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Home My WebLink About05-07-96 CCMMINUTES APPROVED: May 21, 1996 LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 1. AGENDA 2. MINUTES: April 16, 1996 3. CLAIMS 4. PUBLIC INFORMATIONAL A. Public Inquiries B. Request from SBA, Inc. to install wireless telecommunications equipment on City Water Tower C. Letter from Sheriff Frank regarding Water Slalom Courses D. Update on Olson Lake Estates Outlet Project 5. CONSENT AGENDA A. Armstrong CUP amendment (postpone until May 21, 1996) B. Armstrong request for fence along common border of Torre Pines (postpone until May 21, 1996) C. On Sale Non -Intoxicating Malt Liquor License for Cimarron Pro Shop 6. CITY ENGINEER'S REPORT A. CSAH 13 Reconstruction (amendment to City's Cost) B. CSAH 13 Discussion on Assessments to benefiting property owners C. Define duties and role of the Public Works Citizen Committee D. Contract with TKDA for Public Works Facility E. Plans and Specifications for Section 33 Sewer 7. PARKIMAINTENANCE A. Parks Commission recommendation on St. Croix Sports Facility cost participation B. Parks Commission recommendation on deer hunt in Sunfish Park C. Review mower bids for Parks Department (and receive recommendation from MAC) 8. PLANNING, LAND USE & ZONING: A. Browns Creek WMO B. Isle Avenue Easement C. Recodification D. Request Staff/Council Workshop on 1-94 9. CITY ATTORNEY'S REPORT: A. Update on EAW Lawsuit B. Letter on Hammes Litigation 10. UNFINISHED BUSINESS: A. Clean -Up Day B. Effective Meeting Procedures C. Set Date for Council/Solid Waste Advisory Committee Joint Meeting 11. CITY COUNCIL REPORTS: C. Memo on Scientifically Controlled Resident Survey:Steve DeLapp 12. CITY ADMINISTRATOR'S REPORT LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 Mayor John called the council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, Conlin, John, Johnston, DeLapp, City Attorney Filla, City Engineer Bohrer, City Planner Terwedo and Administrator Kueffner. 1. AGENDA ADD: 4D. Update on Olson Lake Estates Project, 5B. Postpone to May 21, 1996, 11C. Memo on Resident Survey:Steve DeLapp M/S/P Johnston/DeLapp - to approve the May 7, 1996 City Council agenda as amended. (Motion passed 5-0). 2. MINUTES: April 16, 1996 M/S/P Johnston/Hunt - to approve the April 16, 1996 City Council minutes as amended, (Motion passed 5-0). 3. CLAIMS M/S/P Johnston/Conlin - to approve the May 7, 1996 Claims #4706 through #4755 as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONAL A. Public Inquiries Barb Haacke, 3646 Layton Avenue, reported the VFW is selling their ballfield for $75,000. She has talked to Lake Elmo Jaycees and Lions Club if they were interested in donating money to help purchase the ballfield. Barb asked if the City would be interested in such a proposal. The Council felt it was worth investigating, but questioned how would it be funded. Larry Bohrer commented that hearing the price the property owner feels the entire site is buildable, but it floods occasionally and is not 100% usable. M/S/P Hunt/Johnston - to direct the City Administrator to have the Parks Commission call a special meeting at their earliest convenience to discuss if there is any interest in a potential purchase by the City of the VFW ballfield. (Motion passed 5-0). Jim Blackford, 9765 45th St. N., stated when Joe Rogers had offered his property for sale, he asked the City Administrator to make a site visit of the Rogers property and he was turned down. When it came to the next meeting, there was negative findings against the site stating it was only half buildable. Also, Dan Olinger had traffic statistics against the proposed site. If the staff can work against the Rogers' site, then Mr. Blackford asks the City to also consider looking at the positive aspects of the site. Attorney Filla asked Mr. Blackford to submit a list of questions because of litigation involving the City. Mr. Blackford asked for guidance from the Council on a proposed landscaping business on approx. 10 acres of property owned by his father-in-law directly across from the proposed maintenance facility on the Bastion site. The facility would remain in character with the maintenance facility. Attorney Filla explained the City's procedure is to make application for a development proposal with sufficient data to make a decision. Ann Bucheck, 2301 Legion Avenue N., referred to the April 30, 1996 St. Gazette indicating the City is represented in a site selection task force to approve a study area 3 1/2 miles long by 1 mile wide for sewer along 1-94. This sewer study was not brought up during the MN Design Team visit. Mayor John explained the MN Design Team was not aware the City had applied to the Metropolitan Council for a study to be made for the potential of providing sewer facilities for the area to the east. Administrator Kueffner explained she was appointed to the site selection task force because the Met Co. suggested if we are interested in any sewer capacity for this 3 1/2 mile 1-94 study area, we had to let them know. The 1-94 study should be done in the next 6 months and then the different options will be discussed through the public hearing process. LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 3 Susan Dunn, 11018 Upper 33rd St., announced the growth options for the City are due to the Met Co. by July 1st, 1996. Is it time for the MN Design Team to come back and review the City's progress. Planner Terwedo responded that she has been trying to contact Dr. Merehoff to set a revisit date. Dunn said she was appalled by a City Council member's reaction to volunteers at the April 16th Council meeting and requests a personal apology. Why are volunteers not welcomed into our community? She is upset about this community and the financial irresponsibility that the Council seems to be taking and the disrespect for the people that live here and have worked so hard to make Lake Elmo special. Council member Conlin responded when it comes to being a volunteer she has been as much a volunteer in this City as a lot of people that are sitting here tonight. Conlin stated she had her reasons for responding to these individuals the way that she did. Mayor John responded that he added this proposal to the Council agenda. At the start of the meeting it would have been more appropriate for the subject to have been properly added to another City Council agenda. B. Request from SBA, Inc. to install wireless telecommunication equipment on City Water Tower The City received a memo from SBA, Inc. requesting permission to install antennas on the City Water Tower. The benefit to the City would be a payment of $6,000 a year with a 10% increase each year for 5 years. SBA would like the option for four-5 year lease options under the same payment structure. Dale Howey of SBA asked for City approval of an Entry and Testing Agreement so they could determine if the water tower is adequate for this. Attorney Filla reviewed this request and offered comments in his memo dated May 3, 1996. If SBA decides the water tower is adequate, Larry Bohrer would like more detail on the antenna and the mounting system. Mayor John indicated that this installation is an example of how a City's assets, in this case the water tower, could earn money for the City in permitting the use on a City property. M/S/P Hunt/Del-app - to approve the Entry and Testing Agreement with SBA, Inc., Wireless Communications Consultants, Edina Minnesota, to allow access to the water tower site to determine if the water tower is adequate for antenna installation and co-ordinate the access date with Public Works Supervisor, Dan Olinger. (Motion passed 5-0). C. Letter from Sheriff Frank regarding Water Slalom Courses The City received a letter from Washington County Sheriff, Jim Frank, suggesting a change in the County's permit process regarding water ski slalom courses. Under the County's new procedure before a water ski slalom course would be permitted, they would require the applicant to obtain written approval of the City in which the course is to be located. The City would issue such written approval only after they have complied with the open meeting law and reviewed public comment in the decision making process. The decision as to whether or not to issue a permit by law ultimately rests with the Sheriff's Office, but it will give strong consideration to the input from local government units. In Section 1455.06 Prohibited Structures and Uses of the City's Water Surface Use Rules stated: Subd 1. slalom courses, or other competition or exhibiting events are prohibited on any lake, unless specifically authorized by the City Council. The City has already done what Sheriff Frank has suggested. M/S/P Hunt/DeLapp - to direct the staff to send a response to Washington County Sheriff Frank stating that their request is already covered by Lake Elmo's Water Surface Use Ordinance. (Motion passed 5-0). D. VBWD - Olson Lake Estates Outlet Project City Engineer, Larry Bohrer, provided an update on the Olson Lake Estates Outlet Construction Project. The contractor encountered groundwater above the pipeline elevation in the southern portion of the Pebble Park area, where the park entrance meets Lake Jane Trail and also at the east end at the connection point. The construction procedure to remove this water is complete and remaining work is above the water table so there won't be a need for further dewatering. Mayor John pointed out that LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 4 neither VBWD or the contractor gave notification to residents or the school districts that the road was going to be to blocked. The generator used to power the pump to remove the water was causing the house opposite the generator to resonate and the houseowner hadn't been able to sleep for a number of days. Councilors Hunt and DeLapp received reports from the public that as the contractor is backfilling, this site is not being compacted and they have settling concerns. Driveways are also being blocked. Larry Bohrer will look into this and if he has to put an inspector out there to insure the integrity of the City's road he will. Public notification and City communication have not been set up the way it was explained in the beginning preconstruction meeting. Randy Peterson is considering taking some of the responsibility away from the contractor and dropping off a form letter at the homes notifying the resident that the following day the driveway will be restricted. Members, Hunt and DeLapp, remembered the - — - statement made at a meeting that one lane on Lake Jane was to be open at all times for traffic to get through and this has not been done. M/S/P John/Hunt - to instruct TKDA to have an inspector out on the Olson Lake Estates Outlet Project to insure the City's interest of the integrity of Lake Jane Trail and this will be a pass -through cost to the VBWD. (Motion passed 5-0). 5. CONSENT AGENDA A. Recommendation from Planning Commission on Armstrong request for CUP Amendment Tom and Jodi Armstrong have asked that this item be tabled until the May 21, 1996 meeting as they have an extensive tree planting schedule to meet. M/S/P Johnston/Hunt - at the request of the property owners, Council action on the Armstrong request for a Conditional Use Permit amendment shall be tabled until the May 21, 1996 meeting. (Motion passed 5- 0). B. Response from City Council following its on -site visit to the Armstrong/Torre Pines property regarding Armstrong's request for a fence along the common lot line. Tom and Jodi Armstrong have asked that this item be tabled until the May 21, 1996 meeting as they have an extensive tree planting schedule to meet. M/S/P Johnston/Hunt - at the request of the property owners, Council action on the Armstrong request for a fence along their common lot line with Torre Pines shall be postponed until the May 21, 1996 meeting. (Motion passed 5-0). C. On Sale Non -Intoxicating Malt Liquor License for Cimarron Pro -Shop The Pro -Shop, Cimarron Golf Course, has applied for renewal of their Non -intoxicating malt liquor "on - sale" license. A certificate of insurance has been submitted and the fee has been paid. M/S/P Johnston/Hunt - to grant an On -Sale Non -Intoxicating Malt Liquor License to the Pro Shop of the Cimarron Golf Course contingent upon approval by the Washington County Sheriff's Department. (Motion passed 5-0). 