HomeMy WebLinkAbout05-07-91 CCMDATE APPROVED: 5-21-91
DATE ISSUED: 5-31-91
LAKE ELMO CITY COUNCIL MINUTES
MAY 7, 1991
Mayor Johnson called the City Council meeting to order at 7:02 p.m. in
the City Council chambers. Present: Mayor Johnson, Hunt, Dick
Johnson, Mottaz, Williams, City Attorney Jerry Filla, City Engineer
Tom Prew and Administrator Kueffner.
1. AGENDA
Delete: 9. Fire Department Annual Report, 10A. Economic & Development
Committee, and 10E. Discussion on Cost Control Board
M/S/P Dick Johnson/Hunt - to approve the May 7, 1991 City Council
agenda as amended. (Motion carried 5-0).
2. MINUTES: April 16, 1991
M/S/P Hunt/Williams - to approve the April 16, 1991 City Council
minutes as amended. (Motion carried 5-0).
3. CLAIMS
M/S/P Williams/Dick Johnson - to approve the May 7, 1991 Claims #94704
thru #94806 as presented. (Motion carried 5-0).
4. PUBLIC INQUIRIES
The City Council acknowledged a letter they received from Steven
DeLapp, 8468 Lake Jane Trail, in Lake Elmo.
5. REAPP REPORT
A. DPRA, Geraghty & Miller Contract. Adjustment
The Council received a letter from DPRA requesting a contract
extension and a rate increase for itself and their sub -contractor,
Geraghty & Miller. Several of the Council members indicated they were
not happy with the size of the rate increase of sub -contractor,
Geraghty & Miller, and were not willing to approve any contract. with
DPRA that incorporates that kind of change. The consensus of the
Council on the amount was not to exceed twice the average rate
increase approved for DPRA because it covered a two year period.
M/S/P Williams/Dick Johnson - to approve amending the contract with
DPRA, as recommended by ReAPP, to reflect the increases as of April 1,
1991 and to direct the City Administrator to negotiate terms thru DPRA
for sub -contractor, Geraghty & Miller, amount not to exceed twice the
average rate increase approved for DPRA; subject to Council approval.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 2
B. Other
Councilman Hunt reported it was impossible, because of other
commitments, for him to continue the task of contacting all (37)
communities and arranging times to appear on their council agendas to
show the landfill video, answer questions, and request their support
for the resolution opposing the landfill siting.
The City Administrator volunteered to call each community and request
placement on their Council agenda. The attendance at these Council
meetings will be split among the members of the Lake Elmo City
Council.
6. APAC Ordinance
City Attorney, Jerry Filla, prepared an ordinance relative to the
concerns raised by Cimarron residents should the park close and the
residents be forced to relocate. The staff asked for additional
comments on the proposed ordinance from APAC and from the park
owner(s).
Dan Krawczyk, NHD, referred to page 4, (Items 1.,2.,3.), and explained
there may be a number of reasons, such as condition or age of home,
why homes cannot be relocated which may or may not have anything to do
with the fact that the park is closing. He made a reference to
1700.070 page 5, and questioned if the market value discussed with the
residents of Cimarron was fair or accurate. Dan explained the
assessor sends them a tax roll and asks management to go out and
inspect each individual home and let them know if it has been
improved, if it has deteriorated and if there are any ownership
changes. Neither, he nor his staff, had time to do the actual
assessments.
The Council requested a definition of a Park Resident and a Park
Purchaser.
The City Attorney has been working with APAC because he assumed APAC
represented a large percentage of the people in the park, but was
informed APAC did not. Therefore, Filla recommended the Council
postpone action on this ordinance until a joint meeting (City
Attorney, APAC representative, non-APAC resident, Cimarron Management)
can be set up because he could not anticipate the issues and does not
have all the factual knowledge as to what kinds of formulas to put
into this ordinance.
M/S/P Mottaz/Dick Johnson - to postpone consideration of this matter
and to direct the staff to set up a joint meeting to discuss the
Ordinance relating to the closure of manufactured home parks. (Motion
carried 5-0).
7. Auditor's Report: Rob Tautges
Rob Tautges, Voto, Tautges, Redpath & Co., presented the 1990 Annual
Financial and Management Report.
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 3
8. PLANNING/LAND USE & ZONING:
A. Park Dedication Ordinance
The City Council reviewed the Ordinance for Park Dedication prepared
by our City Planner and Attorney after receiving input from the Parks
Commission and City Council.
The City Attorney pointed out the Council should recognize there has
to be a correlation between density and dedication requirements. This
is why the state law allows cities to require this type of
contribution to offset the demand on park services as a result of
development. The correlation between the commercial development and
park services are harder to determine.
The City Administrator indicated her concern, where mentioned in the
code for future park land, those sites should be shown on the Future
Land Use Map. The correlation between future park land map and the
Comp Plan should be specifically written in the ordinance (Item G).
This would make it easier for staff to deal with the people that
subdivide and plat. The Parks Commission has determined a
sub -committee that will work with Mike Black to come up with a
Comprehensive Park Plan. The consensus of the Council was to retain
Section 401.400(G) into the ordinance.
The Council discussed, the justification for the different percentages
of land dedication in the zoning district, but no final decision was
made. When asked by the Council for her recommendation, the City
Administrator recommended 6%, maximum of 7%, land dedication for R1,
R2, R3, R4 zoning districts.
Councilman Williams indicated his preference in the last draft for D.
Contribution in Lieu of Land , including the words "cash, land or any
combination thereof".
The City Attorney did not feel the Council was ready for approving
this ordinance without going thru the municipal code and identifying
all the sections of the code which need to be amended.
M/S/P Mottaz/Dick Johnson - to postpone consideration of the Park
Dedication Ordinance until the next City Council meeting. (Motion
carried 5-0).
B. Fox Fire Manor Preliminary Plat (Continuation)
At the April 16th, meeting, the Council postponed preliminary plat
approval of Fox Fire Manor.
The Council received a review of this plat as it relates to the Korhel
property from Quentin K. Wood & Assoc. Inc, engineer for Fox Fie
Manor. A draft of an agreement between the developer of Rolling Hills
and Fox Fire Manor had been prepared by the City Attorney and
submitted for Council review.
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 4
M/S/ Hunt/Williams - to deny preliminary plat approval for Fox Fire
Manor based on the fact we have only assurance of construction of a
long cul-de-sac. However, the developer of Fox Fire Manor will be be
allowed to reinstate, without penalty, his application after such time
Rolling Hills preliminary plat has been approved by the City.
Discussion followed:
Councilman Hunt voiced his concern on landlocking the Korhel parcel.
Councilman Johnson requested assurance that this road would go through
to Keats Avenue. Councilman Williams explained it was not his intent
to stop this development, but to co-ordinate the two developments, Fox
Fire Manor and Rolling Hills. Therefore, the following motion was
made:
M/S/F Williams/Hunt - to amend the motion to include with the
agreement of the developer of Fox Fire Manor to postpone consideration
of the preliminary plat until such time that the preliminary plat of
Rolling Hills and Fox Fire Manor can be considered simultaneously.
(Motion failed 2-3: Dick Johnson, Mayor Johnson, Mottaz).
M/S/F Williams/Hunt - to deny preliminary plat approval of Fox Fire
Manor based on the fact we have only assurance of construction of a
long cul-de-sac. However, the developer of Fox Fire Manor be allowed
to reinstate, without penalty, his application after such time Rolling
Hills preliminary plat has been approved by the City. (Motion failed
2-3: Dick Johnson, Mayor Johnson, Mottaz).
M/S/P Dick Johnson/Mottaz - to grant preliminary plat approval of Fox
Fire Manor based on the following Findings of Fact:
1. The proposed lots in subdivision meet the minimum requirements
for the Residential Estates (RE) Zoning District.
2. The proposed plat is consistent with the 1991 Comprehensive Plan.
3. The applicant has provided soil borings and percolation tests as
required by the Lake Elmo Municipal Code;
subject to the conditions set forth in the City Planner's memo dated
March 21, 1991, subject to the conditions of the VBWD memo dated March
22, 1991, subject to the conditions noted in the City Engineer's memo
dated March 20, 1991, subject to a park dedication fee of 70 of the
undeveloped value of the land to be determined no later than the time
of final plat; contingent upon an agreement being reached by the
developer of Rolling Hills, the developer of Fox Fire Manor and the
City to provide an extension of 55th Street North thru to Keats Avenue
and further that a performance bond for roads provided to the City by
both developers prior to approval of final plat for Fox Fire Manor.
(Motion carried 5-0).
The City Attorney explained that prior to Final Plat approval of Fox
Fire Manor we will have enuf engineering data to describe a road
required, that it be dedicated, have sufficient performance bonds to
construct the road by the city if the developer does not do so within
a certain period of time approved by the Cite.
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 5
M/S/P Williams/Mottaz - to reconsider the motion to approve
preliminary plat of Fox Fire Manor for the sole purpose of dealing
with the small cul-de-sac, which extends east west off the
intersection of the roads. (Motion carried 5-0).
Councilman Williams requested that the small cul-de-sac be made a
private driveway rather than a public street for the following
reasons: it serves only one property, it is a short cul-de-sac, and as
shown does not provide a full turnaround radius for snowplows, etc.,
and does not serve the city purposes to make this a public street.
M/S/P Williams/Mottaz - to amend the motion to include the small
cul-de-sac, showing as serving Lot 5, Block 3, be made into a private
driveway. (Motion carried 5-0).
C. Rezoning from RR to AG: Neil & Deb Krueger,
4452 Lake Elmo Avenue
The Planning Commission held a public hearing on April 22, 1991 to
consider the request of Neil & Deborah Krueger for a rezoning from
Rural Residential (RR) to Agricultural (A) and recommended on a 7-0
vote that this rezoning be granted.
Findings of Fact:
A. The applicants have provided a statement of reasons for the
rezoning request.
B. The proposed land use (Ag) conforms to the future land use
designation in the 1990 Comprehensive Plan.
1. The soil map within the 1990 Comprehensive Plan indicates
the property is Agriculturally suitable.
2. There is an existing tree farm on the site.
C. Records at the City office and at Washington County indicate this
property is owned by Neil & Deborah Krueger.
D. The Planning Commission held a public hearing as required by
Municipal Code and recommended on a 7-0 vote that this rezoning be
granted.
M/S/P Dick Johnson/Mottaz - to adopt Ordinance 8044 rezoning the
property legally described in said ordinance from Rural Residential
(RR) to Agricultural (Ag) based on the above referenced Findings of
Fact and based on a favorable recommendation from the Planning
Commission. (Motion carried 5-0).
Councilmam Johnson advised the applicants that when they come back for
a CUP to allow an office and gift shop, they clearly understand what
is required under the ordinance for Alternate Ag uses.
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991
D. Preliminary Plat: John Day Farm Addition
PAGE 6
The Planning Commission held a public hearing on April 22, 1991 to
consider the John M. Day Farm Addition preliminary Plat. The Parks
Commission has reviewed this plat and recommends that the City accept
a park dedication fee in lieu of land.
Findings of Fact:
1. The proposed lots in subdivision meet the minimum requirements
for the Rural Residential Zoning district.
2. The proposal is consistent and compatible with development in
the area.
3. The applicant has provided soil borings and percolation tests
as required by code.
4.
The proposed
plat is consistent
with the
1990 Comprehensive Plan.
5.
There was no
opposition to the
proposed
subdivision.
M/S/ Mottaz/Hunt - to grant preliminary plat approval for the John Day
Farm Addition based on the above listed findings of fact, based on the
recommendation of the Planning Commission, subject to the conditions
set forth in the City Planner's report dated April 30, 1991, the City
Engineer's report dated April 18, 1991, and the Parks Commission
recommendation to accept cash in lieu of land.
Discussion followed as to which park dedication ordinance this plat
would fall under since the Council is updating the current park
dedication ordinance.
M/S/ Mottaz/Williams - to amend the motion to include the amount of
cash dedication to be determined before Final Plat. approval.
The City Attorney indicated that the Final Plat, at time of approval,
will be locked into the current park dedication ordinance.
M/S/P Mottaz/Dave Johnson - to postpone consideration of motion until
the first City Council meeting in June. (Motion carried 4-1: Hunt: He
felt the Council should have given the applicants time to speak).
Ms. Margaret A. Juhl, personal representative of the estate of Johm M.
Day, stated with their approval, the family would accept the fee of 4%
of cash value in order for them to proceed with submittal of the Final
Plat.
M/S/P Mottaz/Hunt - to reconsider the motion. (Motion carried 5-0).
M/S/P Williams/Mottaz - to amend the motion to include the park fee
shall be set at 4% of the cash value or whatever is set by the park
dedication ordinance whichever is less. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 7
M/S/P Mottaz/Hunt - to grant preliminary plat approval for the John
( Day Farm Addition based on the above listed findings of fact, based on
the recommendation of the Planning Commission, subject to the
conditions set forth in the City Planner's report dated April 30,
1991, the City Engineer's report dated April 10, 1991, and the Parks
Commission recommendation to accept cash in lieu of land, and the park
dedication fee shall be set at 4% of the cash value or whatever is set
by the park dedication ordinance, whichever is less. (Motion carried
5-0).
