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Home My WebLink About03-17-92 CCM11114UTES APPROVED: 4-6-92 MINUTES ISSUED: 416-92 LAKE ELMO CITY COUNCIL MEETING MINUTES MARCH 17, 1992 Mayor Johnson called the City Council meeting to order at 7:04 p.m. in the City Council chambers. Present: Mayor Johnson, Hunt, Mottaz, Williams, City Attorney Filla and Administrator Kueffner. Absent: Councilman Johnson. 1. AGENDA Add: 4A. Update on Cottage Grove Ravine Watershed by Rose Armstrong. M/S/P Hunt/Williams - to approve the March 17, 1992 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: March 2, 1992 M/S/P Hunt/Williams - to approve the March 2, 1992 City Council minutes as amended. (Motion carried 4-0). MINUTES: February 27, 1992 Councilmen Hunt and Williams questioned the need of an emergency meeting when no action was intended. Williams objected to Item 5 (1-4) in the minutes because these items were not discussed while he was there. Mayor Johnson explained he will take the position of calling a special meeting anytime he recognizes there is going to be a quorum of the council present whether by invitation of a third party or if the council calls the meeting themselves. M/S/P Mottaz/Williams - to approve the February 27, 1992 emergency meeting minutes with the exception of Item 5.(1-4) (Motion carried 4-0). 3. CLAIMS M/S/P Williams/Hunt - to approve the March 17, 1992 claims #95937 thru #96002 as presented. (Motion carried 4-0). M/S/P Hunt/Williams - to postpone discussion on the Cottage Grove Ravine Watershed until Rose Armstrong arrives. (Motion carried 4-0). 4. OLD BUSINESS LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 A. Cottage Grove Ravine Watershed District Amended Joint Powers Agreement Rose Armstrong, CGRW member, provided the Council with a copy of the amended joint powers agreement to protect and manage the Cottage Grove Ravine Watershed District. Armstrong pointed out changes which were made by Attorney Lammers for B. Johnson of Woodbury and submitted after the CGRW meeting. The Council was asked to review the joint powers agreement and call Rose Armstrong with any questions. PLANNING/LAND USE & ZONING: A. UPDATE: Comprehensive Plan Amendment (MUSA Extension) Councilman Williams indicated he supported the MUSA, however, he felt it was time the City of Lake Elmo stopped footing the bill by itself and start involving the property owners along I-94. Finance Director, Marilyn Banister, provided professional costs for the MUSA Extension to -date (3/17/92) Tautges, Redpath - Audit Services $ 4,978.00 Mike Black - Planner 7,652.00 TKDA - Engineer 7,125.80 Total Professional Services to Date for MUSA $19,755.80 Councilman Williams offered the following motion: M/S/P Williams/Mottaz - to direct the City staff to contact all the owners of property within the proposed MUSA extension. These property owners should be given a brief status report of the MUSA extension application, including brief summary of the key points of the Metro Council staff report. These property owners should be informed that, in view of the City's substantial expenditures to date and the limited resources available to the City, the City of Lake Elmo does not feel it can afford to pursue this application until the property owners contribute to the effort. The property owners should be asked about their willingness to participate both with cash contributions and with their own personal lobbying efforts at the Metro Council and MWCC level. These property owners should be told that the City of Lake Elmo is not making any guarantees whatsoever as to the outcome of this effort, and that all positions of the City of Lake Elmo on any issue shall be determined by the Lake Elmo City Council. The City Administrator is directed to meet with interested property owners and report back to the Council as soon as practical. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 3 ( I further move that the Lake Elmo City Administrator be directed to meet with the staff of Oakdale and Woodbury to determine if there is any basis for agreement between Lake Elmo and either of those two Cities so that Lake Elmo may receive capacity in the WONE interceptor. The results of such meetings shall be reported to the Lake Elmo City Council as soon as practical. (Motion carried 3-1: Mayor Johnson was opposed to the second paragraph of the motion.) The City Administrator polled each Council member regarding asking the Met Council for an extension to our Comp Plan Amendment (MUSA extension) so that the item would be removed from the Met Council's Community Development Committee's Monday, March 16th agenda. This was done so that the Council would have ample time to read and analyze the Met Council's staff report dated March 3, 1992 relative to this request. M/S/P