6. CITY ENGINEER'S REPORT A. CSAH 13 Reconstruction (Amendment to City's Cost) Washington County has received bids on the County Road 13 Reconstruction project. There was an increase of over $900 for the City's portion of the project. Our agreement with the County requires City approval of that increase. LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 5 M/S/P Hunt/Conlin - to approve an increase in the City's portion of the costs for County Road 13 reconstruction project from $36,102 to $37,043 based on the bids received by Washington County. (Motion passed 5-0). B. CSAH 13 Discussion on Assessments to benefiting property owners Larry Bohrer reported in his memo dated May 3,1996 that based on the amount of MSA dollars the City wished to contribute to this project, the amount to be assessed would range from $37,043.43 for no City participation to $21,506.43 for maximum City participation. The unit method of assessment is being recommended because the nature of the neighborhood is single family residential. The recently adopted assessment policy and the zoning code give guidance on how to determine benefiting property. These documents define the benefited side of a corner lot to be the short side. There are 12 assessable units as shown on the map attached to Bohrer's memo. The following assessment rates were given: If no City MSA participation, assessment rate equals: $37,043.43 - 12 lots + $3,086.95 If maximum City MSA participation, assessment rate equals: $21,606.43 - 12 lots = $1,792.20 per lot. Bohrer asked for guidance for the staff on how to determine assessable units, method of assessment and the amount of the assessment to help with notification of the public and how to present the information at the public hearing. M/S/P Hunt/Del-app - that the staff be directed to 1) apply the current City's assessment policy to the County Road 13 project improvement area using the dollar amounts if no City MSA participation and maximum City MSA participation, 2) recommend the rates for the 1996 assessments for zoning district, and 3) recommend changes that might be applicable to the city's assessment policy based on what we find out and return at the May 21 st meeting with figures and then based on this information the Council can decide to call a public hearing. (Motion passed 5-0). C. Define duties and role of the Public Works Citizen Committee The staff asked the Council for a clear definition of what the make up or the role of the Public Works Citizens Committee would be. Council member Hunt explained the MAC did appoint Dick Gustafson to sit on the Public Works Citizens Committee. Mr. Gustafson had looked at some concept sketches for the new facility and the general consensus was when costs and specifications are ready, the MAC would be more than happy to look at them. Larry Bohrer asked if the Committee will determine floor space? Council responded that the Committee should determine what equipment is intended to be stored in this building and this will establish the amount of floor space. Bohrer asked who makes up the advisory committee? All the MAC members, Council member DeLapp, City Planner, TKDA:Dean Johnson and Larry Bohrer, Public Works Supervisor. M/S/P Hunt/Johnston - to extend invitations to serve on the Public Works Citizens Committee: Jim Blackford, Melinda Petrellis, Jim Friend, Dennis Conlin, George Dege, Bruce Dunn (didn't know if he could make that commitment). (Motion passed 5-0). D. Contract with TKDA for Public Works Facility An Authorization for Professional Services for architectural design and engineering services for the new Public Works Facility was submitted by Dean Johnson, TKDA. A cost estimate of the building on the Berschen's site will be submitted next week. Bohrer understood the early goal was to do what was physically possible to try and have shelter for the winter. He tried to define the number of meetings, but LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 this is beyond their control. The $65,000 does include more than two meetings, but it doesn't include a protracted timeline. M/S/P Conlin/Johnston - to authorize TKDA to proceed with the professional services described in the letter and quotations from TKDA, dated March 27, 1996. (Motion passed 5-0.) E. Plans and Specifications for Section 33 Sewer Larry Bohrer reported the plans and specifications for this project are substantially complete and ready for Council review. Upon Council approval, Bohrer will send a copy to United Properties. Bohrer -- recommended that the Council authorize the advertisement for bids and set the receipt of bids for 10:00 a.m. on Friday, May 31, 1996. The bids will be reviewed at the June 4, 1996 Council meeting. The portion of Lake Elmo's forcemain that passes through Oakdale and the shared gravity sewer were bid as part of Oakdale's project to serve the area south of 4th Street. Oakdale is scheduled to award their contract on May 28, 1996. M/S/P Hunt/Conlin - to adopt Resolution No. 96-8, approving the plans and specifications for the Sanitary Sewer and Watermain Project in the SE 1/4 of Section 33 and to authorize the advertisement for bids with the bid opening set for May 31, 1996 at 10:00 a.m.: (Motion passed 5-0). 7. PARKS/MAINTENANCE A. Parks Commission recommendation on St. Croix Sports Facility cost participation At their April 15 meeting, the Parks Commission voted to pledge $6,000 from the Parks budget, each year for the next 10 years for the proposed Sports Complex and encouraged the City Council to dedicate the remaining amount ($5,660 per year) to equal $11,660 per year for 10 years, based on the Council's commitment to the Parks Commissions general fund allowance of $5,000 per year. It was emphasized that it was not a commitment, but a budget allocation subject to change. According to Finance Director Marilyn Banister, this project could raise the City's tax rate by 0.4 percent. Three Lake Elmo residents spoke in favor of the City committing funds. Bob Schoenrock, 6250 Jamaca Blvd. N., felt that Lake Elmo should support the project because local youth participate in recreational activities outside of Lake Elmo since the City does not have its own facilities. Ryan Martin, 32nd St. N., 14, is a hockey player and explained that the complex is necessary due to the crunch of available ice time and would provide a space for other sports like figure skating, soccer and track. Susan Dunn suggested that the City put an item in the newsletter requesting donations. Several Council members said they would personally like to see the complex built, but questioned the responsibility of government to fund a project beyond basic services. The Council felt it is a significant commitment based on little citizen input and felt more comfortable holding a referendum in November on whether the City should finance the multi -purpose sports complex. Residents living in school districts 622 and 832 would also vote and be affected by any change in the tax rate. Mike Polehna said waiting until November to hear about Lake Elmo's commitment won't kill the project, but said he was frustrated since the group is only soliciting 10 percent of the funds from communities. The majority of the funding will come from sports associations, businesses, and foundations. M/S/P Conlin/Hunt - to place a referendum question on November 5, 1996 ballot on whether the Lake Elmo residents should fund ($11,660 per year for 10 years) for the multi -purpose sports complex. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 B. Parks Commission recommendation on deer hunt in Sunfish Park Mike Polehna, Washington County Parks Director, explained he accompanied the DNR in a flight over the Park Reserve, Sunfish Park and the neighboring 3M property to count deer. They counted approximately 64 deer in Sunfish and 80 in the Park Reserve. The DNR believes the count is only 75% of the actual, and that a manageable herd is 75-100 deer for his area. Two years ago the Park Reserve sponsored a hunt and harvested 40 deer and would like to coordinate another harvest this year which includes Sunfish Park. He would coordinate the permits, training, and newspaper notification. The City would set up the zones in the park, notify the neighbors, post the perimeters (shot gun slugs only) and coordinate police and helpers. The City can choose how many hunters they want to allow in the park. At their April 15, 1996 meeting, the Parks Commission recommended the Council allow a deer hunt in Sunfish Park this year. Mike Bouthilet will set up the two zones and have a separate lottery for 8 (10 at the most) hunters who live in Lake Elmo. M/S/P HunUDeLapp - to approve a deer hunt in Sunfish Park this fall in conjunction with the deer hunt in the Regional Park Reserve coordinated by Mike Polehna, Washington County Parks Director, based on the recommendation of the Parks Commission at its April 15,1996 meeting and charge Mike Bouthilet to set up the two zones, a separate lottery for 8 (10 at the most) hunters who live in Lake Elmo and to work out the details with the representative of Washington County and bring back proposal to Council for approval. (Motion passed 5-0). C. Review mower bids for Parks Department (and receive recommendation from MAC.) Mike Bouthilet explained at the May 6th meeting, the MAC reviewed the bids for a new grass mower for the Parks Dept. in order to meet the deadline for participation under the MnDOT bidding process. Bouthilet recommended purchasing the Kabota 2560E from Polfus Implement based on performance of demo unit, record with other agencies and price. A motion was made by the MAC recommending that the low bid for the John Deere 935 under MnDOT contract be rejected based on the Parks Supervisor's statement that he did not feel the John Deere was as good a choice as the other mowers. The current City John Deere mower has high maintenance cost and poor performance due to its age and felt it should be in better shape. Further, that Mike demo the Jacobson and the Toro in the next two weeks and report back to the MAC at their May 20th meeting. M/S/P HunUDeLapp - to table this item until the May 21, 1996 City Council meeting in order to receive the MAC recommendation on mower. (Motion passed 5-0). 8. PLANNING, LAND USE & ZONING: A. Browns Creek WMO The attorney for Grant Township is asking the members of the Browns Creek WMO to support dissolving the WMO and establishing a watershed district. By establishing a District, the Cities would lose their individual representation on the board because a District would be set-up similar to both Valley Branch and South Washington County. A district would have taxing authority which would have those in the watershed pay for water related planning and public projects. Those in rural areas are paying the same price as those in urbanizing areas. The City is paying approximately $540 in 1996 as their annual payment to the WMO which is an increase of $200 since 1995. It is estimated to be over $1,000 in 1997 since the Watershed is updating their plan. City Planner Terwedo recommended that Brown's Creek remain a WMO with a joint powers authority and that if a taxing authority is established, the method for establishing a fair taxing policy take into consideration rural vs. urban areas and up stream vs. downstream land uses. M/S/P DeLapp/Conlin - to direct the City Planner to write a letter on behalf of the City expressing her recommendations to the Browns Creek WMO. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 8 B. Isle Avenue Easement The Council received a copy of a quit claim deed dated August 18,1983 giving the City a 66 foot wide tract of land for public road purposes. This land was conveyed to the City by the Springborn's when Springborn Green Acres was platted. This deed reserves to the Grantors (the Springborn's) the right to have all of the land so conveyed revert to them, their heirs, in the event said public road is ever vacated. Gaylen Springborn's recollection of why they included this provision was that at the time of platting Springborn's Green Acres, this parcel was a separate parcel of record on which they were paying taxes, but was of no benefit to their farming operation. With the completion of Springborn's Green Acres 2nd Addition, the land would be of no benefit to the Springborn's because they are no longer farming the area that was developed. Because the land is of no use or benefit to the Springborn's, they are willing to sign the appropriate document to remove that stipulation. If this was done, it would mean that if the land was ever vacated, it would be split down the middle and conveyed to the adjacent property owners. M/S/P Hunt/Johnston - to direct the City Attorney to draft the appropriate document to amend the language of the quit claim deed dated August 18, 1983 to exclude the provision that the land would be conveyed back to the Springborn's should it ever be vacated. (Motion passed 5-0), C. Recodification Administrator Kueffner reported the complete draft of the code, recodified, is half copied and will be distributed to the Council as soon as it is finished. Kueffner will also include a memo outlining the changes that were made by the League, the Council, and herself. M/S/P Hunt/John - to direct the staff to proceed with distribution of the draft code, recodified, for a two week review by the Council, and then place on Council agenda to make the decision as to what the best method would be for reviewing the draft code. (Motion passed 5-0). D. Request staff/Council workshop on 1-94 Planner Terwedo provided the first section of the work program and have identified 19 issues . Council suggested proceeding with TASK III first to determine impacts which will help formulate the goals and objectives. M/S/P Conlin/Hunt - to set up a workshop for May 22, 1996, 6 p.m., on the 1-94 Corridor. (Motion passed 5-0). 9. CITY ATTORNEY'S REPORT A. Update on EAW Lawsuit Attorney Fiila explained the Appellate Court has discharged the Writ for a request for an EAW on the Berschen property. When the City receives approval of the Comp Plan Amendment by the Met. Co. the rezoning will become effective and the City can proceed with the purchase and the development of the Berschen site. B. Letter on Hammes Litigation Attorney Fills handed out a memo dealing with the status of the Hammes case, and the Council will need to discuss this case at a meeting in the near future. M/S/P Johnston/Hunt - to set up an executive session for May 21, 1996 at 6 p.m. to discuss the Hammes Litigation. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 10. UNFINISHED BUSINESS: A. Clean -Up Day Administrator Kueffner is working with John Maroney on the possibility of having a clean-up day at the Washington County Fairgrounds or the parking lot at Sunfish Park. When the details have been confirmed, this information will be provided to the Council. B. Effective Meeting Procedures Administrator Kueffner had several Saturdays for the Council to chose from for attendance at the -- Effective Meeting Procedure Seminar. C. Set date for Council/Solid Waste Advisory Committee Joint Meeting Administrator Kueffner will set a date for Council/Solid Waste Advisory Committee Joint meeting during the last week in May when Attorney Filla could attend to discuss organized collection. 