
6400 Laverne Ave.
Lake Elmo, MN 55042
Re: Prosecution of Misdemeanor
Children
Dear Mayor and Council Members:
t
Assaults Committed Against
Please find enclosed a copy of a letter Ireceived from the
County Attorney. The County Attorney is asking for authorization
to prosecute misdemeanor assaults committed against children in
the City of Lake Elmo. Without your authorization I, as City
Prosecutor, would be responsible for prosecuting these cases.
I strongly recommend that you authorize the Washington
County Attorney to prosecute all misdemeanor assault cases where
the victims are minors. I make this recommendation for the
following reasons:
1. There will be no cost to the City.
2. The County Attorney's Office has a. full-time victim -witness
coordinator, the City cannot afford one.
3. The County Attorney's office enjoys a close day to day
working relationship with the county's child protection workers.
4. Participation in this program will greatly facilitate a
better coordinated child protection efforts in the county.
5. I know all of the county's criminal prosecutors and have a
great deal of respect for their professional abilities.
6. This program has a proven track record and most cities in the
county participate.
7. I believe that this limited misdemeanor prosecution}work by
the County Attorney makes a positive contribution to the total
law enforcement effort in our community.
Very,uly,
Carl A. Blondin
CAB:tkj
enc:I
cc: City Administrator
OFFICE OF WASHINGTON COUNTY ATTORNEY
RM
. Washington County Government Center
14900 61 at Street North — P.O. Box 6
Stillwater, MN 55082-0006
January 22, 1991
Carl Blondin
Lake Elmo City Attorney
7475 15th St. N., Suite 204
Oakdale, MN 55128
RE: Prosecution of Misdemeanor Assaults Committed
Against Children
Dear Mr. Blondin:
Since 1984 the Washington County Attorney's Office has prosecuted
fifth degree assaults where children were the victims on behalf of
most cities within the County. This arrangement has worked well
last year with your municipality and the County Attorney's Office
will be more than happy to continue this practice.
However, in order to insure that our office has jurisdiction to
proceed in these cases, it will be necessary for cities to give
yearly authorization to the County Attorney to represent them in
these matters. If you are interested in having the County Attorney
represent your city in fifth degree assault cases where children
are victims for the year 1991, would you please so indicate in
writing before March 1, 1991.
Thank you for your anticipated attention to this matter.
Sincerely yours,
�]/Vc
Richard M. Ainey
Washington County Attorney
RMA/js
1612)430-6115 (612) 430-6116 (6121 430-6115 1612)430.6117 (612) 430.6115 (612) 430.6155
Administration Division Civil Division Criminal/Juvenile Divisions Social Services Division Mc6m/Wimess Division Facsimile Machine
Affirmative Action/Equal Opportunity Employer sue®
Carl A. Blondin
Attorney at Lave
7475 Fifteenth Street North, Suite 204 . Oakdale, Minnesota 55128
Telephone (612) 736-9626
24 January 1991
Mr. Richard Arney
Washington County Attorney
Washington County Government Center
14900 61st Street North
Stillwater, MN 55082-0006
Re: Prosecution of Misdemeanor Assaults Committed Against
Children
Dear Mr. Arney:
I will recommend that the Lake Elmo City Council authorize
you to represent the City in misdemeanor assault cases where the
victims are minors.
Very
6 � a,
Carl A. Blondin
CAB:tkj
enc:1
cc: Lake Elmo City Council
Lake Elmo City Administrator
REQUEST FOR COUNCIL ACTION
Meeting Date _ February 5. 1991
Ar ry DA SECTION
1TE%i:
CITY ATTORNEY'S REPORT
Prosecution Procedures: Carl Blondin
AIL
10B.
ORiG►NATING
DEPARTMENT:
By:
APPROVED FOR
AGENDA BY:
There have been concerns raised in the past that "In the 30 mph zone on Lake
Elmo Avenue N., traffic is allowed to travel at 39 mph or less without
receiving a citation. This fact was attested to by two officers from the
Washington County Sheriff's Department, the reason given is that the County
Judges throw these cases out of court if contested by the offender because the
City of Lake Elmo will not prosecute these cases due to the expense involved."
(See August 9, 1990 memo to Mayor and City Council from Richard A. Acree).
I have met with Mr. Blondin, our prosecuting attorney, and he has explained in
detail the procedure for getting a traffic violation to court.
That procedure is as follows:
1. Violator speeds in Lake Elmo
2. Deputy or state patrol officer may or may not observe violation.
3. If observed, the deputy or state patrol officer mak -�s a decision whether or
net to stop violation. Observation could be made by radar, airplane clock, or
accar computer, which is used by the state patrol.
4. If deputy or state trooper stops violator, he/she makes a decision whether
or not to issue citation.
5. If issued a citation, the vast majority of violators pay fine and never
appear in court.
6. If citation is challenged, violator appears at arraignment (first
appearance) in district court.
7. .Judge asks for a guilty or not guilty plea. The judge has no authority to
reduce charges without consulting prosecutor.
S. If violator pleads not guilty, the matter is set for trial (if petty
misdemeanor, a pretrial conference is set).
9. Our attorney does not plea bargin, but will suggest a reduced fire of about
$10.00 for a guilty plea.
10. Our attorney will also suggest a reduced fine if for some reason the citir.a
officer is unavailable to testify. This happens on very rare occassions
because an officer retires, moves, or has an emergency that would prevent them
from testifying. -
-1. Our attorney has approximately a 95`: conviction rate.
12. If a judge arbitrarily "tosses out" a case, on his/her own accord, the
judge can be disciplined. Mr. Blondin has indicated he would not hesitate in
bringing disciplinary action against a judge if he thought it appropriate.
Mr. Blondin will be at the meeting to address any concerns may have on
this procedure. y
TO: 'Mayor Sue Dunn
Lake Elmo City Council Members
FROM: Richard A. Acree
SUBJECT: Traffic Hazards in Lake Elmo
Dear Mayor Dunn and Council Members;
August 9, 1990
The purpose of this letter is to provide recommended solutions
to the six (6) road hazards identified on the attached petition.
It is requested that you review this letter, consider the
recommendations and take action to correct these hazards.
EXISTING SITUATION:
The current speed limits on Lake Elmo Avenue North are 30mph
from Highway 5 to a point just south of Pierre's Pier, and 45mph
from there to just beyond 20th Street. On 30th Street, there
is a 35mph speed limit from the intersection of 30th and Lake
Elmo Avenue North to Lisbon Avenue.
In the 30mph zone on :Lake Elmo Avenue :North, traffic is allowed
to travel at 39mph or less without receiving a citation. This
fact was attested to by two officers from the Washington County
Sheriff's Department. The reason given is that the County judges
throw these cases out of court if contested by the offender
because the City of Lake Elmo will not prosecute these cases
due to the expense involved.
