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HomeMy WebLinkAboutAgenda & Minutes 7:00 .m. FORUM REGULAR COUNCIL MEETING AGENDA Date: November 17, 1997 1. CALL TO ORDER... ......... ...... ............ ................ ............... ....... ............ 7 :30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF\PREVIOUS MEETING MINUTES: A. November 3, 1997 Regular City Council Meeting B. November 5, 1997 Special City Council Meeting 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Animal Warden Report for October, 1997. D. Consider Approval of Fire Call Report for October, 1997 E. Consider Approval of Building Permit Report for October, 1997. F. Consider Approval of Resolution 97-XX Approving Amended Bylaws and Amended Joint Powers Agreement of the Minnesota Valley Transit Authority. G. Consider Approval of 1) 3.2 Temporary Non-Intoxicating Malt Liquor License for St. Michael's Church 2) Temporary Consumption and Display Permit for St. Michael's Church H. Consider Approval of 3.2 Temporary Non-Intoxicating Malt Liquor License for St. Michael's Church. I. Consider Approval of Resolution 97-XX Authorizing the Preparation of Specifications and Solicitation of Bids for One (1) Four Wheel Drive Articulating Tractor and Attachments. 5. PRESENTATIONS: A. There are no Presentations 6. PUBLIC HEARINGS: A. Public Hearing to Consider Approval of Resolution 97 -.xX Ordering the 1998 Improvement Projects and Preparation of Plans and Specifications Therefore. 7. OLD BUSINESS: A. Consider Approval of Resolution 97-XX Affirming the Decision of the Planning Commission Denying a Variance Request by Phillip and Byron Hines to the Setback 16HOObgle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ..... from the Ordinary High Water Level (OHW) for Property Located at 2719 Spring Lake Road, Case File 97-050. B. Consider Approval of Resqllltion 97-XX Affirming the Decision of the Planning Commission Denying a Variance Request by Brian Mattson to the Side Yard Setback for Driveway and Impervious Surface for Property Located at 16575 Iguadona Beach Circle, Case File 97-053. 8. NEW BUSINESS: A. Consider Approval of Ordinance 97-XX Amending the Flood Plain Regulations of the City Relating to the Establishment of the Official Flood Map, the Flood Protection Elevation, and Nonconforming Structures. B. Consider Approval of Oridinance 97-XX Amending Title 9, Chapter 2 of the Prior Lake City Code Regulating the Use of Public Parks. 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: 11. ANNOUNCEMENTS/CORRESPONDENCE A. Executive Session to Discuss Pending Litigation. 12. ADJOURNMENT 111797.DOC /' o-.,.r Date: November 3 , 1997 ~ ~~ INNESO 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, Robbins, and Schenck, City Manager Boyles, Assistant City Manager Woodson, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, City Engineer Ilkka, Finance Director Teschner, Recording Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE OCTOBER 20, 1997 CITY COUNCIL MEETING. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 4. CONSENT AGENDA: Parks A. Consider Approval ofInvoices to be Paid. Advisory B. Consider Approval of Re-appointments to the Park Advisory Committee. Appointment C. Consider Approval of Addendum to Police and Fire Protection Agreement Between the Shakopee Mdewakanton Dakota Community and City of Prior Lake. Police/Fire Agt. MclPWllkllntnn MOTION BY SCHENCK SECOND BY ROBBINS TO APPROVE THE CONSENT AGENDA ITEMS A, B, AND C. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 5. PRESENTATIONS: Proclamation-Youth Annrpl'illtion Wppk A. Mayor Andren-Proclamation Declaring Youth Appreciation Week - Second Week of November, 1997. . Mayor Andren read a proclamation declaring Youth Appreciation Week as the second week of November, 1997. Public Hearing: Timothy A vpnnp T ntpr~p..tion B. Sandee Wright and Business Owners-Timothy Avenue / CSAH 42 Intersection. . Mayor Andren introduced the item. She said Ms. Wright had called and asked for time on the agenda. Mayor Andren said her understanding was that the City Council would hear from the business owners and the residents regarding the issue. 