11. CITY COUNCIL REPORTS: Mayor John bowled on Mayor Barb O'Neil's Dream Team against Stillwater Chamber of Commerce in aid of the Bowl for Kid's Sake program. On April 23 he attended the Lake Elmo Firemen's recognition dinner at Tartan Park. On March 30 Councilors Conlin, DeLapp and Johnston with the Mayor attended a discussion on intergrovernmental relationships with Washington County Commissioners, City Officers, Township Board members, Senator Len Price and Representative Peg Larson. The consensus was that such meetings would be beneficial and July 30th would be the date of the next meeting. Councilman DeLapp provided a memo for a possible agenda item for a council meeting:"Scientifically Controlled Resident Survey". Administrator Kueffner, with the help of the City Planner, will pull resources (has a book on surveys) together and come back with information. Councilman Hunt asked for Council consideration on scheduling the second Tuesdays of every month as standing workshop meeting for a 6 month period. He will come back to the Council with a proposal for a small computer committee to be formed initially with a staff person, council member and a resident at large to look at the future of computerization within the City.. 12. CITY ADMINISTRATOR'S REPORT: M/S/P DeLapp/Hunt -to adjourn the council meeting at 11:10 p.m. (Motion passed 5-0). Resolution No, 96-8 Approving the plans and specifications for the Sanitary Sewer and Watermain Project in the SE 1/4 of Section 33 and authorize the advertisement for bids JOINT MEETING CITY COUNCIUMAINTENANCE ADVISORY COMMITTEE AGENDA TG,n 7k� 20; 1996 7:00 p.m. MEETING CONVENES (City Hall) 1. AGENDA 2. Meeting with City Council to discuss Maintenance Facility 3 . Adj ourn LAKE ELMO MAINTENANCE ADVISORY COMMITTEE 1. AGENDA 2. MINUTES: 5-6-96 3. Parks and Rec.Dept. Mower: Mike Bouthilet 4. Purchasing Policy 5. General Discussion on Equipment Replacement:Dick Sachs 6. Other 7. Adj ourn Mayor's Report May 7,1996 On Friday, April 19, I bowled on Mayor Barb O'Neil's Dream Team against Stillwater Chamber of Commerce in aid of the Bowl for' Kid's Sake program. The result is still in doubt, but it was an enjoyable, though frustrating, personal experience. On Tuesday April 23, I attended the Lake Elmo Firemen's recognition dinner at Tartan Park. It was a good turn out, emceed by Doug Pepin. It was an event hosted by Tartan Park in thanks for the support of the volunteer firemen in providing fire protection to their facility. Their hospitality was much appreciated. On March 30, Councillors Conlin, Delapp, Johnston and I attended a discussion on intergovernmental relationships with Washington County Commissioners, and other Washington City Officers and Township Board members. Senator Len Price and Representative Peg Larson were also present. Mutual issues, such as Water Management, Property Tax Reform, and Waste Management - were identified. The consensus was that such meetings would be beneficial and that the fifth Tuesday in a month would be the selected dates when most organizations would be free. So, July 30 would be the date of the next meeting. MAY 7, 1996 LAKE EL11O COUNCIL MEETING List of Claims for Approval For the period 05103196 to 05/03/96 05103/96 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT NEOICA HEALTH PLANS MAY INSURANCE PREMIUM 05/03/96 4705 3,268.24 108-41500-130 2,257.88 100-42400-130 261.60 100-43100-130 748.76 MINN. BENEFIT ASSN. MAY INSURANCE PREMIUM 06/03196 4757 665.43 100-41500-130 72.12 100-43100-130 593.31 ALLIED GROUP INSURANCE TRUST MAY INSURANCE PREMIUM 05/03196 4758 *62.82 100-41500-13B 34.17 100-42400-130 15.10 180-43100-130 13.55 AMERICAN MEDICAL SECURITY MAY INSURANCE PREMIUM 05/03196 4709 314.09 100-41500-130 179.00 100-42490-130 32.05 100-43100-130 103.90 UNITED WISCONSIN GROUP . MAY INSURANCE PREMIUM 05103/96 4710 456.91 100-41510-130 239.99 100-42400-130 48.49 100-43100-130 167.43 AMERICAN LINEN SUPPLY BLOC MAINT 05/03196 4711 48.81 100-41500-400 48.81 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES 05/03196 4712 49.15 100-41500-200 49.15 STILLWATER GAZETTE LEGAL PUBLICATIONS 05/03/96 4713 362.09 150-41500-351 362.09 D.C. KEY CO. COPY MACHINE MAINT & SUPPLIES 05/03196 4714 977.40 100-41500-200 977.40 WASHINGTON COUNTY TREAS. ASSMNT & TRUTH-N-TAXATION FEES 05/03/96 4715 774.08 100-41500-200 771.00 j'4NEY'S SERVICE INC OFFICE & PUBLIC WORKS DUMPSTER EXP 05/03196 4716 171.51 100-41500-400 57.63 tt 100-43100-223 113.98 WASHINGTON COUNTY TREAS. WASTE MANAGEMENT - 11 CITY PARCELS 05/03196 4717 829.52 100-43200-317 829.52 F.X,L „ INC. ASSESSOR MONTHLY PAYMENT 05/03/96 4118 1,400.00 100-41550-300 1,400.00 TKOA MARCH ENGINEERING 05/03/96 4719 10,709.55 109-41930-300 4,871.12 100-41930-300 5,536.06 803-41930-300 308.37 JUNKER LANDFILL TRUST ESCROW FUNDING REQUEST # 5 06/03/96 4720 219,00 100-41600-300 219.00 MICHAEL SMITH APRIL ANIMAL CONTROL OFFICER & CAR 05153/96 4721 993.00 100-42700-110 825,00 100-42700-415 168.00 ELNO'S LUMBER & PLYWOOD FIRE & PARKS SUPPLIES 05103196 4722 68.98 100-42200-401 33,59 100-45200-219 35.39 LAKE ELMO OIL APRIL FUEL PURCHASES 05/03196 4723 930,29 100-422.00-212 277.79 100-42400-331 49.50 160-43100-212 653.00 U. S. WEST APRIL TELEPHONE 05103/96 4724 506.00 100-41500-320 269.25 100-42200-320 84.54 100-43100-320 98.37 160-46200-320 53.84 A T & T APRIL TELEPHONE 05103196 4725 109.23 100-41509-320 98.63 100-43100-320 5.30 100-45200-320 5.30 ASTLEFORD EQUIPMENT CO. FIRE DEPT EQUIP REPAIR 05J03/96 4726 310.95 100-42200-220 310.95 JOHN BUCKLEY FIRE DEPT EQUIPMENT REPAIR 05103/96 4727 78.00 100-42200-220 78.00 KRS CORPORATION FIRE DEPT BADGES & DECALS 05/03196 4728 269.93 100-42200-217 269.98 MN FIRE SERVICE CERTIFICATION BO. FIREFIGHTER 1 TEST 05103/96 4729 35,00 100-42200-207 35.00 ( T WIRELESS SERVICES FIRE DEPT PAGERS 05103/96 4730 11.21 100-42280-320 11.21 P�rcN MILLS FIRE DEPT CLOTHING ALLOW 05103/96 4731 75.00 100-42200-218 75.00 APOLLO HEATING FIRE HALL 11 FURNACE REPAIR 05103196 4732 529,00 100-42200-401 529.00 CLAREYIS SAFETY EQUIPMENT FIRE DEPT SUPPLIES 05103/96 4733 466.90 100-42209-217 456.90 KAISER MFG CO. FIRE DEPT SUPPLIES 05/03/96 4734 10.00 100-42200-217 10.00 NORTH STAR INTERNATIONAL TRUCK FIRE DEPT EQUIPMENT REPAIR 05/03/96 4735 80.77 100-42200-220 86.77 JANES SACHS MARCH & APRIL RUN REPORTS 05/03/96 4736 132.50 100-42200-200 132.50 INT'L CONF.OF BLDG.OFFICIALS BLOC INSP ANNUAL DUES 05/03196 4737 85.00 100-42400-201 85,00 MAY 7th CLAIMS - Page 2 List of Claims for Approval For the period 05/03/96 to 05103/96 05/03195 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT INT'L CONF,OE BLOG.OFFICiALS BLDG INSP UNIFORM BLDG CODE 43 05/03196 4738 54.95 100-42400-207 54.95 P46ENET PUBLIC WORKS PAGERS 05/03196 4739 17.57 100-43100-320 17,67 VIKING SAFETY PRODUCTS PUBLIC WORKS SUPPLIES 06103/96 4740 $8.26 100-43100-223 58,26 ZACK'S-IHCORPORATEO PUBLIC WORKS SUPPLIES 05103/96 4741 119.28 100-43108-223 119.28 GLENWOOD INGLEWOOD PUBLIC WORKS SUPPLIES 05/03196 4742 12.60 100-43100-223 12,60 NORTHERN PUBLIC WORKS SUPPLIES 05/03/96 4743 71.27 100-43100-224 71.27 SUNRAY 8-T-B PUBLIC WORKS EQUIPMENT REPAIR 05/03196 4744 118.20 100-43100-221 118,20 T.A. SCNIFSKY G SONS STREET REPAIR 651@3196 4745 21.25 100-43100-417 21.25 MENARDS PUBLIC WORKS SUPPLIES 05/03/96 4746 146.19 100-43100-223 146.19 BAUER BUILT, INC, PUBLIC WORKS EQUIPMENT REPAIR 05/03/96 4747 196.17 100-43100-221 196.17 GENERAL TIRE PUBLIC WORKS EQUIPMENT REPAIR 05103196 4748 19.09 100-43109-221 19.00 GLOBE AMERICAN TOOL SUPPLY PUBLIC WORKS SUPPLIES 05/03/96 4749 163.34 108-43100-223 163.34 NORTH STAR TURF, INC. PARKS SUPPLIES 05j03/96 4750 207.68 100-45200-219 207.68 SCHUMACHER'S INC. PARKS SUPPLIES 05103/96 4751 76.60 100-45200-219 76.50 ITASCA GREENHOUSE, INC, PARKS SUPPLIES 05103/96 4752 84.75 100-45200-219 84.75 CAPITOL SUPPLY CO. SEWER FUND REPAIR 05/03/96 4753 52.71 602-49450-210 52.71 TRI STATE SEWER FUND PUMP REPAIR 06103196 4754 84.36 602-49458-219 84.36 SCHLONKA SERVICES, INC. SEWER FUND -PUMP LIFT STATION 05/03196 4755 100.00 602-49450-210 190.00 TOTAL FOR MONTH 26,593.32 26,593.32 TOTAL YEAR TO DATE 26,593.32 26,593.32 INVOICE fil _, TKT A MAY 3 1996 TOLTZ, KING, DUVALL, ANDERSON DA rl-n( ^r edit'- Eel?CIE? AND ASSOCIATES, INCORPORATED i ENGINEERS • ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 56101-2140 PHONE:6121292-4400 FAX:612/292-0063 CITY OF LAKE ELMO Date: April 30, 1996 3800 LAVERNE AVENUE NORTH Commission No: 09150-969 LAKE ELMO MN 55042 Invoice No: 033500 Period Ending: 03/31/96 For Professional Services in connection with the Attendance at City Meetings. City of Lake Elmo Letter of Authorization dated January 6, 1996. March 4, 1996 March 19, 1996 113 JUcJ�.l�'!l✓ ''' 1 0,y�q3� 3 T. Prew - City Council Meeting 100.00 L. Bohrer - City Council Meeting 100.00 AMOUNT DUE ........................... $ 200.00 2-- SS 30. ,f3 3 ° 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 T'-, I . &o�� rlunity Employer INVOICE REQEWFED MAY 31996 TKDA / TOLTZ, KING, DUVALL, ANDE RSON CIiY (lf= 9 APf AND ASSOCIATES, INCORPORATED r- giN ENGINEERS • ARCHITECTS • PLANNERS 1600 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:612@92-4400 FAX:612/292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Date: April 30, 1996 Commission No: 09150-960 Invoice No: 033499 Period Ending: 03/31/96 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. Lake Elmo Elementary School - Evaluate Site Plan for Drainage, Review Access, Computations Letter to Council: L. Bohrer 2.75 Hrs, @ 33.46 = 92.02 x 2.75 = 253.06 Expenses: L. Bohrer - Travel N-`OV 2. Rehbein Excavating - Meeting Re: - Proposal for Husnik Property, Permit: L. Bohrer 3.00 Hrs. @ 33.46 = 100.38 x 2.75 = 276.05 - -- Expenses: L. Bohrer - Travel 9.30 3. Olson Lake Estates Pond Outlet - Attend Preconstruction Meeting, Review Agreement w/Filla: L. Bohrer 6.25 Hrs. @ 33.46 = 209.13 x 2.75 = 575.11 Expenses: L. Bohrer - Travel 10.85 4. State Aid Update:_ S. Hartley 0.50 Hrs. @ 15.14 = 7.57 x 2.75 = 20.82 5. Cluster Development Standards - Infiltrator Information, Discuss Standards w/Ann and Roger Johnson, Septic standards, Letter to Planner: L. Bohrer 4.50 Hrs. @ 33.46 = 150.57 x 2.75 = 414.07 An Equal Opportunity Employer PAGE 2 INVOICE Comm. No. 09150-960 6. Ranson Architects - Information Re: BroQkman Addition: L. Bohrer 0.50 Hrs. @ 33.46 = 16.73 x 2.75 = 46.01 7. Beaut Crest - Water Turn -on for Model Home: P L. Bohrer 0.50 Hrs. @ 33.46 = 16.73 x 2.75 = 46.01 8. MCES - Discuss Meetina w/Marv: L. Bohrer 0.50 Hrs. @ 33.46 = 16.73 x 2.75 = 46.01 9. Street Utility - Review Authority to Establish w/Filla: L, Bohrer 0.50 Hrs. @ 33.46 = 16.73 x 2.75 = 46.01 10. CSAH 13 Plan and Agreement Review, Discuss Use of MSA Funds for City Share: L. Bohrer 0.75 Hrs. @ 33.46 = 25.10 x 2.75 = 69.03 State of Minnesota ) ss County of Ramsey ) AMOUNT DUE ........................ $ 1,821.63 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 Aprir-�O, 1996. (- l� TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED inm runuG-ndiWRkSU RAMSEY COUNTY COMM. Expires Jan. 3I. 2 6 E�i E QED TKT A MAY 3 1996 �/�i II1�`�V7DICE TOLTZ, KING, DUVALL; ANDERSON I` CITY IN L/*(F Fi Rnn AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 55101-2140 6121292-4400 FAX: 612/292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: April 30, 1996 Commission No: 11098-01 Invoice No: 033529 Period Ending: 03/31/96 For Professional Services in connection with the Public Works Maintenance Building. Verbal Authorization to Proceed received from Mr. Wyn John on February 28, 1996. Parts I & II -Prelim Des/Plans & Specs (11098-01): Personnel: Classification: Billinu Rate: C. Rylander Engineering Specialist 8.00 Hrs. @ 49.03 = 392.24 R. Gray Registered Architect 4.00 Hrs. @ 58.14 = 232.56 D. Johnson Senior Registered Archi 14.00 Hrs. @ 86.63 = 1,212..82 L. Bohrer Senior Registered Engin 7.50 Hrs. @ 92.02 = 690.15 S. Olson Technician 8.00 Hrs. @ 38.47 = 307.76 M. Greenlund Technician 6.50 Hrs. @ 42.35 = 275.28 Reimbursable Expenses: ALBINSON - Reprod/Reprogr 19.86 Craig V. Rylander - Travel 27.19 AMOUNT DUE ................................. $ 3,157.86 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 Apry-1)30, 19-15, TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED An Equal Opportunity Employer TKDA INVOICE TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA q� pa �g RIECOVED 444 CEDAR STREET SAINT PAUL, MN 55101-2140 6121292-4400 FAX: 612/292-0083 MAY 3 1996 CITY OF LAKE ELMO - CITY OR LAKE ELMO Date: April 30, 1996 3800 LAVERNE AVENUE NORTH Commission No:-10947-01 - - -- LAKE ELMO, MN 55042 Invoice No: 033521 Period Ending: 03/31/96 For Professional Services in connection with the SE 1/4 Section 33 Trunk Utilities. Authorization approved at Regular City Council Meeting on April 18, 1995. Plans Phase (10947-01): Personnel: Classification: Billina Rate: R. Jackson Engineering Specialist 65.00 Hrs. @ 58.71 = L. Bohrer Senior Registered Engin 11.50 Hrs. @ 92.02 = Reimbursable Expenses: Computer Service Fee - Computer Services AMOUNT DUE ................................. $ State of Minnesota ) ss County of Ramsey 3,816.15 1,058.23 655.68 5,530.06 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 Apr30,, 1996-, nNm MULlu ' W1'1"rauin RAMSEY COUNTY Comm. Exolres Jan. 91..Z. to TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED An Equal Opportunity Employer April 3, 1996 Group Member: Mr. Jerome P. Filla City of Lake Elmo Peterson, Fram & Bergman Suite 300 50 East Fifth Street St. Paul, MN 55101 JLP Invoice #00115 INVOICE JUNKER LANDFILL TRUST Funding Request No.: 45 Amount Due: 2$19.00 ------------------------------ Payment due upon receipt Make check payable to: Junker Landfill Trust Escrow Send to: Junker Landfill Trust C/O Wenck Associates, Inc 1800 Pioneer Creek Ctr. P.O. Box 428 Maple Plain, MN 55359 Tax Identification Number: 41-6407725 Environmental Engineers � Wenck April 3, 1996 Mr. Jerome P. Filla City of Lake Elmo Peterson, Frain & Bergman Suite 300 50 East Fifth Street St. Paul, MN 55101 Re: Junker Landfill Trust Funding Request 45 Dear Mr. Filla: Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 428 Maple Plain, MN 55359-0428 (612) 479-4200 Fax (612) 479-4242 E-mail wenckmpawenck.com Attached is Junker Landfill Trust's invoice for your allocated share for Funding Request 45. The funding request is based on your entity's volumetric percentage presented in TLI's final allocation currently being published, and an estimated budget of $320,000. The TLI final allocation report will be fowarded to you upon receipt. The funding request issued in September 1995 was intended to fund the Group through the end of 1995, but was actually able to get us through February 1996. This fifth funding request is intended to fund the Group through June 1996. A cash flow estimate for the months March through June 1996 is attached (see Attachment D of the Progress Report). This reflects my best judgment given the current status of various issues. Your payment is due to the Junker Landfill Trust Escrow upon receipt. A progress report is attached summarizing the activities since the last funding request in September 1995. The funding is necessary to carry out the Trust's activities as described in the attached Junket Landfill Trust Progress report. If you have questions, please call me at (612) 479-4204. Sincerely, WENCK ASSOCIATES, INC. C J� h _. Grabowski ve Vice President/Project Manager JJG:rlb Attachments LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 1. AGENDA 2. MINUTES: April 16, 1996 3. CLAIMS 4, PUBLIC INFORMATIONAL A. Public Inquiries B. Request from SBA, Inc. to install wireless telecommunications equipment on City Water Tower C. Letter from Sheriff Frank regarding Water Slalom Fourses D. Update on Olson Lake Estates Outlet Project i 5. CONSENT AGENDA A. Armstrong CUP amendment (postpone until May 21, 1996) B. Armstrong request for fence along common border of Torre Pines (postpone until May 21, 1996) C. On Sale Non -Intoxicating Malt Liquor License for Cimarron Pro Shop 6. CITY ENGINEER'S REPORT A. CSAH 13 Reconstruction (amendment to City's Cost) B. CSAH 13 Discussion on Assessments to benefiting property owners C. Define duties and role of the Public Works Citizen Committee D. Contract with TKDA for Public Works Facility E. Plans and Specifications for Section 33 Sewer 7. PARK/MAINTENANCE A. Parks Commission recommendation on St. Croix Sports Facility cost participation B. Parks Commission recommendation on deer hunt in Sunfish Park C. Review mower bids for Parks Department (and receive recommendation from MAC) 8. PLANNING, LAND USE & ZONING: A. Browns Creek WMO B. Isle Avenue Easement C. Recodification D. Request Staff/Council Workshop on 1-94 9. CITY ATTORNEY'S REPORT: A. Update on EAW Lawsuit B. Letter on Hammes Litigation 10. UNFINISHED BUSINESS: A. Clean -Up Day B. Effective Meeting Procedures C. Set Date for Council/Solid Waste Advisory Committee Joint Meeting 11. CITY COUNCIL REPORTS: C. Memo on Scientifically Controlled Resident Survey:Steve DeLapp 12. CITY ADMINISTRATOR'S REPORT LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 2 Mayor John called the council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, Conlin, John, Johnston, DeLapp, City Attorney Filla, City Engineer Bohrer, City Planner Terwedo and Administrator Kueffner. 