HomeMy WebLinkAbout10-18-94 CCMMINUTES APPROVED: 11-1-94
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 18, 1994
6:00 P.M. EXECUTIVE SESSION: Chuck Dayton regarding Olson Lake Estates
(Review of Plan Amendment by BOWSER)
Mayor John called the council meeting to order at 7:00 p.m. in the council chambers
PRESENT: Mottaz, Conlin, John, Johnson, Johnston, City Engineer Bohrer, City
Attorney Filla and Administrator Kueffner
1. AGENDA
ADD: 4B. Mary Hauser, County Commissioner
M/S/P Conlin/Johnson - to approve the October 18, 1994 City Council agenda as
amended. (Motion passed 5-0).
2. MINUTES: October 4, 1994
M/S/P Conlin/Johnson - to table the October 4, 1994 council minutes until the
November 1,1994 city council meeting. (Motion passed 5-0).
3. CLAIMS
M/S/P John/Mottaz - to approve the October 18, 1994 claims #3136 through #3175 as
presented. (Motion passed 5-0).
4. INFORMATIONAL:
A. John A. Franzen, Candidate for County Commissioner District 2, introduced
himself as the Washington County Recorder for the past 16 years and gave his
background and reasons why he is running for County Commissioner.
B. Mary Hauser, Candidate for County Commissioner District 2, introduced herself
as the current chair of the Washington County Board and presented the key issues
facing Washington County.
5. OLD BUSINESS:
A. Update on proposed Annexation Legislation
Administrator Kueffner reported she is working with Ellen Sampson, Pam Steckman
and Peter Backman on proposed annexation legislation. She is checking on the
background of the 1985 legislation that affords property owners the right to petition for
detachment and concurrent annexation from one city to another.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 18, 1994
B. Ordinance 8106 Disorderly Conduct
M/S/P John/Conlin - to adopt Ordinance 8106 relating to Disorderly Conduct. (Motion
passed 5-0).
C. Ordinance 81 Curfew
Floyd Olson, Cimarron Community Coalition, asked how much strength does the city
have over NHD management of the park if they will not take care of the problem.
Attorney Filla responded the city has no authority to require NHD to evict anyone from
the park, nor does the city have any authority to take action against NHD for failing to
enforce their own regulations. The Cimarron Community Coalition, as an organization,
has more ability to deal with NHD than the city does.
Attorney Filla will revise the draft of the Curfew Ordinance incorporating the changes in
ages in the following subdivisions: Subd. 1. Hours for under 15 years of age, Subd. 2.
Hours for 15 to 17 years of age, and provide proper wording for Subd. 3. Exceptions.
M/S/ John/Mottaz - to adopt ordinance relating to the implementation of curfews within
the city of Lake Elmo
M/S/P John/Mottaz - to accept the amendments
M/S/P John/Mottaz - to table until the November 1, 1994 meeting so that revisions can
be made by the city attorney. (Motion passed 5-0).
D. Ordinance 8107 Public Use Dedication
M/S/P Johnson/Conlin - to adopt Ordinance No. 8107, as amended (ADD; unless the
city council determines that all of the following criteria are satisfied), relating to public
use dedication requirements. (Motion passed 4-1:Mottaz: this kind of property, since it
is protected by floodplain and wetland regulations, would always be preserved in that
manner. Therefore, it should not be used to allow developers to satisfy the public use
dedication requirement.)
6. PLANNING, LAND USE & ZONING:
A. Resolution 94-27 Stonegate Phase II
M/S/P Conlin/Johnson - to table discussion on the Development Agreement for
Stonegate 2nd Addition, as amended, (Section 5: change date of June 15 to
September 1, 1995) to include wording by the City Attorney in Section 16. (Motion
passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 18, 1994
B. Recommendation from Parks Commission on Trail on County Road 10
The Parks Commission reviewed the City's Comprehensive Plan Trail Plans and
discussed the cost, the money would come from the parks budget, and that at this time
the bike path would not connect to Stonegate or the Parks Reserve, therefore, does not
serve any Lake Elmo residents. The commission recommended, on a 6-0 vote, that the
council decline the offer to pay $20,000 to pave the bike trail at Co. Rd. 10 and 13.
M/S/P Mottaz/Johnston - to accept the recommendation of parks commission on the
trail on County Road 10 as outlined in their October 17, 1994 draft minutes. (Motion
passed 5-0).
M/S/P Conlin/Johnson - to bring back to the table the Developers Agreement for
Stonegate 2nd Addition. (Motion passed 5-0).
At the request of the Council, the City Attorney will add the following wording at the end
of Section 16: "It shall further result in the assessment of a civil penalty in the amount
equal to 1% of the estimated cost of the improvements, as defined in Section 3, per
occurrence on which proper inspection notice is not given to the city engineer"
M/S/P Johnston/Johnson - to adopt Resolution 94-27 approving the Final Plat of
Stonegate 2nd Addition. (Motion passed 4-1: Mottaz)
7. CITY ENGINEER'S REPORT:
A. Street Lights on Highway 5
At the October 18 meeting, the council directed the city engineer to prepare a map of
street light locations along Highway 5 and 39th Street and Lake Elmo Avenue.
Councilman Mottaz suggested the city consider adding two street lights on County Rd
17, between Highway 5 and 39th Street because there is a tremendous amount of
young people activity in the playground area which extends into dusk.
M/S/P Mottaz/John - to add two street lights to the plan for County Road 17 and direct
Larry Bohrer to present the plan to NSP for a street light system for areas along
Highway 5, and 39th Street and Lake Elmo Avenue and get a cost figure. (Motion
passed 5-0).
B. Sidewalk replacement on Lake Elmo Avenue (Old Village)
There is a segment of sidewalk on Lake Elmo Avenue that has to be replaced because
of a water main break that had to be repaired and required tearing up the sidewalk.
Joe Rogers, the owner of the property, does not feel that the break is entirely his fault
and that the city should assume some of the blame because at some point in time it
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 18, 1994
allowed a structure to be built over the water main. The shifting of the structure caused
the water main to break according to Mr. Roger's representative.
The segment of sidewalk that has to be replaced is in front of the River Valley Christian
Church (they are renting from Mr. Rogers) the barber shop and the beauty shop. Mr.
Rogers has offered to pay for one-half of the sidewalk, but feels the city should pay for
the other half.
Dan Olinger was only able to get one estimate because the concrete workers are busy.
The bid is for $950 with our crew taking off the old sidewalk.
M/S/P MottazMohn - that the city administrator be authorized to instruct the sidewalk
replacement project on Lake Elmo Avenue be undertaken at a cost of $950 and city
pay $475 out of the Maintenance Budget plus the demolition of the sidewalk done by
the city maintenance crew. (Motion passed 5-0).
Mayor John suggested when the engineer and maintenance foreman inspect the
streets for repair they should also inspect the condition of the city sidewalks and the
south side of 32nd Street North.
C. 1993 Bituminous Patch and Overlay - Final Payment to Bituminous
Consulting & Contracting
Larry Bohrer reported in his letter to the Council dated October 18,1994 that the work
on the 1993 Patch and Overlay Project was substantially completed last fall and
assessments were levied. The Contractor had some corrective work which carried over
into 1994. This work has now been complete and the final project documentation was
provided.
M/S/P Johnston/Conlin - to approve Change Order No. 1 in the amount of +$1,140.00,
Change Order No. 2 (Compensating) in the amount of-$31,812.74 and the Final
payment to the contractor, Bituminous Consulting and Contracting, in the amount of
$13,190.33. (Motion passed 5-0).
8. CITY ATTORNEY'S REPORT:
A. Letter to City Council dated October 6, 1994 regarding Actions taken at
Council meetings
Attorney Filla reported that this matter has been referred about a week ago.
M/S/P John/Conlin - to investigate the issues, complaints that exist at the present time
on all the staff, current council and current commissions. (Motion passed 5-0).
Attorney Filla indicated it was clear that we have some regs that are probably more
inflexible than they need to be. The city should take a look at the reasons for the regs
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 18, 1994 5
and whether they want to continue to have them as inflexible as they are. It may be
helpful for the council to look at what other communities do in terms of adopting regs
that apply to councils. Filla will send the council a copy of a resolution drafted by the
Shoreview Council.
Kueffner pointed out the meeting regs is one that the League has suggested changing
and providing more flexibility and will have a code recodification package for council
review at their next meeting.
M/S/P John/Conlin- to amend the agenda to discuss memo from Lee Hunt on Heritage
Preservation Commission Meeting of 10/3/94. (Motion passed 5-0).
Lee Hunt, 8810 55th Street N., indicated after following up on comments made by
Council person Mottaz at the October 4th council meeting concerning a meeting of the
HPC. Hunt has come to the conclusion that no prior notice was given or an agenda
published for the October 3, 1994 Heritage Preservation Commission meeting. The
HPC is a formal commission for the city and governed by the provisions of the open
meeting law. He suggests that the council direct the staff to investigate and determine
if a violation occurred. If a violation is determined, the City Attorney should then
recommend disciplinary action.
Councilman Mottaz stated before someone signs an official complaint on this matter,
there will be a letter sent to the council explaining what happened.
The Council already had made a motion to add all issues involving any of the staff,
council, and commissions that would cover this complaint.
9. CITY COUNCIL REPORTS:
Mayor John submitted a letter from Constance Northrup to the City Council and
Administrator indicating requests that were made to the city administrator on June 6,
1994 for a "slow children" sign, "blind driveway" sign for traffic approaching 11075 32nd
St. N. from the west end of 32nd St. N. and a 25 mph sign for traffic entering 32nd
Street from Lake Elmo Avenue N.
Administrator Kueffner explained the brush has been cut away from the signs so they
are totally visible and Olinger did find a "slow, children" sign at the shop and that sign is
installed.
Councilman Johnson reported the agreement with the DNR and Small Business tree
grant was received by the city. He and Mike Bouthilet applied for permit from MnDOT to
plant trees. There will be a general meeting with Hagstrom, Meehan Bros. the tree
supplier. This work will be done this fall depending how fast we get the permit from
MnDOT.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 18, 1994
10. CITY ADMINISTRATOR'S REPORTS:
A. Ski Grooming Contract with Washington County
M/S/P Johnston/John - to approve the ski trail grooming contract with Washington
County as amended, (page 2 renumber from 5,6,2,3 to 7&8, also there is no Exhibit A
or B, but there is an Exhibit C).. (Motion passed 5-0).
B. Cable Franchise - Letter from White Bear Lake
M/S/P John/Johnston - to request the city administrator and Rita Conlin investigate the
feasibility of a cable franchise with smaller cities, but to pursue a dual track and attend
meetings and discussions to negotiate either or both. (Motion passed 5-0).