E. Street name change: 3rd Street Place, "The Forest"
Marcus & Rebecca Gernes have requested the street name in the
Development, "The Forest" be changed from 3rd Street Place N. to
Forest Lake or Forest Place. The street is 3rd Street Place N., off
of County Road 17, a 1/4 mile up from I-94.
At their April 22, 1991 meeting, the Planning Commission considered
this request and on a 4-3 vote recommended that the name be changed to
"Forest Lane".
The Council indicated that the uniform name and numbering system is in
the best interest of the health, safety and welfare of the community.
M/S/P Mottaz/Hunt - it is the considered judgement of the City Council
that the uniform name and numbering system is in the best interest of
the community, the Council denies the request for a street name change
of 3rd Street Place and that Marcus & Rebecca Gernes be apprised of
our decision by a letter. (Motion carried 5-0).
Councilman Johnson addressed the comment, "other street names that
don't comply" and pointed out that those existing street names were
allowed at the time the uniform name and numbering ordinance was put
into affect.
F. NPDES Permit Modification
The City received a Public Notice relative to the request of
Washington County to modify NPDES/SDS Permit #MN 0054348 which, if
approved by the MPCA, would increase the permitted flow at out fall
010 from 150 gallons per minute to 190 gallons per minute and would
allow the substitution of Phenol and Total Phenols on list of
monitored parameters.
M/S/P Dick Johnson/Williams - to direct the City Administrator to
write a letter indicating the city opposed the modification of
NPDES/SDS Permit #MN 0054348 for the following reasons: (Motion
carried 5-0).
1. The proposed increase of flow, from 150 gpm to 190 gpm will
increase the potential for contamination of surface waters
within the City of Lake Elmo.
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991
PAGE 8
2. The increased flow may interfere with the proper drainage of
water from upstream sources in the Valley Branch Watershed
District.
3. The substitution of Phenol for Total Phenols on the list of
monitored parameters is less restrictive and also increases
the potential for contamination of Lake Elmo surface waters
with toxic Phenol compounds.
G. Tax Abatement Request
The City received a letter from Washington County regarding the
application of the 3M Company for a tax abatement of $18,303.14 which
would result in a decrease of taxes to the City of approximately
$3,660.
M/S/P Mottaz/Williams - to direct the City Administrator to write a
letter to the Washington County Auditors Office indicating the Council
will review this matter again, but requests that they provide the
rationale by which the Washington County Assessor and the Washington
County Auditor Treasurer propose granting this abatement. (Motion
carried 5-0).
9. Fire Department Annual Report: Chief Sachs
Chief Sachs requested this item be deleted from the Council agenda.
10. CITY COUNCIL REPORTS:
A. Mayor Johnson: Economic & Development Committee
The City Council called a workshop for Tuesday, May 14th, at 7:00 p.m.
to discuss the Economic & Development Committee and the Cost Control
Board.
B. Councilman Mottaz: DeMontreville Park Signs
Councilman Mottaz requested the Park Department be ordered to
construct two signs of similar design and construction as in other
parks in the Lake Elmo system. These signs should include the name of
the park, i.e., DeMontreville Park, a wild life park. One should be
installed at the south and one at the north entrance. The boundaries
of the park should be marked with green treated 4x4's with the words
"Lake Elmo Park" noted on each post. These should be installed at each
corner plus each 500' between corner posts.
At the north entrance of the park the park department should have
constructed a blacktopped, six car, off-street parking area. This is
to be done in conjunction with the overlay contract for Hytrail. A
fence should be constructed around the open area of the north
entrance. This is to discourage entrance to the park by motorized
vehicles. This is to be done at the earliest possible date with
expenses taken out of the $37,000 in the park development fund.
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 10
M/S/P Williams/Dick Johnson - to appoint Bruce Weeks as Second
Alternate to the Planning Commission. (Motion carried 3-2: Dave
Johnson: Even though Mr. Weeks is well qualified, he felt Ray Salus
would bring to the PZ long years of residency and intimate knowledge
of our city; Mottaz).
B. LMC Accident Coverage for Volunteers
The League of Minnesota Cities is offering Accident Coverage for City
volunteers. The cost of this coverage would be $.10 per capita or
$618.90. The City did not budget for this item.
M/S/P Dick Johnson/Williams - to budget for this LMC accident coverage
for volunteers to begin in the 1992 budget cycle. (Motion carried
5-0).
C. 1991 Recycling Contract with Washington County
M/S/P Hunt/Williams - to approve the 1991 Recycling Contract with
Washington County. (Motion carried 5-0).
D. Update on Hammes Property Clean-up
Jim McNamara reported that May 1st marked the deadline of the first
phase of the Hammes property cleanup at 10112 10th St. N. (Phase 1
was the removal of all vehicles unlicensed and/or inoperable by May 1,
1991). Eighteen vehicles have been properly removed, but the majority
still remained on the property.
Dorothy Lyons stated it was in January when the Council made their
inspection and developed the time schedule for removal of items in
violation. Dorothy explained they have tried to remove the vehicles,
but they were frozen in the ground. In the Spring they tried to dig
them out. Dorothy felt they have made a good effort in removing the
vehicles.
The City Administrator noted the City has recently received complaints
of additional equipment and junk that have been brought into the
Hammes property. The Council reminded the Hammes family that they have
a CUP for a mining business and not a permit to have a salvage yard.
Bill Hammes asked for an extension to June 1st for completion of the
first phase, but noted they wanted to keep some old collectibles.
The Council clearly stated they are determined to get a resolution to
this matter. If the removal of the vehicles are not completed by the
June 4th meeting, the City would commence a civil suit, which alledges
the property a public nuisance, and would request authority from the
court to allow the city to clean it up and assess the cost against the
property.
M/S/P Williams/Hunt - to approve an extension of 30-days (June 1st)
for the removal of vehicles on the Hammes property with an update
report by Jim McNamara at the first Council meeting in June. (Motion
carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 9
M/S/P Williams/Hunt - to remand this matter to the parks commission
for their consideration and recommendation on this proposal. (Motion
carried 5-0).
C. Councilmen Hunt & Mottaz: Legion Avenue Improvement
Councilman Hunt reported they met with the residents, who recognized
the road has to be done, but felt their situation was special and
there should be fairness in the assetments.
The City Administrator reported the City, with the help of the
auditor, is working on an assessment policy.
D. Councilman Johnson: Appointments to Maintenance Advisory
Committee
The City received four letters from residents indicating their
interest for appointments to the Maintenance Advisory Committee.
M/S/P Dick Johnson/Mottaz - to appoint Kelly Brookman, Jim Palecek,
Jim Peterson, Jeff Caswell to the Maintenance Advisory Committee and
direct the city administrator to set a meeting date and notify all
appointments and request that the Fire Chief, Public Works Foreman,
Council liaison, Dick Johnson, to attend this meeting. (Motion carried
5-0).
E. Councilman Williams: Resolution on Wetland Protection Bill;
Discussion on Cost Control Board Proposal
Councilman Williams provided a resolution for council review
concerning the wetlands protection bills being considered by the
Minnesota State Legislature.
M/S/P Williams/Hunt - to approve Resolution No. 91-14, A Resolution
concerning the wetlands protection bills being considered by the
Minnesota State Legislature. (Motion carried 5-0).
11. CITY ADMINISTRATOR'S REPROT:
A. Resignation of Planning Commission member
The City Council received a letter of resignation from Planning
Commission member, Debra Wilfong, whose term would have expired
12-31-91.
At the February 21, 1991 Council meeting, Planning Commission
applicants, Ray Salus and Karin Schubert were the only candidates
recommended by all city council members. Karin Schubert already sits
on the Commission.
M/S/F Mottaz/Dave Johnson - to appoint Ray Salus as Second Alternate
to the Planning Commission, (Motion failed 2-3: Hunt, Dick Johnson,
Williams).
LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1991 PAGE 11
E. Update on the Public Water Supply
City Engineer, Tom Prow, reported they are in the bidding phase of the
well abandonment portion of the contract and will be deleting the well
abandonment portion from the water supply contract.
Ramsey and Washington County are waiting until these bids are in
before they take it to their respective county boards. A contract
could be awarded June 4th and June 5th is when the 60-day bond on the
water supply bid runs out.
12. CITY ATTORNEY'S REPORT:
A. Resolution No. 91-13, A Resolution relating to hazardous
building at 8126 Hill Trail N.
M/S/P Mottaz/Dick Johnson - to approve Resolution No. 91-13, A
Resolution declaring the building at 8126 Hill Trail North as a
hazardous building and directing the correction of said hazardous
building. (Motion carried 5-0).
M/S/P Dick Johnson/Mottaz - to adjourn the City Council meeting at
12:00 p.m. and commence the Executive Session at 12:05 p.m. (Motion
carried 5-0).
LAKE ELMO SPECIAL CITY COUNCIL MEETING
TUESDAY, MAY 14, 1991
7:00 P.M.
7:00 MEETING CONVENES
1. AGENDA
2. Economic & Development Committee:
Mayor Johnson
3. Discussion on Cost Control Board Proposal:
Councilman Williams
4. Residential Development: Mayor Johnson
5. Other
6. Adjourn
CLAIMS TO BE APPROVED AT MAY 7, 1991 LAKE ELMO COUNCIL MEETING
(all claims are within budget unless otherwise noted)
94704
thru
94717
May 3rd payroll
$ 10,616.55
94718
Postmaster - postage meter
400.00
94719
thru
94721
Compost Workers
130.00
94722
MN Dept. of Revenue - April State Withholding
936.00
94723
Postmaster - Bulk mailing newsletters
264.12
94724
&
94725
Compost Workers
144.00
94726
Office Cleaning
30.00
94727
Wash. County Tress. - record resolution
10.00
94728
Bellaire Sanitation - Office dumpster
65.60
94729
American Linen Supply - Office bldg maint,
39.70
94730
Hagberg's Country Mkt. - Office maint.
45.03
94731
D. C. Hey - Copy machine maint. charges
214.64
94732
General Office Products Co. - Office supplies
129.97
94733
League of MN Cities.- May Hosp, premium
2,504.90
94734
Allied Group Ins. Trust - May premium
86.86"
94735
Minn. Benefit Assn. - May premium
155.69
94736
Mike Smith - April Animal Control Officer
530.00
94737
U. S. West - Office $ 208.20
Fire Dept. 50.80
Maint. Dept. 50.76
Parks Dept. 84.25
394.01
j 94738
Northern States Power Office $ 43.63
Fire Dept. 95.77
Maint. Dept. 62.66
St. Lites 59.74
Parks Dept. 450.29
Water Fund 47.21
759.30
94739
Government Training Service - Rob Enes
79.00
94740
Frank Langer - assessor
1,200.00
94741
Colle & McVoy - Landfill Fund (invoice attached)
15,416.79
94742
University of MN - Landfill Fund (invoice attached)
125.00
94743
DPRA - Landfill Fund - reimbursed by Met Council
1,705.54
94744
TKDA General $ 1,064.88
-
Pass Thru 574.45
SW-1 Water 3,520.12
MSA Fund 114.52
5,273.97
94745
James R. Hill - General 1,121.00
Pass Thru 295.00
1,416.00
94746
Carl Blondin - legal retainer
.900.00
94747
TMT - Recycling for April
2,603.70
94748
Washington County Treas - City property Watershed
(23 parcels) & Waste Management
327.48
(over)
a
MAY 7th CLAIMS (continued)
94749 Ruttgers Lodge - Fire Dept, meetings & conferences
94750 St. Croix Valley Clinic - Fire Dept. physicals
94751 MN Conway - Fire Dept. (2 helmets for new firemen)
94752 Roseville Radio - Fire Dept. radio service
94753 Oswald Hose - Fire Dept. supplies
94754 Uniforms Unlimited - Fire Dept. clothing
94755 Lake Elmo Fire Dept. - misc. supplies
94756 Vern's GTC - Fire Dept, parts & repair
94757 thru
94783 Fire Dept. 6 months compensation (listing attached)
94784 Elmo's Lumber - Fire Dept, $ 31.99
Parks Dept. 12,43
94785 Polfus Implement - Parks dept.
94786 On Site Sanitation - Sunfish Park satellite
94787 Midwest Wire & Steel - Parks Dept, (Reid Park Gate)
94788 Menard's - Parks (Demontreville Bridge replacement)
94789 Thompson Hardware - Parks misc. supplies
94790 Arrow Bldg. Center - Parks (soccer nets support)
94791 Gopher State Sealcoat - Parks tennis courts crackfiller
94792 Fred's Tire - Mainto Dept. parts & repair
94793 Wash. County Public Works - Mainto Salt/Sand
94794 thru
94806 May 17th payroll
Total
120.00
159.00
244,60
62.45
160.00
3.95
53.99
30.72
10,737.25
44.42
10.40
18.00
93.10
50.18
45.31
16.58
165.00
35<00
1,237.50
...80.721.04
$ 68,512.34
COLLE %IVICVOYtNc.