16200~e.gle Creek Ave. S.L Prior Lake, Minnesota 55312-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 11397.DOC :. . Sandee Wright of 14300 Timothy Avenue addressed the Council. She distributed a packet with some diagrams of roads. She said she was representing 95% of the residents on Timothy Avenue and some homes on adjoining streets. She thanked City Engineer Ilkka for his hard work on the project. She said they had made some requests on page one of the handout. . The first request was that the Council oppose a signal light, either permanent or temporary, and request traffic speed patrols at the Timothy Avenue Intersection area. The opposition was based on safety concerns. She said there was a high level of non- residential traffic connecting onto Commerce and CSAH 42. She said traffic comes from other parts of their neighborhood and comes down the hill quickly. She said a lot of the residents go further north and access the left turn lane onto Commerce. She said Timothy was also used as a shortcut for those going east on CSAH 42. They do not have to stop on Timothy until they reach Boudin. She said the consultant's draft study confirmed there will be cut-through traffic whether or not a signal light is placed at Timothy and CSAH 42. She said the City Engineer had taken traffic counts. She said from this point they can begin to monitor the impact. . Another request was a result of the draft study mentioning closing Timothy A venue at Commerce or making it a one way, or installing speed bumps. She said there are 15 children in homes directly on Timothy from Commerce south. She said 70% are elementary or younger and one is a child with special needs. When the adjoining streets are considered, 80% of the children are elementary or younger. The way the neighborhood is laid out is part of the problem. Currently the school bus stop is located at Timothy and Boudin. . Another issue they wanted to raise is the quality of life. They hope that not being in Savage will be a positive thing. She said their neighborhood adjoins the Lake. She said 32 of the properties in the area form the Boudin Association and share docks and a pier. Neighbors whose properties are not part of the association can gain access by paying a small fee. She outlined the history of the neighborhood. She said they all liked the neighborhood for the same reasons: lake access, mature trees, and good location. She felt the signal light and accompanying traffic would damage their property values. . She said another request was to reevaluate the plan for access to 13. She said it was not feasible to have a signal light. She said if the neighborhood wants access to 13 they need to have signal lights. She said if the traffic light went in at 42 and Timothy their access at Rutgers would be cut off. She said if Emergency Vehicles were coming down 13 it would be a slow response time because they would have to negotiate additional unnecessary turns. The only way is in and out of the commercial district. They wished to suggest constructing Boudin as a frontage road connecting at the same signalized intersection as Commerce. MnDOT said closing off Boudin would eliminate an access to 13. It would allow closing off Timothy to through traffic. She said by improving the neighborhood they would enhance an existing tax base. . Jack Haugen of MSI insurance said he is an owner of the building at 14093 Commerce Avenue. He said his view is very simple. Number one, his concern is 2 6. 11397.DOC safety, so they did not disagree with the residents. He said they would not want to have anything done that would hurt anyone. They are concerned about access to a business area that has developed over fifteen years. He said some of their businesses are dependent upon the accesses. He said they need to be sensitive in whatever is done to be sure they are not restricting the viability of the businesses. He said it would seem that with the conflict that developed concerning the access to PDQ it would seem viable to tie together Boudin as a service road. There is a way to have traffic flow through Commerce. He said there is a lot more traffic going through the Commerce area than the residential Timothy area. He said if traffic was restricted so it could not go down Timothy, as long as it could go down Boudin, it may be an appropriate solution, and at the same time, good for fire and police protection. . Dan Behimer of 1456 Natalie addressed the Council. He said his home is situated on the intersection of Timothy and Natalie, and cars drive over his property as a short cut. He supports what Ms. Wright presented. . Mayor Andren said the City would notify Ms. Wright when the City Council would make a decision on the draft. . Ms. Wright said they haven't talked to all the residents on Natalie. She said the residents on Natalie should also be contacted. . Mayor Andren said they would notify the neighborhood and the business owners. PUBLIC HEARINGS: Public Hearing-Mushtown Rd anc Pikp T .llkp Trllil A....