M/S/P Mottaz/Conlin - to adjourn the council meeting at 10:40 p.m. (Motion passed 5-
0).
Resolution No. 94-27 Final Plat of Stonegate 2nd Addition
Ordinance No. 8106 Disorderly Conduct
Ordinance No. 8107 Public Use Dedication Requirements
OCTOBER 18, 1994 LAKE EL11O COUNCIL MEETING
( list of Claims for Approval
For the period 13/14194 t0 10/14/94 10/141;94
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIN
NUMBER
AMOUNT
BLIND CUSTODIAL PRODUCTS
OFFICE BLDG AAINT
16114/94
3136
33.96
100-41500-400
33.96
PITNEY BOWES
POSTAGE METER RENTAL
16/14/94
3137
137.25
100-41500-200
137.25
HAGBERG'S COUNTRY MARKET
OFFICE EXPENSE
18/14/94
3138
58,56
101-41500-400
58.56
STILLWATER GAZETTE
LEGAL PUBLICATIONS
10/14194
3139
194.00
100-41500-351
194.00
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
10/14/94
3140
189.16
100-41590-200
189.16
ST PAUL PIONEER PRESS
1 YR SUBSCRIPTION
10114194
3141
78.00
100-41500-200
78.00
AMERICAN LINEN SUPPLY
OFFICE BLDG MAINT
10/14/94
3142
49,51
100-41500-400
49.01
SPRINGOORN HEATING & AC
OFFICE BLO6 MAINT
10/14194
3143
43.85
100-41500-400
43.85
TNT RECYCLING
SEPTEMBER RECYCLING
10/14/94
3144
5,488.20
100-13200-319
3,456.45
803-43200-318
2,031.75
CITY OF NORTH ST PAUL
ANIMAL CONTROL VEHICLE USAGE
10(14/94
3145
165.50
100-42700-415
165,00
ST CROIX ANIMAL SHELTER
SEPTEMBER ANIMAL IMPOUNDING
10j14194
314E
582.13
100-42700-418
682.13
PETERSON FRAN & BERGMAN
SEPTEMBER LEGAL
10/14/94
3117
6,471.75
100-41600-300
6,285,15
803-41600-301
185.60
TKOA
AUGUST ENGINEERING
10/14194
3148
2,216,46
100-41930-300
413.38
I80-42650-312
49.5E
402-41930-300
239.08
601-41930-300
1,033.29
803-41930-300
481.21
OAKDALE INSPECTION SERVICE
BUILDING INSPECTIONS FOR JIM
11/14194
3149
287.50
100-42400-331
287,50
RADIO
FIRE DEPT RADIO REPAIR
10/14/94
3150
57.93
100-42200-323
57.93
L'ILLE
.... ,HING L BETE CO INC
FIRE PREVENTION HANDOUTS
10/14/94
3151
490.88
100-42200-431
490.38
INT'L ASSN OF ARSON INVESTIGATORS
FIRE DEPT DUES
10/14/94
3152
40.00
100-42200-433
40.00
NED-COMPASS, INC.
FIRE DEPT-HEPATITIS VACCINE
10114/94
3153
798.66
160-42200-306
798.66
LAKE ELMO OIL
SEPTEMBER FUEL PURCHASED
10/14/94
3154
885.14
100-42200-212
107.10
100-42400-331
- 26.50
100-43100-212
727.37
100-45280-221
25.17
ELMO'S LUMBER & PLYWOOD
FIRE & PARKS SUPPLIES
10114194
3155
26,45
106-42200-401
6.27
100-45200-219
19.18
WEAR GUARD
MAINT DEPT CLOTHING.ALLOWANCE
10114J94
3156
182,.18
180-43100-218
182.18
CONSTRUCTION BULLETIN
MAINT DEPT -1 YR SUBSCRIPTION
10114194
3157
125.00
160-43100-433
125.00
AIRSIGNAL, INC.
MAINT DEPT PAGERS
10/14194
3168
36.02
108-43100-320
36.02
BRYAN ROCK PRODUCTS
MAINT DEPT LIMEROCK
10/14/94
3159
38.77
100-43100-228
38.77
RACO OIL & GREASE CO.
MAINT DEPT-MOTOR OIL
18114/94
3160
308,16
108-43100-212
308.15
ACE HARDWARE
MAINT DEPT SUPPLIES
18/14/94
3161
10.61
100-43100-223
10161
AMERICAN TOOL SUPPLY
MAINT DEPT SUPPLIES
1//14194
3162
33.54
100-43100-223
33.54
GLENWOOD INGLEWOOD
MAINT DEPT SUPPLIES
10/14(94
3163
12.60
100-43100-223
12.60
LAKELAND FORD TRUCK SALES
MAINT DEPT TRUCK PARTS & REPAIR
10/14/94
3164
234.30
100-43100-221
234.30
T.A. SCHIFSKY & SONS
MAINT DEPT-STREET PATCHING
10114/94
3165
29.95
100-43100-407
29.95
MARONEY'S SERVICE INC
OFFICE & MAINT OUMPSTERS
1#114194
3166
121.52
100-4190-400
60.76
100-43100-223
60.76
STILLWATER MOTOR CO
MAINT DEPT PARTS & REPAIRS
10/14/94
3167
11.14
100-43100-221
11.14
SUNRAY AUTO PARTS
MAINT DEPT-PARTS & REPAIRS
10/14194
3168
117.24
180-43100-221
117.24
GENUINE PARTS COMPANY
MAINT DEPT - PARTS & REPAIR
10 114 19 4
3169
19.51
100-43100-221
19.61
AOuTHERN STATES POWER CO
SEPTEMBER UTILITIES
10/14/94
3170
2,244.52
180-41500-380
221.48
100-422B0-380
424.70
100-43100-380
106.98
100-43160-380
765.14
100-45200-380
198.69
601-494"-380
503.72
602-49450-380
23.81
PRAIRIE RESTORATIONS, INC.
PARKS DEPT - SEED
10/14/31
3171
227.00
100-45200-2 5
227.00
OCTOBER 18, 1994 - Page 2
List of Claims for Approval
For the period 10/14/94 to
10/14/94
10114194
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM
PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
PHOTOS TO DO
PARKS
DEPT SUPPLIES
10/14J94
3172
27.04
110-45240-219
27.04
OAKDALE, CITY
OF
SEPTEMBER
WATER PURCHASED
15/14194
3173
693.26
601-49400-250
693.26
BOARD OF WATER
COMMISSIONERS
WATER
FUND -CURB BOX FROM STILLWATER
10114194
3174
51.55
601-49400-430
51.55
MINN. DEPT. OF
REVENUE
WATER
FUND -QTLY CONNECTION FEE
10/14/94
3175
321.00
601-49400-216
321.00
TOTAL FOR MONTH
23,139.09 23,139.09
TOTAL YEAR TO DATE 23,139.09 23,139.09
Suite P
50 Eastt Fifth Street _
St. Paul, MN 55101-1197 F RW BERGMAN
INAWasam1 , 1
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
Administration
(612)291-8955
(612) 228.1753 facsimile
Page: 1
09/30/94
ACCOUNT NO: 11135-920001M
STATEMENT NO: 3$
HOURS
09/02/94
JPF Telephone conference with Adm. re: Council Agenda
items. 50 45.00
09/06/94
% JPF Review Council Agenda, tele. Adm, re: same. 1.10 99.00
1 JPF Attend council meeting. 5.00 450.00
09/07/94
JPF Review City file re: history of Armstrong request
for text and CUP amendment. 1.20 108.00
09/09/94
JPF Draft memo re: chronology of Armstrong
application for text and CUP amendments, tele.
adm. and clerk re: same. 1.10 99.00
09/14/94
JPF Review Cpt. Heuer's corr; tele. League of Cities
re: same. .50 45.00
09/16/94
JPF Telephone conference with Adm. re: council agenda
items; re: processing of complt; re: WCS request
for legislation; corr. same. .80 72.00
09/19/94
JPF Conference with Hammes, Gleekel, Voss, Adm. re:
Agg. recycl. and existing permit; rev. City file
re: restoration plans. 2.60 234.00
JPF Conference with Adm. re: council agenda items
l (curfew, Johnson complt, doc., Armstrong; rev.
Council Minutes re: Fed. Land Appl. and comments
itiRS STPAiEPAEN7 IS DUE AND PAYABLE TO THE MiDOkP'n THE. i 014751.
PAYMENTS RECEIVEDAFTER TER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
Suite 300 _ P&TERSON,
50 East Fifth Street
St. Paul, MN 55101.1197 FRAM BERGMAN
r � �
f6121291.8955
(612) 228.1753 facsimile
Page: 2
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11135-920001M
STATEMENT NO: 33
Administration
HOURS
of Atty. Niles.) .80 72.00
JPF Review Hammes — Voss proposal re: prep. for
meeting. .30 27.00
09/20/94
JPF Complete rev. Hammes SUP file 1969-1980.
JPF Review council agenda.
JPF Telephone conference with Adm. re: Junker
Landfill group organization proposal.
JPF Telephone conference with Johnston, Conlin re:
council agenda.
09/21/94
JPF Telephone conference with Planner re: Armstrong,
Flying J, Hammes procedures and status.
JPF Telephone conference with A.O. Newby re: complt.
rev.
09/22/94
JPF Telephone conference with Adm. re: Armstrong
procedure for P.C.
09/28/94
JPF Telephone conference with Adm. re: Armstrong PH,
re: Colon PH, re: complt. re: council meetings
and procedure.
09/29/94
JPF Conference with planner, adm re: evaluation of
proposal, tele adm and planner re: legal
description of ppty.
Jerome P. Filla
1.10 99.00
.20 18.00
.40 36.00
70 63.00
50 46.00
.40 36.00
.30 27.00
.80 72.00
3.00 270.00
21.30 1,917.00
09/20/94
JMM Review agenda and general preparation for council
meeting; research regarding Armstrong issue;
phone conversation with City Administrator. 4.45 159.50
JMM Attend Council Meeting and related matters. 3.25 292.50
7HIS STATEMENT 3S DACE A14D PIWA-B LZ TO THE END OF THE iYAOIMTH.