_ U7
ADVERTISING/ DIRECr MARKETING/ PUBLIC RELATIONS/ MARKET RESEARCH
U'Ll
MEMORANDUM i \ Iti�
DATE: April 7, 1991
TO: Mary Kueffner ( / CC: Debby Becker
V�
FROM: Chris Naylor
RE: Summary of Public Relations Services for March 1991
The following summary of services highlights the work that was completed on behalf
of the City of Lake Elmo during March 1991.
PUBLIC RELATIONS FEE
Copywriting
Time spent by Chris, Ann and Holly researching
organizing, interviewing, writing and editing
the press kit and newsletter copy. Time also
. spent writing the D-Day Task Force Kits.
Media Relations
Time spent contacting reporters and editors
to generate interest in covering the Lake Elmo
story. Also time spent making calls to get
a reporter turnout to the Washington County
Commission presentation. Includes time sending
materials, writing memos, outlining key story
ideas and arranging interviews.
TV/Video Production
Time spent by Chris and Holly completing the
production of the education video. Including
arranging a photographer, choosing a narrator
and music, conducting interviews, creating
graphics and copy points, and editing the film.
Account Supervision/Overall Administration
Time spent on contact reports, correspondence,
timelines, internal account meetings, billings and
daily supervision of the account and the lobbyist.
Time also spent on revising and finalizing the
contract.
7900 INTERNATIONAL DRIVE MINNEAPOLIS, MN 55425
612-851-2500 FAX 612-854.8639
$ 3,287.50
$ 1,140.00
$ 4,275.00
$ 1,415.00
City of Lake Elmo
March 1991 Billing
Page 2
Counsel and Planning $ 285.00
Time spent by Chris on strategic
planning of program tactics, including
organizing volunteer task forces, soliciting
sponsorships, building a coalition of community,
environmental and legislative groups, planning
media relations and providing public relations
counsel for the lobbyist efforts.
Client Contact and Meeting Time $ 1,757.50
Time spent by Chris, Ann or Holly on the
phone or in meetings with the client. Also
time spent at the following meetings:
8 p.m. meeting with Gene Merriam at
the Seasons on March 6.
-- 4 p.m. meeting with Gary Laidig at
the Capitol on March 13.
4 p.m. meeting with Lake Elmo
core committee on March 15.
-- 7 p.m. presentation to City Council
on March 19.
7:30 p.m. kick-off meeting for ReAPP
members on March 21.
-- 10 a.m. presentation to Washington
County Commission on March 26.
Additional time spent preparing for meetings
and devising meeting agendas and handouts.
Production Coordination/Internal Traffic $ 256.25
Time spent collecting estimates for printing
services for the "Why Trash Our Parks" media
kit. Also time spent typesetting visuals and
coordinating press run for the kit.
Word Processing $ 531.25
Time spent by administrative assistants or
interns on word processing, copying, mailing
and arranging couriers. Includes time for
typing "Why Trash Our Parks?" media kit and
D-Day Task Force materials.
TOTAL PUBLIC RELATIONS FEE $12,947.50
City of Lake Elmo
March 1991 Billing
Page 3
OUT-OF-POCKET EXPENSES
Postage, delivery, shipping and fax $ 334.29
expenses.
Typography and keylining for "Why $ 215.00
Trash Our Parks? media kit and
D-Day Task Force kits.
Lobbyist charges for Pat Forciea's $ 1,920.00
services.
TOTAL OUT-OF-POCKET EXPENSES $ 2,469.29
TOTAL INVOICE FOR MARCH $15,416.79
r
C
City of Lake Elmo Billing Summary
January 1, 1991 - June 30, 1991
Year -to -Date Summary
Total Program Budget
— Total PR Fee
— Total Lobbyist Fee
Total Year -to -Date Spending
Current PR Fee
-- Current Lobbyist Fee
Current Out -of -Pocket
Remaining PR
Remaining Lobbyist
Month PR Fee
Jan. $ -0-
Feb. $10,941.25
March $12,947.50
$23,888.75
$ 1,920.00
$ 679.74
Monthly Billing Summar
Lobbyist Fee
Out -of -Pocket
$ -0-
$ -0-
$ -0-
$ 130.45
$ 1,920.00
$ 549.29
Total Year -to -Date as of March 31, 1991
57,000.00
45,000.00
$12,000.00
$26,488.49
$20,431.51
$10,080.00
Total
$ -0
$11,071.70
$15,416.79
$23,888.75 $ 1,920.00 $ 679.74 $26,488.49
140 - t 1991
UNIVERSITY OF MINNESOTA
TWIN CITIES
April 29, 1991
Minnesota Center for Survey Research
2122 Riverside Avenue
Minneapolis, Minnesota 55454
(612)627.4282
Mary Kueffner, Acting City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Dear Ms. Kueffner:
We have not yet received payment for consultation on questionnaire design
related to the EIS for Lake Elmo Park Reserve. Enclosed is a duplicate
copy of the original invoice, in case the original has been misplaced.
Please pay this invoice as soon as possible.
Thank you.
Sincerely,
A ���'•- 1 -
Rossana R. Armson
Assistant Director
enc: Invoice #3088
INVOICE #3088
DATE: February 28, 1990
TO: Mary Kueffner, Acting City Administrator
City .of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
ATTN: Ms. Kueffner
FOR THE FOLLOWING:
For 5 hours of consultation at $25/hour on questionnaire
design related to the EIS for the Lake Elmo Park Reserve
$125.00
BALANCE DUE: $125.00
PLEASE REMIT PAYMENT TO:
UNIVERSITY OF MINNESOTA
MINNESOTA CENTER FOR SURVEY RESEARCH
2122 RIVERSIDE AVENUE
MINNEAPOLIS, MINNESOTA 55454-1320
• FEDERAL TAR EXEMPT CERTIFICATION NUMBER: 41-6007513 .
STATE TAX EXEMPT CERTIFICATION NUMBER: 8029-894
,1 'o fl
7 .r1 P500 Firstlla oral Ban¢ Buildino, St, Paul, Minresota 55'01 TeteDhore 612.227.9 00 =ax 6'
INVOICE
Ms. Mary Kueffner, City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Date: April 1, 1991
Invoice Number: 5175.001 VR12
DPRA Project Number: 5175.001
Subject: EIS Review for Proposed Landfill Site G in Lake Elmo
Professional Services from 2/26/91 through 3/25/91:
1. DPRA Labor
o Professional
o Clerical/Accounting
2. Geraghty & Miller
Subcontract Labor
and Expenses
3. Other Direct Costs
o Computer/Word Proc.
o Copies
o Telephone/Postage
o Mileage, Misc.
4. Totals**
CURRENT
Hours Dollars
28.5
1,569.63
2.0
89.00
30.5
1,658.63
CUMULATIVE
Hours Dol ors
408.0 26,012.30
51.0 1,730.27
459.0 27,742.57
0.0 0.00 263.0 20,518.84
15.00
78.50
2.34
46.56
19.44
29.94
10.13
56.73
46.91
30.5 1,705.54 722.0 48,473.14
REMAINING
Hours Dol ars
274.0 15,449.70
-6.0-177.27
268.0 15,272.43
200.0 28,316.16
468.0 43,376.86
Total Amount Due This Invoice . . . . . . . . .$ 1,705.54
** Based on a budget (excluding contingency) of $91,850.00
A monthly finance charge of 18 °J
annually will be added for payments
( not received within fifty (50) days
from invoice dote. Future payments
will be applied to finance charges first.
200 Research Drive P.O.8ox 727 Manhattan. Kansas 66502 Teleohone 913-5393565 Fax 913.539.5353 Telex 7C4311
Other otfices: Washington. D.C.. sl. Paul. Chicago, Denver, Dadas. Kansas City, Oak Ridge. Ks=u. Ke^a
AFq 1 5 1991
®z � J7
April 11, 1991
Ms. Mary Kueffner, City Administrator
City of Lake Elmo
3300 Laverne Avenue North
Lake Elmo, MN 55042
c'sl'iaf: 7-a^..-..: -.. 81. �aU'
Subject: EIS Review for Proposed Landfill Site in Lake Elmo
i (11ar:
'1h5
Dear Mary:
Enclosed is a progress report and invoice for professional services from
February 26, 1991 through March 25, 1991. In the enclosed table, I have
estimated our project expenditures (in hours) by contract task as well as
estimated the project team's expected requirements to complete the EIS review.
With this invoice, 61% of the budgeted hours and 53% of the dollars have been
expended.
If you have any questions, please do not hesitate to call me.
Sincerely,
l % viu �
Christopher J. Lough
Vice President
CJL/sa
Encl.
cc: 5175.001
200 Researcn Drive P0. Pox 727 Mannattan. Kansas 66502 Telephone 913339'3565 Fax 913-5395353 Telex 7^,431-
Other offices: Washington, D.C. St. Paul, Chicago. Oemer. Dallas. Kansas C.w.. Oax W,jce 'swal Ken-3
PROGRESS REPORT
Project: EIS Review for Proposed Landfill Site G in Lake Elmo
Project #: 5175.001
Date: April 11, 1991
Reporting Period: 2/26/91 - 3/25/91
Activities Undertaken During the Reportinq Period
During the reporting period (February 26 - March 25, 1991), DPRA completed
the literature review to determine typical leachate constituent con-
centrations from both municipal solid waste and ash landfills. This data was
used, in conjunction with proposed design information obtained from the
Engineering Design Concept Technical Memorandum prepared by Donohue
Engineers, as input to DPRA's landfill failure and release model.
Preliminary landfill model runs and results have been completed and analyzed.
Additional technical support was provided to Colle & McVoy Public Relations
in the completion of the Lake Elmo landfill siting video. Fletcher Driscoll
of Geraghty & Miller provided expert testimony on Site G hydrogeologic con-
ditions for the video. Subcontractor labor and expenses for January and
February will be included on next month's invoice.
Activities Anticipated Next Month
DPRA will complete final source term model runs to assess landfill release
rates for input to Geraghty and Miller's groundwater flow model. Preliminary
groundwater model runs, which were initiated in February and continued in
March to evaluate flow conditions at Site G (i.e., in the absence of leachate
concentration data, only groundwater flow is analyzed) will be completed by
April 15. No new groundwater model runs will be conducted until the Health
Risk memorandum becomes available.
Changes in Personnel and Schedule
No changes in personnel are anticipated.
CUMULATIVE AND EXPECTED EXPENDITURES FOR SITE G EIS REVIEW
Contract Task
A. Data Collection and Visual Site Inspection
B. Data Logging and Data Reduction
C(1). Data Analysis and Interpretation
C(2). Data Analysis and Interpretation
D. Review Rejected Sites Located Within County
E. Review and Prepare a Response to Weston's
comments on Site G EIS
F. Computer Modeling - Groundwater
G. Computer Modeling - Air Emissions**
H. Reporting of Results and Project
Management/Administration
I. Meetings, Presentations, and Expert
Testimony
Totals
Percent
-HOURS-
Budget
Expended*
Remaining
Expected
12
12
0
0
56
70
-14
10
117
120
-3
20
136
30
106
80
48
50
-2
0 I
56
16
40
40
339
242
97
110
52
0
52
50
180
114
66
70
194
68
126
120
1190
722.0
468.0
500
61%
39%
I
* Reflects DPRA's billings through March 1991 and Geraghty & Miller's billings through
December 1990.
**This task has been placed on indefinite hold until further notice.
INVOICE
K.Lj
AND ASSOCIATES, INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA $5101 .1893
612/202-4400
FAX 61212024083
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
Date: April 30, 1991
Commission No: 09150-991
Invoice No: 015361
Period Ending: 03/31/91
For Professional Services in connection with the Attendance at City
Meetings. Agreement dated February 2, 1986.
March 19, 1991 T. Prew - City Council Meeting 50.00
AMOUNT DUE .............................. $ 50.00
S We
State of Minnesota )
ss
County of Ramsey
Ray A. Andrews, being first duly sworn, deposes and says that
foregoing account is just and true; and the services therein
actually rendered and of the value therein charged, that the
incurred were paid by the affiant and no part of the same has
Subscribed and sworn to before me,
a notary public, on this date
Apri"O , 19 93� (' A
the
charged were
expenses
been paid.
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
LINOA E SCHOREY
NOTARY PUBLIC—MINNESOTA
RAMSEY COUNTY
My Comm. Expaes Aug 4. 1995
...Mnnn.�w,ntiw.w 111
INVOICE
TKDA
TOD . ANDERSON
KING, DUVTES,
IN ATE
AND ASSOCIATES, INCORPORATED
A
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA55101-1693
612/292.4400
FAX 612/292-0063
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
Date: April 30, 1991
Commission No: 09150-001
Invoice No: 015359
Period Ending: 03/31/91
For General Engineering Services as listed below. Authorization dated
February 2, 1988.