Hunt/Williams - to direct the City Administrator to ask the Metropolitan Council to extend its review of the Lake Elmo Comprehensive Plan Amendment (MUSA extension) until April 30, 1992 so that the city council and city staff can analyze and respond to the Metropolitan Council's memo dated March 4, 1992. (Motion carried 4-0). B. Trans -City Investment - Request for on -site watchman i Kurt Lange, Administrator for Trans -City Investment, informed the Council that in the past eight months Trans - City has experienced much vandalism and destruction during the night time hours. Lange feared for the safety of his family and the tenants renting warehouse space and voiced his concern on the protection he has received from the Washington County Sheriff's Dept. Lange pointed out disparities in the Washington County Sheriff's complaint reports which were submitted to the Council. Trans -City is requesting the city to allow them to have a night watchman live on the premises in an efficient type apartment which has been part of the structure for years. Mr. Lange had informed Jim McNamara, the City's Code Enforcement Officer, that a person employed as a night watchman has been living on the property since the first of February. Mr. Lange lives with his family in a nearby house which is on the same parcel of land. Only one residence is allowed on the property which would make Trans -City Investment in violation of their C.U.P.. The Council assured Mr. Lange that they would take whatever steps are necessary to correct this problem in a most expeditious fashion. one council member indicated he was not ( willing to have anyone live there, but felt a better option would be to hire a guard. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 4 The City Attorney could not determine at this time if Mr. Lange's request could be accommodated by a variance request or an amendment to the CUP. The City Attorney would research what is required and come back to the Council with options for correcting this problem and determine if permitting someone to live on this property is a violation of the C.U.P.. M/S/P Mayor Johnson/Mottaz - to send a letter to Trans -City Investment stating at this time the Council is interpreting a violation to the CUP exists and be given a 60-day notice with pending resolution being investigated by the city attorney's earliest possible convenience. (Motion carried 4-0). C. Conditional Use Permits Councilman Mottaz requested council consideration on a proposed motion amending section of our existing code in that it would require a 4/5 majority vote to approve or amend a conditional use permit. M/S/P Mottaz/Mayor Johnson - to direct the staff to prepare an ordinance amending section 301.060D. which will include the requirement that a 4/5 majority vote is needed for all new or amended conditional use permits, and that the Planning Commission call a public hearing to consider said ordinance at their April 13th or 27th meeting. The staff is further directed to notify all existing conditional use permit holders of this proposed ordinance. (Motion carried 4-0). D. Conditional Use Permit to allow recycling in Agricultural Zoning District At the last council meeting, Mayor Johnson proposed looking into allowing limited recycling in the Ag zoning district and stated he would have a draft proposal at this meeting for council consideration. Mayor Johnson proposed this consideration be reviewed by the PZ because he felt that in granting a special use permit outside of our zoning ordinances the city should gain some benefit. The property owner that is requesting a CUP must be able to demonstrate such property can be economically reconverted to the underlying use. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 5 M/S/P Mayor Johnson/Mottaz - to direct the Solid Waste ( Advisory Committee and then the Planning Commission to investigate the possibility of allowing a transfer station as a conditional use in the city and if such use should be allowed, determine in what zones and subject to what conditions and; furthermore, check definitions of current uses in the code because this type of operation may already be included under a definition that is in the code. (Motion carried 4-0). The entire Council agreed on not being in favor of adding any uses or any modifications to a CUP that was in violation and there would only be consideration when the CUP was brought into compliance. E. Cluster Development Questions/Comprehensive Plan The City received a letter from Richard Thompson, Met Council, indicating from the Met Council's viewpoint the plan of record for Lake Elmo is the 1990 plan. Any previous plan or amendment would have been rescinded with adoption of that plan by the City. Mayor Johnson and Councilman Mottaz suggested the city request a