PAYMENTS RECEIVED AFTER THE. LAST DAY OF T HF MONTH WILL RF CRF_DITFD Tn THE V FYT unuTwc cTar11.1C11T
50 Ea 300
50 PERERSO_N
East Fifth Street 7
St, Paul, MN 55101.1197 FRAM BERGMAN
wnzaa
(612)291-8955
(612) 228-1753 facsimile
Page: 3
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11135-920001M
STATEMENT NO: 33
Administration
HOURS
09/21/94
JMM Interoffice conference re: Armstrong matter. .20 18.00
John Michael Miller 7.90 470.00
FOR CURRENT SERVICES RENDERED
Photocopies
Fax Charge — Local
TOTAL EXPENSES THRU 09/30/94
08/31/94 Messenger Service — American Eagle
TOTAL ADVANCES
TOTAL CURRENT WORK
BALANCE DUE
29.20 2,387.00
14.70
6.00
20.70
19.45
19.45
2,427.15
$2,427.15
�amao�mv
C
THIS STATEMENT IS DUE AND PAYABLE 70 THE ZING OF THE ?AOt'N7HS1.
PAYMENTSRECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
Suite t F P ERSON,
50 East ikh Street
St. Paul, MN 55101-1197 FR4A!1AEZGNIAN
CITY OF LAKE ELMO
$800 Laverne Avenue North
Lake Elmo MN 55042
Junker Landfill
(612)291.8955
(612) 228.1753 facsimile
Page: 1
09/30/94
ACCOUNT NO: 11135-940001M
STATEMENT NO: 3
09/21/94
JPF Review proposed agreement; tele. Grabowski re:
proposal and status of EPA review.
09/22/94
JPF Telephone conference with Adm. re: Junker org.
proposal and status EPA—WDNR.
Jerome P. Filla
09/23/94
AEK Call to WI DNR; obtain statute info.
AEK Travel to law library.
Anne E. Kraft
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORK
BALANCE DUE
HOURS
1.40 126.00
—.40 —36.00
1.80 162.00
.20
10.00
.30
10.50
.60
20.50
2.30 182.60
182.50
THIS STATEMENT IS DUE AND PAYABLE 0 7 E II ND OF THE rM14T .
PAYMENTS RECEIVED AIFTER THE LAST DAY OE THE. MONTH WIT I. AR C4FI)ITrT) Tn TMr NcrT UMITu'c cTnTCU cuT
Suite P `ERSON,
50 EasttFihh Street 1
St. Paul, MN 55101-1197 FRSAMRERG�
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 56042
ACCOUNT NO:
FEES EXPENSES ADVANCES
11140-920001 Criminal Prosecutions
40.00 4.60 0.00
11140-930001 Ronald Dean Hughes (WCS)
7.00 0.00 0.00
11140-930141 Lincoln Finis Bowman (WCS)
67.50
0.00
0.00
11140-930179
Cheryl (NMN)
Hilyar
111.50
8.40
29.60
11140-930206
Daniel R. Burgess
434.00
0.00
17.00
11140-940010
Thomas Jonn
Jacka (WCS)
28.00
0.00
0.00
11140-940017
Mathew James
Horning (WCS)
10.00
0.00
0.00
11140-940021 Jason Michael Boecker (WCS)
23.00 0.00 0.00
(612)291-8955
(612) 228.1753 facsimile
Page: 1
09/30/94
11140M
BALANCE
$44.50
$67.50
$149.50
$451.00
$28.00
$10.00
$28.00
THIS STATEMENT 3S DUE AND R AYABLE TO THE END OF 7HE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
Suitea300 6,lpy�TE11SO \I (612)
50 East Fifth Street 1'-r�/�t� 1 l..i l� LL�1 VJ 1 Vt (6I2) 228.1753 facsimile
St. Paul, MN 55101.1197 F4�L 1M BERGMAN
•r , r �
Page: 2
CXTY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11140
FEES EXPENSES ADVANCES
BALANCE
11140-940066
Peck, Christopher Ryan (HP)
$22.00 0.00
0.00
$322.00
11140-940058
Stafne, Wade Christopher (HP)
56.00 0.00
0.00
$66.00
11140-940061
Dupre, Thomas Henry (WCS)
5.00 0.00
0.00
$5.00
11140-940063
Magyar, John James (WCS)
5.00 0.00
0.00
$5.00
11140-940075
Basso, Jeffrey (NMN) (WCS)
42.00 0.00
0.00
$42.00
11140-940076
Fancher, Robert Dale (WCS)
21.00 0.00
0.00
$21.00
11140-940089
Horning, Matthew James (WCS)
Tampering with witnesses
56.00 0.00
0.00
$56.00
11140-940096
Olmsted, Amy Christine (HP)
Speeding
28.00 0.00
0.00
$28.00
11140-940097
Sylvis, Ernest B. (WCS)
DAC
49.00 0.00
0.00
$49.00
RIS STA71EIWEANT 18 DUE AND APARA LE 74) THE Z-114$D OF THE M014TH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE ?TEXT MONTH'S STATEMENT.
Suite 300 P '''PERSON (612) 291.8955
50 East Fifth Street (612) 228.1753 facsimile
St, Paul, MN 5510I-I 197 FRAM.. BERGMAN
Page: 3
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11140
FEES EXPENSES ADVANCES BALANCE
11140-940099 Edroro, Leano Antonio (WCS)
Speed; no ins.; pass alcohol
6.00 0.00 0.00 $5.00
11140-940114 Maylone, Paul Vernon (WCS)
28.00 0.00 0.00 $28.00
11140-940116 Gores, Gary Melvin (WCS)
49.00 0.00 0.00 $49.00
11140-940118 Koch, Jesse William (RCS)
Speeding.
28.00 0.00 0.00 $28.00
11140-940119 Estes, Patrick Lawrence (HP)
Speeding.
28.00 0.00 0.00 $28.00
11140-940125 Schride, Roger Allen (WCS)
91.00 0.00 0.00 $91.00
11140-940130 Wilhelm, Anne T. (HP)
Speeding
35.00 0.00 0.00 $35.00
11140-940133 Lindquist, Chad Lindsey (HP)
Speed
28.00 0.00 0.00 $28.00
11140-940138 Maack, Michelle (NMN) (WCS)
Allow intox. person to drive
68.00 0.00 0.00 $68.00
THIS STMEMEN T IS DUE AID PAVAB ,E TO 7HE EHEI OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
1-8955
50 Suite F _ j`ENERSON, (1753 facsimile
50 East Fifth Street (612) 228.1753 facsimile
St. Paul, MN 55101.1197 FRAM 'BERGMAN
, C C291311film
Page: 4
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11140
FEES EXPENSES ADVANCES BALANCE
11140-940139 Olson, Carl Victor (WCS)
Fifth degree assault
70.00 0.00 0.00 $70.00
11140-940140 Kirkwood, John David (WCS)
Domestic assault.
14.00 0.00 0.00 $14.00
11140-940145 Charbonneau, Richard Thomas (HP)
Speeding
42.00 0.00 0.00 $42.00
11140-940154 Omar, Daniel Douglas (WCS)
DAC
28.00 0.00 0.00 $28.00
11140-940156 Zimmer, Fred (Cook)
Unlicensed Vehicles/junk appliances
28.00 0.00 0.00 $28.00
11140-940157 Clements, Stacey Rebecca (HP)
No proof of insur., speeding.
42.00 0.00 0.00 $42.00
11140-940158 Borowicz, Joseph Allen (HP)
DAR, no proof of insur, window tint
42.00 0.00 0.00 $42.00
11140-940159 8igalke, Alexander Theodore (WCS)
Theft
5.00 0.00 0.00 $5.00
THIS 3=1MMENT 7S DUE aUND PAYABLE 0 ` HE ZN0 OF 7 HE MOONM.
PAYMENTS RECEIVED ALTER THE IASi OW O£ THE MONTH WH 1. RE rRPNT l Tn THE NEYT MnNTH'C 17. 1TFMENT
Suite 300 PENERSON (612) 291.8955
50 East Fifth Street --r (6121 228-1753 facsimile
St. Paul, MN 55101-1197 FRW&' BERGMAN
Page: 5
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11140
FEES EXPENSES ADVANCES BALANCE
11140-940160 Cran, Steven Albert (WCS)
DUI, .10, .10 w/in 2 hrs.,
Speeding, open bottle
66.00 0.00 0.00 $56.00
11140-940161 Burtard, Donald Allen (WCS)
Domestic Assault
42.00 0.00 17.50 $59.60
11140-940162 Thiele, Troy Edwin (WCS)
No eye protection, no motorcycle
endorsement, no MV insur.
49.00 0.00 0.00 $49.00
11140-940163 Mogren, Stephen David (WCS)
Violate restraining order
40.00 0.00 0.00 $40.00
11140-940167 Berry, Gregory Michael (HP)
Abandon vehicle
109.50 0.00 0.00 $109.50
11140-940169 McClellan, Timothy Edward (WCS)
BAR; obstructed vision, no proof
6.00 0.00 0.00
11140-940172 Alvarado, Armando Mario (HP)
Speeding
14.00 0.00 0.00 $14.00
C
THIS STATEMENT IS DUE AND PAYABUE TO THE E14D OF THE MONTH.
PAYMENTS RECEIVED AMR THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
Suite 300 P TERSON, 11753 291-8955
facsimile
50 East Fifth Street �7--++��� 7 _
St, Paul, MN 55101-1197 1 1 V M BERGMAN 1612) 228-1753 facsimile
r t rmmm
Page: 6
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11140
FEES EXPENSES ADVANCES
BALANCE
11140-940173
Lizakowski, Vernon Stanley
(HP)
Careless Driving
5.00 0.00
0.00
$5.00
11140-940174
Talcott, Audrey (WCS)
Violate Rest. Order
5.00 0.00
0.00
$5.00
11140-940176
Nelson, Amy Elizabeth (WCS)
DOC
40.00 0.00
0.00
$40.00
11140-940176
Gordon, Cheryl Ann (WCS)
DOC
46.00 0.00
0.00
$45.00
11140-940178
Redeagle, James Alien (WCS)
Speeding, violate limited license.
28.00 0.00
0.00
$28.00
11140-940179 Sims, John Ernest (WCS)
Domestic assault
115.00 0.00 17.50 $132.50
11140-940180 Loida, Donald John (WCS)
Public nuisance
115.00 0.00 0.00 $115.00
11140-940181 Dunphy, Jill Kristine (HP)
Speeding
29.00 0.00 0.00 $29.00
73i STAMWENT 3 aYb r r2N� PATAB nW" TO 7HE END OF 7HE 5WON3H.