1, Arabian Hills Preliminary Plat Review:
L_ Bohrer 0.50 Hrs. @ 27.12 = 13.56
T. Prew 5.50 Hrs. @ 19.33 = 106.32
119.88 x 2.75 = 329.67
2, Kraft Circle Drainage
T. Prew 4.00 Hrs. @ 19.33 = 77.32
J. Studenski 1.00 Hrs. @ 12.41 = 12.41
89.73 x 2.75 = 246.76
Expenses: T. Prew - Travel 8.25
3. Provide Engineering Standards for New Plat
- George Nelson and Associates - Goose Lake Developement•
L. Bohrer 1.00 Hrs. @ 27.12 = 27.12 x 2.75 = 74.58
4. Derrick Land Company - Prepare for and
Meet w/Attorney on Proposed A(:rreement•
L. Bohrer 4.00 Hrs. @ 27.12 = 108.48 x 2.75 = 298.32
r
l
PAGE 2
5
INVOICE
Stephen Bachman Shoreland Permit:
L. Bohrer 0.50 Hrs. @ 27.12 =
Commission No. 09150-001
13.56 x 2.75 =
Provide Auditors Information on MSA Projects:
L. Bohrer 1.50 Hrs. @ 27.12 = 40.68 x 2.75 =
7. Foxfire Manor - Preliminary Plat Review:
T. Prew 2.50 Hrs. @ 19.33 = 48.33 x 2.75 =
8. MPCA Sentic System Program - Investigate Possible Funding
T. Prew 0.50 Hrs. @ 19.33 = 9.67 x 2.75 =
State of Minnesota )
as
County of Ramsey )
37.29
111.87
132.91
AMOUNTDUE ........................ $ 1,266.24
Ray A. Andrews, being first duly sworn, deposes and says that the
foregoing account is just and true; and the services therein charged were
actually rendered and of the value therein charged, that the expenses
incurred were paid by the a£fiant and no part of the same has been paid.
Subscribed and sworn to before me,
a notary public, on this date
Aprii�30, 1991. . J ,
II M�MAW�ATAMMMMAA..MAA/vNM�
€CHOR€Y
WTARY PV8LIC—tA?1NE30TA
'VV
RAM3FY GOwly
My Comm. Expires Aug 4, MO
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
2 1991
INVOICE
TKDA TOLTZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL. MINNESOTA 55101 -1893
612/292-4400
FAX 612/292.0083
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
Date: April 30, 1991
Commission No: 09150-011
Invoice No: 015360
Period Ending: 03/31/91
For Professional Services in connection with the
1991 Overlay Project. Verbal Authorization to
Provide Separate Billing by City Administrator on
March 22, 1990.
1991 Overlay Project (09150-011):
Personnel: Classification:
T. Prew Registered Engineer
Reimbursable Expenses:
Thomas D. Prew - Travel
Billing Rate:
6.00 Hrs. @ 53.16 =
AMOUNT DUE ................................. $
State of Minnesota )
ss
County of Ramsey )
318.96
4.13
323.09
Ray A. Andrews, being first duly sworn, deposes and says that the foregoing
account is just and true; and the services therein charged were actually
rendered and of the value therein charged, that the expenses incurred were
paid by the affiant and no part of the same has been paid.
Subscribed and sworn to before me,
a notary public, on this date
Apri 0, 199 .
LIMA E. SCHOREY
NOTARY PUSUC—MINNESOTA
R4b1SEY COUNTY
My Comrn. Expires Aug 4, 1995
vvvwvWv� ■
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
INVOICE
/( �.r
�L TA
TOLTZ�I KING. DUVALL,SON
1 i^i.L
AND ASSOCIATES, INCORPORATED
AND ASSOCIATES, INCORPORATED
ENGINEERS ARCHITECTS PLANNERS
2500AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 65101-1893
612/292-4400
FAX 612/292-0083
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
Date: April 30, 1991
Commission No: 09821-01
Invoice No: 015386
Period Ending: 03/31/91
For Professional Services in connection with the
SW-1 Water System. Authorization approved at
Regular City Council Meeting on August 7, 1990.
Plans Phase (09821-01):
Personnel:
Classification:
Billing
Rate:
T.
Prew
Registered Engineer
38.00
Hrs.
@
53.16 -
2,020.08-
L.
Bohrer
Senior Registered Engin
4.25
Hrs.
@
74.58 -
316.97
J.
Davidson
Senior Registered Engin
3.50
Hrs.
@
92.13 -
322.46
J.
Stenerson
Technician
2.50
Hrs.
@
30.55 =
76.38
G.
Garr
Technician
14.00
Hrs.
@
36.91 =
516.74
Reimbursable Expenses:
Minnesota Department of Health - Misc Expenses - 150.00
Blue Print Service Co. - Reprod/Reprogr 28.28
Curtis 1000 Inc - Reprod/Reprogr 16.71
Quicksilver Express Courier - Reprod/Reprogr 57.36
Thomas D. Frew - Travel 15.14
AMOUNT DUE .................................. $ 3,520.12
State of Minnesota )
as
County of Ramsey
Ray A. Andrews, being first duly sworn, deposes and says that the foregoing
account is just and true; and the services therein charged were actually
rendered and of the value therein charged, that the expenses incurred were
paid by the affiant and no part of the same has been paid.
Subscribed and sworn to before me,
a notary public, on this date
Apri_P0, 111 0. r
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
LINDA E, SCHORcY
NOTARY PUBLIC—MINNESOTA
RANIUY COUNTY
My Comm Exp,res Ang 4, 1395
INVOICE
TK�' MA
TOLTZ, KING, DUVALL, ANDERSON
�i.A
AND ASSOCIATES, INCORPORATED l..
ENGINEERS ARCHITECTS PLANNERS
2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 661014893
612/292-4400
FAX 612/2920083
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
Date: April 30, 1991
Commission No: 09720-01
Invoice No: 015382
Period Ending: 03/31/91
For Professional Services in connection with the
1990 MSA Improvements - 33rd Street and Laverne
Avenue from CSAH 17 to TH 5 (Grading, Gravel Base,
Storm Sewer, Bituminous Surfacing and Concrete
Curb and Gutter). Verbal Authorization approved
at Regular City Council Meeting on January 16,
1990.
Part I -Plans (Feasibility Study) (09720-01):
Personnel: Classification: Billing Rate:
T. Prew Registered Engineer 2.00 Hrs. @ 53.16 106.32
Reimbursable Expenses:
Beckwith Incorporated - Reprod/Reprogr - 8.20
AMOUNT DUE ................................. $ 114.52
State of Minnesota )
ss
County of Ramsey
Ray A. Andrews, being first duly sworn, deposes and says that the foregoing
account is just and true; and the services therein charged were actually
rendered and of the value therein charged, that the expenses incurred were
paid by the affiant and no part of the same has been paid.
Subscribed and sworn to before me,
a.. notary �public,
/fo/n'� this date
1 Apr'•3/
g e0* W��I,�g LINDA E. SCH03EY
11 j�IM NOTARY PUBLIC-111NNESGTA
`Wy0a RAMSEY COUNTY
SAY Comm. EWA✓A AU( 4, I999
TOLTE, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
G
APR 1 2 1991
ri
JAMES R. HILL, INC.
PLANNERS ANGINEERS SURVEYORS
9401 JAMEs AvE. So., SuITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
STATEMENT DATE:APR 8 91
CLIENT NUMBER: 5255
PROJECT DATE
AMOUNT
PAYMENTS
0112P COMPREHENSIVE PLAN/MUNICIPAL WORK
FEB 90
$
1,235.00
$
11235.00
MAR 90
$
654.00
$
654.00
APR 90
$
418.00
$
418.00
MAY 90
$
2,827.00
$
2,827.00
JUN 90
$
1,336.00
$
1,336.00
JUL 90
$
885.00
$
885.00
AUG 90
$
3,436.00
$
3,436.00
SEP 90
$
671.00
$
671.00
NOV 90
$
601.00
$
601.00
DEC 90
$
30.00
$
30.00
FEB 91
$
590.00
$
0.00
PROJECT TOTAL:
$
`12,683.00
$
12,093.00 $
0194P ARABIAN HEIGHTS/MUNICIPAL WORM:
SEP
90
$
561.00
$
561.00
OCT
90
$
531.00
$
531.00
NOV
90
$
325.00
$
325.00
DEC
90
$
30.00
$
30.00
FEB
91
$
148.00
$
0.00
MAR
91
$
177.00
$
0.00
PROJECT
TOTAL:
$
1,772.00
$
1,447.00 $
0210P FOX FIRE MANNOR/MUNICIPAL WORK
NOV 90
$
118.00 $
FEB 91
$
207.00
MAR 91
$
11B.00
PROJECT TOTAL: $
443.00
1505P SHORELAND MANAGEMENT/MUNICIPAL
WORK
FEB 91
$
236.00 $
MAR 91
$
118.00 $
PROJECT TOTAL: $
1508P ROLLING HILLS/MUNICIPAL WORK
FEB 91 $
354.00 $
89.00 $
118.00
0.00
0.00
118.00 $
0.00
0.00
0.00 $
0.00
BALANCE
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
590.00
590.00
0.00
0.00
0.00
0.00
148.00
177.00
325.00
0.00
207.00
118.00
325.00
236.00
118.00
354.00
89.00
13
JAMEs R. HILL IN(.
PLANNER - ENGINEERS SURVEYOR
9401 ]a«Es AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518
Lake Elmo, City of STATEMENT OAT ;APR 8 91
Attn: Ms. Mary KUe +ner
3800 Laverne Ave. No.
Lake Elmo, MN 55042 CLIENT NUMBER: 5255
PROJECT DATE
----------
AMOUNT
PAYMENTS
BALANCE
PROJECT
T TAL:
$
----------
89.0 $
-----------
0.00$
89.0
8087P .CITY OF LAKE ELMO-MIS ./MUNICIPAL
WORK
DEC
88
$
1,216.00 $
1,216.00
0.0
JAN
89
$
1,694.0 $
1,694.00
0.00
FEB
89
$
63.00 $
68.00
0.00
APR
89
$
1,060.0 $
1,060.00
0.00
MAY
89
$
743.0 $
743.00
0.0
SEP
89
$
738.00 $
738.00
0.0
OCT
8
$
545.0 $
545.00
0.00
JAN
90
$
118.00 $
118.00
0.00
FEB
90
$
118.00 $
118.00
0.00
APR
90
$
207.00 $
207.00
0.00
Y
90
$
289.00 $
289.00
0.00
JUN
4
$
90.0 $
90.00
0.0
JUL
9,t
$
177.0 $
177.00
0.00
SEP
90
$
118.00 $
118.00
0.0
OCT
90
$
1,446.00 $
1,446.00
0.00
NOV
90
$
8 5.00 $
885.00
0.00
DEC
90
$
7 7.00 $
797.Oo
0.00
JAN
91
$
531.00 $
531.00
O,0n)
FEB
91
$
384.00 $
0.00
384.00
MAR
91
$
1,003.00 $
0.00
1,003.01
PROJECT TOTAL: $ 12,222.0 $ 10,83 .00 $ 1,3 7.00
CURRENT OVER 3 OVER 6
OVER 90
BALANCE DUE
$1,416.00 $1,654.0 $0.00 $0.00 $3,070.00
12
JAMES R. HILL, INC.
PLANNERS -ENGINEERS SURVEYORS
9401 IAMEs AvE, So., SUITE 140, BLOOMINGTON, MN 55431 612/884.3029 FAX 884-9510
MAR 31 91
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
CITY OF LAKE ELMO-MISC./MUNICIPAL WORK. (8087P)
Letters, memos, phone conversations, etc.
City planning commission meetings
City staff meetings
Other misc. services for client
Park board meetings
PLANNER III 17.00 HRS X $ 59 = $ 1,003.00
. . $ 1,003.00
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
-- Planning Commission meetings
(2-25-91, 3-11-91, 3-25-91).
-- Park Dedication Ordinance - prepare
draft ordinance and review with
City Staff and City Attorney.
-- Park Commission meeting (3-18-91).
-- Meeting with City Attorney -
Federal Land Case.
-- Meeting with City Administrator
and Mayor (3-13-91).
-- Phone calls, City Staff, Engineer
and City Attorney.
MARCH 1991
6.00 HRS. @ $59/HR.
4.50 HRS. @ $59/HR.
2.00 HRS. @ $59/HR.
1.50 HRS. @ $59/HR.
2.00 HRS. @ $59/HR.
1.00 HRS. @ $59/HR.
TOTAL $1,003.00
JAMEs R. HILL, INC.
