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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 0 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)