There is currently a contract for 80 hours per week of Sheriff's
support for the City of Lake Elmo. This contract has been the
status for over 10 years. Maybe the situation in Lake Elmo
has changed enough during this period to justify adding
additional lac, enforcement personnel.
There is a lot of pedestrian traffic on Lake Elmo Avenue North
and 30th Street in the form of walking, jogging, bicycle riding,
skate boarders, skating, etc.
TRAFFIC HAZARDS AND RECOMMENDED SOLUTIONS;
Please refer to the map attached regarding the following hazards.
Hazard '41. Vehicles travel too fast on Lake Elmo Avenue North.
P.ecommended Solutions:
a. Lower existing speed limits on Lake Elmo Avenue North to
25mph and 30mph where the current speed limits are 30mph and
45mph, respectively.
b. Secure funding to increase existing law enforcement effort.
Do not accept the argument that there is not enough money.
C. Enforce speed limits strictly. Do not allow any "gray"
areas such as the current practice of not issuing citations
unless violators exceed posted limits by more than 9mph. Work
to establish a reputation that speeding and reckless driving
will not be tolerated in Lake Elmo.
d. Pursue the construction of sidewalks and/or riding/jogging
paths from the Old Village to the Lake Elmo Park Reserve.
e. Install 3-way stop signs at the intersections of Lake Elmo
Avenue North and 30th Street. Place speed ruts/rumble strips
prior to these new signs to warn drivers of the need to stop.
f. On Lake Elmo Avenue North, continue the white lines on the
sides of the road that exist south of Pierre's Pier. This will
warn drivers not to pass on the right, as is the current frequent
practice.
Hazard ,",'2. Vehicles travel too fast on 30th Street where the
speed limit is 35mph.
Recommended Solutions:
a. Lower existing 35mph speed limit on 30th Street to 25mph.
b. Install signs and a pedestrian crossing for users of Reid
Park. These signs should warn drivers of the park entrance
and possible pedestrians.
C. Replace the existing 35mph sign with a larger sign and one
that is not faded out. Consider installing two signs, one on
each side of the road for vehicles travelling west on 30th.
d. Install rumble strips prior to the 35mph signs to make
drivers aware of the need to slow down.
e. Place the 35mph sign(s) farther east on 30th Street to give
drivers more time to slow down before negotiating down the steep
hill on that road.
f.
More frequent and
stricter enforcement
of speed limits
g.
Install sidewalks
for people to access
Reid Park.
hazard ,,=3. At the intersection of 30th and Lake Elmo Avenue
North, there is an S-curve that is especially hazardous when
vehicles are exiting 2986 Lake Elmo Avenue North onto Lake Elmo
Avenue North. It is very difficult for drivers to see each
other and this situation is aggravated when drivers are
travelling South on Lake Elmo Avenue North at speeds in excess
of 25mph during winter driving conditions.
Recommended Solutions:
a. Lower the speed limit in this area to 25mph.
b. Install 3-way stop signs at this intersection with
corresponding speed ruts on Lake Elmo Avenue N.
C. More frequent and strict enforcement.
Hazard #4. Near the address of 2119 Lake Elmo Avenue North,
there is a hill and curve combination that leaves little time
for drivers and pedestrians to react to each other. This
situation is aggravated by vehicles using speeds in excess of
30mph.
Recommended Solutions:
a. Lower the speed limit in this area to 30mph.
b. Install a 3-way stop sign at 20th and Lake Elmo Avenue North.
C. Pursue more strict and frequent enforcement.
I3azard #5. At the intersection of Highway 5 and Lake Elmo Avenue
North, across from the Chrysler dealership, it is difficult
and hazardous for vehicles to exit from Lake Elmo Avenue North
onto Highway 5 due to traffic volume and excessive speed by
vehicles on Highway 5.
Recommended Solution:
a. Install a traffic light at this intersection.
Hazard 'G. At the intersection of Highway 5 and Klondike Avenue,
there is a poor shoulder condition making it difficult for
vehicles to exit Highway 5 onto Klondike.
Recommended Solution:
a. Install a right hand turn lane at the intersection of Highway
5 and Klondike Avenue.
Hazard 07. At the MTC bus stop on Highway 5 near the Lake Elmo
Baptist church, there is insufficent safety provided for
individuals using the bus service.
Recommended Solution:
a. Involve the Department of Transportation to resolve the
problem in a manner suitable to provide adequate safety for
pedestrians.
SUMMARY.
Attached is a petition signed by many residents of Lake Elmo
that identifies six (6) road hazards in the Lake Elmo area.
The City is asked to take action immediately to solve these
problems.
In those areas where the City does not have jurisdiction, the
City is asked to approach the group(s) or organization(s) that
do have jurisdiction and request that immediate action be taken
to correct these hazards. The safety of the citizens of Lake
Elmo and those transiting our community is at stake.
Your consideration
of this
grave and urgent matter is
of the
highest priority.
Please
forward a
written response
to this
request for action
within
30 days.
Negative replies
for
solutions shown above are
requested
with detailed explanations
Respectfully,
RICHARD A. ACRES
ATCH. (a)
Map
(b)
Petition
cy: Russ Larkin, County Commissioner
Mary Rueffner, City Administrator
Diane Acree
Denny and Jeannie Behr
Lee and Judy Howell
Mark and Jane Jechort
Bill and Sue Murphy -Rohrer
Lake Elmo
T, ��- t
OL
C3.
LAKE ELMO
EGIOKAL PARK
RESERVE
0
R
CityUHall
i b11.NFI1F[ M[.\
Upibr Pm1
I P.rvm[I
I
LAKE ELMO
�1U NICIPAL AIRP,
` )M A C.)