PLANNERS.ENGINEERS SURVEYORS
9401 JAMES AVE. SO., Sum 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518
Lake Elma, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
SHORELAND MANAGEMENT/MUNICIPAL WORK.(1505P)
Other misc. services for client
City council meetings
PLANNER III 2.00 HRS X $ 59 = $ 118.00
MAR 31 91
$ 118.00
JAMES R. HILL, INC.
PLANNERS - ENGINEERS SURVEYORS
9401 JAMES AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAx 884-9518
MAR 31 91
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
-------------------------------
ARABIAN HEIGHTS/MUNICIPAL WORK: (0194P)
------------------------------
Other misc. services for client
Letters, memos, phone conversations, etc.
PLANNER III 3.00 HRS X $ 59 = $ 177.00
--------------
177.00
Steven C. DeLapp
8468 Lake Jane Trail
Lake Elmo, MN 55042
May 7, 1991
Dear Ms. Kueffner,
I am requesting that the attached letter be distributed to the City
Council during Public Inquiries this evening.
Thank you for efforts and
Sincerely,
Z/�
Attachment
I
l
DAMES R. FALL, INC.
PLANNERS -ENGINEERS SURVEYORS
9401 JAMEs AvE. So., SUITE 140, BLOOMINGTON, MN 55431 612/804-3029 fax 884-9518
MAR 31 91
Lake Elmo, City of
Attn: Ms. Mary Kueffner
3800 Laverne Ave. No.
Lake Elmo, MN 55042
PROFESSIONAL SERVICES RENDERED:
FOX FIRE MANNOR/MUNICIPAL WORK (0210P)
Other misc. services for client
PLANNER III 2.00 HRS X $ 59 = $ 118.00
--------------
$ 118.00
V/ FtAE w LaKe Limo, iviiv oou4L
oEPT.
To:
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Steven C
8468 Lake
Lake Elmo,
May 6, 1991
Dear Dave,
DeLapp
Jane Trail
MN 55042
Following up on Jess Mottaz' letter to me about Council sensitivity, I
want to call attention to your behavior at the April 25 Valley Branch
Water Shed meeting. You arrived late and walked past the large
audience to the front row. Instead of discreetly seating down, you
stayed up and shook hands with the former land owner thought by
many in the audience to be responsible for the problem being
discussed. You got up and down at irregular intervals to get
refreshments and to talk to people in the back of the Council
Chambers. You spoke out several times without waiting to be
recognized by the Valley Branch Chairman.
Those present were
generally
able
to concentrate over your
distractions
and to keep
their attention
focused on the subject. On
the other
hand, your
behavior
would
have increased anxiety for
those who
consider your
presence,
alone,
to be a form of intimidation
toward the
majority of
residents
who support the higher quality of
life in Lake
Elmo.
Thank you in advance for addressing this unfavorable reflection on
the Office of the Mayor and on the Council as a whole.
Sincerely,
xc: City Council
CITY OF
LAKE
ELMO
May 1, 1991
5-A
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
TO: ReAPP
From: Mary K.
RE: Contract Rate Increase for DPRA and Geraghty & Miller
The attached letter from DPRA requests a contract extension
and a rate increase for itself and Geraghty and Miller.
In previous requests, a recommendation has come from ReAPP
to the City Council. Since you are meeting on the 5th of
May, I have put this on the May 7th City Council Agenda,
attach,
APR. 2 9 1991
,., J201A E-1900 _ -12-227-6500 Fax 612-227= =
April 25, 1991
Ms. Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Subject: EIS Review for Proposed Landfill Site in Lake Elmo
Dear Mary:
As you are aware, it is customary for DPRA Incorporated to provide an annual increase in
staff salaries, based on cost -of -living and performance factors, effective April 1 of each
year. This year, DPRA's overall increase in salary expense for all employees averaged six
percent. Salaries of staff members in our St. Paul office who work on the Lake Elmo EIS
review project were given an average increase of six and three-quarters percent.
Presented below are DPRA's existing contract hourly rates for staff assigned to this project,
as well as their new labor rates which became effective April 1.
Staff
Lough
Ross
Smith
Blackburn
Clerical/Accounting
Contract Rate ($/hr)
90.00
52.50
52.50
36.50
34.50
New Rate ($/hr)
94.50
56.00
56.00
40.00
36.50
We therefore request that the City of Lake Elmo and ReAPP approve our adjusted labor
rates in accordance with our salary costs for staff working on this project, effective April 1,
1991 through March 31, 1992, under our amended contract (May 24, 1990.) This does not
affect the overhead rate, profit level, or other charges to the project.
Once again, we find ourselves making this request to the City because of significant delays
in the EIS project schedule by Washington County. As of March 25, 1991, the project team
of DPRA and Geraghty & Miller have invoiced 51 % of the estimated project budget,
excluding the contingency allowance. We had originally estimated project completion by
December 1990. In addition, pursuant to Section IV of our contract, we request a one-year
contract extension to June 30, 1992 to complete the EIS review.
Regarding staff labor rates charged by our subcontractor, Geraghty & Miller, we have
enclosed a letter and fee schedule for their professional services which will become effective
May 1, 1991 on all existing projects except those where contractual agreements preclude the
introduction of a different fee schedule. Geraghty & Miller's labor rates under this contract
will be two years old this May and, based on their new fee schedule, hourly rates for staff
working on the EIS review project have increased.
200 Research Drive PO. BOX 727 Manhattan, Kansas 66502 Teleohone -?13-539-3565 FAX 913-539-5353 Telex 704314
Olher offices: Washington D.C.. SI. Paul, Chicago. Denver, Dallas, Kansas C ty. Oak Ridge, Nairobi. Kenya
Ms. Mary Kueffner
Page 2
April 25, 1991
Presented below is a comparison of Geraghty & Miller's existing contract rates and new
rates for professional services.
Staff Category
Senior Expert - FLETonr-s? lWisboll
Principal Scientist I-I(EL.rroa BARB
Staff Scientist II - R w H Sows
Scientist III—Robeier t4AeNEAL
Scientist I— S. U9ocTEk
Contract Rate ($/hr)
135
105
60
50
40
New Rate ($/hr)
200
112
80
67
47
On behalf of our subcontractor, we request that you consider granting an increase in their
labor rates, as presented above or at your discretion, to reflect increases in their costs over
the past two years.
We will provide additional information or answer any questions you may have regarding
these requests. Thank you for your consideration.
Sincerely,
Christopher J. Lough
Vice President
CJL/ne
cc: DPRA File 5175.001
Kelton Barr, Geraghty & Miller
Dick Acree, ReAPP
A
AWGERAGHTY
AV& MILLER, INC.
)W En vironmental Services
Ground Warer Engineering 1 vdrocarbon Rernediation Education
March 29, 1991
Dear Client:
Geraghty & Miller, Inc. has been a leader in the environmental industry for over 33
years. Our reputation has been earned and maintained by continually providing our clients with
cost-effective and technically innovative solutions to their problems. Our success in achieving
this goal is attributable to the high level of experience, diversity of skills, and technical
leadership of our staff.
The industry -wide need for superior, trained scientists and engineers is well documented.
Our fine reputation has helped us attract the best, but competitive salaries and benefit packages
must be provided and superior training programs given to retain such an effective staff.
Our responsiveness to these requirements and to our clients' varied needs increase our
operating costs. These in turn must be partially offset by periodic adjustments in our
professional fees. The enclosed fee schedule becomes effective on May 1, 1991 for all existing
projects except those where contractual agreements preclude the introduction of a different fee
schedule at this time.
Geraghty & Miller has assembled a professional staff with unequaled experience. Our
firm has repeatedly demonstrated, through cost savings to our clients, the relationship between
experience and the most practical solution, between experience and the best negotiated
agreement, between experience and an on -budget project, between experience and the absence
of error.
We appreciate the confidence you have placed in Geraghty & Miller and look forward
to the opportunity to service your future needs. We recognize that clients like you make our
success possible.
Sincerely,
GERAGHTY & MILLER, INC.
Gary E. Coates
Vice President, Business Development
Enclosure
125 East Bethpage Road - Plainview. New York 11803 - (516) 249-7600 • FAX (516) 249 7610
GERAGHTY & MILLER, INC.
FEE SCHEDULE FOR PROFESSIONAL SERVICES
The charges for services provided by Geraghty & Miller, Inc, consist of: (1) an hourly fee for any professional and
! support staff member working on a project; (2) reimbursement of expenses; (3) reimbursement of subcontractor's and
other special costs; (4) use and rental charges for equipment. Bills covering these charges and expenses will be submitted
for payment on a monthly basis (except for subcontractor invoices which will be billed as received), unless some other
arrangement has been agreed upon.
Hourly fees for various classifications of Geraghty & Miller, Inc. personnel are indicated below and are subject to revision.
STAFF CATEGORIES
HOURLY RATES
PROJECT STAFF Principal: Scientist II/Engineer II
$125
Principal: Scientist (/Engineer 1
112
Senior: Scientist II/Engineer 11
105
Senior: Scientist I/Engineer 1
96
Project: Scientist II/Engineer II
90
Project: Scientist I/Engineer 1
85
Field Operation Manager
83
Staff: Scientist II/Engineer II
80
Senior Designer
78
Staff: Scientist I/Engineer 1
75
Field Supervisor
72
Scientist III/Engineer Its
67
Designer
63
Scientist II/Engineer II
59
Master Technician
55
Scientist I/Engineer 1
49
Senior Technician
45
Technician
39
Senior Project Advisor
$170
Project Director
150
SUPPORT STAFF Technical Editor
$ 59
Senior Draftsperson
59
Draftsperson
47
Word Processor/Clerical
38
SCIENTISTS: Includes the following
Geologists
Hydrogeologists
Hydrologists
Geochemists
Geophysicists
Mathematicians
ENGINEERS: Includes the following
INVOICING & PAYMENT: Progress invoices will be issued monthly
Biologists
and are to be paid within 30 days of the invoice date. Subcontractor
Toxicologists
billings are payable upon presentation. Preparation of special invoice
Epidemiologists
formats and documentation of Itemized charges will be billed at
Pharmacoiogists
$38 per hour plus expenses. A finance charge of 1.5% per month
Chemists
will be charged on past due accounts. A 2% discount for profes-
Air Quality Specialists
sional fees (Geraghty & Miller labor) only will be allowed on
payment received within 20 days of invoice date.
Agricultural Engineers
Geotechnical Engineers
Chemical Engineers
Mechanical Engineers
Civil Engineers
Soils Engineers
Electrical Engineers
Structural Engineers
Environmental Engineers
SENIOR EXPERTS: Rates for Senior Experts of the firm will be
provided upon request.
SUBCONTRACTS: Subcontractor (drillers, chemical laboratories,
etc.) services, and expenses will be charged at cost plus 15%.
PROJECT SUPPLIES & SPECIALTY EQUIPMENT: All project
related expenses, material costs, field supplies, freight and shipping,
telephone, reproductions and the costs associated with the rental of
specialized equipment will be charged at cost plus 15%.
LEGAL PROCEEDING: A surcharge of 50% will be added to
the professional rates for sequestered preparation time and the
actual time spent in: depositions, public testimony, court and/or
hearings.
GERAGHTY & MILLER EQUIPMENT & MATERIALS: Use of
equipment and materials owned by Geraghty & Miller will be
invoiced at fixed unit rates. A summary of these rates will be
provided upon request. ,
TRAVEL & RELATED EXPENSES: Charges for rental vehicles,
meals, travel, and lodging will be billed at actual cost plus 15%.
Use of personal vehicles will be billed at $.35/mile.
MY1
CONTRACT FOR PROFESSIONAL TECHNICAL SERVICES BETWEEN
THE CITY OF LAKE ELMO, MINNESOTA AND DPRA INCORPORATED
THIS CONTRACT, which shall be interpreted pursuant to the laws of the State of
Minnesota, between the City of Lake Elmo, Minnesota (hereinafter CITY) and DPRA
Incorporated, 245 East Sixth Street, Suite 813, St. Paul, Minnesota 55101 (hereinafter
CONTRACTOR), provides for the following:
WHEREAS, the CITY, pursuant to is
empowered to contract for technical services to evaluate the Environmental Impact
Statement on a proposed solid waste landfill within the City of Lake Elmo, and
WHEREAS, the City Council, in Resolution , has selected the
CONTRACTOR through competitive bidding to conduct this review, and
WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform
the services set forth herein, -
NOW, THEREFORE, it is agreed:
I. CONTRACTOR'S DUTIES. CONTRACTOR shall conduct the activities associated
with the review and comment on an Environmental Impact Statement (EIS) on a
proposed sanitary landfill site in the City of Lake Elmo as described in Attachment A.
Throughout the project, the CONTRACTOR will monitor and reevaluate the scope of
services required by this agreement as detailed in Attachment A, Contract Tasks, to
ensure that the tasks accomplished by the CONTRACTOR, and/or subcontractors, will
be reasonable and meaningful to the purpose of the contract. Any part of Contract
Tasks found to be not reasonable, meaningful and/or redundant shall be brought to the
attention of the CITY for consideration of removal from the list of Contract Tasks or
reduction in size, as applicable. Any tasks identified during this constant evaluation
process that are not listed in Attachment A shall also be brought to the attention of the
CITY.