PAYMENTS RECEIVED ALTER THE LAST DAAV f;F THE MnNTH unn PP rPPnMPn Tn THE NPVT MnNTW'C CTATPAPNT
Suite 300 ,mot, F�ON
50 East Fifth Street r 1, L� I
St. Paul, MIN 5510L1197 FRAM BERGMAN
' 1 1 1
CITY OF LAKE ELMO
FEES EXPENSES
11140-940182 Talcott, Audrey (WCS)
10.00 0.00
ACCOUNT NO:
ADVANCES
0.00
11140-940183 Hausknecht, Don Scott (WCS)
No insur.; fail to return ins. info
41.00 0.00 0.00
11140-940184 Hannes, Earl Raymond (WCS)
No annual insp.; breaks our of
adjustment; wrong class DL
29.00 0.00 0.00
11140-94018S Olson, Steven Randall (HP)
Speeding; expired OL
29.00 0.00 0.00
11140-940186 Sedlacek, Daniel Carl (HP)
Speeding; no seatbelt
$8.00 0.00 0.00
11140-940187 Gaette, Steven Ronald (HP)
Speed; no proof of insur.
38.00 0.00 0.00
11140-940188 Swedo, Elizabeth Anastasia (HP)
DAR; expired reg; no insur.; speed
36.00 0.00 0.00
11140-940189 Bird, Robie Lee (WCS)
DAC
97.00 0.00 0.00
(612)291.8955
(612) 228.1753 facsimile
C
Page: 7
09/30/94
11140
BALANCE
$10.00
$41.00
$29.00(
$38.00
$38.00
MUM
C
THIS aMEMENT IS DUE RIND PAXARLZ a THE END OF TUE A�iOMiiM.
PAYMENTS RECEIVED AMR THE [AST DAY CF T HE MONTH WILL 8E CREDITED TO THE ;NEXT MONTH'S STATEMENT.
291-8955
Suite 300 _ PEER WON (1753 facsimile
50 East Fifth Street r (612) 228.1753 facsimile
St. Paul, MN 55101-1197 FRAMBERGMAN
Paget 8
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11140
FEES EXPENSES ADVANCES BALANCE
11140-940190 Griffin, John Patrick (HP)
Speed, seatbelt.
41.00 0.00 0.00 $41.00
11140-940191 Meyers, Luann M. (HP)
Speed, seatbelt
41.00 0.00 0.00 $41.00
11140-940192 Robey, Eldon Manuel (WCS)
GM DUI, fefusal, open bottle, DUI,
Rest. license
93.00 0.00 0.00 $93.00
11140-940193 Miller, Scott Gerald (HP)
Fail to yield, DAS
60.50 0.00 0.00 $60.50
11140-940194 Colby, Anthony Robert (RCS)
Unsafe Change of course; expired OL
63.00 0.00 0.00 $63.00
11140-940195 Hughes, Ronald Dean (WCS)
Violate order for protection
36.00 0.00 0.00 $36.00
11140-940196 Talcott, Audrey Louise (WCS)
31.00 0.00 0.00 $31.00
11140-940197 Fogel, David Michael (WCS)
No Insurance
20.00 0.00 0.00 $20.00
THIS STATEMENT IS 1^UZ xIND PAY1 ;LZ 'TO 'THE VNE) OF 71HE-iWOfi7H.
OAVIII CA RC :. Cr`C,I,ch . r^'['-. --......r nr r -- -......w..r......................... .----- -----------
Suite (291-8955
50 East Fifth Street llLVSO-V(612) 228-1753 facsimile
St. Paul, MN 55101.1197 FRAMUBElLtQt
Page: 9
CITY OF LAKE ELMO 09/30/94
ACCOUNT NO: 11140
FEES EXPENSES ADVANCES BALANCE
11140-940198 Fogel, David Michael (WCS)
DUI, No insur.
25.00 0.00 0.00 $25.00
11140-940199 Hommes Sand and Gravel (City)
Mining too close to property line
24.00 0.00 0.00 $24.00
11140-940200 Debusscheve, John Edward (WCS)
43.00 0.00 0.00
$43.00/
\
11140-940201
Richert, Wayne Elmer (WCS)
Indecent exposure
31.00 0.00 0.00
$31.00
11140-940202
Reed, Deanna (WCS)
Criminal Damage to property
36.00 0.00 0.00
$36.00
11140-940203
Enright, Bradley Kenneth (HP)
Speed; seatbelt
29.00 0.00 0.00
$29.00
11140-940204
Johnston, Murry Joseph (HP)
36.00 0.00 0.00
$36.00
11140-940205
Ngugen, Dai Minh (WCS)
Violate order for protection
15.00 0.00 0.00
$15.00
3,681.00 12.90 81.60
$3,676.50
7311E STATEMENT IS DUE AND ATABLE TO THE END OF aHE MONTH.
PAYMENTS RECEIVED AMR THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
Site 300 PETERSON
50 East Fifth Street _
St. Paul, MN 55101-1197 FRAM ~r'BERGIVIAN
CITY OF LAKE ELMO
$800 Laverne Avenue North
Lake Elmo MN 55042
HAMMES CUP
(612) 291.8955
(612) 228-1753 facsimile
Page: 1
09/30/94
ACCOUNT NO: 11150-920008M
STATEMENT NO: 12
09/01/94
JPF Telephone conference with atty. 0leekel; corr.
Adm. same.
Jerome P. Filla
FOR CURRENT SERVICES RENDERED
TOTAL CURRENT WORK
BALANCE DUE
HOURS
.30 27.00
.30 27..00
.30 27.00
27.00
$27.00
U.�
DAYMFNTC PFfr'R1M ACTF4 THP 1 ACT nIV fV Tuc unVmu nm , .c rocnmen 11 -uc wmv. unvnnc c +Tcu vas.
te
50'Ea East Street PUT r
St. Paul, MN 55101.1197 FRW&' BERGMAN
t � �
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 56042
Flying J Travel Plaza
(612) 291-8955
(012) 228.1753 facsimile
Page: 1
09/30/94
ACCOUNT NO: 11150-930006M
STATEMENT NO: 5
HOURS
09/01/94
JPF Review Fed. Land Lit. and City file; corr. adm. 1.70 153.00
Jerome P. Filla 1.70 153.00
-.___ ------
FOR CURRENT SERVICES RENDERED 1.70 163.00
Photocopies 3.60
Fax Charge — Local 3.00
TOTAL EXPENSES THRU 09/30/94 6.60
TOTAL CURRENT WORK 159.60
BALANCE DUE $159.60
THIS S7A'1'Hd Jil 21 t 13 DUE AND PATABILE 70 7H E s.14 OF 7H E 'jAGi47H�.
PAYMENTS RECEIVED AFTER THE LAST SLAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S S7AILMENT
INVOICE
1 KL /_�
TOLTZ, KING, DUVALL, ANDERSON
i.i
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
1500 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101-2140
PHONE:6121292.4400 FAX:61W92-0053
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
Date: September 30, 1994
Commission No: 09150-949
Invoice No: 027644
Period Ending: 08/31/94
For Professional Services in connection with the Attendance at City
Meetings. Agreement dated February 2, 1988.
August 2, 1994 L. Bohrer - City Council Meeting 50.00
August 16, 1994 L. Bohrer - City Council Meeting 50.00
03
AMOUNT DUE
/0 U -V 2Y5u 3 �/.y0/, 5�
you -239. 0
601 /c .33. ,)- 9
State of Minnesota )
ss
County of Ramsey
........................... $ 100.00
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
Sept er 30,�19(.94.
the
charged were
expenses
been paid.
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
—M014caU.n
COUNTY
=Am.4. 1995
INVOICE
TKDA AND A KIND, O $, LL,INC RPOR ON
TE
�..1. AND ASSOCIATE6, INCORPORATED (�
ENGINEERS •ARCHITECTS •PLANNERS 1500PIPER JAFFRAVPLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 66101.2140
PHONE:612l292-4400 FAX:612J292-0093
CITY OF LAKE ELMO Date: September 30, 1994
3800 LAVERNE AVENUE NORTH Commission No: 09150-940
LAKE ELMO MN 55042 Invoice No: , 027643
Period Ending: 08/31/94
For General Engineering Services as listed below. Authorization dated
February 2, 1988.
1. Inyestiaate Well Pumphouse Fundation Settlement
0. Beatty 3.00 Hrs. @ 36.00 = 108.00 x 2.75 = 297.00
Expenses: O.
Beatty -
Travel
8.12
2.
Water
Tank Painting Specifications
and Bids-
L.
Bohrer
8.50
Hrs.
@ 30.43 =
258.66
J.
Stenerson
0.50
Hrs.
@ 12.26 =
6.13
264.79
x
2.75 =
728.17
3.
Rolling Hills
Pavina
Inspection,
Escrow Reduction:
L.
Bohrer
1.25
Hrs.
@ 30.43 =
38.04
x
2.75 =
104.61
4.
Crack
Sealina
- discuss w/Contractor
and Olinaer•
L.
Bohrer
0.50
Hrs.
@ 30.43 =
15.22
x
2.75 =
41.86
5.
Section
33 Comprehensive
Plan
Amendment:
L.
Bohrer
0.50
Hrs.
@ 30.43 =
15.22
x
2.75 =
41.86
6.
VBWD
509 Plan
Revisions Review:
L.
Bohrer
1.00
Hrs.
@ 30.43 =
30.43
x
2.75 =
83.68
7.
Armstronc,LFill
Permit
for
CSAH 10 Mitigation:
L.
Bohrer
0.50
Hrs.
@ 30.43 =
15.22
x
2.75 =
41.86
PAGE 2 INVOICE Comm. No. 09I50-003
8. Stoneaate Phase II - Final Plat Approval•
L. Bohrer 0.50 Hrs. @ 30.43 = 15.22 x 2.75 = 41.86
9. E & H Earthmovers - Reauest for Temporary Storaae of Dirt:
L. Bohrer 0.50 Hrs. @ 30.43 = 15.22 x 2.75 = 41.86
10. Lampert Building Center - Site Plan Review•
L. Bohrer 2.00 Hrs. @ 30.43 = 60.86 x 2.75 = 167.37
11. River Valley Christian Church - Site Plan Review•
L. Bohrer 2.00 Hrs. @ 30.43 = 60.86 x 2.75 = 167.37
12. 201 Permit Renewal with MPCA:
T. Prew 1.00 Hrs. @ 22.64 = 22.64 x 2.75 = 62.26
State of Minnesota )
ss
County of Ramsey )
AMOUNT DUE ....................... $ 1,827.88
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
Sept er 30, 199
LINDA
NOTARY P
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Comm. Expires Aug. 4, 1996
TKDA
KING, DUVALL, ANDERSON
INVOICE
AND qND ASSOCIATES, INCORPORATED j
ENGINEERS • ARCHITECTS • PLANNERS
1600 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL, MN 55101-2140
6121292.4400 FAX: 612/292-0063
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
Date: September 30, 1994
Commission No: 10374-03
Invoice No: 027662
Period Ending: 08/31/94
For Professional Services in connection
with the
1993 MSA Project - Jamaca Avenue
and Lake Jane
Trail. Authorization approved at
Regular City
Council Meeting on February 2, 1993.