CLAIMS TO BE APPROVED AT FEBRUARY 5, 1991 LAKE ELMO COUNCIL MEETING
(all claims are within budget unless otherwise noted)
94362
Bituminous Contracting -Final pmt, 1990 overlay (approved
1/15 mtg)
$ 2,792,14
94363
League of MN Cities - Newly elected officials seminar
180,00
94364
Washington County - Zoning book
15.00
94365
MN Dept, of Revenue - January State Withholding
933,00
94366
Postmaster - mailing recycling calendars
277015
94367
thru
94370
Park Shelter Workers
400.00
94371
Lake Country Chapter - Building Officials dues
15.00
94372
Postmaster - postage meter
40 M0
94373
League of MN Cities - Feb, Hose, premium
2,399.48
94374
Allied Group Insurance Trust - Feb. premium
86.86
94375
MN Benefit Assn. - Feb. premium
143,11
94376
Rose Floral
31.00
94377
General Office Products - Office supplies
140a68
94378
Best Locking Systems - new keys
10.66
94379
Press Publications - legal publications
3.82
94380
Minuteman Press - Printing recycling calendars
389.75
94381
David Johnson - lunch with Mayors
15.90
94382
D.C. Hey - Copy machine mainto and supplies
259.31
94383
Pitney Bowes - Postage meter
190.00
94384
American Linen - Office bldg maint,
32.86
94385
Municipal Clerks & Finance Officers Assn, - Dues
25.00
'=386
St. Croix Lock & Key - old office (change locks)
32�00
j4387
St. Croix Animal Shelter - Dec, animal impounding
290000
94388
City of North St. Paul - animal control vehicle
165.00
94389
Michael Smith - January animal control
440.00
94390
TMT - recycling for month of January
2,918,25
94391
Peterson, Franke & Riach - legal (invoices attached)
4,200.50
94392
Carl Blondin - legal retainer
HMO
94393
Frank Langer - assessor
1,200.00
94394
James R. Hill - Planner (invoices attached)
857�00
94395
Valley Branch Watershed - rights -of -way assessment
295.34
94396
US West - Office $ 223043
Fire 86.02
-
Maint, 54�46
Park 21�96
385.87
94397
Northern States Power - Office $ 287,70
Fire Dept, 736.95
Maint, Dept. 526.74
St.Lites 825.11
Park 653�01
Water 428 A8
Sewer 22.16
3,480,55
(over)
FEBRUARY 5th CLAIMS CONTINUED
94398
Richard Sachs - 1990 Burning permits (20 @ $100)
$ 200.00
94399
Lake Elmo Fire Dept. - office supplies
54.11
94400
Uniforms Unlimited - Fire Dept. supplies
68.75
94401
Road Rescue - Fire Dept. rescue supplies
497.95
94402
Minn, Conway Fire & Safety - Fire Dept, supplies
1,203.79
94403
Roseville Radio - radio service - Fire Dept.
49.30
94404
Brainerd Fire Dept. - Fire Fighters Conference
200.00
94405
Motorola Inc, - Fire Dept. radios
961.16
94406
Northern Door - Fire Dept, new doors per bid
2,575.00
94407
Jin Sachs - Fire Dept,
64.00
94408
KRS Corp. - Fire Dept, equip repair
35.55
94409
Amsterdam Printing - Maint. Dept, supplies $ 23.68
Sewer Fund supplies 23.69
Water Fund supplies 23.69
71.06
94410
Washington County - Salt/Sand - Maint, Dept,
74860
94411
CDL Systems - Maint. Dept. schools & training
99.95
94412
Northern Gases - Maint. Dept. shop supplies
61.61
94413
Carlson Equip. Co, - Maint. Dept, equipment repairs
113.27
94414
Truck Utilities - Maint. Dept. equipment repairs
5.38
94415
Crysteel - Maint. Dept, equipment repairs
42a11
94416
Safety-Kleen - Machine Service - maint. Dept,
57,77
94417
Yocum Oil Co. - Maint. Dept, supplies
208.15
94418
MB Industrial Supply - Maint. Dept, supplies
27.46
94419
General Safety Equip. - Fire Dept. new truck (Equip.Bon.d
(
Fund)
136,427<00
94420
Polfus Implement Inc, - Parks Dept. supplies
350029
94421
Washington County - Parks Trail Grooming
271.05
94422
thru
94435
February 8th payroll
10,780.94
Total
$ 179,084098
3
P'ETERSOiN, FRANKS, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-6955
City of Lake Elmo
3800 Laverne Avenue Borth
Lake Elmo, MR 55042
ACCOUNT NO:
PREVIOUS BALANCE FEES EXPENSES ADVANCES
11135-900001 Administrator - Miscellaneous
99.00 1,368.00 0.00 0.00
99.00 1,368.00 0.00 0.00
PAYMENTS
Page: 1
12/31/90
11135M
BALANCE
-99.00 $1,368.00
-99.00 $1,368.00
is ya,'s .=+�du ?s1 l:�.S1 Z:1 I "i: c`l;: y. T. ;.:.I
=1YNAc ;73 ?EC_„!V'O AFT3.'. T42 1,A5T DAY 0? T'E MCIITH "SILL 3' CREDIT.➢ -D `1':F.X- M"IT"S S i
fl ETERS.ON, FRANKE, Cox RIACH
PAOFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL OUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 812
291-5965
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Administrator - Miscellaneous
PREVIOUS BALANCE
Page: 1
12/31/90
ACCOUNT N0: 11135-900001H
STATEMENT NO: 2
12/03/90
JPP Conference with ads. re status of litigation;
rev. Dev. reps.
12/04/90
JPF Prepare for and attend council meeting.
12/10/90
JPF Telephone conference with planner re com. pla❑
status, MS regs. on comp plans, limited business
ordinance.
12/11/90
JPF Conference with ads and planner re: Arabian Hills
development and pub. use fee regs.
12/13/90
JPF Review Sweltz regis. proceeding and Summons and
Complaint.
12/17/90
JPF Review P/C Agenda.
JPF Telephone conference with Planner re: P/C agenda.
12/18/90
JPF Review Council agenda.
JPF Prepare Resolution opposing Annex of islands.
$99.00
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET t/\
SAINT PAUL, MINNESOTA 65101
TELEPHONE
AREA CODE 612
291-8955
Page: 2
City of Lake Elio 12/31/90
ACCOUNT NO: 11135-900001H
STATEMENT NO: 2
Administrator - Miscellaneous
JPF Telephone conference with Planner and Atty.
Bartholdi re: Council agenda items.
JPF Legal research re: Land Planning Act; Adv. sign
case law.
JPF Attend Council Meeting and conference with
Council Members re: development issues.
12/19/90
JPF Conference with Administrator re: review of
City's Dev. Regs., City Zoning Ordinances.
JPF Review City Rego. and Council Minutes.
Jerome P. Filla 1368.00
FOR CURRENT SERVICES RENDERED 1368.00
TOTAL CURRENT WORE 1368.00
12/31/90 Payment, Check No. 94201 -99.00
BALANCE DUE $1,368.00
_.-• cup yFt;
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
f,. 300 MIDWEST FEDERAL BUILDING
1 50 CAST FIFTH STREET
'.SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-8955
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
ACCOUNT NO:
PREVIOUS BALANCE FEES EXPENSES ADVANCES
11150-900002 Comp Plan and Development Begs
0.00 135.00 0.00 0.00
0.00 135.00 0.00 0.00
PAYMERTS
Page: 1
12/31/90
11150M
BALANCE
0.00 $135.00
0.00 $135.00 )
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-6955
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, HN 55042
Comp Plan and Development Begs
Page: 1
12/31/90
ACCOUNT NO: 11150-900002H
STATEHENT NO: 1
12/11/90
JPF Conference with adm and planner re comp plan
update status; limited bus. dept. regs.