1. AGENDA ADD: 4D. Update on Olson Lake Estates Project, 5B. Postpone to May 21, 1996, 11 C. Memo on Resident Survey:Steve DeLapp M/S/P Johnston/DeLapp -to approve the May 7, 1996 City Council agenda as amended. (Motion passed 5-0). 2. MINUTES: April 16, 1996 M/S/P Johnston/Hunt - to approve the April 16, 1996 City Council minutes as amended. (Motion passed 5-0). 3. CLAIMS M/S/P Johnston/Conlin - to approve the May 7, 1996 Claims #4706 through #4755 as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONAL A. Public Inquiries Barb Haacke, 3646 Layton Avenue, reported the VFW is selling their ballfield for $76,000. She has talked to Lake Elmo Jaycees and Lions Club If they were interested in donating money to help purchase the ballfield. Barb asked if the City would be interested in such a proposal. The Council felt it was worth investigating, but questioned how would it be funded. Larry Bohrer commented that hearing the price the property owner feels the entire site is buildable, but it floods occasionally and is not 100% usable. M/S/P Hunt/Johnston - to direct the City Administrator to have the Parks Commission call a special meeting at their earliest convenience to discuss if there Is any interest in a potential purchase by the City of the VFW ballfield. (Motion passed 5-0). Jim Blackford, 9765 45th St. N., stated when Joe Rogers had offered his property for sale, he asked the City Administrator to make a site visit of the Rogers property and he was turned down. When it came to the next meeting, there was negative findings against the site stating it was only half buildable. Also, Dan Olinger had traffic statistics against the proposed site. If the staff can work against the Rogers' site, then Mr. Blackford asks the City to also consider looking at the positive aspects of the site. Attorney Filla asked Mr. Blackford to submit a list of questions because of litigation involving the City. Mr. Blackford asked for guidance from the Council on a proposed landscaping business on approx. 10 acres of property owned by his father-in-law directly across from the proposed maintenance facility on the Bastion site. The facility would remain in character with the maintenance facility. Attorney Filla explained the City's procedure is to make application for a development proposal with sufficient data to make a decision. Ann Bucheck, 2301 Legion Avenue N., referred to the April 30, 1996 St. Gazette indicating the City is represented in a site selection task force to approve a study area 3 1/2 miles long by 1 mile wide for sewer along 1-94. This sewer study was not brought up during the MN Design Team visit. Mayor John explained the MN Design Team was not aware the City had applied to the Metropolitan Council for a study to be made for the potential of providing sewer facilities for the area to the east. Administrator Kueffner explained she was appointed to the site selection task force because the Met Co, suggested if we are interested in any sewer capacity for this 3 1/2 mile 1-94 study area, we had to let them know. The 1-94 study should be done in the next 6 months and then the different options will be discussed through the public hearing process. LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 Susan Dunn, 11018 Upper 33rd St., announced the growth options for the City are due to the Met Co. by July 1st, 1996. Is it time for the MN Design Team to comeback and review the City's progress. Planner Terwedo responded that she has been trying to contact Dr. Merehoff to set a revisit date. Dunn said she was appalled by a City Council member's reaction to volunteers at the April 16th Council meeting and requests a personal apology. Why are volunteers not welcomed into our community? She is upset about this community and the financial irresponsibility that the Council seems to be taking and the disrespect for the people that live here and have worked so hard to make Lake Elmo special. Council member Conlin responded when it comes to being a volunteer she has been as much a volunteer in this City as a lot of people that are sitting here tonight. Conlin stated she had her reasons for responding to these individuals the way that she did. Mayor John added that he added this proposal to the council agenda. It would have been more appropriate with the number of people who were in attendance waiting for other items to have been properly added to the City Council agenda. B. Request from SBA, Inc. to install wireless telecommunication equipment on City Water Tower The City received a memo from SBA, Inc. requesting permission to install antennas on the City Water Tower. The benefit to the City would be a payment of $6,000 a year with a 10% increase each year for 5 years. SBA would like the option for four-5 year lease options under the same payment structure. Dale / Howey of SBA asked for City approval of an Entry and Testing Agreement so they could determine if the I/ water tower is adequate for this. Attorney Filia reviewed this request and offered comments in his memo dated May 3, 1996. If SBA decides the water tower is adequate, Larry Bohrer would like more detail on the antenna and the mounting system. M/S/P Hunt/DeLapp - to approve the Entry and Testing Agreement with SBA, Inc., Wireless Communications Consultants, Edina Minnesota, to allow access to the water tower site to determine if the water tower is adequate for antenna installation and co-ordinate the access date with Public Works Supervisor, Dan Olinger. (Motion passed 5-0). C. Letter from Sheriff Frank regarding Water Slalom Courses The City received a letter from Washington County Sheriff, Jim Frank, suggesting a change in the County's permit process regarding water ski slalom courses. Under the County's new procedure before a water ski slalom course would be permitted, they would require the applicant to obtain written approval of the City in which the course is to be located. The City would issue such written approval only after they have complied with the open meeting law and reviewed public comment into the decision making process. The decision as to whether or not to issue a permit by law ultimately rests with the Sheriff's Office, but will give strong consideration to the input from local government units. In Section 1455.06 Prohibited Structures and Uses of the City's Water Surface Use Rules stated: Subd 1. slalom courses, or other competition or exhibiting events are prohibited on any lake, unless specifically authorized by the City Council. The City has already done what Sheriff Frank has suggested. M/S/P Hunt/DeLapp - to direct the staff to send a response to Washington County Sheriff Frank stating that this is already covered by Lake Elmo's Water Surface Use Ordinance. (Motion passed 5-0). D. VBWD - Olson Lake Estates Outlet Project City Engineer, Larry Bohrer, provided an update on the Olson Lake Estates Outlet Construction Project. The contractor encountered groundwater above the pipleline elevation in the southern portion of the Pebble Park area, where the park entrance meets Lake Jane Trail and also at the east end at the connection point. The construction procedure to remove this water has been completed and are up above the water table so there won't be a need for dewatering any more. Mayor John pointed out that neither VBWD or the contractor gave notification to residents or the school districts that the road was going to be to blocked. The generator used to power the pump to remove the water was vibrating the LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 4 house opposite the pipe and the lady hadn't been able to sleep for a number of days. Councilors Hunt and DeLapp received reports from the public that as the contractor is backfilling, this site is not being compacted and have settling concerns. Driveways are also being blocked. Larry Bohrer will look into this and if he has to put an inspector out there to Insure the integrity of the city's road he will, Public notification and City communication have not been set up the way it was explained in the beginning preconstruction meeting. Randy Peterson is considering taking some of the responsibility away from the contractor and dropping off a form letter at the home notifying the resident that the following day the driveway will be restricted. Members, Hunt and DeLapp, remembered the statement made at a meeting that one lane on Lake Jane was to be open at all times for traffic to get through and this has not been done. M/S/P John/Hunt - to instruct TKDA to have an inspector out on the Olson Lake Estates Outlet Project to insure the City's interest of the integrity of Lake Jane Trail and this will be a pass -through cost to the VBWD. (Motion passed 5-0). 5. CONSENT AGENDA A. Recommendation from Planning Commission on Armstrong request for CUP Amendment Tom and Jodi Armstrong have asked that this item be tabled until the May 21, 1996 meeting as they have an extensive tree planting schedule to meet. M/S/P Johnston/Hunt - at the request of the property owners, Council action on the Armstrong request for a Conditional Use Permit amendment tabled until the May 21, 1996 meeting. (Motion passed 5-0). B. Response from City Council following its on -site visit to the ArmstronglTorre Pines property regarding Armstrong's request for a fence along the common lot line. Tom and Jodi Armstrong have asked that this item be tabled until the May 21, 1996 meeting as they have an extensive tree planting schedule to meet. M/S/P Johnston/Hunt - at the request of the property owners, Council action on the Armstrong request for a fence along their common lot line with Torre Pines be postponed until the May 21, 1996 meeting. (Motion passed 5-0). C. On Sale Non -Intoxicating Malt Liquor License for Cimarron Pro -Shop The Pro -Shop, Cimarron Golf Course, has applied for renewal of their Non -intoxicating malt liquor "on - sale" license. A certificate of insurance has been submitted and the fee has been paid. M/S/P Johnston/Hunt - to grant an On -Sale Non -Intoxicating Malt Liquor License to the Pro Shop of the Cimarron Golf Course contingent upon approval by the Washington County Sheriff's Department. (Motion passed 5-0). 6. CITY ENGINEER'S REPORT A. CSAH 13 Reconstruction (Amendment to City's Cost) Washington County has received bids on the County Road 13 Reconstruction project. There was an increase of over $900 for the City's portion of the project. Our agreement with the County requires City approval of that increase. M/S/P Hunt/Conlin - to approve the City's portion of the costs for County Road 13 reconstruction project from $36,102 to $37,043 based on the bids received by Washington County. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 5 B. CSAH 13 Discussion on Assessments to benefiting property owners Larry Bohrer reported in his memo dated May 3,1996 that based on the amount of MSA dollars the City wished to contribute to this project, the amount to be assessed would range from $37,043.43 for no City participation to $21,506.43 for maximum City participation. The unit method of assessment is being recommended because the nature of the neighborhood is single family residential. The recently adopted assessment policy and the zoning code gives guidance on how to determine benefiting property. These documents define the benefited side of a corner lot to be the short side. There are 12 assessable units as shown on the map attached to Bohrer's memo. The following assessment rates were given: If no City MSA participation, assessment rate equals: $37,043.43 - 12 lots + $3,086.95 If maximum City MSA participation, assessment rate equals: $21,506.43 - 12 lots = $1,792.20 per lot. Bohrer asked for guidance for the staff on how to determine assessable units, method of assessment and the amount of the assessment to help with notification of the public and how to present the information at the public hearing. M/S/P Hunt/DeLapp - that the staff be directed to 1) apply the current City's assessment policy to the County Road 13 project improvement area using the dollar amounts if no City MSA participation and maximum City MSA participation, 2) recommend the rates for the 1996 assessments for zoning district, and 3) recommend changes that might be applicable to the city's assessment policy based on what we find out and will return at the May 21st meeting with figures and then based on this information the Council can decide to call a public hearing. (Motion passed 5-0). C. Define duties and role of the Public Works Citizen Committee The staff asked the Council for a clear definition of what the make up or the role of the Public Works Citizens Committee would be. Council member Hunt explained the MAC did appoint Dick Gustafson to sit on the Public Works Citizens Committee. Mr. Gustafson had some concept sketches for the new facility and the general consensus was when costs and specifications are ready, the MAC would be more than happy to look at them. Larry Bohrer asked if the Committee will determine floor space? Council responded that the Committee should determine what equipment is intended to be stored in this building and this will establish the amount of floor space. Bohrer asked who makes up the advisory committee? All the MAC members, Council member DeLapp, City Planner, TKDA:Dean Johnson and Larry Bohrer, Public Works Supervisor. M/S/P Hunt/Johnston - to extend invitations to serve on the Public Works Citizens Committee: Jim Blackford, Melinda Petrellis, Jim Friend, Dennis Conlin, George Dege, Bruce Dunn (didn't know if he could make that commitment). (Motion passed 5-0). D. Contract with TKDA for Public Works Facility An Authorization for Professional Services for architectural design and engineering services for the new Public Works Facility was submitted by Dean Johnson, TKDA. A cost estimate of the building on the Bastion site will be submitted next week. Bohrer understood the early goal was to do what was physically possible to try and have shelter for the winter. He tried to define the number of meetings, but this is beyond their control. The $65,000 does include more than two meetings, but it doesn't include a real protracted timeline. M/S/P Conlin/Johnston - to authorize TKDA to proceed with the professional services described in the letter and quotations from TKDA, dated March 27, 1996. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 E. Plans and Specifications for Section 33 Sewer Larry Bohrer reported the plans and specifications for this project are substantially complete and ready for Council review. Upon Council approval, Bohrer will send a copy to United Properties. Bohrer recommended that the Council authorize the advertisement for bids and set the receipt of bids for 10:00 a.m, on Friday, May 31, 1996. The bids will be reviewed at the June 4, 1996 Council meeting. The portion of Lake Elmo's forcemain that passes through Oakdale and the shared gravity sewer were bid as part of Oakdale's project to serve the area south of 4th Street. Oakdale is scheduled to award their contract on May 28, 1996. M/S/P Hunt/Conlin - to adopt Resolution No. 96-8, approving the plans and specifications for the Sanitary Sewer and Watermain Project in the SE 1/4 of Section 33 and to authorize the advertisement for bids with the bid opening set for May 31, 1996 at 10:00 a.m.. (Motion passed 7. PARKS/MAINTENANCE A. Parks Commission recommendation on St. Croix Sports Facility cost participation At their April 15 meeting, the Parks Commission voted to pledge $6,000 from the Parks budget, each year for the next 10 years for the proposed Sports Complex and encouraged the City Council to dedicate the remaining amount ($5,660 per year) to equal $11,660 per year for 10 years, based on the Council's commitment to the Parks Commissions general fund allowance of $5,000 per year. According to Finance Director Marilyn Banister this project could raise the City's tax rate by 0.4 percent. Three Lake Elmo residents spoke in favor of the City committing funds. Bob Schoenrock, 5250 Jamaca Blvd. N., felt that Lake Elmo should support the project because local youth participate in recreational activities outside of Lake Elmo since the City does not have its own facilities. Ryan Martin, 32nd St. N., 14, is a hockey player and explained that the complex is necessary due to the crunch of available ice time and would provide a space for other sports like figure skating, soccer and track. Susan Dunn suggested that the City put an Item in the newsletter requesting donations. Several Council members said they would personally like to see the complex built, but questioned the responsibility of government to fund a project beyond basic services. The Council felt it is a significant commitment based on little citizen input and felt more comfortable holding a referendum in November on whether the City should finance the multi -purpose sports complex. Residents living in school districts 622 and 832 would also vote and be affected by any change in the tax rate. Mike Polehna said waiting until November to hear about Lake Elmo's commitment won't kill the project, but said he was frustrated since the group is only soliciting 10 percent of the funds from communities. The majority of the funding will come from sports associations, businesses, and foundations. M/S/P Conlin/Hunt - to place a referendum question on November 5, 1996 ballot on whether the Lake Elmo residents should fund ($11,660 per year for 10 years) the multi -purpose sports complex. (Motion passed 5-0). B. Parks Commission recommendation on deer hunt in Sunfish Park Mike Polehna, Washington County Parks Director, explained he accompanied the DNR in a flight over the Park Reserve, Sunfish Park and the neighboring 3M property to count deer. They counted approximately 64 deer in Sunfish and 80 in the Park Reserve. The DNR believes the count is only 76% of the actual, and that a manageable herd is 75-100 deer for his area. Two years ago the Park Reserve sponsored a hunt and harvested 40 dear and would like to coordinate another harvest this year which includes Sunfish Park. He would coordinate the permits, training, and newspaper notification. The City would set up the zones in the park, notify the neighbors, post the perimeters (shot gun slugs only) and coordinate police and helpers. The City can choose how many hunters they want to allow in the park. LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 At their April 15, 1996 meeting, the Parks Commission recommended the Council allow a deer hunt in Sunfish Park this year. Mike Bouthilet will set up the two zones and have a separate lottery for 8 (10 at the most) hunters who live in Lake Elmo. M/S/P HunUDeLapp - to approve a deer hunt in Sunfish Park this fall in conjunction with the deer hunt in the Regional Park Reserve coordinated by Mike Polehna, Washington County Parks Director, based on the recommendation of the Parks Commission at its April 15,1996 meeting and charge the Parks Commission to work out the details with the representative of Washington County and bring back proposal to Council for approval. (Motion passed 5-0). C. Review mower bids for Parks Department (and receive recommendation from MAC.) Mike Bouthilet explained at the May 6th meeting, the MAC reviewed the bids for a new grass mower for the Parks Dept. in order to meet the deadline for participation under the MnDOT bidding process. Bouthilet recommended purchasing the Kabota 2560E from Polfus Implement based on performance of demo unit, record with other agencies and price. A motion was made by the MAC recommending that the low bid for the John Deere 935 under MnDOT contract be rejected based on the Parks Supervisor's statement of the high maintenance cost and the poor overall performance of the John Deere mower the City currently owns. and, further, that Mike demo the Jacobson and the Toro in the next two weeks and report back to the MAC at their May 20th meeting. M/S/P HunUDeLapp - to table this item until the May 21, 1996 City Council meeting in order to receive the MAC recommendation on mower. (Motion passed 5-0). 8. PLANNING, LAND USE & ZONING: A. Browns Creek WMO The attorney for Grant Township is asking the members of the watershed to support dissolving the WMO and establishing a watershed district. By establishing a District, the Cities would loose their individual representation on the board because a District would be set-up similar to both Valley Branch and South Washington County. A district would have taxing authority which would have those in the watershed pay for water related planning and public projects. Those in rural areas are paying the same price as those in urbanizing areas. The City is paying approximately $540 in 1996 as their annual payment to the Watershed which is an increase of $200 since 1995. It is estimated to be over $1,000 in 1997 since the Watershed is updating their plan. City Planner Terwedo recommended that Brown's Creek remain a Watershed Organization with a joint powers authority and that if a taxing authority is established, the method for establishing a fair taxing policy take into consideration rural vs. urban areas and up stream vs. downstream land uses. M/S/P DeLapp/Conlin - to direct the City Planner to write a letter to the Browns Creek WMO. (Motion passed 5-0). B. Isle Avenue Easement The Council received a copy of a quit claim deed dated August 18,1983 giving the City a 66 foot wide tract of land for public road purposes. This land was conveyed to the City by the Springborn's when Springborn Green Acres was platted. This deed reserves to the Grantors (the Springborn's) the right to have all of the land so conveyed revert to them, their heirs, in the event said public road is ever vacated. Gaylen Springborn's recollection of why they included this provision was that at the time of platting Springborn's Green Acres, this parcel was a separate parcel of record on which they were paying taxes, but was of no benefit to their farming operation. With the completion of Springborn's Green Acres 2nd Addition, the land would be of no benefit to the Springborn's because they are no longer farming the area that was developed. Because the land is of no use or benefit to the Springborn's, they are willing to sign LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 the appropriate document to remove that stipulation. If this was done, it would mean that if the land was ever vacated, it would be split down the middle and conveyed to the adjacent property owners. M/S/P Hunt/Johnston - to direct the City Attorney to draft the appropriate document to amend the language of the quit claim deed dated August 18, 1983 to exclude the provision that the land would be conveyed back to the Springborn's should it ever be vacated. (Motion passed 5-0). C. Recodification Administrator Kueffner reported the complete draft of the code, recodified, is half copied and will be distributed to the Council as soon as it is finished, Kueffner will also Include a memo outlining the changes that were made by the League, the Council, and herself. M/S/P Hunt/John - to direct the staff to proceed with distribution of the draft code, recodified, for a two week review by the Council, and then place on Council agenda to make the decision as to what the best method would be for reviewing the draft code. (Motion passed 5-0). D. Request staff/Council workshop on 1-94 Planner Terwedo provided the first section of the work program and have identified 19 issues . Council suggested proceeding with TASK III first to determine impact which will help formulate the goals and objectives. M/S/P Conlin/Hunt - to set up a workshop for May 22, 1996, 6 p.m., on the 1-94 Corridor. (Motion passed 5-0). 9. CITY ATTORNEY'S REPORT A. Update on EAW Lawsuit Attorney Filla explained the Appellate Court has discharged the WRIT for a request for an EAW on the Berschen property. When the City receives approval of the Comp Plan Amendment by the Met. Co. the rezoning will become effective and the City can proceed with the purchase and the development of the Berschen site. B. Letter on Hammes Litigation Attorney Filla handed out a memo dealing with the status of the Hammes case, and the Council will need to discuss this case at a meeting in the near future. M/S/P Johnston/Hunt - to set up an executive session for May 21, 1996 at 6 p.m. to discuss Hammes Litigation. (Motion passed 5-0). 10. UNFINISHED BUSINESS: A. Clean -Up Day Administrator Kueffner is working with John Maroney on the possibility of having a clean-up day at the Washington County Fairgrounds or the parking lot at Sunfish Park. When the details have been confirmed, this information will be provided to the Council. B. Effective Meeting Procedures Administrator Kueffner had several Saturdays for the Council to chose from for attendance at the Effective Meeting Procedure Seminar. LAKE ELMO CITY COUNCIL MINUTES MAY 7, 1996 C. Set date for Council/Solid Waste Advisory Committee Joint Meeting Administrator Kueffner will set a date for Council/Solid Waste Advisory Committee Joint meeting during the last week in May when Attorney Filla could attend to discuss organized collection. 11. CITY COUNCIL REPORTS: Mayor John bowled on Mayor Barb O'Neil's Dream Team against Stillwater Chamber of Commerce in aid of the Bowl for Kid's Sake program. On April 23 he attended the Lake Elmo Firemen's recognition dinner at Tartan Park. On March 30 Councilors Conlin, DeLapp and Johnston attended a discussion on intergrovernmental relationships with Washington County Commissioners, City Officers, Township Board members, Senator Len Price and Representative Peg Larson. The consensus was that such meetings would be beneficial and July 30th would be the date of the next meeting. Councilman DeLapp provided a memo for a possible agenda item for a council meeting:"Scientifically Controlled Resident Survey". Administrator Kueffner, with the help of the City Planner, will pull resources (has a book on surveys) together and come back with information. Councilman Hunt asked for Council consideration on scheduling the second Tuesdays of every month as standing workshop meeting for a 6 month period. He will come back to the Council with a proposal for a small computer committee to be formed initially with a staff person, council member and a resident at large to look at the future of computerization within the City. fPJ11111563lCAM ABUTI101E.