third opinion from an Administrative Law Judge. Mayor Johnson noted the PZ is stating that clustering is not provided in the 1990 Comp Plan. Mayor Johnson and Councilman Mottaz consider the 1990 Comprehensive Plan an amendment and clustering was provided for in the 1983 comp plan as amended. They agreed to vote for Resolution No. 91- 41 only if the word "supersede" was eliminated and the purpose of this resolution was to amend the 1983 comp plan. Attorney Filla: This issue should be resolved before the next development application is submitted and this issue can be raised. If two members of the council think that the city's development regulations of the comp plan ought to have some standards on cluster development, then ask the PZ to take a look at the cluster regulations in the 1979 plan and see if it is possible to incorporate those in the current plan. M/S/P Hunt/Mayor Johnson - to direct the staff to prepare an estimate of cost for having this dispute presented to an Administrative Law Judge, and this information will be presented at the next council meeting. (Motion carried 4- 0). If there is a concern on the council that the current plan does or should include some policies on cluster development, Filla suggested requesting the PZ to take a look at those similar provisions in the 1979 plan and see what would be necessary to incorporate those concepts in the current version. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 6 If the current comp plan does not recognize cluster ( development as a form of development for the City and we have current zoning regulations that have cluster development standards, then the City may have to eliminate the standards. The City should end up with a comp plan and zoning ordinances that are consistent. At their March 9th meeting, the PZ asked the City Council to provide them with (5) items of clarification in order to proceed with Council's directive of discussing cluster development. The Council decided that each individual council member will appear at the next meeting to comment on the five (5) items or submit written comments to the PZ by that meeting. M/S/P Mottaz/Hunt - to come to the next meeting prepared to give specific direction on cluster development by answering the 5 items of clarification of the PZ. (Motion carried 4- 0). Planning Commission member, Rita Conlin, pointed out that at the March 9th meeting, in the opinion of the PZ several directives from the Council have not been clear. Therefore, the PZ requested the Council institute a policy to provide the following to the planning commission when directing them to initiate or amend ordinances and zoning: 1. Give rationale for the purpose of providing insight into the direction. 2. Define the scope of the work that is to be provided by the PZ. 3. Give a projected timeline. 4. All this shall be given to the Planning Commission by a clearly defined written motion in the City Council minutes. 6. CITY ENGINEER'S REPORT: No Report 7. CITY ATTORNEY'S REPORT: A. Comprehensive Plan - Discussed under Item 5E. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 7 B. Rogers vs. City of Lake Elmo Attorney Filla reported this lawsuit has been put back on the calendar in Ramsey County and the proposed trial date will be November of 1992. In terms to this timeframe, the City can try to pursue a resolution other than a court solution. This would have to involve the land corridor from a planning standpoint from the Intersection of 5 and Stillwater Blvd. west. This may mean new regulations, a new zoning district name, some input from MnDOT in terms of access and frontage road. The question raised is "When the City went from Industrial to RR, did you leave the property owner with a reasonable use of his land". RR is 1 per 10 and he has 17 acres. There was consensus on the Council they would be open to allowing more intensive use than one per ten and would consider some limited number of commercial uses. There was discussion on which uses permitted under the Limited Business zoning district would be appropriate for this parcel or should they establish a special zoning district. M/S/P Hunt/Mottaz - to direct the staff to work up a history file on the Rogers case which will include all the reasonable efforts and discussion of planning of that area for the April 6th council meeting and place this item of planning discussion for the area from Intersection of Hwy 5 to Stillwater Blvd, to Inwood Avenue under Planning/Land Use and Zoning at the following April 21st council meeting. (Motion carried 4-0). C. Derrick Land The City received a letter from Larry Bohrer, TKDA, advising us that acceptable plans dated March 16, 1992 prepared by Barr Engineering Co. for Derrick Land Company, Lots 2-4 Block 2, DeMontreville Highlands 3rd Addition, have