Jerome P. Filla 135.00
FOR CURRENT SERVICES RENDERED 135.00
TOTAL CURRENT WORK 135.00
BALANCE DUE $135.00
-•.y=a-g B°C F!`�SD 7.!9 L,>ST 1AY O° 74E LACNT4 W! A BE C7EDITED 70 -9E NF-XT IAONT6'S ST ATE4ENT.
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300MIDWEST REDERAL 801 DING
111 50 EAST FIFTH STREET
SAINT PAUL, MINNES07A 55101
TELEPHONE
AREA CODE W2
291-5955
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, HN 55042
ACCOUNT NOi
PREVIOUS BALANCE FEES EXPENSES ADVANCES
11155-900002 Brockman -Fraser Annex
18.00 363.00 0.00 0.00
11155-900003 Enright et. al. Annex
1,872.00 144.00 0.00 92.00
11155-900004 Federal Land Co. vs. Lake Elmo
18.00 18.00 0.00 0.00
11155-900005 Derrich Land Co. vs. Lake Elmo
18.00 180.50 0.00 0.00
11155-900006 J. Rogers vs. Lake Elmo
18.00 461.00 0.00 0.00
11155-900007 Lake Elmo vs. D. Henning
0.00 18.00 0.00 0.00
11155-900008 Jamie Olson vs. Lake Elmo
0.00 441.00 0.00 0.00
PAYHENTS
-18.00
-1,872.00
-18.00
-18.00
-18.00
0.00
0.00
Page: 1
19/31/90
BALANCE
$363.00
$236.00
$18.00
$180.50
$461.00
$18.00
$441.00
City of Lake Elmo
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDW EST -EDERAL ED'I! DING
50 EAST FIFTH STREET
SAINT PAUL, MINNEISCITA 55101
TELEPHONE
AREA CODE 612
291-8055
ACCOUNT NO:
PREVIOUS BALANCE
FEES
EBPENSES
ADVANCES
11155-900009
Lake Elmo
vs. Richert &
Downs
0.00
18.00
0.00
0.@0
11155-900010
Lake Elmo
vs. Hauser
0.00
18.00
0.00
0.00
11155-900011
Hanson vs.
Lake Elmo
0.00
657.00
0.00
@.00
11155-900012
Lake Elmo
vs. Cozy Cove
Motel
0.00
148.50
0.00
0.00
11155-900013
Lake Elmo
vs. Grabaki
0.00
138.50
0.00
0.00
1,944.00
2,605.50
0.00
92.00
PAYMENTS
0.00
0.00
Page: 2
12/31/90
11155
BALANCE
$18.00
$18.00
0.00 $657.00
0.@0 $148.50
0.00 $138.50
-1,944.00 $2,697.5�
.. �1-.. -1 Div 3 �n.... •.. i 11,r ,.. .. ••.. �:�4, \i i e"j•
_ ._ 1� -? >aT ":�`( Nr. 4.CY^..1 �-CB?D 3v; >;i HC^:..•Sa � .. .
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL RNLDIND
50 EAST FIFTH STREET
SAINT PAUL, MINNE80TA 55101
TELEPHONE
AREA CODE 612
291-8955
City of Lake Elmo
Lake Elmo, HN
Brockman -Fraser Annex
PREVIOUS BALANCE
12/03/90
JPF prelim review of status.
Page: 1
12/31/90
ACCOUNT NO: 11155-900002H
STATEMENT NO: 2
12/26/90
JPF Review pleadings and documents filed 6/4,
municipal board and trial court in prep for App.
Ct. hearing.
Jerome P. Filla
12/26/90
CAB Preparation of Document Index for Appellate Court
Hearing.
Carol A. Bertram
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
12/31/90 Payment, Check No. 94201
BALANCE DUE
$18.00
333.00
30.00
363.00
363.00
-18.00
$363.00
P-ETERSON, FRANKE, & RIAICH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL OUILDINO
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 255101
TELEPHONE
AREA CODE 612
291-6955
City of Lake Elmo
Lake Elmo, MN
Enright et. al. Annex
Page: 1
12/31/90
ACCOUNT 10: 11155-900003M
STATEMENT NO: 2
PREVIOUS BALANCE $1,872.00
12/03/90
JPF prelim review of status.
12/06/90
JPF Prepare, serve, file notice of appeal.
JPF Telephone conference with atty general and clerk
of ct re appeal.
Jerome P. Filla 144.00
FOR CURRENT SERVICES RENDERED 144.00
12/06/90 Filing Fees 92.00
TOTAL ADVANCES 92.00
TOTAL CURRENT WORE 236.00
12/31/90 Payment, Check No. 94201-1872.00
BALANCE DUE $236.00
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDINEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-5966
City of Lake Elmo
Lake Elmo, MN
Federal Land Co, vs. Lake Elmo
PREVIOUS BALANCE
12/03/90
JPF Prelim review of status.
Jerome P. Fills.
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
12/31/90 Payment, Check No. 94201
BALANCE DUE
Page: 1
12/31/90
ACCOUNT NO: 11155-900004M
STATEMENT S0: 2
., _ ...'' ... .. 1.1- _`. 1.4-'a:�,� ...
$18.00
18.00
-18.00
--- ,'v --. vOv,'I %VPA . r>.T_D O -aF n,FY AC\I'34.'3 ^7I
PETERSON, FRANKE, & RIACH
PROPE8 IONAL ASSOCIATION
3o0 kuoWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 68101
TELEPHONE
AREA CODE 612
291-8955
City of Lake Elmo
Lake Elmo, MN
Derrich Laud Co. vs. Lake Elio
PREVIOUS BALANCE
12/03/90
JPF prelim review of status.
12/17/90
JPF Review files and pleadings.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
12/31/90 Payment, Check No. 94201
BALANCE DUE
Page: 1
12/31/90
ACCOUNT NO: 11155-900005M
STATEMENT N0: 2
,
$18.00
180.50
180.50
180.50
-18.00
— ' Ar?-:.. ..d 57 ;AY _ 1-0Cv-u ✓:.L ;1=. C EGI'J 'O Tu: NF 7AC anry'S .._'I_
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
I 300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 512
291-8955
City of Lake Elmo
Lake Elmo, MR
J. Rogers vs. Lake Elmo
PREVIOUS BALANCE
12/03/90
JPF prelim review of status.
12/12/90
JPF Review pleadings and exhibits.
ACCOUNT RO0 ) I IS'- !i(1,00tb5fi
STATHMERT NO: 2
12/13/90
JPF Review records, facts, city code, camp plan,
correspondence.