~pssmpnt~ A. Special Assessment Hearing for 1997 Improvement Projects 95-07 Mushtown Road and 97-17 Pike Lake Trail and Consider Approval of Resolution 97-97 Adopting the Assessment Roll for these Projects. . Mayor Andren introduced the item and called the public hearing to order. She began by reading the Public Hearing Notice that was printed in the Prior Lake American October 18th and October 25th, 1997. She also read two written assessment objections, from Holy Cross Lutheran Church signed by the Board of Trustees and one from Bannigan and Kelly, an attorney firm retained by Edward Vierling. They were entered into the record as objections. . Finance Director Teschner said the Council directed staff to prepare the assessment assessment roll for the improvement projects. The assessment review committee was Finance Director Teschner, City Engineer Ilkka, Councilmembers Kedrowski and Mader, and City Manager Boyles. Tonight is the formal assessment hearing. . He went over the method of assessment for Mushtown Road. He said in this case, based upon the rate bonded for, an additional 58 days of interest for the remainder of this year will be paid if the assessment roll is adopted tonight as presented. One method of payment is to pay the assessment in full, if within 30 days, at no interest. There is also a one-time opportunity to make a partial payment reduction. Any subsequent assessment payoffs can payoff the remaining balance except for the current year. 3 11397.DOC . Pike Lake Trail assessment terms are on trunk acreage over 5 years, paving over ten years, sewer and water over 20 years, and any amount over 150 feet has been given a five year deferment. If development would occur, there would be special assessments on that amount. The interest rate is 8%, and based upon approval today, it is subject to 58 days of interest. The method of payment is in full, within 30 days at no interest, or a one-time payment within 30 days for a reduction, or the final option is available only for the current payoffbalance. . City Engineer Ilkka reviewed the improvements. The Mushtown Road project entailed grading and minor storm sewer, curb and gutter, soil corrections, bituminous surfacing, and connects W oodridge Estates into Mushtown Road. It was a straightforward road improvement project. . City Engineer Ilkka said the Pike Lake Trail project required curb and gutter, extensive grading, extensive storm sewer installation, and significant cost to complete. Both included sidewalk and bituminous trail. There was a minor amount of retaining wall done in Pike Lake Trail. This connected into the Knob Hill development. The water main extended from the developer's plat line, and sanitary sewer connected from where Maple Hill ended to serve the Vierling property. . Mayor Andren clarified that the Knob Hill 2nd paid for the southerly portion of Pike Lake Trail. . City Engineer Ilkka said yes. . City Manager Boyles asked in the City Engineer's professional opinion, does the special assessment benefit equal or exceed the amount proposed in the assessment roll? . City Engineer Ilkka said the benefit equals or exceeds the amount proposed in the assessment roll in his professional opinion. . Councilmember Mader said looking at the assessment amount in the letter from Kelley and Bannigan, what is provided in the report is a different number than what is in the letter by a significant amount. . City Engineer Ilkka said that Bannigan and Kelly may have taken the assessment from a letter we sent them earlier. The proposed assessments were initially much higher than the actual assessment. . Mayor Andren asked if there was anyone in the audience who wished to comment. . Steven Kelley of Bannigan and Kelley, representing Ed Vierling of 14340 Pike Lake Trail, addressed the Council. He said first he would like to see the new numbers. He said he was planning to argue that $83,000 was not an appropriate assessment. He said he would let his objection stand until they have time to review the new numbers. 