been reviewed and approved by him. This completes the plan approval requirements of the stipulation agreement entered into by the City and Derrick. Attorney Filla has approved this plan extension from November 30, 1991 to April 1st, 1992 and the property owner should be allowed to proceed to install the drain tile system for Lots 2,3, and 4, and a series of tests will be done sometime the first part of May. M/S/P Hunt/Mottaz - to extend the deadline from November 30, 1991 to April 1st, 1992 for Derrick Land Company to install, at its cost, a drain tile system for Lots 2, 3 and 4, Block 2 DeMontreville Highlands Third Addition, according to plans and specifications dated March 16, 1992 approved by the City's Consulting Engineer. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1992 CITY COUNCIL REPORTS: - No Reports CITY ADMINISTRATOR'S REPORT: A. Charitable Gambling One -Day License The City Council had no objections to the request from the Minnesota Special Olympics for a one -day charitable gambling license for their fund raiser at Tartan Park on May 11, 1992. B. Clean Up Day The City will hold its annual Clean-up day on Saturday, May 16, 1992. C. Redistricting Update Administrator Kueffner provided a memo received from our County Auditor concerning redistricting. The Supreme Court stayed the Federal Court Order on legislative redistricting, meaning that the DFL proposed plan is the plan and will not have a change in State Legislative districts in the City. The Federal Court's Congressional Plan will be implemented which means that both precincts in Lake Elmo would be split by two congressional districts. Precinct I (south of Highway 5) will be in the 4th District with the exception of that portion lying Northwest of CSAH 6 (Stillwater Blvd) up to Highway 5. The line will then meander across Highway 5 up thru the northwest quadrant of the city and split Precinct II. The County has advised the City that the company that offers the support for the punch card voting system will not sign a contract for support of the system beyond the 1992 election. The City Administrator strongly urged the city implement the optical scan system in both precincts for about $15,000 for the 1992 State Primary and General Election. Since there wasn't any money in the budget for this purchase, a question was raised if we could use the $10,000 in the drainage plan fund if the city adopts the VBWD drainage plan as our city plan. More information will be submitted to the Council at a later date. M/S/P Mottaz/Hunt - to adjourn the City Council meeting at 10:15 p.m. (Motion carried 4-0). CLAIMS TO BE APPROVED AT MARCH 17, 1992 LAKE E1210 COUNCIL MEETING (all claims are within budget unless otherwise noted) 95937 Postmaster - postage meter $ 400,00 95938 Tawny Olinger - Brothers computer for Maint.Dept. 250,87 95939 thru 95941 Park Shelter workers (last pay check) 374.00 95942 Office Cleaning 21.25 95943 Thompson Hardware - Office Bldg. Maint. $ 61,21 Park Supplies 6,93 68.14 95944 Hagberg's - Office Bldg. Maint. Parks Bldg. Maint. 8.18 43.31 95945 Four Seasons Services - Office Expense 11.20 95946 American Linen - Office Bldg, Maint, 37.70 95947 Bellaire Sanitation - Office dumpster 65.91 95948 General Office Products - Office supplies 226.32 95949 P.C. Express - Archive tapes and card for computer 255,00 95950 Press Publications - legal publications 23.42 95951 Washington County - copy of 1992 tax roll 119,45 95952 Peterson, Fram & Bergman - General Legal fees 2,789.12 95953 Carl A. Blondin - March legal retainer 900.00 95954 TKDA - General Engineering $ 1,884.21 Pass Thru 557<83 MSA 126.07 SW-1 Water 1,257.79 3,825.90 95955 City of North St. Paul - animal contro vehicle 165.00 95956 St. Croix Animal Shelter - Feb. impounding 38.00 95957 TMT - Feb. recycling 3,174.30 95958 Clarey's Safety Equip. - Fire Dept. supplies 137.75 95959 Richard Sachs - Fire Dept. Lakewood Seminar (2 men) 20.00 95960 Stillwater Truck & Track - Fire Dept parts & repair 188.40 95961 Cellular One - Fire Dept, mobile phones 14.78 95962 All Fire Test Inc. - Fire Dept. supplies 19.00 95963 Fire Instructors Assn. - Fire Dept. training 46.64 95964 Aspen Mills - Fire Dept. Medic pants 876.60 95965 Roseville Radio - Fire Dept. radio service 51.50 95966 Lake Elmo Oil - Bldg. Insp, $ 100.09 Maint. Dept. 1,484.18 Fire Dept. 194.72 Parks 7.90 1,786.89 95967 Dispatch Communications - Maint. Dent. radio service 369.62 95968 Northern Gases - Maint. Dept. supplies 35.86 95969 T.A. Schifsky - Maint. Dept. street supplies (MC winter) 147.30 95970 Lees Auto Supply - Maint. Dept. parts & repair 21.22 95971 Garelick Steel Co. - Maint. Dept. supplies 50.40 95972 Carlson Equip. Co. - Maint. Dept. street supplies 13.85 95973 Glenwood Inglewood - Maint. Dent, water 12.60 95974 Gopher State One -Call - Maint. Dept. supplies 5.00 95975 Junker Sanitation - Maint. Dept. dumpster 63.90 (over) MARCH 17th CLAIMS (continued) 95976 Astleford International - Maint. Dept. parts & repair 95977 Cleveland Cotton Products - Maint. Dept. supplies 95978 Region Truck Equipment - Maint. Dept, supplies 95979 Northern Hydraulics - Maint. Dept, parts & repair 95980 Menards - Maint. Dept. Bldg Maint. $ 46.37 Compost Bldgs 580.31 Parks Dept. - Bldg. Maint. 