JPF Telephone conference with Administrator re: facts
and city records.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT HORS
12/31/90 Payment, Check No. 94201
BALARCE DUE
461.00
461,.00
461.00
- 2 4i6 . o @
-f. -[ .... S. SAY ^. ThE NC"Pq'VRL _E C-RED T D 0 iE N_X- 'C':-' -
PETERSON, FRANKE, & RIACIi
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 512
291-8955
City of Lake Elmo
Lake Elmo, HR
Lake Elmo vs. D. Henning
12/03/90
JPF prelim review of status.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
BALANCE DUE
Page: 1
12/31/90
ACCOUNT 10: 11155-900007H
STATEMENT NO: 1
PETERSON, FRANKE, & RIACH
1 PROFE58IONAL ABSOOIATION
1 3C0 MID'WEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-5956
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Jamie Olson vs. Lake Elmo
12/03/90
JPF prelim review of status.
Page: 1
12/31/90
ACCOUNT NO: 11155-900008M
STATEMENT N0: 1
12/05/90
JPF Telephone conference with atty Bannegan, re
status and interrogs.
'.2/10/90
JPF Review city file and pleading.
JPF Telephone conference with ads, re facts.
JPF Conference with atty Banton re status.
12/11/90
JPF Conference with ads, re facts and record.
Jerome P. Fills,
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
BALANCE DUE
441.00
441.00
441.00
$441.00
PETERSON, FRANKE, & Ri' IACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-8965
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Lake Elmo vs. Richert & Downs
12/03/90
JPF prelim review of status.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
BALANCE DUE
Page: 1
12/31/90
ACCOUNT NO: 11155-900009M
STATEMENT N0: 1
18.00
18.00
51a.ea
f
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL OUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 56101
TELEPHONE
AREA CODE 512
291-8955
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MR 55042
Lake Elmo vs. Hauser
12/03/90
JPF prelim review of status.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT BORE
BALANCE DBE
Page: 1
12/31/90
ACCOUNT NO: 11155-900010H
STATEMENT NO: 1
18.00
18.00
18.00
_. .... .v'E MC4.'-1'J..... Nc. "1.' _.
PETERSON, FRANKE, & RIAOH
PROFESSIONAL ASSOCIATION
30D MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 612
291-8955
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, NN 55042
Hanson vs. Lake Elmo
12/03/90
JPF prelim review of status.
Page: 1
12/31/90
ACCOUNT NO: 11155-900011E
STATERENT NO: 1
12/06/90
JPF Review city file.
12/07/90
JPF Telephone conference with adm. re history and
city records.
JPF Review city file and pleadings re facts and
theory of case.
12/10/90
JPF Telephone conference with adm re facts.
JPF Telephone conference with atty Gleekel re
settlement offer.
JPF Review pleadings.
12/11/90
JPF Conference with adm. re facts and record.
12/12/90
JPF Prepare for and attend hearing Nash. Cty. Ct.
JPF Telephone conference with atty Feightinggea re
discovery, comp. plan, zoning and PT
Jerome P. Filla
.., ,: .. `i ., .�3a '�'.:i :>'^3C? .. _u:. _'•1 ::r THaw 'AC..7,
657.00
rC-VE^ :._—_<-. _ LAST DAY <:° -HE MC?+T9 W!I.L :E "3EDiT-0 -0 -HE *IE87 :T 1Tc)+P.!-
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
/ 000 MIDWEST FEDERAL BUILDING
I\ 50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA IS5101
TELEPHONE
AREA CODE 612
291-0955
City of Lake Elmo
Hanson vs. Lake Elmo
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORK
BALANCE DUE
Page: 2
12/31/90
ACCOUNT N0: 11155-900011H
STATEMENT NO: 1
657.0.0
657.00
$657.00
PETERSON, i RANKE, & FRIACH
PROFESSIONAL ASSOCIATION
300 MIDWEST FEDERAL 31JILOING
50 EAST FIFTH STREET (\
SAINT PAUL, MINN550TA 55101
TELEPHONE
AREA CODE 612
291-8956
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MR 55042
Lake Elmo vs. Cozy Cove Motel
12/21/90
JMM Review and summarize file.
John Michael Miller
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
BALANCE DUE
Page: 1
12/31/90
ACCOUNT N0: 11155-900012M
STATEMENT NO: 1
148.50
148,50
148.50
$148.50
PETERSON, FRANKE, & RIACH
PROFESSIONAL ASSOCIATION
( 300 MIDWEST FEDERAL BUILDING
1\ 50 EAST FIFTH STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE
AREA CODE 512
291-9955
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, NN 55042
Lake Elmo vs. Grabski
12/21/90
JMM Review and summarize file.
John Michael Miller
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORE
BALANCE DUE
Page: 1
12/31/90
ACCOUNT NO: 11155-900013M
STATEMENT NO: 1
138.50
138.50
138.50
$138.50
JAMES R. HILL, IN(.
PLANNERS ENGINEERS SURVEYORS
IFJAN 1 1 1991
9401 JAMS AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518
Lake Elmo, City of
Attn: Ms. Mary K:ueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
STATEMENT DATE.-JAN 8 91
CLIENT NUMBER: 5255
PROJECT
DATE
AMOUNT
PAYMENTS
BALANCE
I
0112P
COMPREHENSIVE PLAN/MUNICIPAL WORK
FEB 90
$
11235.00
$
1,235.00
0.00
i
MAR 90
$
654.00
$
654.00
0.00
APR 90
$
418.00
$
418.0i)
0.00
MAY 90
$
2,827.00
$
2,827.00
0.00..:.
JUN 90
$
1,336.00
$
1,336.00
0.00.
JUL 90
$
885.00
$
885.00
0.00
A-'G 90
$
3,436.00
$
3,436.00
0.00
SEP 90
$
671.00
T.