%.TV :19-01 M/S/P DeLapp/Hunt - to adjourn the council meeting at 11:10 p.m. (Motion passed 5-0). MAR-15-1996 16:45 TKDA 612 292 dam ENGINEERS• ARCNfrECTS• PLANNER$ March 15,1996 Honorable Mayor and City Council Lake Elmo, Minnesota Re: SE 1/4 Section 33 Sewer and Water. Lake Elmo, Minnesota Commission No.10947 Dear Mayor and Council: YOLTZ, KING, DUV� AND A88001ATE8, 8A. Providing sanitary sewer and water service to Lake Elmo's MUSA area in the SE 1/4 of Section 33 will require agreements with the City of Oakdale. The water agreement will provide for the purchase of water from Oakdale, similar to the previous SW-1 Project. The sewer agreement will provide for the construction of a forcemain and shared gravity outfall sewer in the North Frontage Road by Oakdale. Attached are draft agreements for the water and the sewer, They are intended to begin discussion between the two cities. Sincerely, Larry Bohrer, P.E. LbB/cjy An Eqw! Opporewlty ,mpJ yerroem&&obr MAR-15-1996 16:45 TKDR 612 292 0083 P.03i15 AGREEMENT FOR WATER SERVICE between the CITY OF OAKDALE, MINNESOTA and CITY OF LAKE ELMO, MINNESOTA THIS AGREEMENT made and entered into this day of April, 1996, by and between the City of Oakdale, a municipal corporation located in Washington County, Minnesota, hereinafter called "Oakdale" and the City of Lake Elmo, a municipal corporation located in Washington County, Minnesota, hereinafter called "Lake Elmo". IJ!ll4�L-(��Y44i9 WHEREAS, the parties to this agreement entered into an agreement on February 14, 1995, whereby Lake Elmo agreed to investigate the feasibility of purchasing water from Oakdale — in order to provide service to the SE 1/4 of Section 33; and WHEREAS, a letter report from Progressive Consulting Engineers, Inc, to Oakdale dated April 3, 1995 showed that it is feasible to extend water service to the SE 114 of Section 33, NOW THEREFORE, the parties in consideration of the mutual covenants and agreements hereinafter set forth, have agreed to and with each other as follows: 0Ycli��'Ci1�r: yt This contract shall be for the term of 30 years from the date of execution hereof unless terminated earlier as hereinafter provided. This contract may be cancelled pursuant to Section l 1 or may be cancelled by either party if laws are enacted by the State of Minnesota or the United States of America which substantially and/or adversely affect rights, duties or obligations of either party under this contract. A, Oakdale agrees to furnish and deliver to Lake Elmo from the water system of Oakdale, the water requirements and fire protection requirements for general business uses. The service area is the SE 1/4 of Section 33, Township 29, Range 21. MAR-15-1996 16:46 TKDA 612 292 0093 P.04i15 2. WATER. S) RVICE (cont'd.) B. Oakdale will furnish water 'at a residual pressure range at the master meter of _ P.S.I. to _ P.S.I. C. The quality of water furnished to Lake Elmo by Oakdale shall be the same as the water supplied by Oakdale to its residents. 1), Lake Elmo further agrees that the use of water in Lake Elmo derived from - the supply furnished by Oakdale shall at all times be governed by the applicable rules, regulations and conditions which Oakdale has heretofore adopted or which it may hereafter adopt in Oakdale from time -to -time for the preservation, regulation and protection of its water supply, and Lake Elmo agrees to adopt the rules, regulations and requirements of Oakdale now in force or that may hereafter be adopted, in connection with the use of water in Lake Elmo, and to enact such rules, regulations and requirements into ordinances or otherwise make them legally effective and binding, and to enact any amendments thereto adopted by Oakdale within thirty (30) days after being notified of such adoption, and to adopt suitable penalties for the violation of any thereof, and to strictly enforce such rules, regulations and requirements. This section, however, shall be limited only to what use the water could be put to and in no way gives Oakdale the right to dictate rules of operation of Lake Elmo water system. U. A. Oakdale shall make investment in, and retain title to all facilities necessary to the supply, production, storage and transmission of water to the point of delivery of water to Lake Elmo. All such facilities shall conform to the Minnesota State Health Department requirements. B. Lake Ehno shall make investment in, retain title to and maintain at no expense to Oakdale all facilities necessary to the transmission, storage and distribution of water from the point of delivery of water to Lake Elmo. All such facilities shall conform to the Minnesota State Health Department Requirements. C. The Lake Ehno improvements necessary to extend water service to the area of Lake Elmo shall require prior approval of Oakdale. D. Lake Elmo shall keep reliable records of water main construction and number of connections by category and such records shall be subject to reasonable inspection by Oakdale representatives. -2- MAR-15-1996 16:46 TKDA 612 292 0083 P.05i15 E. The water consumed by Lake Elmo shall be measured by a master meter, furnished and constructed by Lake Ehno, and shall be owned and maintained by Oakdale at its own cost and expense. The meter shall be of suitable make and setting and shall be installed and housed properly, all subject to approval of both cities. Such meter shall be subject to periodic testing by Oakdale, the results of which shall be made available to Lake Elmo, and Lake Elmo may test the meter at any reasonable time but at the sole expense of Lake Elmo. If the meter reading is within 5% of the actual water used, the meter shall be considered suitable. If the meter reading is not within 591c of the actual water used the meter shall be replaced at Oakdale's expense. If Lake Elmo requests a new meter, and the reason for the new meter is reasonable, a new meter shall be installed but at the sole expense of Lake Elmo. 4. SIMPLEMENTAL UPPLY Lake Elmo reserves the right to supplement its water supply with any supply approved by the Minnesota State Board of Health, provided that no such supplemental water will be allowed to enter the water system of Oakdale and any connection or transmission of supplemental water through mains transmitting water purchased from Oakdale shall be subject to approval of Oakdale, provided however that such approval shall not be arbitrarily withheld. 5. CONNECTIONS BEYOND SERVICE AREA IN LAKE ELMO Any requests for connections beyond the service area must be forwarded to \' Oakdale through the Lake Elmo Administrator. The requests must also be accompanied by information regarding the maximum potential number of connectors anticipated through a service extension and an estimate of the capacity required to service those areas. Any water extension beyond the SE 1/4 of Section 33 shall require an amendment to this Agreement or a new agreement. A. The rate charged to Lake Elmo will be equal to the consumption rate charged to Oakdale residents. A 30 day prior written notice will be given by Oakdale to Lake Elmo of any increases in the water rates. B. The meter will be read on or before the 5th day of each month, the bill will be mailed on or before the 10th day of each month with payments due on or before the 30th day of each month. -3- f MRR-15-1996 16:47 TKDR 612 292 0083 P.06i15 C. Lake Elmo shall also collect and pay to Oakdale, on or before the 30th day of each month, a water service availability charge (WAC) for each connection unit in the service area. Lake Elmo shall give to Oakdale the number of new connections and the addresses of each new connection along with the monthly utility payments. The current WAC fee is per unit connection and Oakdale shall give a 30 day prior written notice of any changes in the WAC fee to Lake Elmo. j� umal k►Y Y uli/_�(r�tittl fF.�. t�fol A. Maintenance: Each City shall properly maintain their systems according to state law to provide the residential user with good water. Upon notification of a possible water quality problem Lake Elmo shall immediately inspect their system to determine the cause of the problem. At the same time Lake Elmo shall notify Oakdale of the complaint or complaints and shall keep Oakdale advised of the progress of the inspection. If it is determined, that the source of the water quality problem or problems is in the Oakdale system, Oakdale shall immediately inspect its system to find the source and shall keep Lake Elmo advised of the progress of the inspection. Both cities shall be responsible for their own costs regardless of the source of the water quality problem. B. Flushing: On or before April Ist of each year the Oakdale Public Works Superintendent shall notify the appropriate Lake Ehno official of the dates that Oakdale will be flushing its system. Lake Ehno shall schedule flushing of its system to occur within 30 days of the Oakdale flushing, Whenever Oakdale imposes lawn sprinkling restrictions on its water users, Lake Ehno shall impose the same restrictions on its residents connected up to the water system. Oakdale shall keep Lake Elmo informed of any possible lawn sprinkling restrictions as soon as Oakdale is first made aware such restrictions may be necessary. ;t... W ••9.� Oakdale shall not be liable for reasonable interruptions in service, provided however that Oakdale shall not discriminate against Lake Elmo in the event of such interruption, or for failure to deliver water which results from failure of supply, inability to secure necessary processing materials, breakdown or damage to processing, pumping, or transmission facilities, work stoppage or other conditions beyond the control of Oakdale. Ell MAR-15-1996 16:40 TKDA 612 292 0083 P.07i15 10. INDEbINIPICATION Lake $lino agrees to indemnify and save Oakdale harmless from any and all claims or demands for damages arising out of or which may result from the water supplied pursuant to this agreement and from the use, installation, maintenance and repair of its facilities as set forth in this contract. 11. DEFAULT Either party shall have the right to terminate water service to Lake Elmo in the event that the other party fails to comply with any of the terms and conditions of this agreement, In case Lake Elmo fails to pay the charges lawfully due Oakdale under the terms of this agreement, this shall constitute default of the contract by Lake Elmo and Oakdale shall have the right to terminate water service. However, such service may be terminated only after a 10-day written notice is personally served on the Lake Elmo City Administrator and Lake Elmo shall fail to correct any condition which is cited by Oakdale as a cause for termination of water service within that 10-day period. 12. NOTIFICATION All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to either party or officer of the party, to which notice is being given, or when deposited in the United States Mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the patties at the following addresses: To Lake Elmo City Administrator 3800 Laverne Avenue North Lake Elmo, MIN 55042 To Oakdale City Administrator 1584 Hadley Avenue North Oakdale, MN 55128 -5- MAR-15-1996 16:48 TKDA 612 292 0083 P.06/15 13. BEEECT[VE DATE OF AQUEMEN The date of making and entering this Contract and the date of execution thereof shall be the date when it is executed by both cities. APPROVED AS TO FORM: Attorney for Oakdale APPROVED AS TO FORM: Attorney for Lake Elmo THE CITY OF OAKDALE By: Mayor By. - Administrator THE CITY OF LAKE ELMO By: Mayor Administrator MI MAP-15-1996 16:48 TKDA 612 292 0003 P.09i15 JOINT POWERS AGREEMENT BETWEEN THE CITY OF OAKDALE l AND THE CITY OF LAKE ELMO WITHIN OAKDALE CITY PROJECT NO.95.10 THIS AGREEMENT made and entered into this day of April, 1996, by and between the City of Oakdale, a municipal corporation located in Washington County, Minnesota, hereinafter called "Oakdale" and the City of Lake Elmo, a municipal corporation located in Washington County, Minnesota, hereinafter called "Lake Ehno". WTTNESSETH: WHEREAS, Lake Elmo desires sanitary sewer service to the SE 1/4 of Section 33, Towns;hip 29, Range 21, and WHEREAS, Lake Elmo does not have access to a metropolitan interceptor sewer within its municipal boundaries, and WHEREAS, Lake Elmo and Oakdale have entered into an agreement dated February 14, 1995 which, in pan, states that both cities will study the joint and/or parallel construction of sanitary sewer facilities, and WHEREAS, both cities have now conducted feasibility studies and public hearings for the installation of these joint and/or parallel sanitary sewer facilities. NOW THEREFORE, the parties in consideration of the mutual covenants and agreements hereinafter set forth, have agreed to and with each other as follows: ri • 9.i. ' This contract shall be perpetual from the date of execution hereof unless terminated earlier as hereinafter provided. This contract may be cancelled pursuant to Section _ or may be cancelled by either party if laws are enacted by the State of Minnesota or the United States of America which substantially and/or adversely affect rights, duties or obligations of either party under this contract. -1- MAR-15-1996 16:49 TKDA 612 292 0063 P.10i15 2. SAAIITARYSEWER FORCEM Oakdale shall contract for and construct under Oakdale City Project No. 95-10 an 8-inch diameter sanitary sewer forcemain in the south boulevard of the I-94 North Frontage Road (a,k.a. Hudson Boulevard) from Guardian Angels Drive to a point approximately 1352 feet west of Ideal Avenue. This forcemain is for the sole use and benefit of Lake Elmo. The cost of this forcemain work, including construction, inspection, and staking, shall be paid for by Lake Elmo to Oakdale in accordance with Exhibit A attached hereto. Oakdale shall contract for and construct under Oakdale City Project No. 95-10 a 10-inch diameter gravity sanitary sewer in the I-94 North Frontage Road (a k.a. Hudson Boulevard) from the W.O.N.E, interceptor to a point approximately 1,109 ;Feet cast. This gravity sanitary sewer is for the joint use and benefit of both cities. The nse and benefit to Oakdale is lateral sanitary sewer service to abutting property. The use and benefit to Lake Elmo is outfall service for the forcemain described in paragraph 2 above. The cost of this joint gravity sanitary ;sewer work, including construction, inspection, and staking shalt be shared by both cities in accordance with Exhibit B attached hereto. ' ' • �1' ►M. Lake Elmo shall pay to Oakdale 95% of the costs provided in Exhibits A and B at the. time Oakdale awards a construction contract for City Project No. 95-10, Lake Elmo shall pay to Oakdale the remainder of the costs provided in Exhibits A and B, subject to any change orders for those portions of the work, at the time Oakdale issues final payment for City Project No. 95-10. lake Elmo shall assume full responsibility for the maintenance of the sanitary sewer forcemain constructed under City Project No, 95-10. Should said maintenance cause or require the repair of surface improvements, said surface improvements will be restored equal to or better than present conditions. � u e urr. s . • .rr ,�� .. w,..