123.44 Fire Dept. - Bldg. Maint. 11.36 95981 Lake Elmo Laser Engraving - Parks Dept. plaque 95982 Elmo's Lumber & Plywood - Fire Dept, 36.15 Parks Dept, 36.96 95983 Raco Oil & Grease - Maint. Dept. 32.63 Parks Dept. 372.01 95984 On Site Sanitation - Sunfish Park sateltte' s 95985 Gov.Training Service - Parks Dept, workshop 95986 Affordable Office Furniture - Parks Dept. table 95987 American Waterworks Assn. - Water Fund dues 95988 City of Oakdale - February Water 95989 thru 96002 March 20th payroll Total $ 6.50 237.51 40.10 18.96 761.48 18.00 73.11 424.64 60.00 15.00 73.00 30.00 577.03 10,728.20 $ 29,713.73 March 4, 1992 MEMO to: Mayor & Council From: Marilyn 9�w+ Per your request the following is a listing of the NSP bills for the Parks Department. They all.are consistent with prior years with the exception of the addition of the old office as a Parks building. Location Jan.'92 Feb.'92 Lion's Park Shelter - Electric $ 364.84 $ 257.75 Lion's Ballfield - Electric 249.14 156.24 Pebble Park - Electric 6.99 6.99 Old Office - Gas 230.68 183.25 Electric 18.21 77.70 Total Parks NSP $ 869.86 $ 681.93 0 PETERSON, PRAM & BERGMAN PROFESSIONAL Aseoo ATION 360 MIDWEST FEDERAL BUILDING 60 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE AREA CODE 612 wi-8955 FAX 228-1753 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 55042 Valley Branch Watershed District Page: 1 02/29/92 ACCOUNT NO: 11135—SIO007M STATEMENT NO: 1 HOURS 02/27/92 JPF Review enabling legislation and corr. adm. re: same. .70 63.00 Jerome P. Filla .70 E3_010 FOR CURRENT SERVICES RENDERED 0.70 63.0�, TOTAL CURRENT WORK 63.00 BALANCE DUE $63.00 0 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PETERSON, FRAM & BERGMAN PROFESSIONAL ASSOCIATION 300 MIDWEST FEDERAL BUILDING 50 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE AREA CODE 512 281.8955 FAX 228-1753 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 35042 Dayton Development Trail Easements Page: 1 02/29/92 ACCOUNT NO: 11135-910009M STATEMENT NOa 3 02/27/92 JPF Telephone conference with atty. West re: Trail easements section 27, 28. Jerome P. Filla I 1-- FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. HOURS .40 36.00 .40 36. 00 0.40 36.00 36. 00 $36. 00 PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PETERSON, FRAM & BERGMAN PFOFESSIONAL AssoomTioN 300 MIDWEST FEDERAL BUILDWO 50 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE AREA CODE 812 281-8855 FAX 228-1753 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 55042 Cottage Grove Ravine Watershed Page: 1 02/29/92 ACCOUNT NO: 11135-910010M STATEMENT NO: 1 HOURS 02/20/92 JPF Review proposed W.M.O. Joint powers agreement and tele conf. R. Armstrong re: same. .80 72.00 02/27/92 JPF Review enabling legis. and corr. to adm. re: same. .70 63.~ Jerome P. Filla 1.50 135.00 FOR CURRENT SERVICES RENDERED 1.50 135.00 TOTAL CURRENT WORK 135.00 BALANCE DUE $135.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVFD AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT MONTH'S STATEMENT. PETERSON, FRAM & BERGMAN PROFESSIONAL ASSOCIATION 900 MIDWEST FEDERAL BUILDING 60 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE AREA CODE 612 291-6066 FAX 228-1763 Page: 1 City of Lake Elmo 02/29/92 3800 Laverne Avenue North ACCOUNT NO: 11135-920001M Lake Elmo MN 55042 STATEMENT NO: 2 Administration 02/04/92 JPF Attend council meeting. JPF Review council agenda; tele. adm. re: same. { 02/10/92 JPF Review Oakdale, Elmo, Wash. Cty, Ramsey Cty water, agreements. JPF Telephone conference with Administrator re: Hammes ppty, and Oakdale water agreement; corr. Adm. re: Hammes site. 02/11/92 JPF Telephone conference with Adm. re: status MUSA extension; Elmo —Oakdale County water agreements. 02/14/92 JPF Telephone conference with Adm, re: surface water utility regs. JPF Telephone conference with.Adm. re: Sunfish Lake Park acquisition. 02/17/92 JPF Review M. Black memo 2/13/92; tele. Mike re: same; corr. Adm. re: review procedures. JPF Review codification proposal, revisions and applicant; corr. adm. re: same. THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AF"rER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT. PETERSON, FRAM & BERGMAN PROFESSIONAL AssocIATION 300 MIDWEST FEDERAL BUILDING 50 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE AREA CODE 612 2 1-6866 FAX 228-1753 City of Lake Elmo Administration JPF Update code with ordinances. Page: 2 02/29/92 ACCOUNT NO: 11135-9221001M STATEMENT NO: 2 02/18/92 JPF Telephone conference with Adm. re: council agenda items. JPF Prepare for and attend council meeting. 