Part III -Construction Engineering (10374-03):
Personnel:
Classification:
Billing
Rate:
T. Prew
Registered Engineer 2.50
Hrs. @
62.26 =
155.65
L. Bohrer
Senior Registered Engin .50
Hrs. @
83.68 =
41.84
C. Schardin
Technician 1.00
Hrs. @
29.76 =
29.76
Reimbursable Expenses:
Computer Service Fee - Computer Services
1.68
Thomas D. Prew
- Travel
10.15
AMOUNT DUE .................................
$
239-.08
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,
TOLTZ, KING, DUVALL, ANDERSON
AND 7IATES, INCORPORATED
TKDA
TOLTZ, KING, DUVALL, ANDERSON
INVOICE
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
1500 PIPER JAFFRAV PLAZA
444 CEDAR STREET
SAINT PAUL, MN 56101.2140
6121292.4400 FAX: 6121292-0083
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
Date: September 30, 1994
Commission No: 10567-01
Invoice No: 027672
Period Ending: 08/31/94
For Professional Services in connection with the
Local Water Management Plan - Phase I - Structure
and Pond Inventory and Problem Area Identification
Authorization approved at Regular City Council
Meeting on November 16, 1993.
Ph I-Structure/Pond Inv & Prob Area Iden (10567-01):
Personnel: Classification, Billina Rate:
J. Davidson Senior Registered Engin .50 Hrs. @ 99.00 49.50
�. AMOUNT DUE ................................. $ 49.50
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,
TOLTZ, KING, DUVALL, ANDERSON
AND OCIATES, INCORPORATED
l/L .
October 7, 1994
Dear Mayor, CouncilN' embers and :ity.Adtninistratpr:
I am writing on behalf of the residents of 32nd Street North. Three requests were
made to the city administrator on June 6, 1994. These request were for:
1) A "slow children" or newest form of sign.
2) A "blind driveway" sign for traffic approaching 11075 32nd St. N. from the
West end of 32nd St. N.
3) A 25 mph sign for traffic entering 32nd St. N. from Lake Elmo avenue North
(since one already existed at the other end of 32nd St. N. for traffic entering from
the West.)
Mary Kueffner told me to put together a petition from the residents before action
could be taken. A petition was signed by all residents of 32nd St. N. and was delivered
four days later to the city offices on Junel0, 1994.
These requests were made in response to traffic travelling too fast on 32nd St. N. Some
cars are using it as a short cut to Lake Elmo Ave. N.
32nd Street North does not have sidewalks, shoulders, or in many cases level space
off the street for pedestrians to wall. 'There are a significant number of children who are
residents of 32nd Street North. We supervise our children at all times but if a car is
travelling at high speeds it unnecessarily dangerous to walk with them anywhere on the .
street. There are presently no less than 3 "children" warning signs with in a 1 block radius
of 32nd Street North. If the city does not believe in their efficacy then there is no reason
for their existence and they should be removed so as not to be a distraction to more
important signs. If not then we too should receive two, one at each end.
The action taken by the city was to remove the existing 25 mph sign at the West
end of 32nd St. N. and place a "Limited Sight Vision" sign in its place. A 25 mph sign
was placed at the East entrance to 32nd St. N. and a "Limited Sight Distance" sign was
placed behind a tree. The latter sign is not visible until a car is within 5 feet and looking for
it.
We do not feel that our request were fulfilled. There is still nothing alerting the
drivers to the presence of young children. There is no warning of a blind driveway at
11075. Finally we have now lost a 25mph sign that was at the West end. I also
understand that there was a "slow children" sign at the West end that was removed when
the new drain field was installed.
As elected officials we are entrusting you with the safety of Lake Elmo citizens.
Proper signing of potentially dangerous situations is one of those responsibilities. The
present signing does not address the specific problems of this street.
Sincerely,
Constance No;t Zp
To: Mr. Jess Mottaz
From: Sue Schiltgen Johnson
Chair, Heritage Preservation Commission
Subject: Open meeting violation allegations.
As our new liaison with the City Council, I would ask that you convey to
them my feelings with regard to the appalling events that took place at the
City Council meeting of Oct. 4, 1994.
The attached letter summarizes my feelings of the moment with regard to Mr.
Lee Hunts allegations of Open Meeting violations against the Heritage
Preservation Commission and the handling of this situation by the council.
Without your having brought this to my attention (along with a friend who
saw this episode on cable T.V.) I would know nothing of these baseless
accusations. You see, I have yet to receive formal notice from city hall
of any such complaint or actions taken.
Jf ,
Susan/Johnson
v'
DATE:10/25/94
TO: LAKE ELMO CITY COUNCIL
FROM: CHAIR, LAKE ELMO HERITAGE PRESERVATION COMMISSION. ( '"
SUBJECT: LEE HUNT'S ALLEGATIONS OF OPEN MEETING VIOLATIONS OF THIS
COMMISSION STATED AS FOLLOWS:
MONDAY, OCTOBER 3RD, 1994 WAS THE HERITAGE PRESERVATION COMMISSION'S
"REGULAR MEETING" DATE! WE HAVE BEEN MEETING ON THE 1ST MONDAY OF THE
MONTH SINCE ESTABLISHING THAT DATE SEVERAL MONTHS AGO. THE COURTS HAVE
PROVIDED GUIDANCE ON NOTICE REQUIREMENTS FOR "REGULAR" MEETINGS IN SULLIVAN
V. CREDIT RIVER: "NOTICE OF EACH INDIVIDUAL REGULAR MEETING NEED NOT BE
ORDINANCE OR RULES, NO OTHER NOTICE IS NECESSARY". THE LEAGUE OF MN.
CITIES STATE REQUIREMENTS AS FOLLOWS: "CITIES MUST KEEP A SCHEDULE OF THE
REGULAR MEETINGS OF THE COUNCIL PLANNING COMMISSION AND OTHER COMMITTEES
OR BOARDS ON FILE AT THE PRIMARY OFFICES OF THE COUNCIL COMMITTEE OR
BOARD. FOR MOST CITIES. THAT MEANS CITY HALL."
THERE WAS NO PRE -ESTABLISHED AGENDA FOR THIS MEETING BECAUSE NEITHER
COMMISSION MEMBERS, CITY STAFF, NOR THE PUBLIC HAD OFFERED ANY ITEMS IN
ADVANCE OF THE MEETING. THAT DOES NOT DETRACT FROM THE FACT THAT THE
COMMISSION MET, AS REQUIRED BY ORDINANCE, AND ESTABLISHED AN AGENDA AT THE
MEETING. THAT AGENDA WAS BASED ON A COUNCIL MANDATED ITEM THAT WAS
DELIVERED BY MAIL AND DISCOVERED BY ME THE EVENING OF OUR MEETING.
THERE HAVE BEEN NO STATUTORY VIOLATIONS NOR ANY VIOLATIONS OF CITY
CODE. THE STATE ATTORNEY GENERAL, IN ANY CASE, HAS HELD THAT OPEN MEETING
VIOLATIONS ARE NOT TORT MATTERS AND ARE THUS CONSIDERED CIVIL OFFENSES TO
BE BROUGHT TO THE COURT BY PRIVATE INDIVIDUALS. I BELIEVE THAT MR. HUNT,
WHO IS RUNNING FOR CITY COUNCIL THIS YEAR, AND CERTAIN MEMBERS OF THE CITY
COUNCIL AND CITY STAFF ARE MOTIVATED BY THEIR DESIRE TO PUBLICLY EMBARRASS
ME AS CHAIR OF THE H.P.C. AND DEFEAT ME IN THE UPCOMING ELECTION. LEE HUNT
AND THE COUNCIL MUST BE AWARE THAT IT UNLAWFUL TO PROFFER FALSE INFORMATION
THAT IS INTENDED TO DEFEAT MY CANDIDACY!
WAS THIS INTENDED? I SEEMS SO TO ME! IT IS INTERESTING HOW QUICKLY
THIS COUNCIL COULD ACT ON THIS MATTER AT THE LAST COUNCIL MEETING: READING
OUT AN UNSIGNED, UNVERIFIED (AS TO ISSUES AND ORIGINATOR) COMPLAINT
ASSERTED BY THE CITY ADMINISTRATOR TO HAVE BEEN SECRETLY SLIPPED UNDER HER
DOOR JUST PRIOR TO THE MEETING. THEN, TO ADD DRAMA FOR THE CAMERAS AND
PRESS, THE COUNCIL INSISTED ON INVESTIGATION BY THE WASHINGTON COUNTY
SHERIFF! ALL OF THIS WITHOUT PROVIDING FORMAL NOTIFICATION OF MYSELF OR
ANY OTHER MEMBERS OF THE H.P.C. THESE ACTIONS, SO PUBLICLY TAKEN, WERE IN
SPITE OF THE FACT THAT THE DATA PRACTICES ACT REQUIRES CLOSURE OF A MEETING
FOR PRELIMINARY CONSIDERATION OF ALLEGATIONS OR CHARGES AGAINST AN
INDIVIDUALS) SUBJECT TO COUNCIL AUTHORITY.
ON THE OTHER HAND, SEVERAL MONTHS AGO THE MAYOR RECEIVED
RECOMMENDATIONS FROM THE MINNESOTA STATE AUDITOR FOR INVESTIGATION OF
STATUTORY VIOLATIONS IN THE HANDLING OF CITY FUNDS BY THE CITY
ADMINISTRATOR YET HE DECIDED TO WITHHOLD ALL MENTION OF THAT FROM THE CITY
COUNCIL, AND I PRESUME THE CITY ATTORNEY, STATING THAT HE HAD SOME
DISCRETIONARY AUTHORITY TO DO SO. WITH THE EXCEPTION OF COUNCILMAN MOTTAZ,
EXPOSURE, AT THE SEP. 19 COUNCIL MEETING, OF THIS UNLAWFUL INACTION WAS
COMPLETELY IGNORED BY THE REST OF THE COUNCIL MEMBERS!
I DEMAND THAT MY RESPONSE BE ACCORDED THE SAME URGENCY AND PUBLICITY
AS THAT OF LEE HUNT'S ALLEGATIONS! FURTHER, I DEMAND THAT MY RESPONSE BE
MADE A PART OF ANY AND ALL RECORDS ESTABLISHED AS A RESULT OF MR. HUNT'S
SO-CALLED COMPLAINT! I RESERVE MY RIGHTS TO BRING ACTION AGAINST THE CITY
COUNCIL FOR ABRIDGING MY RIGHTS AND THOSE OF OTHER MEMBERS OF THE H.P.C.