II. CONSIDERATION AND TERMS OF PAYMENT.
A Consideration.
Consideration for all services and goods performed and goods or materials supplied by
CONTRACTOR pursuant to this contract shall be coordinated or paid by the CITY as
follows:
Total compensation, including reimbursements for travel and subsistence expenses
actually and necessarily incurred by CONTRACTOR that are eligible for reimbursement
by the Metropolitan Council will be coordinated (submitted to the Metropolitan Council
and reimbursements forwarded to CONTRACTOR) in accordance with the Metropolitan
Council's Landfill Site Evaluation Cost Reimbursement guidelines as established under
Minnesota Statutes Section 473.831. Compensation not accepted for reimbursement by
the Metropolitan Council will be paid by the CITY and shall not exceed fifty thousand
and no/100 dollars ($50,000.00). Within 30 days after this contract is put into effect, the
CONTRACTOR shall provide to the CITY a chart and/or table showing estimated
monthly billing invoice amounts. The CITY may then apply payment percentages herein
to ensure that adequate funds are available to meet invoice requirements.
B. Terms of payment.
The CONTRACTOR shall submit monthly invoices based on services rendered and rates
as referenced in Attachment B. Monthly invoices shall be submitted in conjunction with
the required progress reports. Payments shall be made by the CITY based on the
following schedule. Upon approval of each invoice, 40% of the invoice amount owed by
the CITY will be paid by the CITY. Upon approval by the CITY's authorized agent of a
draft report, 30% of the total amount invoiced by CONTRACTOR to the date of draft
report submittal that is owed by the CITY will be paid by the CITY. Upon approval by
the CITY's authorized agent of a final report, 25010 of the total amount invoiced by
CONTRACTOR to the date of final report submittal that is owed by the CITY will be
paid by the CITY. Upon completion of the project, including public testimony, the
remainder of the amount due from the CITY based on total invoices submitted will be
paid by the CITY. The CITY will make invoice payments no later than 45 days
following receipt of the invoice.
Invoices eligible for reimbursement by the Metropolitan Council will be submitted, upon
receipt by the CITY, to the Metropolitan Council. Funds reimbursed to the CITY from
the Metropolitan Council will be forwarded immediately to the CONTRACTOR.
III. CONDITIONS OF PAYMENT. All services provided by CONTRACTOR pursuant
to this contract shall be performed to the satisfaction of the CITY, as determined to the
sole discretion of its authorized agent, and in accord with all applicable federal, state and
local laws, ordinances, rules and regulations. CONTRACTOR shall not receive payment
for work found by the CITY to be unsatisfactory, or performed in violation of federal,
state or local law, ordinance, rule or regulation.
IV. TERMS OF CONTRACT. This contract shall be effective on the date fully
executed and shall remain in effect until June 30, 1991 or until all obligations set forth in
this contract have been satisfactorily fulfilled, whichever occurs first.
V.• CANCELLATION. This contract may be cancelled by the CITY or the
CONTRACTOR at any time, with or without cause, upon thirty (30) days written notice
to the other party. In the event of such a cancellation, CONTRACTOR shall be entitled
to payment for work or services satisfactorily performed.
VI. AUTHORIZED AGENTS. The CITY's authorized agent for the purposes of
administration of this contract is Todd Williams. The alternate authorized agent for the
CITY shall be the Mayor of Lake Elmo. Such agent shall have final authority for
acceptance of CONTRACTOR's services and if such services are accepted as
satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph
B. The CONTRACTOR'S project manager shall be Chris Lough of DPRA
Incorporated.
2
VII. ASSIGNMENT. CONTRACTOR shall not assign nor transfer any rights or
obligations under this contract without the prior written consent of the CITY.
VIII. AMENDMENTS. Any amendments to this contract shall be in writing, and shall
be executed by the same parties who executed the original contract, or their successors in
office. This amended contract supersedes the previous contract signed on May 2, 1989
by the Mayor of Lake Elmo and on May 5, 1989, by representatives from DPRA. That
previous contract is now null and void.
IX. LIABILITY. CONTRACTOR agrees to indemnify and save and hold the CITY, its
agents and employees harmless from any and all claims or causes of action arising from
the performance of this contract by CONTRACTOR or CONTRACTOR'S agents or
employees. This clause shall not be construed to bar any legal remedies
CONTRACTOR may have for the CITY's failure to fulfill its obligations pursuant to this
contract.
X. AUDITS. The books, records, documents, and accounting procedures and practices
of the CONTRACTOR and any SUBCONTRACTORS relevant to this contract shall be
subject to examination by the CITY for a period of 2 years after completion of this
contract.
XI. OWNERSHW OF DOCUMENTS. Any reports, studies, photographs, negatives, or
other documents prepared by the CONTRACTOR in the performance of its obligations
under this contract shall be the exclusive property of the CITY and all such materials
shall be remitted to the CITY by CONTRACTOR upon completion, termination or
cancellation of this contract. CONTRACTOR shall not use, willingly allow or cause to
have such materials used for any purpose other than performance of CONTRACTOR's
obligations under this contract without the prior written approval of the CITY.
XII. HEALTH AND SAFETY. The CONTRACTOR is responsible for taking all acts
necessary to ensure the health and safety of personnel performing tasks associated with
work funded under this contract. The CONTRACTOR shall ensure that it has insurance
adequate to cover all potential risks associated with the work to be conducted under the
contract.
)(III. ANTITRUST. CONTRACTOR hereby assigns to the City of Lake Elmo any and
all claims for overcharges as to goods and/or services provided in connection with this
contract resulting from antitrust violations which arise under the antitrust laws of the
United States and the antitrust laws of the State of Minnesota.
XIV. CONFLICT OF INTEREST. The CONTRACTOR has no conflict of interest
with the performance of this contract. The CONTRACTOR shall assure that approved
SUBCONTRACTORS have no conflict of interest with the performance of this contract.
The CONTRACTOR shall notify the CITY of any emerging or potential conflict of
interest. The CONTRACTOR's failure to notify the CITY of any such conflict of
interest may result in the cancellation of this contract by the CITY, pursuant to Clause V
of this contract, except that cancellation by the CITY shall require three days written
notice to the CONTRACTOR.
XV. SUBCONTRACTORS. The CITY approves the CONTRACTOR's use of the firm
of Geraghty and Miller (SUBCONTRACTOR) for certain activities as described in
Attachment A.
IN WITNESS WHEREOF, the parties hereto have executed this contract intending to
be bound thereby.
CONTRACTOR:
Y�
Title: Vice Chairman
Date: December 4, 1989
By:�
T
Title: Vice President
Date: December 4, 1989
t As to form and execution by the
City Attorney:
By: ,
DatZ Cola�
4
CITY:
—_T
Title:
Date:
Title: ( '/ ,, i f(q--.tX e
Date:
r
REQUEST FOR COUNCIL -ACTION
Meeting Date May 7, 1991
NO:
4C2—EV CA SECTION
IT c'r1: ORDINANCE RELATING TO THE CLOSURE OF
MANUFACTURED HOME PARKS
ORICiNA INC
DE?ARTIIAENT:
BY:
APPROVE* FCR
AGENCA BY:
APAC Ordinance
Our city attorney has prepared the attached ordinance relative to.
the concerns raised by Cimarron residents should the park close
and the residents be forced to relocate.
I understand that APAC is meeting.on Wednesday, May 1 to -review
this proposed ordinance. Their comments will be included in this
packet if they are received in time.
I have also asked for additional comments from the park owner(s).
Assuming that the Council intends to adopt an ordinance of this
sort, the following motion is offered for your consideration.
Motion , Second to
adopt Ordinance 80 adding Chapter 1700 to the Lake Elmo
Municipal Code relating to the closure of Manufactured Home Parks
as presented (or amended.).
WARREN E. PETERSON
RONALD J. RIACH
JEROME P. FILLA
DANIEL WITT FRAM
GLENN A. BERGMAN
JOHN MICHAEL MILLER
GARY IV. BECKER4t
TIMOTHY J. HASSETTt
MICHAEL T. OBERLE
CLYDE C. AHLQUIST
PETERSON, FRANKE & RIACH
PROFFSSIONAL ASSOCIATION
300 MIDWEST FEDERAL BUILDING
50 EAST FIFTH STREET
ST. PAUL, MINNESOTA 55101.1197
(612) 291.8955
FAX NO. (612) 228-1753
April 19, 1991
Mary Kueffner, City Manager
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Manufactured Home Park Closings
Our File Number: 11135,910001
Mary:
tREALPROPERTYI,1WSPECIALwr
"ALSO ADMITTED IN WISCONSIN
JALSO ADMITTED IN ILLINOIS,
FLORIDA, WASHINGTON D.C.
ROSEVILLE OFFICE
200 ROSEDALE TOWERS
1700 WEST HIGHWAY 36
ROSEVILLE, MINNESOTA 55113
(612) 636-6400
FAX NO. (612) 636-7334
OF COUNSEL
JEROME E. FRANKE
MELVIN J. SILVER
Enclosed is a revised -draft of the proposed Ordinance relating
to the closure of Manufactured Home Parks. By copy of this
correspondence I have forwarded the Ordinance to Mr. Schumacher.
I trust that he will make the document available to the residents
of the Park.
{ Please forward a copy of the proposed regulation to the Park
owner. It would be helpful to receive comments from the interested
parties several days in advance of the City Council meeting so that
it can be included in the City Council agenda packet.
If you have any questions, please contact me.
JPF:cab
Enclosure
cc: Glenn Schumacher
Very truly yours,
C
ero 6 lla
i
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 1700 TO THE LAKE ELMO
MUNICIPAL CODE RELATING TO THE CLOSURE OF MANUFACTURED
HOME PARKS.
The City Council ordains that Chapter 1700 and its subsections
shall be added to the Lake Elmo Municipal Code to read as follows:
1700. Manufactured Home Park Closings.
1700.010. Purpose and Intent. Based upon the difficulty and
expense of relocating Manufactured Homes and the unavailability of
Manufactured Home Parks within a reasonable distance of the City of
Lake Elmo, the Council finds that the public health, safety -and
welfare of Lake Elmo residents will be promoted by adopting
regulations relating to the payment of Relocation Costs and
Compensation in the event of the closing of all or a portion of a
Manufactured Home Park. The purpose of this regulation is to
define the regulations which will apply to Manufactured Home Park
Closings and is adopted pursuant to the authority granted by M.S.
327C.095.
1700.020. Definitions. The following words and phrases when used
in this regulation shall have the following meanings:
A. Closure Statement. A written statement prepared by the
Park Owner which includes the following information:
1. A statement that the Manufactured Home Park, or a
portion thereof, is closing and the anticipated
date of closing.
2. A statement of the probable Relocation Costs which
will be incurred by the Park Residents in order to
relocate the Park Residents Manufactured Home to a
Manufactured Home Park within a twenty-five (25)
mile radius.'
3. A statement addressing the availability, location
and potential cost of other Manufactured Home Park
lot sites located within a twenty-five (25) mile
radius of the Manufactured Home Park that is being
closed.
01
B.
C.
Park/Resident. An owner of a Manufactured Home located
a lot in a Manufactured Home Park within the City of
Lake Elmo who rents such Lot and occupies such
Manufactured Home as a principal residence.
Lot. An area within a Manufactured Home Park designed or
used for the accommodation of a.Manu£actured Home.
D.
Manufactured Home. A structure, not affixed to or a part
of real estate, transportable in one or more sections,
which in the travelling mode is eight (8) body feet or
more in width or forty (40) body feet or more in length,
or when placed on a Lot, is three hundred -twenty (320) or
more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating,
air conditioning and electrical system contained in it.
E.,_.
Manufactured Home Park. A site, lot, field or tract of
land upon which two (2) or more occupied Manufactured
Homes are located either free of charge or for
compensation and includes any building structure, tent,
vehicle or enclosure used or intended for use as part of
the equipment of the Manufactured Home Park.
Manufactured Home Park does not include facilities which
are open daily during three or fewer seasons of the year.
i F.
Park Closing. The conversion of all or a portion of the
occupied Lots of a Manufactured Home Park to another use.
G.
Park Owner. The owner of a Manufactured Home Park.
H.
Person. Any individual, corporation, firm, partnership,
incorporated and unincorporated association or any other
legal or commercial entity.
I.
Relocation Costs. The reasonable cost of relocating a
Manufactured Home from a Manufactured Home Park in Lake
Elmo to another Manufactured Home Park within a twenty-
five (25) mile radius. Such cost shall be limited to:
1. The actual, expenses incurred in moving the Park
Resident's Manufactured Home and personal property,
including the reasonable cost of disassembling,
moving and reassembling any attached appurtenances
(i.e. porches, desks, skirting, awnings) which were
not acquired after service of the Closure Statement
on the Park Resident.