02/24/92 JPF Telephone conference with Adm. re: Oakdale —Elmo water service agreement; re: Cottage Grove Ravine Watershed agreements. 02/26/92 JPF Telephone conference with Adm. re: mobile home park conversion regs; open meeting regs; cardozo claim. 02/27/92 JPF Review open meeting regs; corr. Adm. re: same; rev. city and state regs. Mfg. Hm Parks re: maintenance of walkways, JPF Telephone conference with Adminstrator re: recode status; Cimmaron Park informational meeting; flood plain ordinance. Jerome P. Filla FOR CURRENT SERVICES RENDERED Photo copies TOTAL CURRENT WORK BALANCE_ DUE THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. 1485.00 1485.00 1485. 00 $11 485. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH STATEMENT. PETERSON, FRAM & BERGMAN PROFESSIONAL ASSOCIATION 300 MIDWEST FEDERAL BUILDING 50 EAST FIFTH STREET SAINT PAUL, MINNESOTA 85101 TELEPHONE AREA CODE 612 291-8956 FAX 22B.1763 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN J. Rogers vs. Lake Elmo page: 1 02/29/92 ACCOUNT NO2 11155-900006M STATEMENT NO: 10 HOURS 02/14/92 JFIF Telephone conference with Atty. C9olenback re: status. .10 9.00 02/17/92 JFIF Telephone conference with Atty. Radio re: status and settlement possibilities; rev. pleadings and discovery. 1.20 108.00 Jerome P. Filla 1.30 117.00 FOR CURRENT SERVICES RENDERED 1.30 117.00 TOTAL CURRENT WORK 117.00 . BALANCE DUE $117.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PETERSON, FRAM & BERGMAN PROFESSIONAL ASSOCIATION 300 MIDWEST FEDERAL BUILDING 50 EAST FIFTH STREET SAINT PAUL, MINNESOTA 58101 TELEPHONE AREA CODE 612 291-8985 FAX 228-1753 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 55042 Jamie Olson vs. Lake Elmo Page: 1 0c/I='9/92 ACCOUNT NO: 11155-900008M STATEMENT NO: 15 HOURS 02/07/92 JPF Complete research, prep. appl. ct. brief re: rev. of costs and disbursements; tele. printer; file and serve brief; tele. appl. et re: consolidation of appeals. 3.10 Jerome P. Filla 02/05/92 JMIYI Legal research re: recovery of atty fees. 02/07/92 JMM Legal research re: recovery of witness fees. John Michael Miller FOR CURRENT SERVICES RENDERED Local Fax Charge TOTAL EXPENSES THRU 02/29/92 02/10/92 Metro Legal Services, Inc. IZ12/13/92 Metro Legal Services, Inc. 02/21/92 Brief Printing & Binding Olson vs. City of Lake Elmo THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. 5.10 1.00 459.00 459. 0.6 85.00 21.25 106.25 565. 25 7.00 7.00 21.00 31.00 202.87 y PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PETERSON, FRAM & BERGMAN PROFESSIONAL ASSOCIATION 300 MIDWEST FEDERAL BUILDING 50 EAST FIFTH STREET SAINT PAUL, MINNESOTA 66101 TELEPHONE AREA CODE 612 291-8956 FAX 228.1763 City of Lake Elmo Jamie Olson vs. Lake Elmo TOTAL ADVANCES TOTAL CURRENT WORN. BALANCE DUE page: 2 02/29/92 ACCOUNT NO: 11155-900008M STATEMENT NO: 15 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH, 254.27 827.12 PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PETERSON, FRAM & BERGMAN PROFESSIONAL ASSOCIATION 300 MIDWEST FEDERAL BUILDING 50 EAST FIFTH STREET SAINT PAUL, MINNESOTA 215101 TELEPHONE AREA CODE 612 281-6065 FAX 228-1753 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 55042 Hanson vs. Lake Elmo Page: 1 02/29/92 ACCOUNT NO: 11155-900011M STATEMENT NO: 15 HOURS 02/03/92 JPF Prepare response to interrogatories and demand for documents. .60 54.00 02/04/92 JPF Letter to administrator re: city records and / discovery requests. .40 36,t�e: 02/24/92 JPF Telephone conference with Atty. Gleekel re: depo; corr. Atty. Gleekel re: discovery. .40 36.00 Jerome P. Filla 1.40 126.00 FOR CURRENT SERVICES RENDERED 1.40 126.00 TOTAL CURRENT WORK 126.00 BALANCE DUE $126.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. Carl A. Blondin Attorney at Law 7475 Fifteenth Street North, Suite 204 • Oakdale, Minnesota 55128 Telephone (612) 738-9826 3 March 1992 STATEMENT FOR LEGAL SERVICES: PROSECUTION SERVICES FOR THE CITY OF LAKE ELMO FOR MARCH 19 9 2 : $ 9 0 0 .0 0 . Date: jj'&,4 L // 0Z L-�(�t/l C L/�• t/ Carl A. Blondin Prosecution Summary February 1992 Pretrial Conferences: . . . . . . . . . . . . . . . . . . .12 Jury trials Appearances for trial: . . . . . . . . . . . . . . . . . . 1 Juries Sworn: . . . . . . . . . . . . . . . . . . . . . . . 0 Court trials Appearances for trial: . . . . . . . . . . . . . . . 3 Cases with a witness sworn: . . . . . . . . . . . . . . . 0 Omnibus hearings: . . . . . . . . . . . . . . . . . . . . . . . 0 Complaints Gross Misdemeanors: . . . . . . . . . . . . . . . 0 Misdemeanors:. . . . . . . . . . . . . . . . . . 