671.00
0.00
Ij
E
NOV 90
$
601.w
$
601.00
0.00
DEC 90
$
30.00
$
0.00
30.00
-
- PROJECT TOTAL:
-----------
$
12,092.00
$
- -- ---
12,063.00 $ ----
-
30.00
0194P
ARABIAN HEIGHTS/MUNICIPAL WORK:
SEP 90
$
561.00
$
561.00
0.00
'
OCT 90
$
531 .00
$
531.00
0.00
NOV 90
$
325.0 i
$
325.00
0.00
DEC 90
$
30.00
$
0.00
.00
30.00
PROJECT TOTAL:
-----------
$
1,447.oO
----------
$
-----------
1,417.00
30.00
0210P
FOX FIRE MANNOR/MUNICIPAL WORT:
NOV 90
$
118.00
$
----------
118.00
-----------
0.00
PROJECT TOTAL:
-----------
$
118.00
$
118.00 $
0.00
8087P
CITY OF LAKE ELMO-MISC./MUNICIPAL
WORK
DEC 88
$
1,216.00
$
1,216.00
0.00
JAN 89
$
1,694.00
$
1,694.00
0.00
FEB 89
$
63.0i i
$
63 . i )Q
0.00
APR 89
$
1,060.00
$
1,060.00
0.00
MAY 89
$
743.00
$
743.00
0.00
SEP 39
$
738.00
$
738.Oo _
0.0o
OCT 89
$
545.00
$
545.00
0.0o
JAN 90
$
118.00
$
1IS. 00
0.00
FEB 90
$
118.00
$
118.00
0.00
APR 90
$
207.00
$
2o7.00
0.00
MAY 90
$
289.00
$
289.0i i
JUN 90
$
90.00
$
90.00
0.00
JUL 90
SEP 90
$
$
177.00
118.00
$
$
177.00
118.00
0.00
0.00
OCT 90
$
1,446.00
$
1,446.00
0.00
NOV 90
$
885.ii0
$
885.Oo
0.0o
DEC 90
$
797.0i)
$
0.00
797.00
JAMEs R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
9401 JAMEs Au. So., SUITE 140, B L 0 0 A I N 6 T 0 H , MN 55431 612/884-3029 Fax 884-9518
Lake Elmo, City of STATEMENT DATE:.JAN 8 91
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042 CLIENT NUMBER: 5255
PROJECT DATE AMOUNT PAYMENTS BALANCE
----------- ---------- -----------
PROJECT TOTAL: $ 10,304.00 $ 9,507.00 $ 797.00
CURRENT
$357.00
OVER 30
$0.0i
OVER 60
1;0.00
OVER 90
#0.00
BALANCE DUE
$857.00
]AME R. HILL INC.
m@E ENGINEERS SURVEYORS
9401 JAMis Am So., 5UITE 140, BLOOMINGTON, «N 55431 612/884-3029 FAX 884.9518
DEC a «
Lake Elmo. City a
xa: Ms. Mary waae
a Laverne Ave. No.
Lake Elmo, » 55042
PROFESSIONAL SERVICESRENDERED:
-------------------------------
COMPREHENSIVE PLAN/MUNICIPAL WORK (0112P)
---------------------------------
-Lwaw memosy
wone
c eo:
. .9
a:;! 55\:..Jy2
\:
\
JAMES R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
9401 1AMES AYE. SG., Sum 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518
DEC ai 30
I_ks Elmo; C__, a'
Attni Ms. M_::.. meSiner
3800 Laverne Ave. Nc:
Lake Elmc, MN 51042
PROFESSIONAL SERVICES .RE:NDERE0
-------------------------------
Uient westlwi
L-+INNE III ..50 HRS 7, > F.'v = $ 30.00
--------------
. . , r 20.06
JAMS R. HILL IN(.
PLANNERS BmFS;r SURVEYORS
9/i«a So., Sum GC s \«et # gg \geg/»8 FAX g«» e \
DEC a «
Lake Elmo, lit; a
Attn:. /. \/\/^
aElmo, « 55042
PROFESSIONAL SERVICES RENDEREDT
-------------------------------
CITY OF LAKE011eels » clw:m (SOUP)
--------------------------------------
Other m0n. services Jor client
Letters, memos, ;none conversations, etc,
\: Governmental,\\\ meetingsmeetings
. ?
> ~ ®®<
PLANNER z! c.s ua zI g =! 757.00
(.
JAMEs R. HILL, INC.
PLANNERS ENGINEERS SURVEYORS
9401 JAMEs AvE. So., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518
City of Lake Elmo
3800 Laverne Avenue
Lake Elmo, MN 55042
-- C. Atkins property report.
-- Meeting at City Hall with City
Administrator and City Attorney
on 12-11-90.
-- LB Zoning District.
-- Planning Commission meeting on 12-17-90
-- Prepare for Public Hearing on Comp.
Plan Amendment "DIP" area.
-- Fox Fire Manor Concept Plan review.
DECEMBER 1990
2.00 HRS. @ $59/HR,
3.50 HRS. @ $59/HR.
2.50 HRS. @ $59/HR.
2.00 HRS. @ $59/HR.
1.00 HRS. @ $59/HR.
1.50 HRS. @ $59/11R.
-- Phone calls, City Administrator,
City Attorney and Metro Council. 1.00 HRS. @ $59/11R.
TOTAL $ 797.00
JAN 1 4 1991
December 20, 1990
Ms. Mary Kueffner
Administrator, City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: Valley Branch Watershed District Project 1005 -
Assessments to Highways, Streets, other Roadways
for the Benefit of the Repair and Maintenance Fund
Dear Ms. Kueffner:
The District's payment of legal claims created a deficit in the Project
1005 Repair and Maintenance (Operating) Fund. To restore the fund and
provide for the anticipated operating expenses for the project through 1990,
the Board of Managers of Valley Branch Watershed District have certified 1990
assessments payable in 1991 to Washington and Ramsey County Auditors for the
benefit of this fund. These assessments were computed by the same method
used for the previous assessments. As with the previous project assessments,
all highways, streets and other roadways have also been assessed.
The total assessment for public rights -of -way for which the City of Lake
Elmo is responsible is $295.84. Please remit to Valley Branch Watershed
District, P.O. Box 838, Lake Elmo, MN 55042. If you have any questions,
please contact the Board of Managers of the Valley Branch Watershed District.
Sincerely,
Ray r ner, Treasurer
BO OF MANAGERS
RB/tmk
c: Russell Kirby
Raymond Marshall
2382031/1005.LTR
G
ALLEN DORNFELD RUSSELL KIRBY GORDON C. MOOSBRUGGER RAY BRENNER WILLIAM ROHRER'
VALLEY BRANCH WATERSHED DISTRICT
P.O. BOX 838 LAKE ELMO, MINNESOTA 55042.0538
Vy1e_ Q�a�q (
CLAIMS TO BE APPROVED AT JANUARY 2, 1991 LAKE ELMO COUNCIL MEETING
(Claims are for December expenses unless otherwise noted)
94250
Shirley Sloan - cleaning office
$ 38.00
94251
Postmaster - postage meter
400.00
94252
T. A. Schifsky - 15th St, project (approved)
19,791.72
94253
Dresel Contracting - 43rd & Kimbro project (approved)
13,021.99
94254
C. W. Houle - 39th St. project (approved)
10,159.22
94255
Stillwater Bakery - Christmas party
32.00
94256
John Hileman - cleaning (Christmas party)
10.00
94257
Lake Elmo Inn - Christmas Party
97.52
94258
League of MN Cities - Jan. insurance premium
2,440.35
94259
Allied Group Insurance Trust - Jan insurance premium
86.36
94260
Minn. Benefit Assn. - Jan. insurance premium
143.11
94261
Frank Langer - assessor
1,200.00
94262
Four Seasons Services - cups Office
17.40
94263
AT & T - New telephones
5,436.87
94264
AT & T - Answering system
84.95
94265
League of MN Cities - 1991 Workers Comp. premium
18,771.00
94266
D. C. Hey - Copy Machine maintenance charge
172.55
94267
Press Publications - legal publications
292.26
94268
Minuteman Press - office
10.60
94269
Michael Smith - December animal control officer
375.00
94270
Clarey's Safety Equip. - Fire Dept.