UNDER THE DATA PRACTICES ACT AND MY RIGHT TO INSIST ON COUNTY ATTORNEY
INVESTIGATION OF CONSPIRATORIAL ACTION TO DEFEAT MY CANDIDACY FOR CITY
COUNCIL!
SUSAN L. JOHNSON
CHAIR, HERITAGE PRESERVATION COMMISSION
VC le
1 KDA.
, AN
ORSON
AND A OCI TES,DUVIN
AND ASSOCIATES, INCORPORATED
ATE
ENGINEERS - ARCHITECTS • PLANNERS
1500 PIPER JAFFRAV PLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101.2140
October 18, 1994
PHONE:61212D24400 FA%:512J29241003
Honorable Mayor and City Council
Lake Elmo, Minnesota
Re: 1993 Patch and Overlay Project
Lake Elmo, Minnesota
Commission No. 10417
Dear Council Members:
Work on the 1993 Patch and Overlay Project was substantially completed last fall and
assessments were levied. The Contractor had some corrective work which carried over into
1994. This work has now been completed and the final project documentation is attached.
Specifically attached are the following:
Change Order No. 1 in the amount of + $1,140.00. The original contract called for seeding
along some of the earth shouldering. Because of heavy runoff in some areas sod was needed.
This change order provided for 285 S.Y. of sodding in selected areas.
Change Order No. 2 (Compensating) in the amount of - $31,812.74. This shows that the
original contract was completed for less than the original bid due to savings in quantities of work.
These savings were reflected in the assessments levied last fall.
Final Estimate and Certificate No. 4 in the amount of $13,190.33. This is the final amount due
the Contractor.
Consent of Surety for Final Payment
Minnesota Department of Revenue Withholding Form IC-134
Action Requested:
1. Approve Change Order No. 1
2. Approve Change Order No. 2
3. Approve Final Payment to the Contractor
Sincerely,
Lazry Bohrer, P.E.
LDB/mha
Enclosures
CHANGE ORDER
( TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers -Architects -Planners
Saint Paul, MN Oct., 11, 19,944 Comm. No. _10417 Change Order No. I
To Bituminous Consulting and Contracting
for 1293 Bituminous a h na and Overlay
for Citv of Lake Elmo. Minnesota
You are hereby directed to make the following change to your contract dated
August 17 , 19 93 . The change and the work affected thereby
is subject to all contract stipulations and covenants. This Change Order will
(increase) (4eewewre) (not. ') the contract sum by One Thousand
One Hundred Forty and - - - - - - - - no/100 _ Dollars ($_ 1.140.00 ).
This change order provides for the following:
1. Sodding 285.0 SY @ $4.00 51.140.00
NET CHANGE ORDER (Add) $1,140.00
Amount of Original Contract $_182 662.50
Additions approved to date (Nos. )
Deductions approved to date (Nos. ) $_, 0.00
Contract amount to date $ 182,6 2.50
Amount of this Change Order (Add) (Deduct) (Not Changed) $ +1 140.00
Revised Contract Amount $ 183 802.50
Approved GITY OF LAKE ELMO MN
Owner
Date
Approved BITS CONSULT/CONTRACTING
Contractor
By _ /0-17-9y _
Date
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOC3 TES.,.TI ORTED
B
Y
Thomas D. Prew, P.E.
White - Owner*
Pink - Contractor*
Blue - TKDA
CHANGE ORDER
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers -Architects -Planners
Saint Paul, MN Oet, 11, 19-94. Comm. No. 10417 Change Order No. 2
To ----JUt-MMinQUB--Conaultincr and Contracting
for _ 1993 Bituminous Patching and Overlay
for City of Lake Elmo Minnesota
You are hereby directed to make the following change to your contract dated.
August 17 , 19 93.. The change and the work affected thereby
is subject to all contract stipulations and covenants. This Change Order will
(increase) (decrease) (not change) the contract sum by Thirty-one
_Thousand Eight Hundred Twelve and - - 74/100 Dollars ($ 31.812 74 ).
COMPENSATING CHANGE ORDER
This change order shows the actual quantities installed at the unit price bid
amounts (see attached itemization):
NET CHANGE ORDER
Amount of Original Contract
Additions approved to date
Deductions approved to date
Contract amount to date
Amount of this Change Order
Revised Contract Amount
(Deduct) $31,812.74
$ 182,662-50
(Nos. 1 ) $ + 1,140.00
(Nos., ) $ 0.00
$ 183 802,50
(Add) (Deduct) (Not Changed) $ -31 812._74
$ 151,989 76
Approved CITY OF LAKE ELMO MN
Owner
By
Date
Approved BIT. QMULT/CQNTRACTING
Contractor
By /0-17-ey
Date
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIAT.-Sr,_INCORPORA
Thomas D. Prew, P.E.
White - Owner*
Pink - Contractor*
Blue - TKDA
CHANGE ORDER NO. 2 (COMPENSATING)
1993 BITUMINOUS PATCHING AND OVERLAY
CITY OF LAKE ELMO, bMMESOTA
COMMISSION NO. 10417
STEM
CONTRACT
QUANTITY
UNIT
NET
NO
DESCRIPTION
QUANTITY
UNIT
TO DATE
DIFFERENCE
PRICE
CHANGE
HIDDEN BAY
1
4" FULL DEPTH PATCHING
120.00
Sy
123.11
3.11
$9.00
$27.99
2
2" BIT HEAR OR LEVELING COURSE
3700.00
TN
3058.80
-641.20
$20.97
($13,445.96)
3
CRS-1 BIT MATERIAL FOR TACE
1600.00
GA
1272.00
-328.00
$0.80
($262.40)
4
BITUMINOUS CURB
1700.00
IF
1661.00
-39.00
$1.10
($42.90)
5
EARTH SHOULDERING (LV)
200.00
CY
125.00
-73.00
$9.50
($712.50)
6
CRUSHED ROCK FOR DWY OR SELDR
250.00
TN
57.00
-193.00
$12.50
($2,412.50)
7
41 HIDE BITUMINOUS FLUMES
2.00
EA
4.00
2.00
$175.00
$350.00
($16,498.27)
37TH
STREET
1
4" FULL DEPTH PATCHING
148.00
SY
149.56
1.56
$9.00
$14.04
2
2" BIT HEAR OR LEVELING COURSE
335.00
TH
270.00
-65.00
$21.00.
($1,365.00)
3
CRS-1 BIT MATERIAL FOR TACK
130.00
GA
72.00
-58.00
$0.80
($46.40)
4
EARTH SHOULDERING (LV)
60.00
CY
15.00
-45.00
$10.00
($450.00)
($1,847.36)
ARAFT CIRCLE
1
4" FULL DEPTH PATCHING
36.00
SY
28.77
-7.23
$9.00
($65.07)
2
2" BIT WEAR OR LEVELING COURSE
200.00
TN
145.00
-55.00
$21.50
($1,182.50)
3
CRS-1 BIT MATERIAL FOR TACK
85.00
GA
45.00
-40.00
$0.0
($32.00)
4
EARTH SHOULDERING (LV)
60.00
CY
15.00
-45.00
$10.000
($450.00)
5
REM EX SOD/SALV TOPSOIL ETC
150.00
SY
0.00
-150.00
$4.00
($600.00)
6
ADJUST GATE VALVE BOA
1.00
EA
1.00
0.00
$35.00
$0.00
($2,329.57)
LANGLEY COURT
1
2" BIT HEAR OR LEVELING COURSE
130.00
TN
100.00
-50.00
$21.50
($1,075.00)
2
CRS-1 BIT MATERIAL FOR TACK
65.00
GA
35.00
-30.00
$0.80
($24.00)
3
EARTH SHOULDERING (LV)
30.00
CY
25.00
-15.00
412.00
($180.00)
($1,279.00)
LEGION AVENUE
1
4" FULL DEPTH PATCHING
60.00
Sy
61.66
1.66
$20.00
$16.60
2
2" BIT WEAR OR LEVELING COURSE
550.00
TN
678.81
128.81
$21.00
$2,705.01
3
CRS-1 BIT MATERIAL FOR TACK
300.00
GA
276.00
-24.00
$0.80
($19.20)
4
EARTE SHOULDERING (LV)
120.00
CY
15.00
-105.00
$10.00
(41,050.00)
5
41 E 2" THICK BIT SHOULDER
350.00
LF
450.00
100.00
$6.00
$600.00
$2,252.41
LAVERNE AVENUE
1
2" BIT WEAR OR LEVELTMG COURSE
490.00
TN
336.00
-154.00
521.00
($3,234.00)
2
CRS-1 BIT MATERIAL FOR TACK
200.00
GA
120.00
-90.00
$0.0
($.00)
, 3
REPAIR/ADJUST CATCH HASffi
4.00
EA
4.00
0.00
$410.00
$D.00
$0
., 4
ADJUST GATE VALVE BOX
2.00
EA
2.00
0.00
$35.00
$0.00
($3,306.00)
HIGHLANDS TRAIL
1
4^ FULL DEPTH PATCHING
130.00
SY
2
BIT WEAR OR LEVELING COURSE
1350.00
TN
3
CRS-1 BIT MATERIAL FOR TACK
600.00
GA
4.
VAR Tg SEOULDERING (IV)
60.00
CY
5
REPAIR/ADJUST CATCH BASIN
6.00
EA
6
BITMaNOUS CURB
1000.00
IF
HIGHLANDS COURT
1
4^ FULL DEPTH PATCHING
18.00
SY
2
2^ BIT WEAR OR LEVELING COURSE
400.00
TN
3
CRS-1 BIT 14ATERIAL FOR TACK
150.00
GA
4
REPAIR/PDJUST CATCH BASIN
4.00
EA
20TH
STREET COURT
1
2" BIT WEAR OR LEVELING COURSE
140.00
TN
2
CRS-1 BIT DETERIAL FOR TACK
60.00
GA
3
REM/REPL 6" HIGH BIT CURB
30.00
IF
PATCHING - ISLE
1
4" FULL DEPTH PATCHING
120.00
SY
100.88
-29.12
$9.00
($262.08)
950.55
-399.45
$20.97
($8,376.47)
289.00
-311.00
$0.80
($248.80)
85.00
25.00
$10.00
$250.00
6.00
0.00
$410.00
$0.00
1210.00
210.00
$1.25
$262.50
($8,374.85)
26.66
8.66
512.00
$203.92
374.48
-25.52
$21.00
($535.92)
230.00
80.00
$0.80
$64.00
4.00
0.00
$410.00
$0.00
($368.00)
165.00
25.00
$21.00
$525.00
47.00
-13.00
50.80
($10.40)
80.00
50.00
$5.00
$250.00
$764.60
37.33 -82.67 $10.00 ($826.70)
($31,812.74)
TKDA
TOLTZ. KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
Comm. No. 10417
Cert. No. 4 (Final) St. Paul, MN
To City of Lake Elmo, Minnesota
1600 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL. MN 66101-2140
612/292-0 00 FAX: 6121292-0083
October 12 , 19 94
Owner
This Certifies that Bituminous Consulting and Contracting , Contractor
For 1993 Bituminous Patch and Overlay
Isentitle4d to h Thirteen Thousand One Hundred Ninety and 33/100--------------- ($13,190.33 I
being (Final) estimate for partial payment on contract with you dated August 17 19 93
Received payment in full of above Certificate.