2 Misdemeanors following citations: . . . . . . . . . . . . . 0 Petty Misdemeanors: . . . . . . . . . . . . . . . . . . . . 0 Dismissals: . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Motions for continuances: . . . . . . . . . . . . . . . . . . . 0 Sentenc ing s :. . . . . . . . . . . . . . . . . . . . . . . . . . 0 Arraignments, Rule 8 hearings: . . . . . . . . . . . . . . . . . 1 Sentence Revocation/Review Hearings: . . . . . . . . . . . . . . 3 Other Appearances:. . . . . . . . . . . . . . . . . . . . . . 0 0 C INVOICE J%ik r F- T KDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2600 AMERMAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA$510146V3 6121= 4400 FAX 612202-0063 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Date: February 28, 1992 Commission No: 09150-992 Invoice No: 018268 Period Ending: 01/31/92 -,�•-�------�--=oe=veoecwocgcCCCpx=eecvoCoaeeegeoocv=eeoov�-�•--v=a----xvv For Professional Services in connection with the Attendance at City Meetings. Agreement dated February 2, 1988. January 7, 1992 T. Prew - City Council Meeting 50.00 January 21, 1992 T. Prew - City Council Meeting 50.00 AMOUNT DUE .. $ 100.00 �-5 21, , -, 7 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date TOLTZ, KING, D'UVALL, ANDERSON AND ASSOCIATES, INCORPORATED a. INVOICE,r TOLKIND, DUVALL, ANDERSON TKDA AND Ae8001ATE8, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERIOAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101-1893 1 12rY92.4400 FAX 61=92-0033 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Date: February 28, 1992 Commission No: 09150-002 Invoice No: 018267 Period Ending: 01/31/92 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. Linder Greenhouse E A W L. Bohrer 0.25 Hrs. @ 28.27 = T. Prew 9.50 Hrs. @ 20.34 = Expenses: T. Prew - Travel 2. Oakdale -Lake Elmo Drainage; T. Prew 3.00 Hrs. @ 20.34 = Expenses: T. Prew - Travel 3. 1992 Sealcoat Program: L. Bohrer 0.25 Hrs. @ 28.27 = T. Prew 9.00 Hrs. @ 20.34 = 4. MUSA Extension: T. Prew 4.00 Hrs. @ 20.34 = 5. TH5 Overlay: T. Prew 6.50 Hrs. @ 20.34 = 7.07 193.23 200.30 x 2.75 = 550.83 7.00 61.02 x 2.75 167.81 2.80 7.07 183.06 190.13 x 2.75 = 522.86 87..3E x 2.75 = 223.74 132.21 x 2.75 = 363.58 PAGE 2 INVOICE Comm. No. 09150-002 6. MSA System: T. Prew 2.00 Hrs. @ 20.34 = 40.68 x 2.75 = 111.87 7. Old Village Drainfield: T. Prew 7.00 Hrs. @ 20.34 = 142.38 x 2.75 = 391.55 AMOUNT DUE ........................ $ 2,342.04 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED i�f.4q - 5 l,y INVOICE TOLTZ.KING. DUVAL.ANDERSONTKJA AND ASSOCIATES INCORPORATED ENGINEERS ARCHITECTS PLANNERS 26MAMCRICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101.1893 612/292 44M FAX 612/292.0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: February 28, 1992 Commission No: 09821-02 Invoice No: 018277 Period Ending: 01/31/92 For Professional Services in connection with the SW-1 Water System. Authorization approved at Regular City Council Meeting on August 7, 1990. Construction Phase (09821-02): Personnel: Classification: Billing Rate: T. Prew Registered Engineer 10.00 Hrs. @ 55.94 - 559.40 J. Davidson Senior Registered Engin 2.00 Hrs. @ 96.25 - 192.50 M. Lynch Senior Technician 11.00 Hrs. @ 42.85 - 471.35 J. Stenerson Technician 1.00 Hrs. @ 31.74 - 31.74 Reimbursable Expenses: Thomas D. Prew - Travel AMOUNT DUE State of Minnesota ) ce County of Ramsey ) ............................... $ 2.80 1,257.79 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 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 2)'" a . a"�— MAR 2 I INVOICE \r` ", KDA TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2600 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 1893 612/292 44W FAX 612/ 292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: February 28, 1992 Commission No: 09720-01 Invoice No: 018274 Period Ending: 01/31/92 vvvmmaaa�aavvvaaaavvvabmmaaaav�.mvaaavvamav�vmaaavvvmaa-�vvmmCvvvvvavvavvmavvmav 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 (09720-01): Personnel: Classification: Billing Rate: J. Davidson Senior Registered Engin 1.00 Hrs. p 96.25 a Reimbursable Expenses: Beckwith Incorporated - Reprod/Reprogr AMOUNT DUE ................................. $ State of Minnesota ) so County of Ramsey ) 96.25 29.82 126.07 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 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Therefore, I move that the City staff be directed to contact all the owners of property within the proposed MUSA extension. These property owners should be given a brief status report of the MUSA extension application, including a brief summary of the key points of the Metro Council staff report. These property owners should be informed that, in view of the City's substantial expenditures to date and the limited resources