704.00
94271
Oswald Fire Hose - Fire Dept.
292.30
94272
Allied Electrical - Fire Dept. - timer on siren
87.00
94273
James Sachs - Fire Dept. supplies
74.19
4274
Steve Speltz - Fire Dept, supplies
44.00
;%4275
Valley Trophy Center - Fire Dept. supplies
21.08
94276
MN State Fire Chiefs Assn. - Dues
65.00
94277
T. A. Schifsky - Maint. Dept.
122.00
94278
Crysteel - Maint. Dept. parts & repair
197.40
94279
Routson Motors - Maint. Dept. parts & repair
100.00
94280
Tri-State - Sewer Fund pump repair
227.39
94281
First Trust - Interest payment - Equipment Bond
6,231.25
94282
thru
94295
January llth payroll
... 10,470.34
Total
$.91,217.85
q D
CONTRACT FOR CITY PROSECUTION SERVICES
1.1 Carl A. Blondin, Attorney at Law, Minnesota Attorney
License 157661, with offices at 7475 15th Street north, Suite
204, Oakdale, Minnesota 55128 agrees to provide his services as
City Prosecutor to the City of Lake Elmo for the calendar year
1990 for the fee of $900.00 per month ($10,800 for the entire
year).
2.1 Prosecution services shall include all District Court
appearances for all City Ordinance violations, and all petty
misdemeanors, misdemeanors and gross misdemeanor violations of
Minnesota Statutes, except for those matters that Minnesota
Statutes state must be prosecuted by the County Attorney or the
Attorney General.
2.2 Prosecution services shall also include representing the
City in any habeas corpus actions in United States District Court
for the District of Minnesota brought by a person convicted of an
offense described in paragraph 2.1 of this contract and
prosecuted by the Lake Elmo City prosecutor.
3.1 Prosecution services shall not include appeals to the
Minnesota Court of Appeals, the Supreme Court of Minnesota, or
the United States Supreme Court.
3.2 Carl A. Blondin shall not initiate an appeal on behalf of
the City of Lake Elmo without prior approval of the City Council,
or if the City Council sets up a procedure for the appeal of
criminal and petty misdemeanor decisions without prior approval
of the City Council, he shall not perfect an appeal without first
strictly complying with the City's procedures.
3.3 Carl A. Blondin shall immediately notify the City
Administrator and the City Council of any appeals brought by a
defendant in any matter he is obligated to prosecute under this
contract.
3.4 Prosecution services shall not include the costs
associated with an appeal such as service of notices and motions,
printing and other incidental costs.
3.5 The Lake Elmo City Council is free to hire Carl A.
Blondin or any other attorney it so chooses to represent the City
of Lake Elmo in any appeal of an Ordinance violation or other
matter prosecuted by the Lake Elmo City prosecutor.
,( 4.1 Carl A. Blondin shall be responsible for all court
appearances required of the Lake Elmo City prosecutor by the
District Court. He shall personally appear, or if unable to do
so insure that another attorney licensed to practice law in
Minnesota and of sufficient training and experience in city
prosecution work appear at no cost to the City of Lake Elmo.
Date: /�G n 1%`�Q �a 45 �G' �l/t
Carl A. Blondin
Date: G ' �G 2�IiL��/✓G��"/rC4Gr�il
May r Susan Dunn
Date: Attested to by � Mary K Kd effn
Acting City Administrator
FINANCIAL ADVISORY SERVICES CONTRACT
This Financial Advisory Services Contract (the "Contract"), dated as of
February 7, 1989, by and between Public Financial Systems, Inc., ("PFS") and
the City of Lake Elmo, Minnesota, establishes the terms and conditions under
which PFS will provide financial advisory services to the Client and the
Client will compensate PFS for such services. In consideration of the mutual
promises of PFS and the Client in this Contract, PFS and the Client do hereby
agree as follows:
Part I: Debt Issuing Services
Debt issuance services are the activities undertaken on behalf of the Client
for the preparation of and marketing of debt instruments. For each debt is-
suance, as appropriate, P.F.S. will perform activities within the following
categories:
A. Development Phase
1. Prepare a timetable for project development and monitor progress through
the bond closing and investment of proceeds.
2. Review essential elements of the project such as cost estimates and legal
restraints with staff, engineer, bond counsel and such other consultants
as necessary.
3. Structure and recommend a plan of finance that accomplishes the objectives
of the Client while considering: a. ability to pay, b. current market
concerns, c. legal and security provisions, and d. rating agency criteria.
4. Assist in the preparation of presentation materials for meetings or hear-
ings. Attend such meetings as deemed necessary and provide expert
testimony when required, including up to three informational meetings in
the case of elections.
5. Evaluate whether an issue should be rated, and if Client elects to apply
for a rating, recommend the form of submission (written review, New York
rating review, or on -site review), assist in preparing materials and
testimony for the review, and attend such meetings as may be held with
rating agency representatives.
6. Advise on technical aspects of debt issuance such as arbitrage, tax exemp-
tion, bond registration, form of sale (public or negotiated), etc.
B. Marketing Phase
1. Recommend terms and conditions of sale that afford the Client maximum
protection while retaining the marketability of bonds.
2. Advise on the timing of the sale based on current market conditions,
requirements for funds, general marketing considerations and issuer con-
venience.
3. Act as liaison between Client and Bond Counsel to assist in dissemination
of information and timely distribution of necessary documents.
(
4. Prepare an Official Statement and distribute said Statement to prospective
bidders on the Client's behalf.
5. Advertise the bond sale as required legally and as advisable from a
marketing standpoint.
6. Conduct a telephone survey with potential underwriters and/or investors to
determine the acceptance of the Client's issue. Advise the Client when an
informational meeting with investors is necessary, and if so, conduct such
meetings.
7. Conduct bid opening and award (or solicitation of quotation/s on nego-
tiated offering), verify accuracy of bids (quote/s), and advise the Client
as to the acceptability of the bids (quote/s) based on market conditions.
C. Closing Phase
1. Coordinate the activities of bond counsel, printer, purchaser, registrar
and Client to facilitate delivery of proceeds to the Client.