2. The cost of insuring the Manufactured Home for its
replacement value while the Manufactured Home is in
the process of being relocated.
2
3. The cost of such repairs, modifications or utility
charges as are necessary in order to disassemble,
move and reassemble the Manufactured Home in
another Manufactured Home Park.
J. Current Resident List. A list of names and addresses of
adult residents of the Manufactured Home Park.
1700.030. Notice of Closing. At least ninety (90) days prior to
the anticipated date for the full or partial closing of a
Manufactured Home Park, the park owner shall:
A. Personally serve a copy of the Closure Statement on at
least one adult resident of each Manufactured Home within
the Manufactured Home Park.
B. Personally serve the Lake Elmo Administrator with a copy
of the Closure Statement, a Current Resident List, and a
plan for funding the Relocation Costs and compensation
which will be required as a condition of closing. -
1700.040. Public Hearing. The City Administrator shall forward
the Closure Statement to the Planning Commission for comment. Upon
review by the Planning Commission, the City Administrator shall
schedule a public hearing before the City Council preceded by ten
(10) days mailed notice to people whose names appear on the
Resident List. Failure to notify all Park Residents shall not
invalidate the public hearing. At the public hearing the City
Council shall.review the Closure Statement, receive comments and
evaluate the impact of the Manufactured Home Park Closing on the
Park Residents, the City's resources and its comprehensive plan.
1700.050. Conditions of Closing. As a condition of closing, the
Park Owner shall pay Relocation Costs to Park Residents or the Park
Purchaser shall pay compensation to Park Residents as hereinafter
provided. Development and/or building permits shall not be issued
for subsequent uses of the Manufactured Home Park Property until
the Park Owner and/or Park Purchaser have complied with the City's
Development Regulations and have made arrangements, acceptable to -
the City, for the funding Relocation Costs and the compensation
required hereby.
A. Relocation Costs. Within ninety (90) days of receipt of
a Closure Notice, a Park Resident shall provide the Park
Owner with a written statement of Relocation Costs or; in
the alternative, a written statement that the Park
Resident cannot relocate the Park Resident's Manufactured
Home to another Manufactured Home Park within a twenty-
five (25) mile radius and the reasons for such
•conclusion.
3
1. If a single section Manufactured Home can be
relocated to another Manufactured Home Park within
a twenty-five (25) mile radius, the Park Owner
shall pay the actual Relocation Costs, or, an
amount equal to $ whichever is less.
2. If a double section Manufactured Home can be
relocated to another Manufactured Home Park within
a twenty-five (25) mile radius, the Park Owner
shall pay actual Relocation Costs, or, an amount
equal to $ , whichever is less.
3. The Park Owner shall make relocation payments
directly to contractors providing the relocation
service, but, upon proof of payment of such
Relocation Costs by a Park Resident, shall
reimburse the Park Resident directly for such
Relocation Costs. The Park Owner shall be entitled
2 to receive adequatedocumentationof Relocation
Costs, including costs of proposals, invoices,
X, estimates and contracts for relocation services.
B. Election to Receive Compensation. If a Manufactured Home
cannot be relocated to another Manufactured Home Park
within a twenty-five (25) mile radius, the Park Resident
shall elect one of the following options by giving
written notice to the Park Owner;
1. The Park Resident may elect to receive compensation
in an amount equal to the average Relocation Cost
provided to Park Residents for the relocation of
similar housing, in which event, the Park Purchaser
shall pay such compensation and the Park Resident
shall retain title to the Manufactured Home and be
responsible for its prompt removal from the
Manufactured Home Park; or
2. The Park Resident may elect to receive compensation
in an amount equal to percent of the esti-
mated market value for the Manufactured Home as
stated on the Current Year Personal Property Tax
Statement for the Manufactured Home, in which
event, the Park Purchaser shall pay such
compensation to the Park Resident and the Park
Resident shall transfer title to the Manufactured
Home to the Park Purchaser free and clear of all
liens and encumbrances.
3. The compensation payment provided for herein shall
be paid within thirty (30) days prior to the date
of the closing of the Manufactured Home Park.
1700.060. General Reauirements.
A. Displaced Residents cannot be required to vacate until
sixty (60) days after conclusion of the public hearing
before the City Council.
B. If there is a partial closure of the Manufactured Home
Park and other Lots remain available within the same
Manufactured Home Park, the Park Owner must allow
Displaced Residents an opportunity to relocate within the
Manufactured Home Park.
700.070.J1 Limitation of Relocation Costs and Compensation. The
Qtal___amdunt of Relocation Cost and Compensation to be paid to a
Park Residents shall not exceed percent of the estimated
market value of the Manufactured Home Park, as stated in the
Property Tax Statement for the year in which the Closure Statement
is served on the City Administrator. In the event that the total
of the Relocation Cost and Compensation payable to Park Residents
exceeds, this limitation, the Relocation Costs and Compensation
payable to each Park Resident shall be decreased proportionately so
that the total of the Relocation Costs and Compensation does not
exceed the limitation stated herein.
Effective Date. This ordinance shall be effective the day
following its publication.
Adoption Date. Passed by the City Council of the City of Lake Elmo
the day of _ , 1991.
David Johnson, Mayor
ATTEST:
Mary Kueffner, City Administrator
Publication Date.
C\J\LEORD91.002
April 19, 1991
Published on the
5
of
1991.
REQUEST FOR COUNCIL ACTION
Meeting Date May 7, 1991
i EN D A SECTION
PLANNING, LAND USE & ZONING
rEM: NPDES Permit Podification.
1: ORIGINATING-
3F , DEPARTMENT:
BY:
APPROVED* FaR
AGENDA BY:
Attached is a "Public Notice" relative to the request of Washington
County to modify NPDES/SDS Permit #MN 005438 which, if approved by the
MPCA would increase the permitted flow at out fall 010 from 150
gallons per minute to 190 gallons per minute. It would also allow for
the substitution -of Phenol -for Total Phenols on list of monitored
parameters.
I have asked our City Engineer to respond to this request which is
attached for your review.
The City has until May 24, 1991 to submit comments on this proposed
modification.
r� METROPOLITAN COUNCIL
Mears Park Centre, 230 &tst Fifth Street, St. Pau(, MN 55101-1634 612 291-6359 FAX 612 291-6550 777 612 291-0904
April 30, 1991
To Whom It May Concern:
RE: Washington County Department of Public Health
NPDES Permit Application
Washington County Landfill #1
Lake Elmo, Minnesota
Received 04/29/91
Metropolitan Council Referral File No. 15414-1
The Metropolitan Council has received the above permit application from the Minnesota Pollution
Control Agency.
The Council will be reviewing this in the next few weeks and would welcome any comments you may
wish to make. Any comments should be sent within one week.
Thank you.
Sincerely,
METROPOLITAN COUNCIL
Lynda Voge
Referrals
cc: E. Craig Morris, Metropolitan Council District 16
Minnesota Pollution Control Agency r�
520 Lafayette Road, Saint Paul, Minnesota 55155-3898
( Telephone (612) 296-6300
MINNES TA1990
April 25, 1991 -APR 2 6 1991
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Draft Modified NPDES/SDS Permit.#MN 0054348
Washington County Landfill #1
Lake Elmo, Minnesota
Dear Mayor (or Chief Administrative Officer):
THIS IS AN OFFICIAL REQUEST OF -THE MINNESOTA POLLUTION CONTROL AGENCY THAT
YOU POST THE ENCLOSED PUBLIC NOTICE IN ACCORDANCE WITH THE FOLLOWING:
The'Minnesota Rules Part 7001.0100 Subpart 5 C require that:
"The Director shall circulate permit public notices in one or more of
the following ways:
(1) by posting the notice in the post office, public library, or
other buildings used by the general public in the designated
geographical areas;
(2) by posting the notice at or near the entrance of the
applicant's premises, if located near the facility or
activity that is the subject of the permit application."
Accordingly, we submit the enclosed public notice for posting in the City,
Town, or Village Hall.
We request that the notice be posted on the date referenced in the notice _
and that it remain posted for thirty days. Any questions concerning this
matter should be addressed to Regulatory Compliance Section, Division of
Water Quality.
SirKerely,
t�
Douglas A. Hall
Supervisor, Permits Unit
Regulatory Compliance Section
Division of Water Quality
DAH:jae
Enclosure
Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester
Equal Opportunity Employer • Printed on Recycled Paper
Permit No: MN 0054348
PUBLIC NOTICE
for the
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
AND STATE DISPOSAL SYSTEM (SDS) PERMIT PROGRAM
(Section 402, Clean Water Act, as amended, Minnesota Statutes Chapters 115 and
116, as amended, and Minnesota Rules Chapter 7001)
Draft NPDES and SDS Permit to Construct, Install, and Operate a Wastewater
Disposal System and to Discharge into,Waters of the State
Public Notice Issued On: April 25F 1991,
Last Day to Submit Comments: May 24, 1991
Name and Address of Applicant: Name and Location of Facility;
Washington County Department of Washington County Landfill #1
Public Health Jamaca Avenue North
14900 - 61st Street No. Lake Elmo, Minnesota
P.O. Box 6
Stillwater, Minnesota 55082
Receiving Waters: Eagle Point Lake
NOTICE:
The above named applicant has applied for modification of an existing NPDES/SDS
Permit to construct, install, and operate a wastewater disposal system and to
discharge into the designated receiving waters. The permit will be modified by
the Minnesota Pollution Control Agency (MPCA) for a term of approximately 3
years. Upon issuance, this modified permit will supersede the previously
issued NPDES/SDS Permit that has an expiration date of March 31, 1994.
The application, draft permit, and other documents are available for inspection
and may be copied any time between 9:30 a.m. and 3:30 p.m., Monday through
Friday. Copies of the public notice are available at the address shown on page
5. If you have any questions regarding the draft permit or would like to
receive a copy of the draft permit, please contact Peter Sandberg at (612)
296-7307.
On the basis of preliminary staff review and application of applicable
standards and regulations, the Commissioner of the Minnesota Pollution Control
Agency has made a preliminary determination that Permit No. MN 0054348 should
( be modified subject to certain effluent limitations and special' conditions.
-2pn- Date: April 25, 1991
Permit No: MN 0054348
Name and Address of Person Requesting Modification:
Doug Ryan, Environmenof UsePubDivic ision Manager
Washington county Department
14900 - 61st Street No., P.O. Box 6
Stillwater, Minnesota 55082
Requested Modification:
Increase permitted flow at outfall 010 from 150 gallons per minute to 190
gallons per minute. Substitute Phenol for Total_Phenols on list.of monitored
parameters.
Reasons for Requested Modification:
The increase in flow will increase the gradient
Tcontrol
capture
zone
nolnand
facilitate the overall ground water clean-up.change
parameter is in accordance with changes in state standards based on new
scientific data.
-3pn- Date: April 25, 1991
Permit No: MN 0054348
The Commissioner's determination that the permit should be issued is tentative.
Interested persons are invited to submit written comments upon the proposed
permit action. The comment period begins and ends as indicated on page one of
this Notice. Any comments received no later than the last day of the comment
period will be considered in the formulation of final determinations.
Any comments submitted are required by Minnesota Rules Part 7001.0110 to
include the following information:
1. A statement of the person's interest in the permit application or the
draft permit;
2. A statement of the action the person wishes the Agency to take,
including specific references to sections of the draft permit that
the person believes should be changed; and
3. The reasons supporting the person's position, stated with sufficient
specificity as to allow the Commissioner to investigate the merits of
the person's position.
During the comment period, any person may submit a request for a public
informational meeting or a contested case hearing on the proposed permit
action. A public informational meeting is an informal meeting which the Agency
may hold to help clarify and resolve issues. A contested case hearing is a
formal proceeding before a state,Administrative Law Judge.
Any request for a public informational meeting or a contested case hearing must
include the items 1 through 3 listed above and also a statement of the reasons
the person desires the Agency to hold a public informational meeting or
contested case hearing and the issues that the person would like the Agency to
address at the public informational meeting or contested case hearing.
In the absence of any requests for a public informational meeting or contested
case hearing, the final decision of the proposed permit action will be made by
the Commissioner under a delegation made by the Minnesota Pollution Control -
Agency Board. However, any person may request that this permit be considered
by the Agency Board prior to final permit action. Such requests must be made
in accordance with Minnesota Rules Part 7000.0500, Subp. 6.
A._
-4pn- Date: April 25, 1991
Permit No: MN 0054348
Comments or requests should be submitted in person or by mail within the
comment period to:
Industrial Section
Vater Quality Division
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, Minnesota 55155
The application/permit and public notice numbers should appear next to the
above address on the envelope and on each page of any submitted comments or
requests.
'--Please
`Please be advised that the public is entitled to participate in the activities
of both the Minnesota Pollution Control Agency Board and the Commissioner in
accordance with the provisions of Minnesota Rules pts. 7000.1500 and 7000.1600.