available to the City, the City of Lake Elmo does not feel it can afford to pursue this application until the property owners contribute to the effort. The property owners should be asked about their willingness to participate both with cash contributions and with their own personal lobbying efforts at the Metro Council and MWCC level. These property owners should be told that the City of Lake Elmo is not snaking any guarantees whatsoever as to the outcome of this effort, and that all positions of the City of Lake Elmo on any issue shall be determined by the Lake Elmo City Council. The City Administrator is directed to meet with interested property owners and report back to the Council as soon as practical. I further move that the Lake Elmo City Administrator be directed to meet with the staffs of Oakdale and Woodbury to determine if there is any basis for agreement between Lake Elrno and either of those two Cities so that Lake Elmo may receive capacity in the WOKE interceptor. The results of such meetings shall be reported to the Lake Elmo City Council as soon as practical. METROPOLITAN COUNCIL Mears Park Centre. 230 Herr Fifth Street, St. Paul MN 55101-1634 March 13, 1992 Ms. Mary Kueffner City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo MN 55042 Dear Ms. Kueffner: 612 291-6359 FAX 612 291-6550 YFY 612 291-0904 In a telephone conversation earlier today you asked about the effect of the Council's approval of the city of Lake Elmo's revision of its comprehensive plan approved in February of 1991. Based on the information we received from the city in the application, it was and is our understanding that the plan revision was a major revision of your 1979 comprehensive plan. It was reviewed and approved as such. From the Council's viewpoint, the plan of record for Lake Elmo is the 1990 plan. Any previous plan or amendments would have been rescinded with adoption of that plan by the city. I think you can realize the practical difficulties if communities somehow adopted one plan without rescinding or superseding the previously adopted plan. Which one would the Council or the city for that matter refer to? Unless the city has some different information, as far as the Council is concerned, the revised plan approved by the Council in February of 1991 is the official plan for the city of Lake Elmo. If you have any further questions on this matter, give me a call. Sincerely, li�' Richard Thompson m V 11� ((. hI-1 dN To direct the staff to prepare an ordinance amending section 301.060D which will include the requirement that a 4/5 majority vote is needed for all new or amended conditional use permits, and 4� call a public hearing to consider said ordinance for Ap-r_--- - 1992. The staff is further directed to notify all exist conditional use permit holders of this proposed ordina e. z-4 0 h atQ rier.-�,tti MAR 16 '9 :SS T.K.D,A. 3 ASSOC. R,2 ii�ii TOLTZ, KING, DUVALL, ANDIiHSON AND AQ$OOIATa*, INCORPCRATBD ENOINEERS ARCHITECTS PLANNERS 9000 AWRIC NATIONALBANKA�LDING NN $1V29z-wo March 16,1992 PAXe""'+a ooe, Ms, Mary Kueffher City Administrator 3800 Laverne Avenue No. Lake Elmo, Minnesota 55042 Re: Derrick Land Company Lots 2-4, Bloch 2 DeMontreville Highlands 3rd Addition Lake Elmo, Minnesota Conunission No. 9150-002 Dear Ms. Kueffner: Paragraph 3 of the stipulation agreement entered into by the City and Derrick stated, in pan, ",,, Derrick will install, at its cost, a drain tile system for Lots 2, 3 and 4, Block 2, DeMontreville Highlands Third Addition, according to plans and specifications approved by the City Is Consulting Engineer." The purpose of this letter is to advise you that acceptable plans dated March 16, 1992 prepared by Batt Engineering Company have been reviewed and approved by me. This completes ale plan approval requirement of the stipulation agreement. Sincerely yours, Larry D. Bohrer, PZ LDB: j cc: Jerome Pilla, City Attorney Roger Derrick, Derrick Land Company Steve Klein, Barr Engineering l Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. LAKE ELMO CITY COUNCIL MEETING MARCH 17, 1992 7:00 P.M. MEETING CONVENES 1. AGENDA 2. MINUTES: MARCH 2, 1992 3. CLAIMS 4. OLD BUSINESS 5. PLANNING/LAND USE & ZONING: A. UPDATE: Comprehensive Plan Amendment (MUSA Extension) B. Trans -City Investment - Request for on -site watchman C. Conditional Use Permits D. Conditional Use Permit to allow recycling in Agricultural Zoning District, E. Cluster Development Questions F. Other 6. CITY ENGINEER'S REPORT: 7. CITY ATTORNEY'S REPORT: A. Comprehensive Plan B. RogerS vs. City of Lake Elmo C. Derrick Land (over) CITY COUNCIL REPORTS: A. Mayor Johnson B. Councilman Hunt Johnson Mottaz Williams 9. CITY ADMINISTRATOR'S REPORT: A. Charitable Gambling One -Day License B. Clean Up Day C. Redistricting Update D. Other 10. ADJOURN