-,. Lake Ehno and Oakdale shall share in the maintenance of the joint use gravity sanitary sewer described in paragraph 3 above. Oakdale shall perform the repairs and maintenance. The cost of the work shall be shared at —% Oakdale and % Lake Elmo. -2- MRR-15-1996 16:49 TKDR 612 292 00B3 P.11/i5 6. MAINTENANCE OF GRAVTI Y SANI ARY SEWER (cont'd.) Payment frorn lake Elmo to Oakdale shall be made within 30 days after receipt of invoice for the work. 7. Ali notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to either party or officer of the party, to which notice is being given, or when deposited in the United States Mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the parties at the following addresses: To Lake Elmo City Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 To Oakdale City Administrator 1584 Hadley Avenue North Oakdale, MN 55128 8. EFFEC' M DATE OF AGREEMENT The date of making and entering this Contract and the date of execution thereof shall be the date when it is executed by both cities. _g_ CITY OF LAKE ELMO REQUEST TO APPEAR BEFORE THE CITY COUNCIL OR PLANNING COMMISSION If you wish to address the City Council or Planning Commission, please follow the suggestions listed below: (Please Print) 7/ Name TM �b- 't - Date I )b,f Address �^7 L Lf -t-• %`' - Phone --'? _? ? g Agenda Item or Subject you wish to address: rF (z S c 4-64 s Sl r'` 1-I Company or Individual Representing (if applicable) NOTES: Please complete this form so that you may be recognized at the appropriate time on the Agenda. You are under no obligation to speak if you decide against it during the meeting. Please state your full name and address so that the record of your comments will be complete in the minutes of this meeting. MAR-15-1996 16:49 TKDA 612 292 0083 P.12i15 APPROVED AS TO FORM: Attorney for Oakdale APPROVED AS TO FORM: Attorney for Lake Elmo THE CITY OF OAKDALE BY: Mayor BY: Administrator THE CITY OF LAKE ELMO By: Mayor Administrator -4- AN AGREEMENT FOR TEMPORARY USE AND PERMANENT EASEMENT 1.0 Parties. This Agreement is dated the day of , 1996, and is entered into by and between the City of Lake Elmo, a Minnesota statutory city (herein the "City"), Carl Bolander & Sons, Inc., (herein "Contractor"), and the Valley Branch Watershed District (herein the "VBWD"). 2.0 Recitals. -- - A. The VBWD has caused plans and specifications .to be prepared for the Olson Lake Estates Pond Outlet Project (herein the "Project"). B. A portion of the Project includes the construction of a storm water pipe and appurtenances in Pebble Park (herein the "Park") which is located in and owned by the City. C. VBWD has awarded the contract for the construction of the Project to the Contractor. D. The Contractor has requested the temporary use of a portion of the Park for the storage of equipment and materials in connection with the construction of the Project and VBWD has requested a permanent storm water main easement. E. A diagram of the Park which illustrates the center line of the proposed storm water main and the proposed equipment and materials storage areas (herein the "Storage Area") is attached and incorporated as Exhibit A. 3.0 Terms and Conditions. In cooperation with the VBWD; and in order to expedite the construction of the Project in the City; and in consideration of the mutual undertakings herein expressed, the parties agree as follows: A. VBWD shall stake the perimeter of the Storage Area in a manner acceptable to the City Engineer prior to placement of equipment or materials in the Park. B. After execution of this Agreement by VBWD, the City shall allow Contractor access to the Storage Area. C. Contractor shall have access to the Storage Area up to and including April 30, 1996, unless an extension is mutually agreed upon by the parties in writing. D. Contractor shall restore the Storage Area and any other areas of the Park disturbed by the Contractor. 1. Restoration shall be completed within thirty (30) days following Contractor's vacation of the Park and shall be to the satisfaction of the City Engineer. 2. The restoration shall include but not be limited to replanting of trees and shrubs; re-establishment of grass by seeding, mulching and fertilizing, or, by sodding; and the replacement of gravel roadways and parking areas. 3. In the event that Contractor fails to restore the -- - Storage Area as described herein, VBWD hereby agrees to reimburse the City for all costs which it incurs in order to complete such restoration. Any statements sent to VBWD for restoration work shall be paid within thirty days of receipt of the statement. E. Contractor and VBWD hereby agree to defend, indemnify and hold the City harmless against any and all claims of whatever kind arising out of the use of the easement or Storage Area by the Contractor and/or VBWD during the period of construction. F. VBWD shall reimburse the City for all costs which the City incurs in connection with its review of the requests described herein, the preparation of documents, and the ( supervision of the Contractor to insure compliance with the terms of this Agreement. Such costs shall include reasonable administrative, engineering and legal fees. Any statements which VBWD receives for reimbursement of costs from the City shall be paid within thirty days of receipt of the statement. G. The City hereby agrees to convey a permanent storm water main easement to VBWD. The easement format shall be substantially as shown on Exhibit B attached. The parties anticipate that there might be slight variances to the legal description of easement after the storm water main has been installed. IN WITNESS WHEREOF, the parties have hereunto set their hands. Pursuant to authorization granted by the City Council on February 20, 1996. CITY OF LAKE ELMO Wyn John Mayor Mary Kueffner City Administrator Dated: Pursuant to granted by the Valley District On of b/)/11135961.001 authorization the Board of Branch Watershed the day 1996. CARL BOLANDER AND SONS, INC. By: Its: VALLEY BRANCH WATERSHED DISTRICT By: Its: , ;60 -PROPOSED MATERIALS 1 J X 9-a.7 E lllT P E 8 B PARK j CONSTRUCTION TEMPORARY EAR p DUIPMEW AND 'ORAGE-ARFA EXHIBIT A 9 011135 960001 GRANT OF PERMANENT EASEMENT The City of Lake Elmo, a Minnesota statutory city, (herein the "Grantor") is the fee owner of the following described real estate situated in Washington County, Minnesota: The North 958.9 feet of the South 1070.6 feet of the West 833.5 feet of the Southwest Quarter of the Southwest -- Quarter of Section 9, Township 29 North, Range 21 West and the East 340.5 feet of the West 833.5 feet of the South 111.7 feet of said Southwest Quarter of the Southwest Quarter all in Washington County, Minnesota. In cooperation with the Valley Branch Watershed District, its successors and assigns, (herein the "VBWD"), the Grantor hereby conveys to the VBWD, its successors and assigns, a permanent easement for the construction, maintenance, operation, inspection and repair of a storm water main; together with a permanent easement for ingress and egress at any and all times with all machinery, tools, equipment, vehicles and materials necessary for the aforesaid purposes, over, under and across the following described property: That part of the North 958.9 feet of the South 1070.6 feet of the West 833.5 feet of the Southwest Quarter of the Southwest Quarter of Section 9, Township 29 North, Range 21 West and the East 340.5 feet of the West 833.5 feet of the South 111.7 feet of said Southwest Quarter of the Southwest Quarter all in Washington County, Minnesota, lying 5.00 feet on each side of a centerline described as commencing at the Southwest corner of said Section 9, thence North 0 degrees 42 minutes 33 seconds East, assumed bearing, along the West line of said Section 9 a distance of 1021.86 feet; thence South 89 degrees 17 minutes 27 seconds East a distance of 33.00 feet to the East right-of-way line of County Road No. 13, said point being the point of beginning of the centerline to be described; thence continuing South 89 degrees 17 minutes 27 seconds East a distance of 35.10 feet; thence South 67 degrees 45 minutes 12 seconds East a distance of 479.00 feet; thence South 21 degrees 45 minutes 47 seconds East a distance of'340.00 feet; thence South 14 degrees 14 minutes 22 seconds West a distance of 350.00 feet; thence South 54 degrees 23 minutes 58 seconds East a distance of 122.08 feet; thence South 69 degrees 23 minutes 58 seconds East a distance of 67.79 feet; thence 54 degrees 23 minutes 58 seconds East a distance of 91.59 feet; thence South 39 degrees 23 minutes 58 seconds East a distance of 32.03 feet, more or less, to the Northerly right-of-way of Lake Jane Trail, and there terminating. The sidelines of said easement are to be extended or shortened to terminate at the East right-of-way of County EXHIBIT B Road 13 and the Northerly right-of-way line of Lake Jane Trail. Grantor conveys the above -described easement subject to the condition that VBWD shall be responsible for restoration of the easement area in the event that VBWD utilizes such area in the future for maintenance, inspection or repair. IN WITNESS WHEREOF, Grantor has hereunto set its hand the day of , 1996. Pursuant to authorization granted by the City Council on the day of , 1996. STATE OF MINNESOTA ) . ss. COUNTY OF ) By: CITY OF LAKE ELMO Wyn John Mayor By: Mary Kueffner City Administrator On this day of , 1996, before me, a notary public within and for said county, personally appeared Wyn John and Mary Kueffner, the Mayor and City Administrator respectively, to me known to be the persons described herein and they executed the foregoing instrument and acknowledged that they executed the same as their own free act and deed. Notary Publ OF GRANT OF EASEMENT The Valley Branch Watershed District, for itself, its successors and assigns, hereby accepts the above -described permanent easement and the conditions attached thereto. VALLEY BRANCH - Pursuant to authorization granted by the Board By:_ of the Valley Branch Watershed District on the Its: day of , 1996. Instrument Drafted By: Jerome P. Filla PETERSON, FRAM & BERGMAN, P.A. 300 Midwest Federal Building 50 East Fifth Street St. Paul, MN 55101 (612) 291-8955 Attorney Reg. #29166 b\projects\11135961.002 DISTRICT IDEAL TIMETABLE FOR SOUTHEAST REGIONAL WWTP & INTERCEPTOR MCES PROJECT NO. 9501 FACILITY PLAN, PHASE 1 INITIATED 1/l/1996 PRESENTATION TO CITY COUNCILS FEBRUARY 1996 COMMUNITY SITE SELECTION TASK FORCE MTG, FIRST WEEK OF 3/4/1996 SITE SELECTION CRITERIA & EVALUATION PUBLIC INFORMATION MEETING, FIRST COORDINATION WITH METRO PLANT MASTER PLAN MET COUNCIL AUTHORIZE PUBLIC HEARING PUBLIC HEARING ADOPT PHASE 1 & WWTP SITE ACQUISITION FACILITY PLAN, PHASE 2 DESIGN REPORT & DETAILED DESIGN CONSTRUCTION INITIATE OPERATION 9501TIME,CAC MARCH/APRIL 1996 MARCH 21, 1996 o v L oc-f e-h JUNE 1996 AUGUST 1996 SEPTEMBER 1996 OCT - DEC 1996 1997 1998 & 1999 1999 THRU 2001 2001 - 2002 Cottage Grove Projections to SER Households 2020 2040 Blueprint 13300 15460 Current trends 16647 21770 Concentrated 13494 17040 Growth Trends 14578 19307 Employees Blueprint 6900 7683 Current trends 7683 9750 Concentrated 6400 7683 Growth Trends 6895 8668 Flow (MGD) Current trends 4.24 5.51 Concentrated 3.39 4.25 Growth Trends 3.65 4.80 Woodbury Projections to SER Households 2020 2040 Blueprint 16080 18760 Current trends 17820 24288 Concentrated 17632 24820 Growth Trends 21810 30606 Employees Blueprint 4100 4840 Current trends 6638 8812 Concentrated 6750 8822 Growth Trends 9638 10275 Flow (MGD) Current trends 5.12 6.95 Concentrated 5.08 7.07 Growth Trends 6.42 7.68 21201P'6 DT.81wAH Lake Elmo Projections I3ouseholds 2020 2040 Blueprint 867 1122 Current trends 1200 1993 Employees Blueprint 1134 1270 Current trends 1512 2430 Flow (MGD) Current trends .35 .64 10.000 SOURCE: ST. PAUL - MINNEAPOLIS SEVEN COUNTY AREA STREET MAP SCALE IN FEET AS PREPARED BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION IIINtroWman counex t:nvnronmenmi nemses Study Area Map Southeast Regional �0ky Plenntny Report (�*�) MONT(iOMt3t1( WATSON . Figure 2.2 )v,44- �/ry/�� City of Lake Elmo Public Improvements and Assessment Policy I. It has been and will continue to be the policy of the City Council that when public improvements are made which are of special benefit to certain areas, special assessments will be levied for the benefits received. The procedures used by the City are those specified by Minnesota Statutes, Chapter 429, which provide that all, or a part of the cost of the improvements, may be assessed against benefiting properties in accordance with the benefits received. The statute, however, does not provide a guide as to how these benefits are measured or how the costs are to be apportioned. The purpose of this general policy is to establish a consistent standard for the apportionment of special assessments. II. TYPES OF IMPROVEMENTS This policy shall relate to those public improvements allowable under Minnesota Statute 429. Generally, the improvements include: street and street lighting improvements; sanitary and water utility improvements; storm sewer and drainage improvements. This policy outlines how new construction, reconstruction, and major maintenance shall be financed under each type of project. Project costs shall include: the construction costs; engineering; testing; permitting; legal; administrative; land or easement acquisition; fiscal; capitalized interest; data processing; and publication fees. III SPECIAL ASSESSMENT METHODS Benefiting properties generally are assessed by one or a combination of four (4) methods; adjusted front foot; area; unit and benefit appraisal. Generally, the nature of an improvement lends itself to a particular method. The four (4) methods are described as follows: A. Adjusted Front Foot Rate: Used for roadway and utility projects when there is a variety of land uses and lot sizes abutting or within the benefiting area. Frontage is measured at the building setback line. Assessments are determined by multiplying the adjusted frontage by the Council -established assessment rate. B. Area Method: Used for drainage and/or trunk utility improvements where there are a variety of land uses and parcel sizes within the benefiting area. Assessments are determined by multiplying the area change -to times the gross area less wetland areas. C. Unit Method: Used when the abutting property or benefiting area is homogeneous. Assessments are determined by multiplying the particular land use unit by the Council established assessment rate. City of Lake Elmo Public Improvements and Assessment Policy - D. Benefit Appraisal: Usedwhenproperty owners within thebenefitingarea indicate none of the above noted methods appear appropriate. Corner Lots: Corner lots are included in the benefiting area with the exception of single/two family dwellings. If the improvements are along the front lot line of a single/two family dwelling, the parcel shall be included in the benefiting area with each unit assessed separately. If the improvements are along the side lot line of a single/two family dwelling, the parcel shall not be included in the benefiting area, unless the lot can be subdivided. Recreational Lots: Recreational lots without a primary living structure, but used for recreational purposes, and not combined with the owners' lot with a primary structure shall be included in the benefiting area. - Agricultural and Rural Residential Property: _-Property zoned Agricultural or Rural Residential that has not been subdivided, or is in the Green Acres program will be assessed as one unit for each dwelling on the property. If the property is subdivided after the completion of said improvement, but before the expiration of the assessment period or eight years, whichever is the greater, then the property will pay a total contribution equivalent to the total number of subdivided lots. IV. IMPROVEMENTS A. Roadway and Signal Improvements 1. Petitions for roadway and street lighting projects shall be filed and accepted by the Council prior to January 1 of the year of construction. The Council may authorize accepting a petition after January by special consent. 