CONTRACTOR
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INC.
ENGINEERS • ARCHITECTS • PLANNERS
za—'V� 04—
Larry D. firer, P.E.
le- / 7 , 19gY October 13 , 19 94
RECAPITULATION OF ACCOUNT
CONTRACT 11
PLUS EXTRAS
PAYMENTS
CREDITS
Contract price plus extras
.182 .662
50
All previous payments
138,799
43
All previous credits
Extra No. Change Order No. 1
pf
00
Extra No. Change Order No. 2 (Comp.)
74
Extra No.
Extra No.
Extra No.
Credit No.
Credit No.
Credit No.
Credit No.
_
Credit No.
AMOUNT OF THIS CERTIFICATE
13,190
33
Totals
151,989
76
151,989
76
Credit Balance
_
There will remain unpaid on contract after payment of
this Certificate
0
00
151 989
76
15
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED
Engineers -Architects -Planners Saint Paul, Minnesota 55101
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
FINAL
Estimate No.. 4 Period Ending Oct. 10 19_94 Page 1 of 1 Comm. No. 10417
Project_ 1993 Bituminous Patch & Ovyprlay _ Original Contract Amount
Location Lake Elmo Minnesota $ 182,662.50
Contractor Bituminous Consulting & Contracting_
Total Contract Work Completed
Total Approved Credits
Total Approved Extra Work Completed
Change Order No. 1. $ 1,140.00
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
Less Approved Credits
Less 0 % Retained
Less Previous Payments
Total Deductions
Amount Due This Estimate
Contractc
Engineer
1 11
$ 150,849.76
$ 1.140.00
$�51 9897 6
$ 138 799.42
$ 13,190.33
Date /-,�P )/ _V
Date /®� �/�
ESTIMATE NO. 4 (FINAL)
! 1993
BITUMINOUS PATCHING AND OVERLAY
l CITY
OF LAKE ELMO, MINNESOTA
COMMISSION NO. 10417
ITEM
CONTRACT
QUANTITY
UNIT
AMOUNT
NO
DESCRIPTION
QUANTITY
UNIT
TO DATE
PRICE
TO DATE
HIDDEN BAY
1
4" FULL DEPTH PATCHING
120.00
SY
123.11
$9.00
$1,107.99
2
2" BIT WEAR OR LEVELING COURSE
3700.00
TN
3058.80
$20.97
$64,143.04
3
CRS-1 BIT MATERIAL FOR TACK
1600.00
GA
1272.00
$0.80
$1,017.60
4
BITUMINOUS CURB
1700.00
LF
1661.00
$1.10
$1,827.10
5
EARTH SHOULDERING (LV)
200.00
CY
125.00
$9.50
$1,187.50
6
CRUSHED ROCK FOR DWY OR SHLDR
250.00
TN
57.00
$12.50
$712.50
7
4' WIDE BITUMINOUS FLUMES
2.00
EA
4.00
$175.00
$700.00
$70,695.73
37TH
STREET
1
4" FULL DEPTH PATCHING
148.00
SY
149.56
$9.00
$1,346.04
2
2" BIT WEAR OR LEVELING COURSE
335.00
TN
270.00
$21.00
$5,670.00
3
CRS-1 BIT MATERIAL FOR TACK
130.00
GA
72.00
$0.80
$57.60
4
EARTH SHOULDERING (LV)
60.00
CY
15.00
$10.00
$150.00
$7,223.64
KRAFT
CIRCLE
1
4" FULL DEPTH PATCHING
36.00
SY
28.77
$9.00
$258.93
2
2" BIT WEAR OR LEVELING COURSE
200.00
TN
145.00
$21.50
$3,117.50
3
CRS-1 BIT MATERIAL FOR TACK
85.00
GA
45.00
$0.80
$36.00
4
EARTH SHOULDERING (LV)
60.00
CY
15.00
$10.00
$150.00
5
REM EX SOD/SALV TOPSOIL ETC
150.00
SY
0.00
$4.00
$0.00
6
ADJUST GATE VALVE BOX
1.00
EA
1.00
$35.00
$35.00
$3,597.43
LANGLEY COURT
1 2" BIT WEAR OR LEVELING COURSE
150.00
IN
100.00
$21.50
$2,150.00
2 CRS-1 BIT MATERIAL FOR TACK
65.00
GA
35.00
$0.80
$28.00
3 EARTH SHOULDERING (LV)
30.00
CY
15.00
$12.00
$180.00
$2,358 00
LEGION AVENUE
1 4" FULL DEPTH PATCHING
60.00
SY
61.66
$10.00
$616.60
2 2" BIT WEAR OR LEVELING COURSE
550.00
TN
678.81
$21.00
$14,255.01
3 CAS-1 BIT MATERIAL FOR TACK
300.00
GA
276.00
$0.80
$220.80
4 EARTH SHOULDERING (LV)
120.00
CY
15.00
$10.00
$150.00
5 4' X 2" THICK BIT SHOULDER
350.00
LF
450.00
$6.00
$2,700.00
$17,942.41
LAVERNE AVENUE
1 2" BIT WEAR OR LEVELING COURSE
490.00
TN
336.00
$21.00
$7,056.00
2 CRS-1 BIT MATERIAL FOR TACK
200.00
GA
110.00
$0.80
$88.00
3 REPAIR/ADJUST CATCH BASIN
4.00
EA
4.00
$410.00
$1,640.00
4 ADJUST GATE VALVE BOX
2.00
EA
2.00
$35.00
$70.00
$8,854.00
HIGHLANDS TRAIL
1
4" FULL DEPTH PATCHING
130.00
BY
100.88
$9.00
$907.92
2
BIT WEAR OR LEVELING COURSE
1350.00
TN
950.55
$20.97
$19,933.03
3
CRS-1 BIT MATERIAL FOR TACK
600.00
GA
289.00
$0.80
$231.20
4
EARTH SHOULDERING (LV)
60.00
CY
85.00
$10.00
$850.00
5
REPAIR/ADJUST CATCH BASIN
6.00
EA
6.00
$410.00
$2,460.00
6
BITUMINOUS CURB
1000.00
LF
1210.00
$1.25
$1,512.50
$25,894.65
HIGHLANDS COURT
1
4" FULL DEPTH PATCHING
18.00
SY
26.66
$12.00
$319.92
2
2" BIT WEAR OR LEVELING COURSE
400.00
TN
374.48
$21,00
$7,864.08
3
CRS-1 BIT MATERIAL FOR TACK
150.00
GA
230.00
$0.80
$184.00
4
REPAIR/ADJUST CATCH BASIN
4.00
EA
4.00
$410.00
$1,640.00
$10,008.00
20TH
STREET COURT
1
2" BIT WEAR OR LEVELING COURSE
140.00
TN
165.00
$21.00
$3,465.00
2
CRS-1 BIT MATERIAL FOR TACK
60.00
GA
47.00
$0.80
$37.60
3
REM/REPL 6" HIGH BIT CURB
30.00
LF
80.00
$5.00
$400.00
$3,902.60
PATCHING
- ISLE
1
4" FULL DEPTH PATCHING
120.00
BY
37.33
$10.00
$373.30
$373 30
$150,849.76
10/17/94 10:24 221 612 457 7531 PATE BONDING INC 10002/003
GRANITE RE, INC.
CONSENT OF
REIY COMPANY
TO FINAL PAYMENT
PROJECT NAME:
1993 Bituminous Patching and Overlays
TO (OWNER):
City of Lake Elmo
3600 Laverne Ave.
Lake Elmo, MN 55042
CONTRACTOR:
Bituminous Consulting and Contracting Co., Inc.
CONTRACT ®ATE:
August 17, 1993
Bond Numbuc
GRMN 10767
In accordance with the provisions of the Contract between the owner and the Contractor as included above, the
Granite Re, Inc.
i 5 North Lincoln Boulevard
L-, ahoma City, OK 73126
on bond of
Bituminous Consulting and Contracting Co., Inc.
2456 Main Street NE
Blaine, MN 55449
, SURETY COMPANY,
,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not
relieve the Surety Company of any of its obligations to
City of Lake Elmo
3800 Laverne Ave.
Lake Elmo, MN 55042
as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF,
the Surety Company has hereunto set its hands
17th day of October
, OWNER,
1994
GRANITE , INC. _
Surety C an ($rutJY,
Si ure of Authorized Representativ ,
JONATIIAN PATE A1r )RNT:viN-&2
Title
10/17/94 10:25 $`1 612 457 7531 PATE BONDING INC
0 003/003
GR 03OZ-3
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and
having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE, RODMAN A. PRATES, JEFFREY R. WEDEL, W.T. CARTER, KAY F. LOVETT
its true and lawful Attorney-in-Fact(s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and
perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a
certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC, through
us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said:
JONATHAN PATE, RODMAN A. FRATES, JEFFREY R. WEDEL, W.T. CARTER, KAY F. LOVETT
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Vice President and Assistant Secretary/Treasurer, this ___ 30th day of
JUNE 19 92 By � ��
Arryl Fisher ice President
r,�+r
NunM` Val �•3�•
Sarah Beauchamp Asst. Secretary/Treasurer
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA } SS:
On this 30th day of JUNE , 19 92 , before me personally came R. Darryl Fisher,
vice President of the GRANITE RE, INC. Company and Sarah Beauchamp, Assistant Secretary/Treasurer of said Company,
with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl
Fisher and Sarah Beauchamp were respectively the Vice President and the Assistant Secretary/Treasurer of the GRANITE
RE, INC., the corporation described in and which executed the foregoing Power of Attorney: that they each knew the seal of
said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the
Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Assistant
Secretary/Treasurer, respectively, of the CompanyO'S'0—
MAY.911996 My Commission Expires: Notary Public
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Seoretary/Treasurer of Granite, Re, Inc., an Oklahoma
Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes
of the meeting of the Board of Directors of Granite Re, Inc.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each
have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute
on behalf of the company fidelity and surety bonds and other documents of similar character issued by the
Company in the course of its business. On any instrument making or evidencing such appointment, the signatures
may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the
Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation
,S 17th day of October jg 94
Sarah Beauchamp
^ Assistant Secretary / Treasurer
Form
IC-134
Flev. 11/90
Minnesota Department of Revenue
Withholding Affidavit for Contractors
This affidavit must be approved by the Minnesota Departn
State of Minnesota or any of Its subdivisions can make fir
Company name Bi Luminous Consulting & Minnesota le number
Contracting Co., Inc.