4 " 11397.DOC . Mayor Andren confirmed that the actual assessment to Ed Vierling was $29, 928, not $83,000. . Jack Hunter president of Holy Cross Lutheran Church addressed the Council. He said it was an 8 year old congregation. He said the objection is that they purchased the land at $50,000 and the building at $250,000, and with site work an additional $50,000. He said they wanted an appraiser to assess the increase in value and did not feel the assessment is appropriate. . David Triebel of 14264 Metopa Circle NE addressed the Council. He wanted to object to the water service. He said the sewer to his lot comes down Pike Lake Trail. He originally thought his water came from the same place as his sewer. He said he would gladly pay for the service from the main line. The fee they paid from the trunk line he thought they were already paying for it. At the time they obtained the Certificate of Occupancy, they built retaining walls in the front yard, so water cannot come through the front yard. . Mayor Andren read a written objection from David Triebel. She asked if anyone else wished to speak. . Mayor Andren noted for the record that no one else wished to speak. . Councilmember Mader said the August 1997 letter set the Vierling property assessment at $89,000 and now it is only $29,928. He questioned the difference. . City Engineer Ilkka said it was based upon the value that could be supported by the property . . Finance Director Teschner said initially, they considered the worst case scenario with full development potential, but found the property has severe physical restraints. They took the approach to treat it as one buildable parcel. It went from full development potential to the amount the single parcel could sustain. Finance Director Teschner said Mr. Triebel was not being assessed for paving. . Councilmember Schenck said the church concerns him. How does the City propose to address the proof of the proposed valuation increase to the property? . Finance Director Teschner said there is more history to the parcel where the church originally approached the City to hook up to sewer. They were concerned about hooking up sewer and entered into an agreement that was approved some years ago. The City informed the Church that if they were to bring in sewer, they would have to pay for the cost, and ultimately would have to pay for paving and the water line. The Church agreed and understood. Their water assessment is very low. There is no question as far as the benefit. The City informed them that when Pike Lake Trail was upgraded to urban standards it was quite expensive. The Church was aware of it and did acknowledge it. This was based upon rates approved by Council and Special Assessment Committee. In this case, the City used the identical frontages as used in 5 1993. It is still staff s recommendation to go forward with the assessment as presented. . Councilmember Schenck asked does the widening of CSAH 42 take off some of the church frontage? . Finance Director Teschner said yes and that is reflected in the assessment roll. . Jack Hunter, President of Holy Cross, said there may be some dispute. He said in 1993 when they built they were told they had to request sewer when applying for a building permit. Larry Anderson worked with the developer to try and have them pay all costs of the access road. MOTION BY SCHENCK SECOND BY ROBBINS TO APPROVE RESOLUTION 97-97 ADOPTING THE ASSESSMENT ROLL FOR PROJECTS 95-07 MUSHTOWN ROAD AND 97-17 PIKE LAKE TRAIL. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADJOURN THE PUBLIC HEARING. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. Eagle Creek Villas Assisted Living Facility 7. OLD BUSINESS: Kl"tpncl npllcllinp PTm A. Consider Approval of Resolution 97-98, a Request to Extend Deadline for Submittal of Final PUD Plan for Eagle Creek Villas Assisted Living Facility Project. . City Manager Boyles introduced the item. He said this extension has been requested in accordance with the City Code by the developer in order for the developer to obtain proper financing. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-98 REQUESTING AN EXTENSION OF THE DEADLINE FOR SUBMITTAL OF THE FINAL PUD PLAN FOR EAGLE CREEK VILLAS ASSISTED LIVING FACILITY PROJECT. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 8. NEW BUSINESS: A. There was no new business. 