The permit will be reissued if the Agency determines that the proposed
permittee or permittees will, with respect to the facility or activity to be
permitted, comply or undertake a schedule of compliance to achieve compliance
with all applicable state and federal pollution control statutes and rules
administered by the Agency and the conditions of the permit, and that all
applicable requirements of Minnesota Statutes 116D and the rules promulgated
thereunder have been fulfilled.
Pursuant to the waiver provisions authorized by 40 CFR Part 123.24, this draft
permit is within the class, type and size for which the Regional Administrator,
U.S. Environmental Protection Agency, Region V, has waived his right to review,
object or comment on this proposed permit action.
Please bring the foregoing to the attention of persons whom you know.would be
interested in this matter.
eloplez G C.010'r. c.
CITY OF P � S/9/9/
LAKE
ELMO Cott' of Lake Elmo 777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
May 8, 1991
Industrial Section
Water Quality Division
Minnesota Pollution Control Agency
520 Lafayette Road
St. Paul, MN 55155
Re: Draft Modified NPDES/SDS Permit #MN 0054348 Washington County
Landfill #1 Lake Elmo, Minnesota
To Whom It May Concern:
Please be advised that the City of Lake Elmo opposes the modification
of NPDES/SDS Permit ON 0054348 for the following reasons:
1. The proposed increase of flow, from 150 gpm to 190 gpm will
increase the potential for contamination of surface waters
within the City of Lake Elmo.
2. The increased flow may interfere with the proper drainage of
water from upstream sources in the Valley Branch Watershed
District.
3. The substitution of Phenol for Total Phenols on the list of
monitored parameters is less restrictive and also increases
the potential for contamination of Lake Elmo surface waters
with toxic Phenol compounds.
The City of Lake Elmo asks that you carefully consider these concerns
in your review of the requested modification, and that your agency
deny this request.
Sincerely,
ZQ,cc� �uv
Mary Kueffner
City Administrator
cc: Mayor & City Council
Metropolitan Council
Washington County Dept. of Public Health
's— F� � (TI /04
PROPOSED "ECONOMIC DEVELOPEMENT BOARD"
PURPOSE: TO SERVE AS A STEERING COMMITTEE TO ANALYZE (OR HAVE ANALYZED)
THE CURRENT ECONOMIC CLIMATE AND DEVELOP* AGENDA FOR FUTURE ECONOMIC
DEVELOPEMENT. THIS MUST BE CONSISTENT WITH THE LARGER GOAL OF PROVIDING A
BALANCED AND RELIABLE REVENUE BASE WHILE MAINTAINING A 'RURAL' RESIDENTIAL
CHARACTER TO THE CITY.
TO CONSIST OF: SIX (6) BUSINESS/BANKING PROFESSIONALS
AT LEAST ONE (1) MEMBER OF BANKING COMMUNITY
AT LEAST TWO (2) MEMBERS OF EXISTING BUSINESS COMMUNITY
AT LEAST ONE (1) MEMBER W/DEVELOPEMENT EXPERIENCE
THREE(w) NON -BUSINESS ORIENTED "COMMUNITY" REPRESENTATIVES.
TO BE APPOINTED BY THE MAYOR AND APPROVED BY THE CITY COUNCIL.
SCOPE OF ACTIVITIES:
TO DISCUSS AND REVIEW CURRENT ECONOMIC CLIMATE AND OUTLOOK FOR FUTURE
GROWTH AND DEVELOPEMENT IN THE CITY OF LAKE ELMO. TO DEVELOPE AN AGENDA
ARID MEANS (I.E. INSURE APPROPRIATE PEOPLE AND SKILLS ARE BROUGHT TO BEAR
TO SECURE A RELIABLE REPORT) TO ACCOMPLISHING THE FOLLOWING:
1) DETERMIN CURRENT BUSINESS CLIMATE
A, IDENTIFY AND SURVEY CURRENT BUSINESS PERSONS AND LAND OWNERS
WITH ECONOMIC DEVELOPEMENT INTERESTS OTHER THAN RESIDENTIAL DEVELOPEMENT.
B. DEVELOPE RELIABLE INDICATORS OF CURRENT BUSINESS CLIMATE IN
THE REGION, EAST METRO AREA, AND LAKE ELMO.
O, CONSIDER ASSISTANCE/POSTURE THAT THE CITY CAN TAKE TO IMPROVE
OR STABALIZE THE CONDITION OF EXISTING BUSINESSES.
aRISKS AND REWARDS OF DEVELOPEMENT.
D. ISSUE A REPORT BY JULY 15.
2) DETERMIN FUTURE ECONOMIC GROWTH AND DEVELOPEMENT
A. SURVEY ALL POTENTIAL LAND AREAS WITH NATURAL OR MAN-MADE
POTENTIAL (EXISTING OR THAT CAN BE ADAPTED) FOR NON -OBTRUSIVE ECONOMIC
DEVELOPEMENT.
% DETERMIN BUSINESS AND COMMUNITY SENTIMENT WITH REGARD TO
COMMERCIAL/INDUSTRIAL DEVELOPEMENT AND EXPECTATIONS FROM SAME.
C. DETERMIN RISKS AND REWARDS OF ECONOMIC DEVELOPEMENT.
1. SUGGEST INFRASTRUCTURE IMPROVEMENTS IF REQUIRED BY
LOCATION AND METHODS OF PROVIDING SAME.
2. SUGGEST POTENTIAL OF INTRUSION INTO EXISTING OR
POTENTIAL RESIDENTIAL AREAS AND IF PRACTACABLE AMELIORATION IS FEASIBLE.-
D. ISSUE A REPORT BY OCTOBER 1.
TO: Lake Elmo Mayor, City Council, Staff and Planning Commission
( ?ROM: Councilman Todd Williams
SUBJECT: Proposed Economic Development Board
Now that I have had a chance to consider some of the ramifications of
empowering the proposed Economic Development Board, I have several
concerns which need to be satisfied and questions which need to be
answered before I will support it. These are all legitimate concerns and
questions which should be resolved for protection of the best interests
of Lake Elmo.
very likely others of you may have questions which should also be answered
before we proceed in any particular direction. It seems highly unlikely
that any one person, be it any of us, can think of all the pros and
cons of a proposal such as the Economic Development Board. I encourage
all of us to examine this proposal critically and to suggest possible
refinements. I hope we can all maintain open minds as we struggle to come
to some consensus.
A. The proposal as submitted implies that the "business/banking
professionals" are somehow "experts" whose opinion should be taken as
gospel. However, while they may have valuable insights into the local
business climate, I question how they can be considered "experts" in the
area of overall community planning. If the Council buys into this Board
the idea that the appointees are "experts", then the Council might have a
difficult time justifying not following their recommendations, no matter
what these recommendations might be. I am not in favor of the Council's
putting itself in that position. Rather, the "business/banking
professionals" should be considered as representing one of the many
"special interest groups" (in the literal sense), with a relatively narrow
focus. Their advice should be valued and given the same credence as the
advice of any other "special interest group": no more or less.
The Council alone has the job of integrating and balancing all the wishes
of the various groups in the City for the overall good. If this Board is
established, it should be structured as being advisory only, with no
decision -making power and no spending authority. All such authority must
remain in the hands of the duly -elected City Council.
B. The primary, expressed rationale for this development board, and for
more commercial development in general, is the fear that Lake Elmo's tax
rate will rise too high, and so we need more tax base to avoid higher
taxes in the future. I have a difficult time accepting this rationale at
this time for the following reasons:
1. Lake Elmo's City tax rate is now and has been for at least the last ten
years well below that of cities like Oakdale, Woodbury and Stillwater,
which have far larger "tax bases" than Lake Elmo. Therefore, merely
having a larger tax base is no guarantee of lower taxes. And, there should
be no concern about our current tax rate.
2..It is possible that the overall share of Lake Elmo's budget which is
covered by the local tax levy will increase in the next couple of years
because of State tax policies. However, it is not at all clear that Lake
Elmo's overall tax rate will climb above those of those same sister
cities. According to news reports ALL cities will see an increase in their
local tax rates. It is not possible at this time for anyone to calculate
exactly how mtch.any one city's rate will have to go up: there are too
many uncertainties in just what those State tax policies will be. If our
tax rate stays below the rates of those other cities, I will be satisfied
to pay somewhat more than I do now, in order to keep the quiet, rural
lifestyle that I cherish. We should remember that EVERY candidate in at
least the last two elections promised to preserve that rural lifestyle.
3. As I have stated before, tax revenue is only one side of a two-sided
equation or balance beam. The other side is expenses. if the expenses are
kept low, then the tax rate can stay low even with a relatively small tax
base. Lake Elmo has historically had relatively low expenses per capita,
perhaps indicating a relatively low level of services. One might claim
that the level of services is too low, but where are the masses of voters
crying out for more services? Except for calls for more police to catch
speeders, there have been no such cries. Lake Elmo residents are
anoarently happy with the current level of services. Perhaps even some
service cuts are possible. Therefore, there should be at least an equal,
if not greater, effort toward reducing or controlling expenses as there is
toward increasing revenues. Please refer to my draft proposal for a "Cost
control Board".
4. The "slow growth" policies, which Lake Elmo and Afton, for example,
have followed over the last decade, are at least as valid a way to keep
City tax rates low as are the "fast growth" policies followed by Oakdale,
Woodbury and Stillwater over the same period of time. One needs only to
look at the figures to see that this statement is true. On the other hand,
the "strong growth" policies followed by some cities, like Eagan, have
resulted in that city's tax rate also being lower than those of Oakdale,
Woodbury and Stillwater. Therefore, there is no one "right way" to develop
a city and keep tax rates low. What makes a difference is the overall
atmosphere or quality of life desired. Lake Elmo has pursued a more rural
atmosphere, with relatively low development density, and has kept its tax
rate down. Eagan has pursued a more urban atmosphere, with relatively high
development density, and has kept its tax rate down. BOTH DEVELOPMENT
STRATEGIES AREyALID± I challenge anyone to prove this statement is false.
It appears that the REAL question before us is, "Will Lake Elmo continue
its historical "slow growth" policies with a rural atmosphere, or will it
fundamentally change its growth policy and atmosphere?" The development
board as presented by Mayor Johnson has only one.stated objective:
increase the amount of tax revenues to Lake Elmo by increased
non-residential development. This has been the traditional cry of
municipal officials over the years. However, it appears to be historically
shortsighted, and it appears to ignore the realities of today and the
uncertainties of the future. As a group of intelligent people we should
learn from the past and be wary of the future before we commit our City to
a course which might lead to increased tax revenues but also higher
expenses and overall higher, not lower, tax rates.
The Mayor's proposal is perhaps a starting point to get us thinking about
how Lake Elmo should be allowed to develop in the face of future changes
in State tax policy. However, before the proposal gets the support of this
Council, the above concerns and questions, as well as others which might f
come up, should be resolved in a rational, objective manner.
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 vour
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
MAY 7, 1991
7:00 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: April 16, 1991
3. CLAIMS
7.15 p.m. 4. PUBLIC INQUIRIES
5. REAPP REPORT
A. DPRA, Geraghty & Miller Contract Adjustment
7:20
p.m.
6.
APAC Ordinance
7:45
p.m.
7.
Auditor's Report:
Rob Tautges
8:15
p.m.
8.
PLANNING/LAND USE
& ZONING:
A. Park Dedication Ordinance
B. Fox Fire Manor Preliminary Pt -,It (Continuation)
C. Rezoning From RR to AG: Neil & Deb Krueger
4452 Lake Elmo Avenue
D.
Preliminary
Plat:
John
Day Farm Addition
E.
Street name
change:
3rd
Street Place, "The Forest"
F. NPDES Permit Modification
G. Tax Abatement Request
H. Other
(Over)
9:30 p.m. 9. Fire Department Annual Report: Chief Sachs
10. CITY COUNCIL REPORTS:
A. Mayor Johnson: Economic & Development Committee
B. Councilman Mottaz: DeMontreville Park Signs
C. Councilmen Hunt & Mottaz:
Legion Avenue Improvement
D. Councilman Johnson: Appointments to
Maintenance Advisory Committee
E. Councilman Williams: Resolution on Wetland
Protection Bill; Discussion on Cost Control
Board Proposal
F. Other
11. CITY ADMINISTRATOR'S REPORT:
A. Resignation of Planning Commission Member
B. LMC Accident Coverage for Volunteers
C. 1991 Recycling Contract with Washington County
D. Update on Hammes Property Clean-up
E. Other
12. CITY ATTORNEY'S REPORT:
A. Resolution No. 91-13, A Resolution relating to
hazardous building at 8126 Hill Trail N.
B. Other
13. ADJOURN regular meetinq
EXECUTIVE SESSION:
1. Section 32 (1st petition) decision from Appelate Court
2. Sovereign vs. City of Lake Elmo, Susan Dunn & Lee Hunt
3. Adjourn