Address 2456 Main Street NE
Mpls, Mn 55449
City Slate Zip Code
Please type or print clearly above. This will be your
mailing label for returning the completed form.
I of Revenue before the
tayment to contractors.
6636955
Month/year work began
10/93
Mon(tr/year work ended
6/94
Total contract amount:
$182,662.50
Tale hone number Amount still due:
1612) 755-1888 $16,940.00
Did you have employees work on this project? Projectnumber: 1993 Bituminous Patch & Ove
If none, explain who did the work: Project localion:, various Streets —Lake Elmo
P-mi towner: City of Lake Elmo _
YES Address 3800 Laverne Ave. No.
Lake Elmo MN 55042
Check the box that describes your Involvement in the project and fill tit all information requested in that category:
® Sole contractor
❑ Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you:
❑ Prime Contractor If you subcontracted out any work on this project, all of your subcontracicrs must file their own
IC-134 affidavits and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had, fill in the business information below, and attach a copy
of each subcontractor's certified IC-134. (If you need more space, attach a separate sheet.)
Business name Address Owner/Officer
I declare that all information I have filled In on this form is true and complete to the best of my knowledge and belief. I authorise
he Depa Revenue to disclose pertinent Information relating to this project, including sending copies of this form,
lo_ e_prim contractor it m a subcontractor, and to any subcontractors_ if I am a prime contractor, and to the contracting agency.. _
-_-..- __- -......_ _.
Contractor's n. a Title Date
X_,L Yr e_ _ Controller 10/11/94
For certification, mail original and one copy to:
Minnesota Department of Revenue, Business Trust Tax Section
Mail Station 6610, St. Paul, MN 55146-6610
Certificate of Compliance with Minnesota Income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
{ 'fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from
wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
Date
OCT 14 1994
lay
Stock No. 5000134
a: Mr. Jess Mottaz
From: Sue Schiltgen Johnson
Chair, Heritage Preservation Commission
Subject: Open meeting violation allegations.
As our new liaison with the City Council, I would ask that you convey to
them my feelings with regard to the appalling events that took place at the
City Council meeting of Oct. 4, 1994.
The attached letter summarizes my feelings of the moment with regard to Mr.
Lee Hunt's allegations of Open Meeting violations against the Heritage
Preservation Commission and the handling of this situation by the council.
Without your having brought this to my attention (along with a friend who
saw this episode on cable T.V.) I would know nothing of these baseless
accusations. You see, I have yet to receive formal notice from city hall
of any such complaint or actions taken.
,�J� ,
Susan Johnson
v'
A'
DATE:10/28/94
TO: LAKE ELMO CITY COUNCIL
FROM: CHAIR, LAKE ELMO HERITAGE PRESERVATION COMMISSION-
SUBJECT: LEE HUNT'S ALLEGATIONS OF OPEN MEETING VIOLATIONS OF THIS
COMMISSION STATED AS FOLLOWS:
MONDAY, OCTOBER 3RD, 1994 WAS THE HERITAGE PRESERVATION COMMISSION'S
"REGULAR MEETING" DATE! WE HAVE BEEN MEETING ON THE 1ST MONDAY OF THE
MONTH SINCE ESTABLISHING THAT DATE SEVERAL MONTHS AGO. THE COURTS HAVE
PROVIDED GUIDANCE ON NOTICE REQUIREMENTS FOR "REGULAR" MEETINGS IN SULLIVAN
V. CREDIT RIVER: "NOTICE OF EACH INDIVIDUAL REGULAR MEETING NEED NOT BE
NA
CITIES STATE REQUIREMENTS AS FOLLOWS:
BOARD. FOR MOST CITIES, THAT MEANS CITY HALL."
THERE WAS NO PRE -ESTABLISHED AGENDA FOR THIS MEETING BECAUSE NEITHER \
COMMISSION MEMBERS, CITY STAFF, NOR THE PUBLIC HAD OFFERED ANY ITEMS IN
ADVANCE OF THE MEETING. THAT DOES NOT DETRACT FROM THE FACT THAT THE
COMMISSION MET, AS REQUIRED BY ORDINANCE, AND ESTABLISHED AN AGENDA AT THE
MEETING. THAT AGENDA WAS BASED ON A COUNCIL MANDATED ITEM THAT WAS
DELIVERED BY MAIL AND DISCOVERED BY ME THE EVENING OF OUR MEETING.
THERE HAVE BEEN NO STATUTORY VIOLATIONS NOR ANY VIOLATIONS OF CITY
CODE. THE STATE ATTORNEY GENERAL, IN ANY CASE, HAS HELD THAT OPEN MEETING
VIOLATIONS ARE NOT TORT MATTERS AND ARE THUS CONSIDERED CIVIL OFFENSES TO
BE BROUGHT TO THE COURT BY PRIVATE INDIVIDUALS. I BELIEVE THAT MR. HUNT,
WHO IS RUNNING FOR CITY COUNCIL THIS YEAR, AND CERTAIN MEMBERS OF THE CITY
COUNCIL AND CITY STAFF ARE MOTIVATED BY THEIR DESIRE TO PUBLICLY EMBARRASS
ME AS CHAIR OF THE H.P.C. AND DEFEAT ME IN THE UPCOMING ELECTION. LEE HUNT
AND THE COUNCIL MUST BE AWARE THAT IT UNLAWFUL TO PROFFER FALSE INFORMATION
THAT IS INTENDED TO DEFEAT MY CANDIDACY!
f WAS THIS INTENDED? I SEEMS SO TO ME! IT IS INTERESTING HOW QUICKLY
THIS COUNCIL COULD ACT ON THIS MATTER AT THE LAST COUNCIL MEETING: READING
.OUT AN UNSIGNED, UNVERIFIED (AS TO ISSUES AND ORIGINATOR) COMPLAINT
ASSERTED BY THE CITY ADMINISTRATOR TO HAVE BEEN SECRETLY SLIPPED UNDER HER
DOOR JUST PRIOR TO THE MEETING. THEN, TO ADD DRAMA FOR THE CAMERAS AND
PRESS, THE COUNCIL INSISTED ON INVESTIGATION BY THE WASHINGTON COUNTY
SHERIFF! ALL OF THIS WITHOUT PROVIDING FORMAL NOTIFICATION OF MYSELF OR
ANY OTHER MEMBERS OF THE H.P.C. THESE ACTIONS, SO PUBLICLY TAKEN, WERE IN
SPITE OF THE FACT THAT THE DATA PRACTICES ACT REQUIRES CLOSURE OF A MEETING
FOR PRELIMINARY CONSIDERATION OF ALLEGATIONS OR CHARGES AGAINST AN
INDIVIDUALS) SUBJECT TO COUNCIL AUTHORITY.
ON THE OTHER HAND, SEVERAL MONTHS AGO THE MAYOR RECEIVED
RECOMMENDATIONS FROM THE MINNESOTA STATE AUDITOR FOR INVESTIGATION OF
STATUTORY VIOLATIONS IN THE HANDLING OF CITY FUNDS BY THE CITY
ADMINISTRATOR YET HE DECIDED TO WITHHOLD ALL MENTION OF THAT FROM THE CITY
COUNCIL, AND I PRESUME THE CITY ATTORNEY, STATING THAT HE HAD SOME
DISCRETIONARY AUTHORITY TO DO SO. WITH THE EXCEPTION OF COUNCILMAN MOTTAZ,
EXPOSURE, AT THE SEP. 19 COUNCIL MEETING, OF THIS UNLAWFUL INACTION WAS
COMPLETELY IGNORED BY THE REST OF THE COUNCIL MEMBERS!
I DEMAND THAT MY RESPONSE BE ACCORDED THE SAME URGENCY AND PUBLICITY
AS THAT OF LEE HUNT'S ALLEGATIONS! FURTHER, I DEMAND THAT MY RESPONSE BE
MADE A PART OF ANY AND ALL RECORDS ESTABLISHED AS A RESULT OF MR. HUNT'S
SO-CALLED COMPLAINT! I RESERVE MY RIGHTS TO BRING ACTION AGAINST THE CITY
COUNCIL FOR ABRIDGING MY RIGHTS AND THOSE OF OTHER MEMBERS OF THE H.P.C.
UNDER THE DATA PRACTICES ACT AND MY RIGHT TO INSIST ON COUNTY ATTORNEY
INVESTIGATION OF CONSPIRATORIAL ACTION TO DEFEAT MY CANDIDACY FOR CITY
COUNCIL!
SUSAN L. JOHNSON
CHAIR, HERITAGE PRESERVATION COMMISSION
Since the City Council does not have time to discuss every point presented, it may appear that decisions
are preconceived. However, staff provides background information to the City Council on each agenda
item in advance; and decisions are based on this information and experiences. In addition, some items
may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to Appear Before
the City Council" form; or, if you came late, raise your hand to be recognized. Comments that are
pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before
a decision can be made.
AGENDA
LAKE ELMO CITY COUNCIL MEETING
October 18, 1994
6:00 p.m. Executive Session: Chuck Dayton regarding Olson Lake
Estates (Review of Plan Amendment by BOWSER)
7:00 p.m. Meeting Convenes
Pledge of Allegiance
1. Agenda
2. Minutes: October 4, 1994
3. Claims
4. Informational
A. John A. Franzen, Candidate for County Commissioner
District 2.
B. Other
S. Old Business
A. Update on proposed Annexation Legislation.
B. Ordinance 81- Disorderly Conduct
C. Ordinance 81- Curfew
D. Ordinance 81- Public Use Dedication
E. Other
6. Planning, Land Use & Zoning
A. Resolution 94- Stonegate Phase II
B. Recommendation from Parks Commission on
Trail on County Road 10
7. City Engineer's Report
A. Street Lights on Highway S.
B. Sidewalk replacement on Lake Elmo Ave. (Old Village)
C. 1993 Bituminous Patch and Overlay - Final Payment
to Bituminous Consulting & Contracting
D. Other
8. City Attorney's Report
A. Letter to City Council dated October 6, 1994 regarding
Actions taken at Council Meetings.
B. Other
9. City Council Resorts
A. Mayor John
B. Council member Conlin
C. Council member Johnson
D. Council member Johnston
E. Council member Mottaz
10. City Administrator's Report
A. Ski Grooming Contract with Washington County
B. Cable Franchise - Letter from White Bear Lake
C. Other
11. Adjourn