9. ITEMS REMOVED FROM CONSENT AGENDA A. There were no items removed from the Consent Agenda. Special Meeting Date Canvass F.lpdion Rpslllt~ 11397.DOC 6 10. OTHER BUSINESS: 11397.DOC A. Set Meeting Date to Canvass Election Results - Proposed: Wednesday, November 5, 1997,5:30 p.m., City Hall. . Mayor Andren asked who would be in attendance. She said she would not be present. . Councilmembers Kedrowski, Mader, Robbins and Schenck said they would be there. . Councilmember Kedrowski said he had an item for other business. He said the Highway 13 study should be taken off the shelf and referred back to the EDA. He said he would like to see it revised by the City and MnDot and would recommend the EDA look at it. . Councilmember Mader asked whether he meant to develop a recommendation or reach an agreement. . Councilmember Kedrowski said ultimately it has to be a Council decision but hopefully they can come to a consensus. Highway 13 Task For..p Rpnort MOTION BY KEDROWSKI SECOND BY ROBBINS TO BRING THE HIGHWAY 13 REPORT TO THE EDA TO REACH A CONSENSUS ON THE ACCESSES AND TO REVIEW THE BOUDIN ACCESS AND BRING IT BACK TO THE CITY COUNCIL. . Councilmember Robbins asked is there a time line on it? . Mayor Andren asked whether Kedrowski meant as soon as possible? . Councilmember Kedrowski said yes, as soon as possible, just for a consensus, the EDA works with businesses and this would be addressing intersections in business areas. . Councilmember Mader said shouldn't we allow staff to work with neighborhoods on the issue? He said while we are talking about intersections at business areas, he would prefer to allow staff to work the problems out. . Councilmember Schenck said he can appreciate the concern of transferring this study to a business entity but the City should move forward. . Councilmember Mader said he had no problem moving forward. He said it is not just business it is engineering. . Mayor Andren said she would imagine the staff would work with the EDA as well as the City Council. She said they always have the staff work on issues such as this. . Mayor Andren called the question. 7 1 1397.DOC Upon a vote, ayes by Andren, Kedrowski, Robbins and Schenck, nay Mader, the motion carried. . Councilmember Mader asked if Burdick issue had been resolved. . City Attorney Pace said she had spoken with the Burdick attorney, who had agreed to install an eight foot fence at the property line, six eight foot tall trees and a berm conforming with current zoning ordinance. . Councilmember Mader asked if a certificate of occupancy had been issued. . City Manager Boyles said there may have been a temporary certificate of occupancy issued for a tenant finish. . Planning Director Rye said to his knowledge there were no certificates of occupancy issued. There may be a tenant finish in progress. . City Manager Boyles said he spoke with Ms. Hermann. The neighbors felt comfortable with the fence and berm. . Councilmember Mader asked if it was a non-conforming building because the building is within 61' of the rear lot line but the building eve is within 57'. . Planning Director Rye said yes. . Councilmember Mader said shouldn't Burdick apply for a variance? . City Attorney Pace said yes. . Councilmember Mader said so there is a building not conforming to our ordinance. He asked if they could recognize the property owners in the audience. . Mayor Andren said he could do that ifhe wanted to. . Councilmember Mader said yes he would like to do that. . Maureen Hermann said they talked with Mr. Burdick earlier who turned down the eight foot fence before they sought legal counsel and said the residents should pay for it. She said the eight foot fence would not give them their property value or peace of mind back. She said before they hired legal advice and their own surveyor to tell them the property was too close, everyone gave them the run around. She said they don't want to come to a decision at this time. She said they want their property values and their peace of mind back. . Mayor Andren asked Ms. Hermann what she would like the Council to do? She said it was an unfortunate situation. She said short of having Burdick take the building down, what would make Ms. Hermann and the neighbors happy? 