2. Projects are initiated by petition of thirty-five (35) percent of the property owners measured in area and/or frontage or by a majority vote of the City Council for roadway improvements. 3. Projects initiated by a property owner shall require the property owner to allow assessment of all project costs or if City participation is appropriate, the City's share shall be outlined in a Developers Agreement. 4. Street light petitioned projects shall be accumulated and authorized as one (1) project. The costs shall be uniformly spread to the benefiting properties. 5. the method of assessment can be any method described in Section III. B. Reconstruction 1. Petitions for roadway projects shall be filed and accepted by the Council prior to January 1 of the year of construction. The Council may authorize accepting a petition after January 1 by special consent. 2. The scope of project shall be determined by traffic volumes, and reason for pavement deterioration. City of Lake Elmo Public Improvements and Assessment Policy 3. Abutting property owners shall participate based on land use. The council will annually set the appropriate rates per land use. 4. In any given year, the assessment rate within a land use category shall be equal throughout the community, independent of project scope. S. The City will assess properties along County roadways as if they were City streets. 6. The City participation in projects will be the difference between the project cost and the amount to be assessed. The City's share includes: Municipal State Aids (MSA) on MSA routes, Grants, Capital Improvement Funds, or a City-wide Road Improvement Utility. 7. Street lights may be installed as part of a roadway reconstruction project if sixty percent (60%) of the neighborhood signs a petition requesting the installation. The installation costs will be financed as part of the reconstruction project. C. Major Maintenance 1. Overlays to postpone the reconstruction of a roadway shall be assessed to the abutting property owners based on land use. The Council will annually set the appropriate rates per land use. 2. Sealcoating shall not require abutting property participation. 3. The City's share of project costs shall be determined by deducting the assessable costs from the project costs. The City's share shall be financed with MSA, Capital Improvement funds, Maintenance Funds, or funds acquired through a City-wide Road Improvement Utility. D. Bikeway/Pedway Improvements 1. New Construction. The City will install bikeway/pedways according to the Comprehensive bikeway/pedway plan for the community. The bikeway/pedways should be an eight (8) foot wide asphalt surface separated from the roadway surface a minimum of four (4) feet. 2. Financing. Bikeway/Pedways can be financed as: part of a roadway reconstruction assessment; park dedication fees; Municipal State Aid funds; Capital Improvement funds, or funds acquired through a City-wide Road Improvement Utility. 3. Maintenance. The City will repair and remove snow from all bikeway/pedways. E. Street Light Policy City of Lake Elmo Public Improvements and Assessment Policy 1. Installation. Street lights shall be included as part of reconstruction and overlay projects if sixty percent (60%) of the property owners petition for the installation. The City will poll the neighborhood to determine a support or opposition. 2. Financing. Street lights installed as part of reconstruction projects shall be financed as part of the assessed roadway construction project. Street lights installed as part of an overlay project shall be financed as part of the assessed roadway construction project. F. Utility Improvements (New Construction) 1. Petitions for utility projects shall be filed and accepted by the Council prior to April 1 of the year prior to construction. The council may authorize accepting a _ _petition after April l by special consent___ 2. Projects are initiated by petition of thirty-five percent (35%) of the property owners measured in area and/or frontage or by a 4/5 vote of the City Council. 3. Projects initiated by a property owner shall require a Developers Agreement outlining the method of assessment and the amount of City participation authorized by the City Council. 4. The City's share shall be financed with Water/Sewer Access Charge funds (WAC/SAC) G. Utility Improvements (Reconstruction and Major Maintenance) 1. The replacement of water mains, sanitary sewer mains and service lines within the right-of-way shall be financed out of the Utility Reserve Fund. 2. The replacement of services on private property shall be paid for by the property owner. 3. Roadway reconstruction projects accelerated on account of utility replacement projects shall be financed through the Utility Reserve Fund in proportion to the remaining design life of the street. H. Storm Sewer Projects (New Construction) 1. Petitions for storm sewer projects shall be filed and accepted by the Council prior to April 1 of the year prior to construction. The council may authorize accepting a petition after April 1 by special consent. 2. Projects are initiated by petition of thirty-five percent (35%) of the property owners measured in area and/or frontage or by a 4/5 vote of the City Council. 3. Projects initiated by property owners shall have their participation determined by land use, contributing area and rate of runoff. City of Lake Elmo Public Improvements and Assessment Policy I. Storm Sewer Projects (Reconstruction and Major Maintenance) Shall be incorporated and considered as part of roadway reconstruction projects, and assessed as part of the project. 0]- IL - 3i'�I l►lM1] p�`rl Gi `i7 sTi7 al :t�111 i ISM New construction projects can be assessed over a five (5) year period, with the exception of street lighting, which shall be limited to three (3) years. Reconstruction projects can be assessed over a ten (10) year period. Trunk water and sewer facilities can be assessed over a twenty (20) year period. Overlay projects can be assessed over a five (5) year period. ' 1 ell' 1 i. O: 1!1_ The City Council will consider a deferment for the payment of special assessments on any homestead properly, owned by a person 65 years of age or older or retired by virtue of permanent and total disability for whom it would be a hardship to make the payments. A hardship shall be deemed to exist when the annual principle installment of all assessments levied against the property exceeds two percent (2%) of the adjusted gross income of the applicant as evidenced by the applicant's most recent federal income tax return, and total assets (excluding the homesteaded property) do not exceed six times the adjusted gross income. The City Council may also determine, on a case by case basis, the existence of a hardship on the basis of exceptional and unusual circumstances not covered by these standards and guidelines, if done in a non-discriminatory manner and without giving the applicant an unreasonable preference or advantage over other property owners. All assessments will continue to bear interest on the unpaid principle balance at the rate established on the original special assessment. The deferment shall terminate and all principle and interest becomes due and payable upon the occurrence of any of the following events: 1. The death of the owner when there is no spouse who is eligible for deferment. 2. The sale, transfer or subdivision of the property or any part thereof. 3. The property should lose it's homestead status. 4. The City Council should determine that the hardship no longer exists. A review of the hardship will be conducted every three to five years. To: Lake Elmo City Council h 5') u1 5 Lake Elmo City Administrator Lake Elmo City lAgineer From: Wyn M. John Subject: Road Utility IRV Date: November 6, 1995 I read the newspaper reports and Council Minutes of the public hearing on the road improvement assessments with some concern. Even though promised communications to the residents on 42nd Street regrettably did not occur, their concerns were addressed by the City Engineer's investigation. It may not have resolved the problem to their satisfaction, but it was discussed at a City Council meeting. My error was in not then informing the residents of the City's findings. The current method of assessing benefited properties will cause disputes such as this to occur from time to time. Resolution will not satisfy those homeowners who see themselves saddled with a bill that they did not foresee, and the system will continue to generate burrs under the saddle of smooth City government. I feel the time has come to consider setting up a City wide street maintenance utility. It is less likely to generate the personal conflicts that the council had to face at the last meeting, as it will involve an annual assessment which would be a more palatable amount. This would also eliminate the feeling of unfairness generated by people on cul de sacs whose roads are likely to need repair less frequently. There is still the question of dealing with those who have already paid to have their streets upgraded. On the assumption that a street should last for 15 years before needing resurfacing, I suggest that for the 15 years following a street resurfacing no utility assessment would be made for those residents who had already contributed. I don't know whether such a system is economically viable. I am assuming that the average assessment would be $75 to $100. If those who had their streets resurfaced were ineligible for assessment, would there be enough income generated from the rest of the City to pay for foreseeable future projects? If you agree, I suggest that the City Engineer be asked to study the feasibility of a road utility, and to report at a future Council meeting. 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 experience. 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. Lake Elmo City Council Agenda May 7, 1996 7:00 p.m. Meeting Convenes Pledge of Allegiance 1. Approval of Agenda 2. Approval of Minutes 3. Approval of Claims 4. Public Informational A. Public Inquiries B. Request from SBA, Inc. to install wireless Telecommunication Equipment on City Water Tower C. Letter from Sheriff Frank regarding Water Slalom Courses D. Other Consent Agenda items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Council members may elect to pull a Consent Agenda Item(s) for discussion and/or separate action; or, any member of the public may request that a Consent Agenda item be removed for discussion. 5. Consent Agenda A. Armstrong CUP amendment (postpone until May 21, 1996) B. Armstrong request for fence along common border of Torre Pines. C. On Sale Non -Intoxicating Malt Liquor License for Cimarron Pro -Shop 6. City Engineer's Report A. CSAH 13 Reconstruction (Amendment to City's Cost) B. CSAH 13 Discussion on Assessments to benefiting property owners. C. Define Duties and Role of the Public Works Citizen Committee D. Contract with TKDA for Public Works Facility E. Plans and Specifications for Section 33 Sewer F. Other OVER Lake Elmo City Council Agenda May 7, 1996 Page 2 7. Parks/Maintenance A. Parks Commission recommendation on St. Croix Sports Facility cost participation B. Parks Commission recommendation on Deer Hunt in Sunfish Park C. Review Mower bids for Parks Department (and receive recommendation from MAC. D. Other 8. Planning, Land Use & Zoning A. Browns Creek WMO B. Isle Avenue Easement C. Recodification D. Request Staff/Council Work Shop on I-94 C. Other 10. City Attorney's Report A. Update on EAW Lawsuit B. Other 11. Unfinished Business A. Clean -Up Day B. Effective Meeting Procedures C. Set Date for Council/Solid Waste Advisory Committee Joint Meeting D. Other 11. City Council Reports A. Mayor John: B. Council member Conlin C. Council member DeLapp D. Council member Hunt E. Council member Johnston 12. City Administrator's Report 13. Adjournment CITY OF LAKE ELM0 City of Lake Elmo 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 SPECIAL LAKE ELMO CITY COUNCIL MEETING CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA LAKE ELMO ELECTED OFFICIALS WILL BE MEETING IN THEIR CAPACITY AS FENCE VIEWERS AT THE ENTRANCE OF TORRE PINES IN ORDER TO DETERMINE A RESPONSE TO PROPERTY, OWNERS' REQUEST ON WEDNESDAY, MAY 1, 1996 AT 7:00 P.M. Sharon Lumby Deputy City Clerk 06 printed on recycled paper City of Lake Elmo Washington County, Minnesota Public Notice To Whom It May Concern: A quorum or more of the Lake Elmo City Council may attend the Washington County League of Local Governments Organization Meeting on Tuesday, April 30, 1996 at 7:00 p.m. at the Washington County Historic Courthouse, 101 West Pine Street, Stillwater, MN 55082. Mary Kueffner City Clerk/Administrator April 19,1996 WASHINGTON COUNTY LEAGUE OF LOCAL GOVERNMENTS ORGANIZATIONAL MEETING Tuesday, April 30, 1996 7:00 p.m. Washington County Historic Courthouse 101 West Pine Street Stillwater, MN 55082 AGENDA RECEIVE APR 1' Z 1996i� CITY OF LAKE ELMO • Welcome, Dave Engstrom, Chair, Washington County Board of Commissioners • Introductions • Discussion of Interest in Forming a League of Local Governments • Identification of Possible Topics for Future Discussion Possible Topics: Transportation Growth and Development Strategies Solid Waste Management Economic Development Land Use Bonding/Budget Issues zzzz • Future Direction/Next Meeting?? • Adjourn Please R.S.V.P. to Linda Engh at 430-6000 by Friday, April 19, 1996.