2. At the Client's request, assist in projecting cash flow requirements and
investing proceeds.
3. provide the Client with a bond and interest record containing information
relevant to the debt issuance.
D. Continuing Services
1. Maintain a file containing planning and issuance materials regarding the
debt issuance throughout the life of the debt instrument.
2. Monitor bond market and investment opportunities, and assist client in
advance refunding or restructuring of any existing bond issues.
Fees and expenses due P.F.S. for debt issuance are due and payable upon
settlement of the issue and will be charged according to the following rate
structure:
Compliance
The Financial Advisor further agrees to the following terms and conditions:
1. Financial Advisor. For the purpose of this Agreement, the Financial
Advisor shall be deemed to be a Financial Advisor, and not an employee
of the County. Any and all agents, servants, or employees of the
Financial Advisor, while engaged in the performance of any work or
services required to be performed by the County under this Agreement,
shall not be considered employees of the County and any and all claims
that may or might arise of the Financial Advisor, its agents, ser-
vants, or employees as a consequence of any act or omission on the
part of the Financial Advisor, its agents servants, employees or other
persons, shall in no way be the obligation or responsibility of the
County.
It is hereby acknowledged by the parties that the County will not be
responsible to the Financial Advisor for any and all benefits provided
by Financial Advisor to its employees, including but not limited to
vacation, sick leave, Worker's Compensation and Unemployment Compensa-
tion.
2. Hold Harmless Clause. The Financial Advisor further agrees to defend
and save the County harmless from any claims, demands, actions, or
causes of action arising out of any negligent act or omission on the
part of the Financial Advisor, or its agents, servants or employees in
the performance of or with relation to any of the work services
provided to be preformed or furnished by the Financial Advisor under
the terms of this Agreement.
3. Equal Employment Opportunity and Compliance with Applicable Laws. The
Financial Advisor agrees to comply with all federal, state and local
laws, ordinances, rules, regulations and executive orders pertaining
to unlawful discrimination on account of race, color, creed, religion,
national origin, sex, marital status, status with regard to public
assistance, disability, or age. The Financial Advisor further agrees
to comply with all federal, state and local laws or ordinances, and
all applicable rules, regulations, and standards established by any
agency or governmental unit, which are now or hereafter promulgated
insofar as they relate to the Financing Advisor's performance of the
provisions of this Agreement.
4. Access to Records/Audits.
a. The County shall have full access to all records relating to the
performance of this Agreement.
b. The Financial Advisor agrees to maintain records relating to all
services provided by it under the terms of this Agreement, and
shall retain all such documentation for three (3) years following
the termination of this Agreement. Such record shall be made
available for audit or inspection at any time upon request of the
County or its authorized representative.
BOND ISSUE FEE SCHEDULE
General Tax or Special
Tax Increment or
Bond Amount
Assessment Supported
Revenue Supported
Under $ 500,000
Negotiated
Negotiated
500,000
$ 6,750
$ 8,400
1,0002000
9,250
11,100
1,500,000
10,375
12,450
2,000,000
11,500
13,800
2,500,000
12,625
15,150
3,000,000
13,750
16,500
3,500,000
14,875
17,850
4,000,000
16,000
19,200
4,500,000
17,125
20,550
5,000,000
18,000
21,600
5,500,000
18,875
22,650
6,000,000
19,750
23,700
6,500,000
20,625
24,750
7,000,000
21,500
25,800
7,500,000
22,375
26,850
8,000,000
23,250
27,900
8,500,000
24,125
28,950
9,000,000
25,000
30,000
9,500,000
25,875
31,050
10,000,000
26,750
32,100
Note 1: Temporary Improvement financings and Temporary Tax financings will be
charged at 80% of the applicable fee. Fees for other forms of short-term
borrowings and advanced refunding issues will be negotiated between the Client
and P.F.S.
Note 2: Variable rate demand notes will be charged at 150% of the applicable
fee.
Note 3: Work performed on financings beyond the normal process as described
under "Development Phase", "Marketing Phase", and "Closing Phase" will be
charged at the hourly rates contained in Part II.
Note 4: Fee structures in Part I and Part II are in effect for 12 months
following the date on which P.F.S. submitted the Contract to the Client.
After such time, fees for services performed pursuant to the Contract will be
charged at P.F.S. basic fee structure in effect on April 1 immediately
preceding the date of sale unless otherwise mutually agreed.
Note 5: P.F.S. will be responsible for the cost of publication of Notice of
Sale, distribution of the Official Statement, P.F.S. cost of delivery of the
Bonds.
Note 6: The Client will be responsible for its expenses which may include the
cost of its local and bond counsel, cost of other professionals retained by
the Client, bond rating expense, printing of Official Statement and bond
certificates, Client travel expense, PFS travel expense, and other direct
expenses specifically incurred for the issue.
Note 7: Fees charged under Part I are contingent upon receipt of bond pro-
ceeds; however, in the event no offers are received or all offers are reject-
ed, P.F.S. is authorized to solicit further offers for a period of one year
after the originally scheduled sale date.
Note 8: If Tax Increment Bonds are issued within 12 months of the preparation
of a tax increment plan by PFS, and pursuant to that plan, the "General Tax or
Special Assessment Supported" fee will apply.
Part II: Financial Management Services
Financial management services are activities undertaken on behalf of the
Client other than the services described under Part I. Services performed
under this Part will be billed on an hourly basis, plus expenses, based upon
the following scale or the applicable scale as described in Part I, Note 4:
Project Manager
Professional
Technical Support
Clerical
(See Part I, Note 4)
Part III: Computer Software
$120.00
per
hour
90.00
per
hour
75.00
per
hour
37.50
per
hour
Unless otherwise agreed .between Client and P.F.S., execution of this agreement
will entitle the Client to purchase software marketed on,a general basis by
P.F.S. at 80% of retail price.
The Contract between the Client and P.F.S. will be in effect until such time
as either party terminates it by not less than 60 days written notice to the
other party. Upon termination of the Contract, P.F.S. shall be compensated
according to the applicable hourly scale for work completed to the date of
termination. If termination is not for cause, P.F.S. shall complete Debt
Issuance Services and/or Financial Management Services in process according to
the terms of this Contract and any separate agreements relative to specific
projects. The Contract shall not preclude Client and P.F.S. from entering
into a separate agreement regarding a specific project.
FINANCIAL ADVISORY SERVICES CONTRACT
Dated February 7, 1989
Submitted by PUBLIC FINANCIAL SYSTEMS, INC.
Byi�le.�
Title President, Public Financial Systems
This Contract is accepted by: The City of Lake Elmo, Minnesota
Susan Dunn
Its Mayor
By ( : 2/. '
Patricia Morrison
Its Administrator
(SEAL)