8 11397.DOC . Maureen Hermann said she was not prepared to answer that at this time. She said they would meet this week as a neighborhood and meet with attorneys and talk about how to get costs back they have lost. . Mayor Andren asked Ms. Hermann when she would let the City know what the neighborhood wants. . Maureen Hermann said she did not knOW. . Mayor Andren said so you will get together with your neighbors and will talk about what will be an adequate solution? . Ms. Hermann said yes. . Mayor Andren asked that the neighbors put their desires in writing and submit them to the Council. . Councilmember Schenck said they have an area with potential for development in the same area. What steps are we taking to assure that does not happen again? . City Attorney Pace said with respect to the condition of the subdivision, provisions apply to that if the original developer is involved. . Councilmember Schenck asked if they will upgrade to 1997 ordinance provisions and stay within the ordinance? . City Attorney Pace said a berm is only required between residential and commercial lots if there is a parking lot, and only a 30 inch berm is required. Today's ordinance, like in 1981, there can be a 6 foot fence between residential and commercial. . Mayor Andren asked would it be wise to upgrade the Zoning Ordinance to allow for more substantial separation of commercial and residential? . Planning Director Rye said the new Zoning Ordinance has provisions for buffering yards. . Councilmember Mader asked about the issuance of a certificate of occupancy. . City Attorney Pace said the Council can decide how to handle it. It is covered under discretionary immunity. . Councilmember Mader said the business owner should get his variance before he gets his permanent occupancy permits. . Planning Director Rye said the intention is to hold the permit open until everything is resolved. 9 . City Attorney Pace said tenant finishes are taking place. . Councilmember Mader asked will staff do everything to see that a permanent occupancy permit is not issued until this is resolved? . Planning Director Rye said yes. 11. ANNOUNCEMENTS/CORRESPONDENCE Cleary Lake Amnhithplltpr . City Manager Boyles, said a Public Information Meeting on the Cleary Lake Amphitheater has not been scheduled. The Orchestra Associaiton has been asked to prepare a number of environmental reports. Until the reports are done, there is no good reason to conduct public meetings on the subj ect. . Mayor Andren said she received a lot of letters, and there is not a lot of understanding of what the process is. Prior Lake has no jurisdiction over this at all. In the future the City may be asked for extension of sewer and water. All letters received should be given a copy of the County process which tells them about the County's involvement and the process. MOTION BY ANDREN SECOND BY KEDROWSKI TO HAVE STAFF CORRESPOND WITH RESIDENTS THAT HAVE WRITTEN TO CITY REGARDING AMPHITHEATER TO TELL THEM ABOUT THE PROCESS. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins and Schenck, the motion carried. . City Manager Boyles addressed the Raspberry Ridge 3rd Addition water problems. He said the only item remaining is a restoration of turf following installation of a drainage pipe. . He said finally, a temporary situation exists with the sand/salt building. There is considerable sand/salt being temporarily stored outside the building. This is only a temporary situation caused by relocation of the City's existing sand/salt inventory from Markley Lake to the new sand/salt building. 12. ADJOURNMENT MOTION BY SCHENCK SECOND BY MADER TO ADJOURN THE MEETING. The n, Kedrowski, Mader, Robbins, and Schenck, the motion carried. ~ J/ ~ i II..J _ . '-/'Gi/UtvL. U~ Recording Secretary 11397.DOC 10 -.. .. :.. PRIOR LAKE CITY COUNCIL NOVEMBER 5TH, 1997 5:30 P.M. CITY HALL 1. CALL TO ORDER: The meeting was called to order at 5 :26 p.m. by acting Mayor Pete Schenck. Present were: Acting Mayor Schenck, Councilmembers Kedrowski, Mader, and Robbins, City Manager Boyles, Finance Director Teschner, and Councilmember-Elect Jim Peterson. Jim Ericson was also present.Mayor Andren was absent. 2. ITEMS OF BUSINESS: a) CANVASSING THE ELECTION RESULTS . Acting Mayor Schenck indicated that the purpose of the meeting was to canvass the November 4 election results in accordance with statutes. City Manager Boyles distributed Resolution 97-99 explaining that it reflects the vote totals for Mayor and City Council by precinct. There was discussion about over/under votes, total votes cast and procedure for recount. MOTION BY ROBBINS SECOND BY KEDROWSKI TO APPROVE RESOLUTION 97-99 TO CANVASS THE RETURNS OF THE CITY OF PRIOR LAKE MUNICIPAL ELECTION. Upon a vote, ayes by Kedrowski, Mader, Robbins, and Schenck, the motion carried. 3. ADJOURNMENT: a) djoumed by consensus at 5:36 p.m. 16200 Eilgl.~nU7.~or Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER