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HomeMy WebLinkAboutCity Council Agenda Packet 8-20-13 TI 1F CITY 01, Our ]Mission is to Provide Quality Public Services LAKELMO E in a Fiscally Responsible Manner While Preserving the City's Open ,Space Character NOTICE OF MEETING City Council Meeting Tuesday, August 20, 2013 7 00 Palm City of Lake Elmo 13800 Laverne Avenue North AGENDA A. Call to Order B. Pledge of Allegiance C. Roll Call D. Order of Business E. Approval of Agenda F. Accept Minutes 1. Accept August 06, 2013 City Council Meeting Minutes O. Public Comments/inquiries H. Speak Your Peke - Council Member Moyer 1. Presentations 2. Apxsrove Employment Status Change of Certain Probationary Firefighters 2A. introduce New Fire Chaplain 1. Consent Agenda 3. Approve Payment of Disbursements and Payroll 4. Accept Financial Report dated July 31, 2013 S. Accept Building Permit Report dated July 31, 2013 6. 2012 Street and dater Quality Improvements - Pay Request No. 5 (Final) 7" 2013 Seal Coat Project -- Pay Request No. 1 (Final) B. Keats MSA Street and Trunk Watermain Improvements - Pay Request No. 3 9. Production Well No. 4 - Pay Request No. 1 K. regular Agenda 10, Adopt Zoning Amendment- Landscape Ordinance; Ordinance 08-087, Resolution 2013-65 11. Water Meter Conversion Update 12. Consider Hiring Representation from a Lobbying Firm for the $2.6M State Bonding Request 13. Old Village Planning &Development Schedule 14. Council Retreat Recap Sum m- ary Reports and Announcements * Mayor o Storm Cleanup Recognition Luncheon ® Council * City Administrator * City Attorney * Planning Director * City Engineer ® Finance Director * City Clerk M. Adjourn LAKE EL MO CITY COUNCIL MINUTES August 06, 2013 CITY OF LAKE ELMO CITY CO(JNCIL MINUTES August 06,2013 Mayor Pearson called the meeting to order at 7:00 P.M. PRESENT: Mayor Pearson,Council Members Bloyer,Nelson,and Smith. Also Present: City Administrator Zuleger, City Attorney Snyder, Planning Director Klatt, City Engineer Griffin,Finance Director Bendel,and City Clerk Bell. PLEDGE OF ALLIGENCE City Clerk Bell swore in new Council Member Mike Reeves. APPROVAL OF AGENDA MOTION: Council Member Smith moved TO APPROVE THE AUGUST 06, 2013 CITY COUNCIL AGENDA ASAMENDED. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 1:ACCEPT MINUTES THE JUL Y 16, 2013 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE, CITY COUNCIL. PUB AC COMMENTS: Librarian Linda Orsted spoke about the library and her desire to partner with the City. 1000 library cards have been issued. There have been 880 visits in July. Continuing summer reading program. Coffee and periodicals are popular. Programming on Wednesdays include a game and nutrition day. Storytelling events involving Cathy Cowen and Cheryl Sawyer. SPEAK YOUR PEACE: Council Member Smith spoke about the SYP tenet of Be Inclusive. This principle means welcoming all groups of citizens to work towards the improvement of the community. Lake Elmo is full of energized citizens,and while perhaps not always in agreement,the City has an obligation to include all residents'input. Council Member Bloyer will be next, PROCLAMATION Mayor Pearson read the Lake Elmo Days Proclamation.September 6-7 is the 2nd Annual Lake Elmo Days. PRESENTATIONS City Administrator Zuleger recognized Washington County Commissioner Gary Kriesel and Mike Polehna for their efforts in the storm damage cleanup. Wayne Sandberg was also recognized for his assistance,but he was not able to attend the meeting. Commissioner Kriesel said his relationship with Dean Zuleger is great and taxpayers expect collaboration from government. Mike Polehna reiterated the great relationships and partnerships. Page 1 of 8 LADE EL MO CITY COUNCIL MINUTES August 06, 201 He also said he was told last weekend that the regatta held on Lake Elmo was the largest event and the finest area they have ever held in the US. He again attributed the success to the partnership. CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Approve rescheduling of November 5, 2013 Council Meeting 4. Authorization for John Schiltz to Dispense Beer and Wine Coolers at Lake Elmo Days Community Event on September 6 and 7, 2013 5. Appointment of Brett Emmons to the Library Board 6. Appointment of Council Member Nelson to the Economic Development Authority MOTION: Council Member Nelson moved TO APPROVE THE CONSENT AGENDA. Council Member Reeves seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 9: SAVONA RESIDENTIAL SUBDIVISION„1LENNARj PRELIMINARY SLAT Planning director Klatt presented the preliminary plat application for the 310 residential unit Savona subdivision by Lennar. It will be a 4-5 phase development over several years. Consists of 113 acres located on land west of Keats Avenue. it will include 188 single family lots and 122 multi- family units. It will also include an east-west minor collector road from Keats Ave. Mr. Klatt reported that the preliminary plat is Camp Plan compliant and consistent with zoning regulations.Noted one staff demand was to maintain the 100 foot buffer from Stonegate. Mr. Klatt summarized the Planning Commission and staff reports and comments. It passed the Planning Commission on a 3-2 vote. It was noted that the "No" votes were concerned about the adequacy of park land. They did not think that the cash in lieu of land dedication was sufficient. Mr. Klatt highlighted the conditions of approval. Comments include statement from Dale properties stating they are willing to work with developer on street connections. Also included are comments on the preliminary park area. Included are comments from Amaris homes requesting realignment of 5th Street. Mr. Klatt reported that staffs recommendation is to approve the plat with the 28 conditions of approval.The council then discussed the various conditions. Council Member Nelson asked about the trail system around the "exception" area. Mr. Klatt responded that it does connect to Stonegate Park. Mr. Nelson also asked about Condition #9 (landscape plan). He wanted to know if an independent forester consultation is required. Mr. Klatt responded in the affirmative. Council Member Smith stated it has been done all the other developments and that it is a very common practice. Council Member Bloyer asked about Condition #5 regarding the placement of the trail. Klatt explained that the Planning Commission's suggestion was to have it closer to the new lots as opposed to the pre-existing neighborhood. Mayor Pearson stated that he believed the "bottom 1/3" language was too rigid and possibly onerous. Mr. Bloyer sought clarification on Condition #14. It was explained that because some details are still being determined, it was recommended that it be a condition. Mr. Bloyer also questioned Page 2 of 8 LAKE ELMO CITY COUNCIL MINUTES August 06, 2013 Condition #13 involving the Wetland Conservation Act and water shed districts and wondered if it was necessary. Mr. Klatt stated it was necessary. Council Member Reeves asked about the alignment of ,t, Street. Mr. Matt stated that the City is leaving it up to the private property owners to come up with a solution. The city does not want to get involved in the private transaction. City Administrator Zuleger stated that the City does have planned meetings coming up with the property owners. Mayor Pearson asked about streets A and B and their alignment. It was explained that staff wanted it changed a little to facilitate movement, but the Planning Commission wants it more as a traffic calming feature. City Engineer Griffin explained the transportation needs further work. He stated it was actually his suggestion to realign it, and that according to studies, intersections are poor traffic "calmers". The curving of the streets can calm traffic. Ms. Smith expressed her disagreement with the studies based on her experience in her neighborhood. Mr. Nelson asked about Condition #10 regarding sidewalks. Mr. Klatt explained that they are on both sides in the multi-family areas due to more people are expected to use them. Mr. Pearson asked about power line easements. Klatt explained that there are easements on parts and that those areas cannot be used for the parkland dedication. Ms. Smith asked about Condition #27 (reusing trees). Klatt explained that the developer is being asked to reuse trees where they can. Joe Jablonski from Lennar addressed the council. He thanked staff for their hard work. He also stated that the comments and conditions do not concern Lennar at this point. Mr. Pearson asked about the A/E streets' alignment. Mr. Joblonski stated that their intention was to prevent a drag strip. Mr. Reeves acknowledged the work the Planning Commission has done and that stated he appreciated the vigorous debate the Planning Commission had over the street alignment item. The trail buffer was discussed. It was suggested that the language be changed to "encouraged to" vs. "must". Mr. Klatt stated that Council would have another review at the Final Plat stage.At this point the Council is setting their expectations. Ultimately, it is up to council. Ms. Smith stated her preference to leave it as is for now and let any. MOTION:Mayor Pearson moved TO AMEND SMITHS MOTION DYAMENDING CONDITION NO. 5 TO REPLACE "MUST DE LOCATED" WITH "IS ENCOURAGED TO DE LOCATED." Council Member Smith seconded the motion. MOTION PASSED 5-0. Mr. Nelson brought up his reluctance to require the tree consultation. It is his opinion that the tree ordinance should be enough. Ms. Smith disagreed that it is a penalty. It is reasonable in her opinion. This has been a standard practice and requirement. Mr. Reeves asked Mr. Klatt if the tree ordinance addresses landscaping. Mr. KIatt stated it does not. Mr. Klatt explained that the landscaping ordinance and tree ordinance and this plat all come together to achieve the desired requirements. Mr. Nelson said that the ordinances should be amended instead to require the forester approval. The City is setting precedent with this development. Mr. Bloyer said he is in agreement. He wants to know the long term economic consequences of these requirements. Mr. Klatt said that the main Page 3 of 8 LADE ELMO CITY COUNCIL MINUTES August 06, 2013 purpose is to notify the developers that the City will require an independent consultation. The City does not have internal resources. Ms. Smith said there have been times when the wrong vegetation has been put in and this Condition.would address that. MOTION: Council Member Smith moved TO APPROVE RESOLUTION 2013-64, APPROVING THE SAVONA PRELIMINARY PLAT WITH 28 CONDITIONS OF APPROVAL AS AMENDED. Mayor Pearson seconded the motion. MOTION PASSED 5-0. ITEM 10: LAKE ELMO AVE. INFRASTRUCTURE IMPROVEMENTS• I-94 TO 30TH ST - ACCEPT BIDS AND AWARD CONTRACT: RES.2013-59 City Engineer Griffin explained the lake Elmo Ave. Infrastructure project. The City received 4 bids ranging from $3.46-3.96 million.The low bid was Minger Construction. Mr. Griffin stated that staff has good history working with them. The bids were higher than initial estimate, but the 10% built- in post-design contingency covers the difference. It still is under budget. This project also includes the $1 million MNDEED grant. Construction is expected to start in early September 2013. Substantial completion date is estimated at December 20, 2013; final completion is expected to be June 2014. Council Member Nelson asked about the bonding amount. Finance Director Bendel stated it is $3.3 million. Mayor Pearson asked about performance contracts. Mr. Griffin said that the"standard bond agreement is used. Council Member Reeves asked about the low vs. responsible bidder. Mr. Griffin explained how "responsible"is determined. Because of the technical specs,it allows the bids to be very comparable "apples to apples." State statutes also dictate how bids should be awarded. In most cases, the low bid must be awarded. There are limited circumstances that allow an entity to skip the low bid. Mr. Reeves asked if Minger has done another similar project recently. Mr. Griffin said they just did a similar project in Victoria,MN. Council Member Bloyer stated that after seeing the data and reports, he is proud to vote on this to bring Lake Elmo forward. MOTION:Council Member Smith moved TOAPPROVE RESOLUTION 2013-59,ACCEPTING THEBIDS AND AWARDING A CONTRACT TO MINDER CONSTRUCTION, INC., IN THE AMOUNT OF $3,463,201.60, FOR THE LAKE ELMO AVENUE SEWER INFRASTRUCTURE IMPROVEMENTS: I-94 TO 30rn STREET Mayor Pearson seconded the motion. M077ON PASSED 5-0. ITEM 11: WELL N€}. 4 CONNECTING WATERMAIN -- AUTHORIZE THE. PREEARAT1®N,,,nLA FEASIBILITY REPORT,• RES,2013-60 City Engineer Griffin explained the Well No. 4 Connecting Watermain Project. Staff is requesting that Council authorize a feasibility study. Study has$3900 cost estimate. MOTION.Council Member Nelson moved TO AMEND PEARSON'S MOTION TO ADD "NOT TO EXCEED $3,900 TO THE RECOMMENDED MOTION." Council Member Bloyer seconded the motion and subsequently withdrew his second. MOTION FAILED FOR LACK OF SECOND, The consequences of limiting the amount if costs do exceed were discussed. Mr. Griffin explained that the Council would need to have re-approve more funds. Council Member Bloyer withdrew his second after the discussion. Page 4 of 8 LAKE ELMO CITY COUNCIL MINUTES August 06, 2013 MOTION: Council Member Reeves moved TO AMEND PEARSON'S MOTION TO ADD "NOT TO EXCEED $3,900 UNLESS APPROVED BY THE CITY ADMINISTRATOR" TO THE RECOMMENDED MOTION." Council Member Nelson seconded the motion. MOTION PASSED 5-0. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2013-60, ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS NOT TO EXCEED $3,900 UNLESS APPROVED BY THE CITY ADMINISTRATOR, Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 12: PUMPHOUSE NO. 4 AND CONNECTING WATERMAIN IMPROVEMENTS - AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS AND APPROVE ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT-RES.2013-61 City Engineer Griffin explained the Well No. 4 Pumphouse project. Three bids were received. There was a wide range of bids. Bolton & Menk was the low Said at $81,869. Engineering verified the bids and recommends awarding the project to Bolton & Menk. Council Member Reeves asked for clarification on what"P&S"was. Mr.Griffin explained that it is"Plans and Specifications." MOTION: Council Member Smith moved TO APPROVE RESOLUTION NO. 2013-61, ORDERING PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE PUMPHOUSE NO. 4 AND CONNECTING WATERMAIN IMPROVEMENTS; AND AWARDING AN ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT AS RECOMMENDED BY THE CITY ENGINEER. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 13: INWOOD BOOSTER STATION AND TRUNK WATERMAIN IMPROVEMENTS- AUTIIORIZE THE PREPARATION OF A FEASIBILITY REPORIL_RES_2013-62 City Engineer Griffin gave an overview of the project.This is for the Inwood Avenue booster station.A major question if whether or not to include nearby neighborhoods.One option is to include Parkwood Estates and pick up 32 properties. Simply running down Inwood and skipping Parkview Estates would be wasteful. Staff does not recommend including all the adjacent properties at this time,but instead do them later as independent projects. City Administrator Zuleger noted that this area uses GAC (granular activated carbon) filter systems due to water quality issues. Council Member Smith concurred and stated that many of those homes want water. One goal is to connect to Eagle Point Business Park. The route of the watermain is not exactly known at this time, but there are multiple options to connect. Mr. Zuleger said the City is in weekly conversations with those nearby property owners/developers. A friendly amendment was offered to add "not to exceed $6,700 unless approved by City Administrator"to the motion. MOTION: Council Member Reeves moved TO APPROVE RESOLUTION NO. 2013-62, ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE INWOOD BOOSTER STATION AND TRUNK WATERMAIN IMPROVEMENTS NOT TO EXCEED $3,900 UNLESS APPROVED BY THE CITY ADMINISTRATOR. Council Member Smith seconded the motion. MOTION PASSED 5-0. Page 5 of 8 LAKE ELMO CITE' COUNCIL MINUTES August 06, 2013 ITEM 14: PRESENTATION OF FINANCING PLAN OF G.O. BONDS SERIES 2013AAPPROVAL OF THE ISSUANCE OF G.O.BONDS, SERIES 2013A° RES. Finance Director Bendel introduced Paul Donna from Northland Securities. He explained the bonding process. In order to fund various infrastructure projects in 2013 (Keats MSA Street and Trunk Watermain Improvements, Production Well #4 and connecting Watermain, Lake Elmo Avenue Sewer Infrastructure Improvements and the Section 34 Water and Sewer Utility Extension), G.O. Bond funding will be necessary. There is currently a large demand for municipal bonds. Property tax revenue will not be used to pay debt, however, the City will still able to use taxes if the revenue is short. Hoping to price bonds in mid-September. Council Member Nelson asked about the prepayment option. There is no penalty during the allowed time. Council Member Reeves also asked about the accrued interest and if it was due at the prepayment. It will be due at the call date. Depending on when the prepayment takes place, there may be some accrued interest. MOTION: Council Member Smith moved TO RESOLUTION NO. 2013-063, AUTHORIZING THE ISSUANCE OF G.D BONDS,SERIES 2013A IN THEAMOUNT OF$5,725,000. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 15: O SON-.1AKE TRAIL SANITARY SEINE EXTENSION - DISCUSSION AND CONSIDERATION OF PRO E T ALTERNATIVES ; Mayor Pearson asked if postponing this item was an option. City Engineer Griffin said that because of the hearing requirements it would have to be postponed to September 3. Mr. Griffin explained the options and gave a recap of the project. It is a joint project with the City of Oakdale. Lake Elmo tool{ lead at the feasibility stage. Oakdale did the design, and bids came in higher than expected.The question now is how to proceed with high bids. Mr. Griffin explained the four options presented and the pros and cons of each, It was explained that the bids were high because of how small the project was.The first phase only involves seven properties. The four options are: .1. Award the Contract to the lowest responsible bidder and absorb additional costs funded through the Sewer Enterprise Fund. 2. Rebid the project as an "add alternate"to the Section 34 Water and,Sewer Pro%ect 3. Reject all bids and wait to complete Phase I and Please 2 together when the County resurfaces Olson Lake Trail(in 2015 or 2016). 4. Rehear the project and consider raising the assessment amount levied against the benefitting property owners to cover the additional construction costs. One issue is asking contractors to hold bids past the 30/60 days. The deadline is 8/1.3. Mr. Griffin explained the timing with Lake Elmo and Oakdale Council decisions. Mr. Pearson asked about the risk of not deciding. It was explained that the risk is that the project could unravel. Mr. Pearson stated he is in favor of rehearing(option #4). Council Member Smith clarified the risks with the re-hearing option. She does not think that the City should risk another hearing and having the project unravel. Council Member Bloyer clarified the dates again and confirmed that the contractor will hold the bid. City Administrator Zuleger noted that Oakdale will be going ahead with the project regardless for their two properties.They are planning on paying the difference. Their mature sewer system helps pay for it. Mr. Zuleger also noted that the new price of$25,000 is about the cost of a new septic Page 6 of 8 LAKE ELMO CITY COUNCIL MINUTES August 06, 2013 system. He further noted that a new system would have to be a mound system. He also explained the environmental benefits of city sewer vis-A-vis the lakes. Council Member Reeves asked about the length of the assessment. The assessment would be over 15 years.Mr. Reeves also asked if it was explained at the previous hearing that the estimated figure could go higher.Mr.Griffin stated that the figure can be lowered after the hearing,but not raised. Ms. Smith again stated she was uncomfortable with a rehearing. Project Phase 11 and the differing costs and payments were discussed. Mayor Pearson noted that this is also setting a precedent. He again expressed his preference for a rehearing.The project's scope was discussed.Mr.Reeves asked about the financial impact. It was explained that funds would come out of the sewer fund. Roughly $5,000 would be left. If more emergencies occurred, additional funds would come out of the Contingency Fund and a General Fund loan. MOTION: Mayor Pearson moved TO APPROVE OPTION #4 (DIRECT STAFF TO TAKE THE FOLLOWING ACTIONS REGARDING THE OLSON LADE TRAIL SANITARY SEWER EXTENSION PROJECT: REHEAR THE PROJECT AND CONSIDER RAISING THE ASSESSMENT AMOUNT LEVIED AGAINST THE BENEFITTING PROPERTY OWNERS TO COVER THE ADDITIONAL CONSTRUCTION COSTS). Council Member Nelson seconded the motion. MOTION FAILED 2-3 (SMITH, BLOYER, & REEVES--NAY). Mr.Reeves said he has heard that the environmental quality of the lakes is serious. He is concerned with doing anything to delay that. He wants to be consistent with their decisions. He also wants to maintain the Oakdale relationship. Pearson agrees with the environmental concerns, but he has heard other instances of the high bids. Ms. Smith wants to show the water quality is important. Mr. Pearson agreed that water quality is important. Mr. Nelson also agrees with environmental quality, but he wants the 5 residents affected to hear the new price. He does not want to set precedent of kicking in $7,000 each time a project is underestimated. Finance Director Bendel also stated that the terms could be extended beyond the 15yrs. Mr. Reeves asked if rehearing is held, can the city go to something other than $25,600. Mr. Griffin said yes and noted that after the hearing, the City can lower number, but it cannot be raised. Ms. Smith again warned that the rehearing could be contentious. She wants it to be equitable with Phase II. Mr. Nelson stated that he believes it would behoove council to hear from the residents. He is concerned with protecting the taxpayer dollars. Mr. Reeves sought clarification of the impact on Oakdale.Mr.Zuleger stated that as long as the project goes forward Oakdale is good. MOTION: Council Member Smith moved TO APPROVE OPTION #1 (DIRECT STAFF" TO TAKE THE, FOLLOWING ACTIONS REGARDING THE OLSON LAKE TRAIL SANITARY SEWER EXTENSION PROJECT: AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER AND ABSORB ADDITIONAL COSTS FUNDED THROUGH THE SEWER ENTERPRISE FUND, Council Member Reeves seconded the motion. MOTION PASSED 3-2 (PEARSON&NELSON-NAY) After the vote, Susan Henderson addressed the Council as one of the affected residents. When the project was initially proposed, she thought it sounded good. She noted a Star Tribune article on construction costs being high right now.Perhaps the high costs may be a temporary problem.She is concerned about fair treatment from the City of Oakdale. She does not want to be treated as a second class sewer customer. Page 7 of 8 LAKE ELMO CITY COUNCIL MINUTES August 06, 2013 Mr.Zuleger said residents will be treated fair.It was explained that price indexing is typical of cross community projects such as these. Mayor Pearson said he believed the decision was probably the right one despite him being on the losing end. ITEM 16: CONSIDER PLANNING COMMISSION APPOINTMEa Mayor Pearson stated Jill Lundgren was well received during interview.There was no discussion. MOTION: Council Member Smith moved TO APPOINT JILL LUNDGREN OF 8282 HIDDEN BAY COURT NORTH AS 1ST ALTERNATE ON THE LADE ELMO PLANNING COMMISSION, EFFECTIVE IMMEDIATELY' Council Member Bloyerseconded the motion. MOTION PASSED 5-0 ITEM 1.7: CONSIDER HIRING REPRESENTATION FROM R LOBBYING FIRM FOR A S2.614 STATE BONDING REQ_UES'I' MOTION: Mayor Pearson moved TO POSTPONE ITEM 17 TO A LATER COUNCIL MEETING, Council Member Reeves seconded the motion. MOTION PASSED 5-0 MOTION: Mayor Pearson moved TO MOVE ITEM 18 BEFORE THE COUNCIL AND STAFF REPORTS. Council Member Reeves seconded the motion. MOTION PASSED 5-0 MOTION: Council Member Smith moved TO CLOSE MEETING AND ENTER EXECUTIVE SESSION PER MINNESOTA STATUTE 1 3D.05, SUBD. 3(B) ATTORNEY CLIENT PRIVILEGE REGARDING CITY OF LAKE ELMO V .3M CORPORATION. Council Member Bloyer seconded the motion, MOTION PASSED 5-0. Meeting adjourned to executive session at 9:3 3 P.M. C€uncil Member Smith left at 10:00 P.M. MOTION: Council Member Nelson moved TO RECONVENE OPEN MEETING, Council Member- Reeves seconded the motion. MOTION PASSED 4-0. Open Meeting reconvened at 10:29 P.M. MOTION: Council Member Nelson moved TO DIRECT STAFF TO IMPLEMENT A TOLLING AGREEMENT WITH 3M REGARDING OUTSTANDING GROUNDWATER CONTAMINATION LITIGATION, Council Member Reeves seconded the motion. MOTION PASSED 4-0. Mayor Pearson noted that Council Member Smith expressed her support for agreement. SUMMARY REPORTS AND ANNOUNCEMENTS No reports given Mayor Pearson adjourned the meeting at 10:29 P.M. LADE ELMO CITY COUNCIL ATTEST: Mike Pearson, Mayor Adam R. Bell, City Clerk Page 8 of 8 TI 1E CITY C)F AKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 8/20/2013 PRESENTATION ITEM #: 2 AGENDA ITEM: Promotion of 5 Probationary Members to Firefighter status SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Dean Zuleger, City Administrator REVIEWED BY. Adam Bell, City Clerk f SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................................................Fire Chief - Report/Presentation.............................................................................................Fire Chief - Questions from Council to Staff..............................................................Mayor Facilitates - Public Input,if Appropriate.....................................................................Mayor Facilitates - Call for Motion................................................................................Mayor&City Council - Discussion.......................................................................................Mayor&City Council - Action on Motion....................................................................................Mayor Facilitates S IIi IENIARY AND ACTION REQUESTED: Staff respectfully requests that Council approve the promotion of Dominic Jara, Chris Supan, Alex Hilpisch, Tom Hilpisch and Rick Grimpel from Probation Status to Firefighter with the Lake Elmo Fire Department by taking the following action: "Move to promote probationary members Dominic.tiara, Chris Supan,Alas Hilpisch, Tom Hilpisch, and Rick Gimpel.from .Probationary to Firefighter status.„ Following approval Members will recite the "OATH OF OFFICE". STAFF REPORT: Dominic, Chris, Alex, Tom, and Rick have completed the requirements of Probation as follows: State Certified Firefighter I & II, State Certified HazMat Operations, First Responder and CPR; successfully completed approximately 200 hours of training, all while maintaining their response requirements of duty crews, all calls, and training. RECOMMENDATION: Staff recommends that council approve the promotion of Dominic Jara, Chris Supan, Alex Hilpisch, Tom Hilpisch and Rick Gimpel from Probation Status to Firefighter with the Lake Elmo Fire Department by taking the following action: "Move to promote probationary members Dominic faro, Chris Supan,Alegi:Hilpisch, Tom Hilpisch, and Rick Gimpelfirom Probationary to Fir•,�fighter status,p' Following approval Members will recite the "OATH OFF OFFICE", 1 TI fE CITY OF E ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 8/20/2013 PRESENTATION ITEM##: 2A AGENDA ITEM: Introduction of Richard "Woody" Glanzer to Council I SUBMITTED BY: Greg Malmquist,Fire Chief THROUGH: Dean Zuleger, City Administrator REVIENV D BY: Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS: - Introduction of Item.................................................................................Fire Chief -- Report/Presentation.................................................................................Fire Chief - Questions from Council to Staff.................................................. Mayor Facilitates SUMMARY AND ACTION REQUESTED: No action required. This is to introduce Richard Glanzer to Council and Public. He will serve the department in a Support Services role as our first ever Department Chaplain. STAFF REPORT: Richard comes to us from Willmar FD where he served as Chaplain. He has recently purchased a home in Lake Elmo and approached us offering his assistance. His background and training are in Chaplaincy and Critical Incident Stress Debriefing, (CISD). We believe he will fill a critical void in dealing with and supporting family members when disaster strikes as well as helping department members in dealing with"difficult"call responses. RECOMMENDATION: Staff respectfully requests that council recognize Richard Glanzer in the Voluntary Support Services role of Department Chaplain.No formal action is required TH crrY OF LAKE O MAYOR AND COUNCIL COMMUNICATION DATE: 08/20/2013 CONSENT ITEM #: 3 AGENDA ITEM: Approve Disbursements in the Amount of$612,777.64 SUBMITTED BY: Cathy Bendel,Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$612,777.64 No specific motion is needed,as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 11,500.89 Payroll Taxes to IRS & MN Dept of Revenue 8/08/13 ACH $ 5,585.87 Payroll Retirement to PERA 8/08/13 DD4812—D4861 $ 35,480.25 Payroll Dated(Direct Deposits) 8/08/13 40205-40208 $ 26,879.50 Accounts Payable Manual 8/8/2013 40209-40269 $ 532,611.13 Accounts Payable 8/20/13 2063-2069 $ 720.00 Library Card Reimbursement 8/20/13 .....__._._.___ „ TO'1 AL S 612,777.64 1 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and.Council direction. RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of$612,777.64 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so,the appropriate action of the Council following such discussion would be: G6Move to approve the August 20, 2013, Disbursements as Presented[and modffled/herein." ATTACHMENTS: 1. Accounts Payable—Check Registers SUGGESTED ORDER OF BUSINESS i removed&om the Consent A ends : - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates 2 y Ck) O O a q O O C> O p O pl G G `r. 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M•N O R00 G u N W > o C� as c- G S c ac 00 M w.a C LCl Q G b �i tye tw p F- O C O O w m O O (.�'` O enen Q M LL N N ITw d' ¢: O ' 0 oa 3 o c o n a o 0 a 000 m 00 oc dj CJ t 0Nopp � N00 d< oo � � m0 _ Q � � � uadrr ;Fc -r d � xooIr d t FI IF CITY O� MAYOR AND COUNCIL COhiIMUNICATION DATE: 8/20/2013 CONSENT ITEM#: 4 AGENDA ITEM: July 2013 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, The City Council is asked to accept the July 2013 Financial Reporting Packet. No specific motion is needed, as this is recommended to be past of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find a report for July reflecting the monthly detail supporting the year to date actual results and comparing those results to the 2013 Budget. On a year to date basis through July 31,2013, the actual results are$132k better than budget. The most significant variances are highlighted below: Revenues: • Building Pei rnit revenue for the month was 31% below budget. On a year to date basis actual activity is still above plan by 5%. It is believed that the severe stones caused numerous building delays for July. Plan review fees for the month were 5% above budget bringing the year to date revenue to 43%above budget. Expenses: Most departments are below budget for the month as all Departments continue to be very cost conscious. A few key items to note: 1 • The Levy funds were received early in July as expected. The Ad Valorum Taxes were slightly below budget (3%) but Lake Elmo once again qualified for the Fiscal Desparity Funds which were not budgeted for in 2013 ($114k). • Due to a lack of resources in the Finance Department, contract services had to be sought out from Smith Schaefer to assist with this process. As a result, the contract services for the month were $5k over budget since it was hoped that this would be compiled internally. • The Planning Department has incurred expenses above the amounts budgeted for many expense items due to the City expansion initiative. The majority of the expenses were related to Engineering support and Contractor expenses. • Please note that the salary expenses are based on more accurate departmental allocations than we had in August 2012 when the 2013 budget was initially compiled. As a result, some departments are above budget, while others are under but overall, personnel expenses are below budget. REC®MMENDATI®N: It is recommended that the City Council receive the July monthly Financial Reporting Packet as part of tonight's Consent Agenda. Alternately, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and review. ATTACHMENTS: 1. July Financial Reports 2 o 0 0 O o 0 o O e o 0 0 0 0 0 0 g O o 0 0 0 p o 0 0 0 g - o 0 0 o c o ?,� r O 00 b O 0 0 a M Ch r b in N kn 0 0 o p G O b b O O N M 0 0 0 � p ^ b ° U O a 0 0 0 G ct S [� r r C M N ^ d 0 O O C C 0 0 0 0 ct e1: G d a a\ o M 0 0 0 � cG ��•+ N N O G O O N O h C? O �D .� O C S C C C5 G 'IT kn C 00 00C C ao N CJ 00 •� r. �. ^ .� i kn i 00 O CV �o cl' C p G O ^ O C C O O m C G O O O M O N N^ kn p Q O w 5P C O .--� CT G S S O O 00 C O O G V: ll1 0 0 0 C 0 l:. 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G C> h to C> C> 6 C GC 0 C'> C> ty li 00 O N r M 00 t!) try q r 0 to O N V) C ^ G OQ :,1• to r 'D to O N r N 00 00 -a 00 <+1 r eV � cO 00 �-r r Z U � u z � � L 00d Z Z v a. .5 y td tc col c W N aQi v ° W c to �. p- fi. � � :D r: W f� -] rn F W c C' Ct' C4 c' 9z 9z Ca u z THL C:I'T'l' OF - M MAYOR AND COUNCIL COMMUNICATION DATE: 8/20/2013 CONSENT ITEM #: 5 AGENDA ITEM: New Single Family Home Permit Report St7B;i2ITTED BY: Rick Chase,Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Kyle Klatt,Planning Director SUMMARY AND ACTION I2.L,_Q TESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly permit report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT: Below is the year to date statistics through July 2013, Companion data is also include from prior years. 2013 2012 2011 New homes 21 20 14 Total valuation $9,179,742 $8,471,112 $6,120,800 Average home value $437,130 $423,555 $437,200 Please note the building department is transitioning to new software in July, additional reporting will be reviewed when install is complete. 1 s THE CITY OF KE 1\40 M.A.'rOR AND COUNCIL COMMUNICATION DATE: 08/20/2013 CONSENT ITEM#: 6 AGENDA ITEM: 2012 Street and Water Quality Improvements—Accept Improvements; Compensating Change Order No. 2; and Pay Request No. 5 (Final) SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REX7IEWED BY: Jack Griffin,City Engineer Cathy Bendel,Finance Director Mike Bouthilet,Public Works SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda : Questions from Council to Staff............................................................Mayor Facilitates Public Input,if Appropriate...................................................................Mayor Facilitates Call for Motion..............................................................................Mayor&City Council Discussion......................................................................................Mayor&City Council Action on Motion...................................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED- The City Council is respectfully requested to consider accepting the improvements; approving Compensating Change Order No. 2, thereby reducing the total contract amount by $61,816.36; and approving final payment to Hardrives, Inc. in the amount of $43,57953 for the 2012 Street and Water Quality Improvements. STAFF REPORT: The 2012 Street and Water Quality Improvements have been fully completed. The Project Engineer has prepared a Certificate of Completion and is recommending acceptance of the improvements and release of the final retainage. The one-year warranty period will begin on August 20, 2013, and will extend to August 20,2014. Final Payment in the amount of$43,579.53 has been requested by the Contractor, Hardrives, Inc., based upon the work completed. To close out the project a final compensating change order has been prepared to reconcile the final quantities installed on the project to the planned quantities at the time of bid, resulting in a deduct change order amount of$61,816.36. The final total construction cost for the project was $799,818.43 vs. the original. bid amount of $849,736.79. The Project is being funded through the issuance of bonds (Demontreville Area Street Improvement Project Fund); through the Surface Water Fund for Rain Garden Improvements; through Park Funds (for parking lot improvements); and through the levy of special assessments to benefitting 1 properties (30% of eligible project costs). With the total projects known, the City Engineer will prepare and schedule the final assessment hearing for the project. RMOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the improvements for the 2012. Street and Water Quality Improvements; approving Compensating Change Order No. 2 in the deduct amount of$61,816.36; and approving Pay Request No. 5 (Final) in the amount of $43,579.53. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to accept the irnprovements.for the 2012 Street and Water Quality Improvements,approve Compensating Change Order 1%7o. 2 in the deduct amount.of$61,816.36,and approve Pay Request No. 5 (Final) to Hardrives,Inc. in the amount.of$43,579.53': ATTACHMENT(S): 1. Certificate of Completion 2. Compensating Change Order No.2 3. Pay Request No. 5 (Final) 2 MY OF LAKE ELMO,MN :20 t2 STREET&WATER PROJr-CT NO.2012.123 3 QUALITY IMPROVEMENTS CERTIFICATE OF COMPLETION DATE OFISSU.-kNCE: August 20, 2013 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: HARDRIVES,INC. PROJECT NAME: 2012 STREET&WATER QUALITY IMPROVEMENTS PROJECT NO.: Z This Certification of Completion applies to.all work under the Contract Documents. [] This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the.Contract dated July 17, 2012. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: August 20,2013 -Ryan W. Stei ski Reg.N(�, 4.5395 ng,in FOCUS En weeri'L c. 9 THE WARRANTY PERIOD BEGINS August 20,2013 AND ENDS August 20,2014 CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA FOCUS ENGRNEI=RING, iMIc. 2012 STREET AND WATER QUALITY 11\11pROVEMEiNTS PROJECT NO. 2012.123 CHANGE ORDER NO. 2 DATE: August 20, 2013 I TO: HARDRIVES, INC., 14475 QUIRAM DRIVE, ROGERS, MN 55374 This Document will become a supplement to the Contract and all provisions will apply hereto.The Contract Documents are modified as follows upon execution of this Change Order. CHANGE ORDER DESCRIPTION/JUSTI[FICATION: Compensating Change Order to revise quantities to reflect the actual quantities installed. Attachments (list documents supporting change): Change Order No.2 Itemization ITEM DESCRIPTION OF PAY ITEM UNIT QTY UNITE PRICE INCREASE/(DECREASE) ***SEE ATTACHED ITEMIZATION f __ NET CONTRACT CHANGE ($61,816.36) Amount of Original Contract $ 849,736.79 Sum of Additions/Deductions approved to date(CO No. 1) $ 11,898.00 Contract Amount to date $ 861,634.79 Amount of this Change Order (AD-D) (DEDUCT) $ (61,816.36) Revised Contract Amount $ 799,818.43 The Contract Period for Completion will be UNCHANGED �nii`ocncrn (DEGREASED)p (UNCHANGED) (�.} (�-, �) cI days S APPROVED BY ENGINEER; FOCUS Engineering, inc. APPROVED BY CONTRACTOR ENGINEER BY _........._ DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA f3' BY DATE s DATE FOCUS Engineering,inc. CHANGE ORDER FORM CHANGE ORDER NO. 2 2012 STREET AND WATER QUALITY IMPROVEMENTS FOCU - ENGENEERINGR inn. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2012,123 ITEM DESCRIPTION OF PAY ITEF.A UNIT ' CONTRp[T ?HIS PERIOD TOTALTODATE COMPENSATING 0092 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT AMOUNT AMOUNT I MOMUZATION a1.0 $45.850.00 545,85DOD 0.00 SOAO 1AD $45,850.0D 0.00 SG.a 2 TRAFFICCONTROL IS 1-0 SC'E'S.I9 $3,05,19 DOD $0.00 2.00 $3,695.10 GAG $0100 3 SAT FENCE LF 3a 53.21 5963.011 0.00 SOAG 300A S903A0 0.00 SOW 4 INLETPROTECTION EA 23 $96.40 $2.217X 0.00 $OAXD OA $O.OD •23.00 42,21710 5 TREE REMOVAL EA 11 $267.77 $2,945.47 0A0 50.00 12M S3,213.24 l.a $267,77 6 SALVAGE AND REINSTALL MAILBOX EA 85 $0.00 S5,525.00 0.0) Tom 0.0 $0.a •BS.a -55.525.00 7 SALVAGE AND REINSTALLS'.GN EA 35 $233.88 S4,685b0 GAO $0.00 0.0 5qa -85.a 44,68SAD 8 SAWQ77 BITUMINOUS AND CONCR ETE PAVEMENT IAQ TYPES) LT 1.790 $2.49 $4,457.16 G.a $OM 941,13 $2,343.09 I -849.00 -$2,114,01 9 REMOVE AND DISPOSE CONCRETE CURB AND GUTTER LF $5 $3.65 SaID.75 0.a $Oa 7310 $412.45 fill law $101,70 TO REMOVE AND DISPOSE Of EXISTING BITUMINOUS PAVEMENT SY 1,291 $4.60 $5.938.60 OLD783.00 sloe 60510 52, -685100 .53,lssfio 11 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT SY 520 $636 S3,41L20 D.00 Soma loom $656,00! -020.00 $2,755.20 12 REMOVE AND WSPOS60F EXISTING STORM SEWER CB/CBMH EA 1l S535.53 $5,890.83 GAD $OLD 32.0 $6,426.38 1.00 5535.53 III SALVAGE AND REINSTALL PAVERS SY 22 $52.90 $1141.80 0.03 So.a 0.0 soma -2200 -$1,141M I4 SUBGRAAECORRECUON SY 101104 $6.91 $9,701.64 O.a SOAA 1,0250 $7.=.75 -379.00 •S2,618,89 15 COM MC N EXCAVATION(CV)(P) Of 1,351 $1003 S13,523.53 0.00 $0,00 1,551.0 $33.523.51 Do) Some is CLASS 5 AGGREGATE BASE ilax CRUSHED) O 474 $lama S6,636.00 OAO $OLD 0.0 SO.a •474L0 -S6,636.a 17 SUCCTGRANULAR BORROW CY 512 $9.45 SA828.16 0AO some [ 342.0 $3,2MO6 -170.00 41,603.10 28 HAULOUT EXCESS MILLINGS CY 1,024 $896 $$17544 OLO $0.00 AZAD $7.419.88 490,a 41,756.16 19 PLACE WLAIMEDMATERIAL FROM OTHER.SITE5 CY 451 $8.49 $3.824A8 CIDD s0.a 56LO $4,757.28 1I0.00 $932.80 20 RECLAIM EXISTING BITUMINOUS AND BASEMATERIAS SV 39,406 $0.91 $34,949.46 DAD $DOD 36.128.0 534,6%.48 -278.00 •$252-98 21 SUBGRAOE PREPARATION OF RECLAIMEDSURFACE AS 100 $254.39 S25,439.00 0.00 50m 1004 S25,439.00 0.00 SOAO 22 sUBGRADE111PARATIONFORPARENGLOTS LS 1 $],695.97 $],fi9S.91 CAP $OM LC 51,69591 0.00 SO.a 23 12"CLASS S RC?STORM SEWER I 139 $36.42 $4,333.98 OAO $DD) 150.G $4.734.00 IL00 $4a.62 24 IS"CLASS 5 RCP STORM SEWER LF 247 $37.49 $9,260,03 92.03 $1199.fi8 2E7A $10.759.53 40,00 $3,499M 25 12"CONCRETE FLARED END SECTION EA 1 5963.96 $963.96 ox $0.00 00 $OAC -LAD -$983.96 26 CATCH BASIN.TYPE 402 WITH R-3256A CASTING EA 3 S1,96D.06 $5,880.18 0A0 SO.a &C, $s,a80.2a 000 SO GO 27 CATCH'All",TYPE"I WITH R35014B CASTING EA 4 $2,077.87 $8.311.4s 040 $0.00 Am 58,3IL48 0.00SO.a!II 28 4'DUCBMH WITHI'$UMP,TYPE 401 WITH SALVAGED R-3250-A CASTING 93 EA 1 $1666, $1,6aA93 OAIO 30.00 0.0 Saw •I.a -$1.6.93 29 4'0IA CBMH.TYPE STO.9 WITH A-$Sol-TB CASTING EA 2 $2,23854 $4,477M 0.00 soma 34 56,71S.62 100 $2,2a8SI 1 s0 4'DIA CBMH WITH I'SUMP,TYPE STO9 WITH A-3501•TO CASTING EA 1 $2,184.98 $2,184SO O.a $0.00 5.0 56.554.94 2; $4"Ba 31 CDIA CBMN,TYPE WE WITH 9-3250-A CASING 6A 3 $2,227.82 S609.46 0.00 $OM 34 $6,683.46 Da $O.a CO 5'VIA C911H WITH"ll"P,TYPE 405 WITH R-3501-TB CASTING EA 1 $3,.91,68 $1 MAB OAC SO.a 0.0 $Qa -La •S3,491" 33 4"PVCPERF EDGE DRAIN WITH SACKFILL AND WRAP LF 400 $5.19 52.076.00 OLO $0.a 400.0 $2A76.03 am Soma 34 861a CONCRETE CURB AND OUTTER LF 30 $9749 $1,124,M OAP $0.a 04 S0.a A0.00 43.124.70 3S W24 CONCRETE CURB AND GUTTER LF I 298 SWAB $21.272.02 0.01 SOAD 272.0 $10,19728 -26.00 •$974.74 56 0412 CONCRETE CURB AND GUTTER LF 804 S27.69 $22262.76 0.00 $DAD 850.0 W,536.50 46A10 $12T374 37 CONCRETE CURB CUT FOR RAIN GARDEN EA 17 S1123.32 $SA62.44 %CO $GAO 2610 M141.12 -SAD -652L32 38 V CONCRETE FLUME PA - $642.64 %Q.64 0.03 $0.a Lo $642.64 Qa soma 35 6'CONCRETRORIVEWAY SY 120 $4224 $22.2764D 0.00 S0.a ICOA $4,284.a -47AAD 417,919280 40 INTUMlNDUS DRIVEWAY fiY 1.225 $16.77 $20.54325 0.00 $OM 327A 55,483.79 •89Aa •$35A59.46 , 4l 91TUMMCW WEARING COURSE TN a,900 $54,35 $211,863.a 0.a $Oa, a,495.9 $I86.73953 164,13 -$25,22S4i 42 MTVMINDUS NON-WEARINGCOUNSE TN 3,275 $58.60 SI9IM5.a 0.00 50410 4.1B7.29 $245,874,61. 91228 $SS,459.61 43 BITUMI NOUS MATCRIALFORTACK COAT GAL 7,950 52.13 $4,15390 0.a SDAD 2,950.0 $4:153M OAT soma 44 SAW AN0 SEA,51REEPS LF 71sa S2.41 S18.798.a 0.a $O.a $1800.0 $2L208M 1,001.00 $2,410.00 45 R6MOVE CATCH CA AN CASTING EA 8 $114.17 $913.36 0.00 $0.009.0 s91a36 OA OLO D S 46 INSTALL R-3S01•TB CASTING EA 8 $903-W $6.426.40 D. SDOD 5.0 S6,426.40 Qa sO,Oo 47 SALVAGE AND REINSTALL CASTING FALL TYPES) EA 1 $555.39 $3,997.91 0.00 SO.a 7.0 $3.887.51 OLO $0.00 48 CULVERT END CLEANING EA 10 S176.7$ $1767.s0 OAD SO.a 10.0 $1.767M aL0 $OAO 49 DITCH GRADING LF 490 S4.72 $2,307.90 ODD $Da 4901D $2,30790 GOD $om s0 CLASS S RIP RAP WITH GEOTEMILE FABRIC a 6o $66.41 $3,98i80 00) $0.00 60.0 $3,984.60 0.00 $0.00 51 EROSION STAOL17ATION MAT BY 2a 56.96 $1,392,a 0.00SOAG 0.0 saa •2a A0 -$1.�200 52 NOROLL DRQi CHECK EA 30 $64.26 $1,927.80 30.00 SL9274V 30.0 $1,927.80 CAD $0.00 55 SEEDINGWI'IHWOODFIBERBLANKET SY 3,133 $L55 $1756AS 040 $O.a 1190011 SZN45.00 767.00 42,19825 54 SODDING SY 14,100 $ZII5 $40,i0mo OAO $0.00 .468.0 $18,718.80 -7,532.00 -521,466.20 55 IMPORT AND PLACE TCPSOIL CY 1,9a $]3.a $24,7aa SOx7J $650.00 2A14.0 $Is,$2.00 -486.00 46,31RAD, % STRIPING-0YEQOW STRIPING LF 6,130 50,21 $1-287.30 OAO SOLO 6,254.0 52,313.34 724A0 526.04 57 STRIPING••4'WHITE STRIPING LF 6.940 $0.27 SI,873.80 O.a $DAD 6,789.0 5i,831.53 -156.a -541.12a 58 HANDICAP PAV.EM MARKING EA 2 SA28.43 $856,8F 0.a $O.a 2A $556.86 Om 1101.010 TOTALS-BASE CONTRACT&CCO NO.2 $a49,736.79 $3,777.48 $787,920.43 -$61,816.36 CHANGE ORDER NO.1 C01-1 56-2 CONCRETE CURB AND GLITTER LF I E6$ Sla.a S11189822 $O.a 661.0 511.096.DC EG1,0 Sp.00 TOTALS-CHANGE ORDER NO.1 $11,898.0o SD.OD S11,898.0D $0.00 TOTALS-REVISED CONTRACT $861,634.79 $3,777A8 $799.818.43 -$61,816.36 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 5F FOCUS ENGINEERING, inc. 2012 STREET AND WATER QUALITY IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO. 2.012.123 FROM 11/27/2012 TO 8/20/2013 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO HARDRIVES, INC. 3800 LAVERNE AVENUE NORTH 14475 CIUIRAM DRIVE LAKE ELMO,MN 55042 ROGERS,MN 55374 ATTN:JACK GRIFFIN,P.E.,CITY ENGINEER ATTN:MIKE LEUER,DIVISION MANAGER -CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $849,736.79 Date Additions Deductions 2.Net Change Order Sum -$49,918.36 1 10/16/2012 $11,898.00 3.Revised Contract(1+2) $799,818.43 2 9/20/2013 ($61,816.36) 4.*Work Completed $799,818.43 5.*Stored Materials $0.00 6.Subtotal(4+5) $799,818.43 7.Retainage* $0.00 8.Previous Payments $756,238.90 TOTALS $11,898.00 ($61,816.36) 9.Amount Due(6-7-8) $43,579.53 NET CHANGE ($49,918 36) ;, *Detailed Breakdown Attached CONTRACT TIME START DATE: 7/17/2012 ORIGINAL DAYS 94 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/19/2012 REVISED DAYS 0 YES FINA_COMPLETION: 11/30/2012 REMAINING -305 NO FX ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief,the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge,information and belief the work covered by this payment estimate has been completed in accordance with the contract BY documents,that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner,and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY --- BY - --- DATE DATE FOCUS Engineering,inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. SF 2012 STREET AND WATER QUALITY IMPROVEMENTS FOCUSENGINEERING, Inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2012 223 CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY REM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 M0BVi1ZATI0N LS 1.0 $45,950.00 545.850,00 1.00 $OS,BSCAO 2 TRAFFICCONTROL IS 1.0 51695119 $3,695.19 1.00 $3,695.19 3 SILT FENCE LF 300 $3,21. 5963.00 300.0 $963.00 4 INLETPR0TECTION EA 2; $96.40 $221720 5 TREE REMOVAL EA ll $267.77 $2,945.47 12.0 $3,213.24 6 SALVAGE AND REINSTALL MAILBOX EA 85 $65.00 $5,525.01 7 SALVAGE AND REINSTALL SIGN EA 35 $139.88 $4,695.80 8 SAWCUT BITUMINOUS AND CONCRETE PAVEMENT IALLTYPES) LF 1,79D $2.49 $4A57.I0 941.0 $2,343.09 9 REMOVE AND DISPOSE CONCRETE CURB AND GUTTER LF 55 $5.65 $310.75 73D $412A5 I0 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SY L291 $4.60 55,938.60 605.0 $2,783,00 11 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT SY 520 $6.56 $3A11.20 100.0 SGS640 12 REMOVE AND DISPOSE OF EX!$'FING STORM SEWER CB/CBMH EA 11 $535.53 $5,990.83 12.0 56,426.36 13 SALVAGE AND REINSTALL PAVERS SY 22 $51.90 $1,14130 14 SUBGRADE CORRECTION SY 1A04 S4G.91 $9,701.64 1,025.0 S702.75 35 COMMON EXCAVATION ICV)(P) CY 11351 $10.01 $13523.51 11351.0 $13,52351 16 CLASS S AGGREGATE BASE I100°4 CRUSHED} CY 474 $14.0D 56,636m 17 SELECT GRANULAR BORROW CY 512 59.43 54,828.I6 342.0 $3225.06 18 HAUL OUT EXCESS MILLINGS CY IA24 $9.96 $%175.04 82&0 $7,418.09 19 PLACE RECLAIMED MATERIAL FROM OTHER SITES CY 451 $8.48 $3,824.48 561.0 54,757.28 20 RECLAIM EXISTING BITUMINOUS AND BASE MATERIALS SY 38,406 $0.91 $34,949.46 38,128.0 $34,696A8 21 SUBGRADE PREPARATION OF RECLAIMED SURFACE R$ 100 $254.39 $25,439.00 100.0 S2S,439.00 22 SUBGRADE PREPARATION FOR PARKING LOTS LS 1 $1,695.91 $1,69531 LO 51,695.9f. 23 12"CLASS 5 RCP STORM SEWER LF 219 $36.42 $41333.98 130.0 $4,734.60 24 15"CLASS 5 RCP STORM SEWER IF 247 $37.49 59,260.03 32,00 $1,199.68 287.0 $10,759.63 25 IT CONCRETE FLARED END SECTION EA 1 $963.96 $%3.96 26 CATCH BASIN,TYPE 402 WITH R-3250-A CASTING EA 3 $1,960.06 $5,880.19 3.0 $5,880.18 27 CATCH BASIN,TYPE 404 WITH R•3501-TB CASTING EA 4 $2�p77,g7 $8,311.48 4.0 $8,311.48 28 4'DIA CBMH WITH VSUMP,TYPE 401 WITH SALVAGED R-3250-A CASMN EA 1 $1,686.93 $1,696.93 29 41DIA CBMH,TYPESTO-9 WITH R•3501•TB CASTING EA 2 $2,238.54 $4,477.08 3.0 $6,7i5.62 30 4'DIA CBMH WITH I'SUMP,TYPE STO.9 WITH R•3501-TB CASTING EA. 3. $2.184.98 $2,184.98 3.0 61554.94 31 VDIA CBMH,TYPE 406 WITH R-3250-A CASTING EA 3 $2,227.82 $6,683.46 310 :61683.46 32 S'DIA CBMH WITH V SUMP,TYPE 405 WITH R-3501-TB CASTING EA 1 $3,49L68 $3,491.68 33 4"PVC PERF EDGE DRAIN WITH BACKFILL AND WRAP LF 4D0 WAS $2,076.00 400.0 $2,076D0 34 0618 CONCRETE CURB AND GUTTER LF 30 $37.49 $L124.70 35 B624 CONCRETE CURB AND GUTTER LF Z93 $37.49 $11,172.02 272.0 $10,197.28 36 D412 CONCRETE CURBAND GUTTER LF 804 WAS $22,262.76 M.0 $23,53650 37 CONCRETE CURB CUT FOR RAIN GARDEN EA 17 $321.32 $5,462.44 16.0 $5,141.12 38 6"CONCRETE FLUME EA 1 $642.64 $642.64 1.0 $642.64 39 6"CONCRETE DRIVEWAY SY 520 $42.84 522,276.80 ILX10 $4,284.00 4D BITUMINOUS DRIVEWAY SY 1,225 $16.77 $20,543.25 327.0 $5,483,79 41 BITUMNOUS WEARING COURSE TN 3,900 $54,35 $21I,965.00 3,435.9 $186,739,53 42 BITUMINOUS NON-WEARING COURSE TH 3.275 $58.60 519L915.00 4,111728 $245,374.61 43 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,950 $2.13 $4,15.9.50 1.9504 $4,153.50 1 44 SAW AND SEAL STREETS LF 7,900 S2Al $18,798.00 8.800A 52L20&00 45 REMOVE CATCH BASIN CASTING FA B $114.17 5913.36 8.0 5913.36 46 INSTALL R•350I45 CASTING EA 6 $803.30 $6,425,40 8.0 $6,426,40 47 SALVAGE AND REINSTAAL€CASTING(ALLTYPES) EA 7 $5S533 59,687,31 7.0 $3,987.31 48 CULVERT END CLEANING EA 10 5176.73 $1,767.30 1010 $1,767.30 49 DITCH GRADING LF 490 $4.71 $2,307.90 49010 $2,307.90 50 CLASS 3 RIP RAP WITH GEOTEXTR£FABRIC CY 60 $66.41 53,984.430 60.0 $3,984,60 $1 EROSION STABLIZATKIN MAT SY 200 S6.96 $11392.00 52 BIOROLL DITCH CHECK EA 30 $64.26 $1,927.80 30.00 $L927,80 304 51,927.80 53 $EEOING WITH WOOD FIBER BLANKET SY 1,133 $1.55 S1.7S6.15 11900-0 $2,945.00 54 SODDVNG SY 14,100 52.85 $40,185,00 6,568.0 $19,719.80 55 IMPORT AND PLACE TOPSOIL. CY 11900 $13•00 $24,700.00 50.00 5650.00 I,414.G 518,39100 56 STRIPING••4"YELLOW STRIPING LF 6,I30 $0.21 $L287.30 6,294.0 $E,313.34 57 STRIPING•-4"WHI'TE'STRIPING LF 61940 $0.27 $1,873.80 6,784.0 $1,83158 58 HANDICAP PAVEMENT MARKING EA 2 $428.43 5856.86 2.0 $856.86 TOTALS-BASE CONTRACT $849,736.79 $3,777AR $767,920.43 CHANGE ORDER NO.1 C0I-1 8612C0NCRFt' $18430 511,89S.00 661.0 S11,898.00 TOTALS-CHANGE ORDER N0,1 $11,898.00 -_...•,-•-- ..•._ $11,898.00 COMPENSATING CHANGE ORDER NO.2 CC 21. TOTAL COMPENSATINGCHANGE ORDER IS L.D -$611816.36 -$61,816.36 - $ - - $ TOTALS-COMPENSATING CHANGE ORDER NO.1 -$61,816.36 $ TOTALS-REVISED CONTRACT $799,918.43 $3,777.49 $799,818.43 "I'I-IF. CITY OF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 8/20/2013 CONSENT ITEM#: 7 AGENDA ITEtiI: 2013 Seal Coat Project—Pay Request No. 1 (Final) SUBMITTED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger,City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel,Finance Director Mike Bouthilet, Public Works i I SUGGESTED ORDER OF BUSINESS CiL'remvved Lrom the Co sew r QEyda�: - Questions from Council to Staff............................................................Mayor Facilitates - Public Input, if Appropriate...................................................................Mayor Facilitates - Call for Motion..............................................................................Mayor&City Council - Discussion......................................................................................Mayor&City Council - Action on Motion...................................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider accepting the improvements and approving Pay Request No. 1. (Final) in the amount of $206,542.35 for the 2013 Seal Coat Project. West Lakeland Township will reimburse Lake Elmo for their portion of the construction costs in the amount of $82,885.88. STAFF REPORT: The 2013 Seal Coat Project has been fully completed. The Assistant City Engineer has prepared a Certificate of Completion and is recommending acceptance of the improvements and release of the final retainage. The two-year warranty period will begin on August 20, 2013, and will extend to August 20, 2015. Final Payment in the amount of$206,542.35 has been requested by the Contractor, Pearson Brothers, Inc., based upon the work completed. The original construction contract was in the amount of $203,252.00 ($127,092.00 for Lake Elmo and $76,160.00 for WLT). The Lake Elmo work was $3,435.53 under budget. The West Lakeland Township work was $6,725.88 over the estimated plan quantity.West Lakeland Township has reviewed and approved the additional cost. West Lakeland Township has been invoiced for their portion of the project work including$82,885.88 in construction costs and$4,569.60 by WLT for engineering and administration fees. 1 The final total project cost for the Lake Elmo Project was $132,257; $123,656.47 in construction and $8,600 for design and construction engineering services. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 1 (Final) for the 2013 Seal Coat Project. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to accept the improvements and approve Pad' Request No. 1 (Final) to Pearson Brothers,Inc. in the amount of S206,542.35,for the 2013 Seal Coat Project': ATTACHMENT(8): 1. Pay Request No. 1 (Final) 2. Certificate of Completion 2 PROjECT Pal FOR PARTIAL PAY ESTIMATE NOQ 1 (FINAL" ENGINEERING bhc: . e j t 2013 SEAL COAT PROJECT PE MOD OF ESTlrV;A.E RCktE£T NO.2013.118 FROM. 5 2 /2 13 TO 8f2612013 I. PRCJE0 rJVV?4ER: .['-CONTRACTOR.. TR^CTOR. CITY OF LAKE ELMO i PEARSON BRO T HERS,04C. 3SDti LAVERNE:AVENUE NORTH 11.079 LAtltiONT AVEN.UE1N E. LAKE.ELMC3,WN:55042 j''HANOVER,MN 55341 ATTN,SACK GR€MN,P,E.;.CITY NGMEER ATTIC,-JACK:PEARSON,PRESIDP T I Cf1�IaR Oro�E31{��RSIJ2�€M�,RY P1Y�aTt+MATESLIMISAP? . :.I~,I o. i Approval € Amoum, I 1.Origina'Contr.ct Amount $20 ;252.00 _ Date Additions , De ductfci€a .I .2 hJi3tCltaric,C er Ssiri $3,2Q wS 1 8/20 2013 3 RQvlsee Ccint act(1+2) 5205:542.35 g . € .5.*Stared tllateri-ls 5C3.00' -- € 2�a j. ::=Ssbtal.lt5j x 4 .. l B , 3.Reta.inage'° 01+0-% k i 2 Previou!z PcynQrits S0 00 I€ ;y.S c $D LC `t 5 I1E7iln 3 f2-( 3 $206,542 35 t I ' § START DATE.: 6J25/23 3 RICi'INAv DAYS SoBSTAN T:€AL CDCVI#'.I I T 7/12 2013 P=VISED DA.yS T YE5 xj {: FINALCOMPLET'ION1 Ei2/2f1i.3 I REMAINING: :I#kFc3€131�i��a5 CERI tEiti ATtCPN. fCiC !„Ln ineenrig, TI e €(1c"rSI�E�EO'GC-:Clf:�4�aCthework.:has G_f•.:n rn`ru��Gc�ii tJ.. e best csf ear kntfiurilr d �:z-n&:9eticf,tyre guar ides s ai,,1n in this estimat(?art-correGL.akY ti e.wcpek hw. betty pe fgyred.In acCG'sc'1 f Efd{7:tiEi'`c f• �t witn the cantracf.d&umrn.s.. ---� gI DATE CONTRACTOR'S C:ERTIF,CA'i01CThe:undemg + e roe r�OnTract4cert.ies tlta:a tk E b z L)`t€Yf it knowleu e,inro3naticr rise befiet:the work cz-VelreD'6y this Payment t@StlTiictc:i'a'S"JYF_"tj CbTt'niE i'C In cCL"rfuuSi:.e VfSs!'tF?'C(3'1'[i c'C_ &Y�# ciGcu7rients,.iha$'+alj.an"iCsrt..s hwC-been pad tSy`fYe Lo!'StraCT.Gr dcr - work;crwhlch,previaus payr►an=esvir aces 4vGs i sueai p^,a,ou Erse^_s. i__ ---- u,-.i g' received from the own-,.-!,any's, c t.>rant paymentsbourr,'herein is s now due. _ 6 APPROVED BY OWNER: CIT'!OF LAVE.E P;tV€NNESOTA 8y By i DATE FO�(�S Engineedng,inc. PROJECT PAYMENTFORM DO Ln Do rn N r 00 f O � 00 ry r a L4.i -i G U J Fes- m N Mry �O U � O a D �_ O o Q r oho, C7 p c¢D L d w X X U U O acc a a a a r z Ln Ln z w 00 cr tx 00 LU Cf h 4U M z a a r LU � N ® © Y.uj ...1 W N a W V1 H 06 X uB a OLU O © w O a Q g .� uj svia Q U n W O � d Q O u m v co O o u O O CITY OF LAKE ELMO,MN 2013 SEAL COAT PROJECT PROJECT NO.2013.118 CERTIFICATE OF COMPLETION DAIT' OF ISSIUANCT: August 20,2013 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: PEARSON BROTHERS, INC. PROJECT NAME: 2013 SEAL COAT PROJECT PROJECT NO.: 2013.118 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated May 21, 2013. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: August2013 20, _ Ryan W. Stempski Reg. No. 45395 FOCUS Engineering,inc. THE WARI�ANTY PERIOD BEGINS August 20, 2013 AND ENDS August 20,2015 -C-HF CITY OF ...:.:.:::.:. f MAYOR AND COUNCIL COMMUNICATION DATE: 8/20/2013 CONSENT ITEM#: 8 AGENDA ITEM: Keats MSA Street and Trunk Watermain Improvements—Pay Request No. 3 SIIB.Nu TTED BY: Chad Isakson,Project Engineer 'THROUGH: Dean A. Zuleger, City Administrator REVIENVED BY: Jack Griffin, City Engineer Cathy Bendel,Finance Director Mike Bouthilet,Public Works SC GGLSTED ORDER OF BUSINESS Cif removed fi°orrr the Consent Agenda): Questions from Council to Staff............................................................Mayor Facilitates Public Input, if Appropriate...................................................................Mayor Facilitates Call for Motion..............................................................................Mayor&City Council Discussion......................................................................................Mayor&City Council - Action on Motion...................................................................................Mayor Facilitates SUMMARY AND ACTION RE VESTED: The City Council is respectfully requested to consider approving Pay Request No. 3 for the Keats MSA Street and Trunk Watermain Improvements. STAFF REPORT: T.A. Schifsky and Sons, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 3 in the amount of$161,919.14. The request has been reviewed and payment is recommended in the amount requested. hi accordance with the contract documents, the City has retained 5% of the total work completed.The amount retained is$42,584.06. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 3 for the Keats MSA Street and Trunk Watermain Improvements. If removed from the consent agenda,the recommended motion for this action is as follows: "Move to approve Pay Request No. 3 to T.A. Schifsky& Sons in the amount of$161,919.14, for the Feats MSA Street and Trunk Watermain Improvements" ATTACHMENT(S): 1. Partial Pay Estimate No. 3 E 1 PR0JECT PAY FOR PARTIAL PAY ESTIMATE NO, �3 � F7- � ENGINEERING, inc, KEATS € S—STREET AND TRUNK WATERMAIN IMP. I PERK)D Ol ESTIMA T E PROJECT NO, Z012,129 i FROMi 7f 1/2013 TO 9/1/2U13 PROJE{C.Tc tv cc pry+ C.ONI TRAC.TCiR: j CITY OF LA ICE E[A40 T�Ck.SCHIF SKt' &:50 i'N°S C. s 58-00z AVE.;i'=:9F fx'b,�FIUUF NA :.1 �-170 f, Hf s�'tW,.l.`36 LAKE.ELMO,TON 55042. (4CS:TGI SI.t`=k::LI_,t4tt4*5940:9 € z 1 1't"Thi:tr"�'-AD'V;A.K-SON It-L,PP—J1XT ENG1I%EER � AXTN:CHIRIS'GRIM I ES CONTRACTCHANGFJQRDER cl.,iMMARy !. PAY vS i"IFyiJi 'r SUTA-MAliY�. No, Approvai. I Amount 1..Original Contract Amount $1,6D6;F33.47 Bate I Additions Deductions 2.Net.Chang.e.OrderSum $3,960.'0.0 1. i 5121/2013 $6.00 $0.00 3.Revised Contrad(142) $1,61%75F3,4.7 2 ! 7/16J20:13 I $3,960.00 $0 00 4.*Work Completed $�S1,BRa.25 5 Stored lterialt. $0:.00 .subtotal(4f5) $851;681.29 7.Retainage* 5.-A% $42,5844.06 .l 8.Previous Payments S647,.178.08 TOTALSI `. 0.10T 9.Amount•L1ue 6-7•$) 51.5s.,319.24 -NETCHANGE: .$3;960.00 yw;__; Ctet7iie Bre'rvkdownAttather;� CONTRAC?TIME _ E START DATE: 5/8/2013 ORIGINAL DAYS~ 14.9. CTI`I SCI-IEDULE SUBSTANTIAL COMPLETION: 8/30/20I$ REVISED DAYS 0 YES FINAL.COMPLETION: 10/4/2013 REMAINING 64 NO X ENGINEER'S CERTIFICATION: FOCUS Engineering;irm. The undersigned certifes.thatthe wank has been reviewed and to the best of their knowledge and belief,the qu.antitles shown in this a estimate are correct and the work has:been performed in accordance ENG;4�IECR with the contract documents. � 8/13/20T.3 I i OATE. t CONTRACTOR'S CERTIFICATION: CONT.RAOTOR � The undersigned Contractor certifies that to the best of their f '! L knowledge;information and belief the.:work covered.by this payrrrent ,�;•.��. #„ ,f yr~"`,.i."�_ I estimate has been completed in accordance with the contract BY documents,that all amounts have been paid by the contractor for work for which previous payment estimates was issued d payments i an onTE z received from the owner,and that current payment shown herein is . now due. r APPROVED BY OWNER: CITY OF LAKE ELM(),i iNNESOTA I 4 BY - BY � E71tTE DATE FOCUS Engineuing,inc. PROJECT PAYMENT FORNq PARTIAL PAY ESTIMATE NO, 3 KEATS MSA STREET AND TRUNK WATERMAIN IMP, ENGINEERING, inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2012.129 ITEM M NO/DO7 DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT DIVISION 1-GENERAL 1 2021.501 MOBILIZATION LS 1.0 553,00D.00 SS31000.00 0.0 $0.00 0,5 $26,500.00 2 21OL502 CLEARING TREE 1.0 $400.00 5400.W 1.0 $4p0.00 1.0 $400.00 3 21OL507 GRUBBING TREE 3 $100.00 $i00.00 1.0 S100.00 1.0 $100.00 4 2105.525 TOPSOIL SORROW(CV) CY 2,744 $5.00 $13,720.00 0.0 $0.00 010 $0.00 5 2453.61 EXPLORATORY DIGGING HR 8 $300100 $2,400.00 2.0 5600.D0 2.0 $600.00 6 2S63.601 TRAFFIC CONTROL I.S. 1 $24,00DOO 524,000.00 0.0 $0.00 0.5 512,000.00 7 2573.502 SILT FENCE LF 5,880 $1.OD $5,880.00 0.0 $0,00 5.482.0 $5,48240 8 2573.530 INLET PROTECTION EA 9 $60,00 S540.00 0.0 $0.00 3.0 $180.00 9 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 S200.00 $40U,OD 3.0 S600.00 6.0 $I,200.00 10 2573.602 CULVERT PROTECTION EA 14 $75.00 $1,050.00 9.0 S675.00 22.0 $1,650,00 11 2575,505 SODDING(SALT RESISTANT) SY 233 $7•00 $1,491.00 0.0 $0.00 0.0 $0.00 I2 2575.S23 EROISION CONTROL BLANKET,CAT.3 SY I6,465 $1.03 $16,95895 010 $0.00 0.0 $0.00 13 2575.605 SEEDING(SEED MIXTURE 250AND FERTIUZER TYPE,3) AC 336 S52S.00 S1,764,00 0.0 $0.00 0.0 $0,00 14 2575.605 SEEDING(SEED MIXTURE 328AND FERTIUZER TYPE,4) AC 0.23 $1,545.00 $355,15 0.0 $0.00 0.0 $0.00 SUBTOTAL"DIVISION S $122,059,30 $2,375.00 $48,I12.00 DRNSNIN 2-WATERMAIN 1 2504.602 12"WATERMAIN OFFSET EA 2 $3,811.D0 $7,622,W 0 $o.an 1 $3,811.00 2 2504.602 CONNECT TO EXISTING WATERMAIN EA 2 53,399.00 56,798.00 1 $3,399,00 1 $3,399.00 3 2504,602 6"HYDRANT EA 13 $3,244.50 $42,178.50 1 $3.244S0 8 $25,9S6.00 4 2504.602 6"GATE VALVE&BOX EA 13 $1,236DO $16,069,00 1 $1,236.00 10 $12,360.00 S 2504.602 8"GATE VAVLE&BOX EA 3 $1,627.40 $4,882.20 1 $1,627.40 2 $3,254.80 6 2504.602 12'GATE VAVLE&BOX EA 15 $2,811.90 $42,17850 2 $5,623.80 10 $28,115,0 7 2504.602 1"CORPORATION STOP EA 3 $279.10 $934,30 1 $278.10 3 5934.30 8 2504.602 1.5"CORPORATION STOP EA 18 $607.70 $10,938.60 1 $607.70 13 $7,90030 9 2504.602 2"CORPORATION STOP EA 1 S741.60 $741.60 0 $0.00 1 $741m 10 2504.602 1"CURB STOP AND BOX EA 3 $56650 $1,699.50 1 S566.50 3 S1,699.50 11 2504.602 LS"CURB STOP AND BOX CA 18 $690.10 $12,421.80 1 $690.10 13 $8,971.30 12 2504.602 2"CURB STOP AND BOX EA 1 $844.60 $844.60 0 $0.00 1 $844.60 13 2504.603 1"TYPE K COPPER WATER SERVICE PIPE. LF 135 $20.60 $2,781.00 40 $824.00 137 $2,410.20 14 2SO4.603 1.5"TYPE K COPPER WATE.RSERVICE PIPE IF 548.00 $23.69 $12,982.12 35 $829.15 327 $7,746,63 15 Z504.603 2"TYPE K COPPER WATER SERVICE PIPE LF 45.00 $30.90 $'390.50 0 $0.00 45 $1,39050 16 2504.603 6"DIP CL.52 WATERMAIN LF 303 $27.81 $8,42SA3 10 $278.10 1:6 $3504.06 17 2504.603 8"DIP CL.52 WATERMAIN LF 52 $32.96 $1,713.92 20 $659.20 54 S1,779-84 16 2504,603 12"DIP CL 52 WATERMAIN LF 5,954 $43.00 $256,022,00 610 $26.230.00 4572 $196,596.00 19 2504.603 12"HDPE DR.ll(DIPS),9Y HOD €F 2,435 $58.00 $141,230.00 0 $0.00 2,435 $141,230.00 20 2SO4.608 MI DIP COMPACT FITTINGS LBS 4,294 S4.74 $20,35356 246 $1,166.Oa 1,584 $7,508.16 21 2564.551 OFF ROAD STRUCTURE MARKER EA 2 $170.00 S340.00 0 $0.00 0 $0.00 SUBTOTAL.DIVISION 2 $592,447.13 $47,259.59 $460,056.59 DIVISION 3-STORM SEWER 1 2104.501 REMOVE PIPE CULVERTS(ALLTYPES&SIZES) LF 1,016 $7.00 57,112.00 0 $O.Oa 259 $1,613.00 2 2104.521 SALVAGE CONCRETE PIPE CULVERT(ALL TYPES&512ES) LF 85 $13.00 $1,105.00 0 $0.0D 0 $0.00 3 2501.515 15'RCP FES W/TRASH GUARD EA 4 $1,163,90 S4,655.60 0 $0.00 0 $0.00 4 250I.S15 18"RCP FES W/TRASH GUARD EA 4 $1,215A0 54,861.60 0 $0.00 0 $0.00 5 25OLSI5 21"RCP FES W/TRASH GUARD EA 6 $1,421.40 $8,528.40 2 $2,942.80 2 $2,842.80 6 2501.521 22"SPAN RCP CL.5 STORM SEWER PIPE IF 47 $50.00 $2,350.00 0 $0.00 0 $0.00 7 2501.521 28"SPAN RCP CL.5 STORM SEWER PIPEIF 49 $60.00 $2,940.00 0 S0.00 p $0.00 8 25OL521 36'SPAN RCP CL.5 STORM SEWER PIPE LF 80 S82.40 $4,944.00 0 $0.00 60 $4,944.00 9 2501.525 22"SPAN RCP FES W/TRASH GUARD EA 2 $3,28750 S2,575.00 a $0,00 0 Sam 10 2501.525 28"SPAN RCP FES W/TRASH GUARD EA 2 $L565.60 53,131.20 0 $0,00 0 $0,00 11 2501,525 36"SPAN RCP FES W/TRASH GUARD EA 2 $2,183,60 $4.36720 p $0.00 2 S4,367.20 12 2502.571 INSTALL SALAVAGED CONCRETE PIPE CULVERT(ALL TYPES&SIZES) LF SS $21.63 $1,83855 a SG.OD 0 $0.00 13 2502.521 15'CMP DRIVEWAY CULVERT W/APRON LF 326 $28.84 $9,401.84 0 Sum 169 $4,873.96 14 Z502.521 18"CM DRIVEWAY CULVERT W/APRON LF u0 $33.99 S4,078.80 0 $0.00 28 6951,72 15 2503311 15"RCP CL.5 STORM SEWER PIPE. L.F 126 $26,78 $8,374.28 0 $0.00 0 $0.00 16 2503,511 18"RCP CL.5 STORM SEWER PIPE LF 61 $29.87 $1,822.07 0 $0.00 0 $0-00 17 2SG3.511 21"RCP CL.5 STORM SEWER PIPE LF 226 $34.00 S7,684.00 81 $2,754.00 91. $2,754.00 18 2506.502 48"DIAMETER MANHOLE,TYPE 406S EA 6 $2,266.00 $13,596.00 2 $4.532.0D 2 $4,532.00 19 2505.601 INFILTRATION BASIN EA 6 S600.00 $3,600.00 0 $0.00 0 $0.00 20 2511501 CL.3 RIPRAP W/GEOTEMLF.FILTER FABRIC CY 94.2 $100.00 $9,420.00 6.3 $630.00 17.1 $1,710.D0 23. 2511.501 CL.4RIPRAP W/GEOTEXTILE FILTER FABRIC CY 16.2 $105.00 51,701.00 0 $0.00 0 $0.00 SUBTOTAL-DIVISION3 $7M..8.S4 $10,758.80 528,788.68 �". vti�-act DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTALTO DATE NO. QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT DIVISION 4-STREETS AND RESTORATION 1 2104.501 REMOVE&DISPOSE OF EXIST.CONCRETE CURB&GUTTER LF 213 53.09 $656,17 0 $0,00 0 $0.00 2 2104.501 REMOVE&DISPOSE OF EXIST.FLUME(ALL TYPES) EA 6 S360.50 $2,163.00 0 $0.00 0 $0.00 3 2104.505 REMOVE&DISPOSE OF EXIST.BITUMINOUS PAVEMENT SY 19,710 $1.00 $19,710.00 5,217 $5,1I7,00 19,984 $19,984.00 4 2104.S09 REMOVE SIGN EA 18 $30.00 5540.00 0 $0100 18 $540.00 5 2104.S23 SALVAGE MAILBOX EA 20 $25.00 $5OO.00 0 Moo 20 $500,00 6 2204,523 SALVAGE POST&SIGN EA 9 $30.00 $270.00 0 $0.00 9 $270.00 7 2105.501 COMMON EXCAVATION(PI CY 15,252 $8.00 S154,016.00 5,130 $41,040.00 11,437 $91,496.00 8 2105.522 SELECT GRANULAR BORROW(CV),SPEC 3149.28 CY 8,527 A29 $70,688.83 2,8W $23,212.00 5,587 $46,316.23 9 2105.604 GEOTEXTILE FOR ROAD STABILIZATION;MnDOTTYPE V SY 300 S1.00 $3D0.00 0 $0.00 1,225 $1.225.00 10 2106.607 SUBGRADECORRECTION CY 100 $15.00 $1,500.00 934 $14,010.00 L438.4 521,S76.00 11 2112501 SUBGRADE PREPARATION(ROADWAY) RS 6S $100.00 $6,500.00 20 $2,OW.00 39 $3,900.00 12 2211,501 CLS AGGREGATE BASE TN 7.5534 S&so $64,039.00 611 $5,190.6. 3,165,85 $26,909.73 13 2357.502 BITUMINOUS MATERIAL FOR TACKCOAT GA 1,044 S3.00 $3,132.00 0 S0.00 40 S120.00 14 2360.501 SPWEA240B BITUMINOUS WEARING COURSE(STREETS) TN 1,967 $66.00 $3.23222.00 0 $0.00 0 $040 15 2360.501 SPWEA2408 BITUMINOUS WEARING COURSE(DRIVES) TN 115 $80.00 $9200.00 33 $2,643.20 33 S2,643.20 16 2360.502 SPNWB230D BITUMINOUS NON-WEARING COURSE(STREETS) TN 3,111 S58,00 - $280,438.00 0 SG.00 83557 $48,463.06 17 2502,501 4"PRECAST CONCRETE HEADWALL EA 6 $422.00 $2,472.00 0 S0,0D 0 $0.00 18 2502.541 4"PERFORATED PVC EDGE DRAIN W/BACKFILL&WRAP LF 61083 S3.50 S21,29050 2,630 $9,205,00 3,580 $12,530.00 19 2502.602 DRAIMTILE CLEANOUT(INCL.PIPE,FITTINGS,&STEEL CAP) EA 26 $155.00 $4,030.00 14 $2,110-00 16 $2,480.00 20 ZS02.602 DRAINTILE CONNECTION INTO CATCH BASIN EA 10 $250.00 $2,500.00 6 $1150D,00 6 $1500.00 21 2531,501, 8418 CONCRETE CURB&GUTTER LF 12,650 $8.34 $105,501,00 0 $D0a 3,620 $30,190.B0 22 2531.602 CONCRETE PEDESTRIAN RAMP EA 1 $400.00 $400.00 0 $0,00 0 $0.00 23 2531.602 CONCRETE CURB CUT EA 38 $10.00 $380.00 0 $0.00 12 Sum 24 2531LOZ 6"CONCRETEFWME SY 82 S36.00 S21952.00 0 $0,00 0 $0.00 2S 2531.618 CAST IRON TRUNCATED DOME PANELS SF 8 $50.00 $400.00 o so.no O $0.00 26 2540.602 INSTALL SALVAGED MAILBOX EA 20 $3.0,00 S200.00 0 So. 0 So= 27 2S54.602 PERMANENT BARRICADE EA 3. $400.00 $400.00 0 $0.00 0 $0.00 28 2564531 INSTALL SIGN PANELS,TYPE C(INCLUDING POSTS&ASSEMBLY) EA 18 SS5.00 $990A0 0 $0.00 0 S0.00 29 2564.531 INSTALL SALVAGED SIGN EA 9 $50.00 $450.00 0 S0'M 0 $0.00 30 2564,533 FURNISH SIGN PANELS,TYPE C SF 117 $24.00 $2,808.00 0 $0.00 0 $0,00 31 2582.502 4"SOLID DOUBLE LINE YELLOW-EPDXY LF 4,720 $0.62 $2,926.40 0 Saw 0 $0.00 32 2582,S02 4"SOLID LINE WHITE-EPDXY LF 12,240 $0.32 $3,916.80 0 $0.00 0 Som 33 1582.502 4"SOLID LINE YELLOW-EPDXY LF 755 $0.31 $294.05 0 $0.00 0 $0.00 34 2582.502 4"BROKEN LINE YELLOW-EXPDXY LF 1,265 S0.10 $12.650 0 $0.00 0 50.00 35 2582.502 24"SOLID LINE YELLOW-EPDXY LF 25 $15.45 S386.25 0 so.00 0 $0.00 SUBTOTAL-DRNS10N4 $789,24050 $106,087.81 - -� $310,764.02 TOTALS-BASE CONTRACT $1,606,833,47 $166,481.20 $847,721.29 CHANGE ORDER NO.2 CO2-1 21OLS02 8612 CONCRETE CURBAND GUTTER EA 1 $3,960.00 $3,560.00 1 $3,960.00 1 $3,960.00 TOTALS-CHANGE ORDER NO.2 $3,9450.00 $3,960.00 $3,960.00 TOTALS"REVISED CONTRACT $1,610,793.47 $170,441.20 $851,681.29 TI-117 CI"T'1' E)F 5 LAKE EL MO ...: MAYOR AND COUNCIL COMMUNICATION DATE: 08/20/2013 CONSENT ITEM#: 9 AGENDA ITEM: Production Well No.4—Pay Request No. I SUBMITTED BY: Chad Isakson,Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel,Finance Director Mike Bouthilet,Public Works SUGGESTED ORDER OF BUSINESS ffrens oved from the Consent ALL:gda?: - Questions from Council to Staff............................................................Mayor Facilitates - Public Input, if Appropriate...................................................................Mayor Facilitates - Call for Motion..............................................................................Mayor&City Council - Discussion......................................................................................Mayor&City Council - Action on M.otion...................................................................................Mayor Facilitates SUMMARY AND ACTION REQi7ESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 for the Production Well No. 4 project. STAFF REPORT: Keys Well Drilling Co., the Contractor for the project, has submitted Partial Pay Estimate No. 1 in the amount of $17,931.25. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed.The amount retained is$943.75. RECOMMENDATION: Staff is recommending that the City Council consider approving, as Part of the Consent Agenda, Pay Request No. 1 for the Production Well No. 4 project. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve Pay Request No. 1 to Keys Well Drilling Cagpxpal y ill file engroula of$171,931.25, for the Production Well No. 4 Project ATTACHMENTS : 1. Partial Pay Estimate No. 1. 1 PROJECT P"t"uY FORM PARTIAL PAY ESTIMAI !N; FOCUS ENGINEERING, inc. PRODUCTION WELL N-C— 4 PERIOD OF ESTIMATE PROJECT NO. 2013.125 FROM 7/8/201.3 TO 7/31/201a PROJECT OWNER: j CONTRACTOR: CITY OF LAKE ELMO j KEYS WELL DRILLING CO. 3800 LAVERNE ANIENUE NORTH 1156 HOMER ST LAKE ELMO,MN 55042 ST.PAUL,IVIN 55116 ATTN:JACK GRIFFIN,P.E.,CITY E14GINEER AT T N*JEFFREY KEYS I IMIMARY No, ..�iZO.N (;T.TRA .-'C.HANC3E;ORDE ,SU R. MIIAII�Y A ESTIMATES- Approval Amount i 1.Origin-W'Contract Amount Date —1—Additions Deductions L -Order Su-m $0,00 2.Net Change 1. 3,Revised Contract(1+2) $B04,900.00 4.*Work Completed $18,875.00 S.*Stored Materials 6.Subtotal(4+5) $18,875.00 7.Retainage* 5.03E $943.75 8.Previous Payments S0.00 TOTALS $0.00 j $0,00 9.Amount Due(6.7-8) NETCHANGE $0.00. Vetailed Breakdown Attached -.CONTRACT.- START DATE: 7181-VIS ORIGINALDAYS 123 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/25/2013 REVISED DAYS 0 YES X J1 FINAL COMPLETION, 11/8/2013 REMAINING 100 NO ENGINEER'S CERTIFICATION: FOCUS Engineerin :mc., -11he undersigned certifies that the work has been reviewed and to the best of theirknDwiedge and belief,the quWtities shown in this estimatea been correct and the work has performed with the contract,documents. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned*Contractor certifies that to the best of their knowledge,information and belief the work-covered by this payment estimate has been completed in accordance with the contract BY documents,that all amounts have been paid by the contractorfor work for which previous payment estimates was issued and payments received from the owner,and that current payment shown'herein is DATE now-due. APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY BY DATE rocus Engineering,rrl.c' PROJF7 PAYMENT FORM PARTIAL PAY ESTIMATE NO. 1 PRODUCTION WELL NO.4 ROCUS ENGINEERING, inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2013.125 CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNITPRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT I MOBIL17ATION/SFTEWORK LS 1 $26,0D0.00 $26,000.00 0.25 $6,So0.DD O.:S $6,500.00 2 SILT FENCE I F SSG $5.00 $2,750.00 27'i.00 $1,375.011 77.5fKi $1,375.00 3 24-INCH STEEL CA5ING a 95 $200,00 $19,000.00 $11,000.00 55-SI $11,000.60 4 244NCH OPEN HOLE LF 110 3124,00 $13,750.00 $o.00 $0.00 5 IB-INCH STEEL CASING LF 210 S80.00 $26,000.00 $0.00 $0.00 6 18-INCH OPEN HOLE LF 8s $0.01) $S,100A0 - MOD $0.00 7 GROUT CY 50 $420,00 $20,S00.00 - $0.00 - $o.00 8 EXPLOSIVES LO 4Oo $28.00 $11,200.00 -$0.00 $0.00 9 REMOVAL OF ROCK CY 750 $70.00 $52,500.00 - $0.00 $0.00 10 AIR SURGING MOBILWIDN Ls $4 50pp4 $4,500.00 $D.00 - $0.00 11 AIR SURGING DEVELOPMENT HRS 125 5210.fl0 $26,250.00 $0.00 - $0.00 12 TELEV61OR SURVEY LS SM00,00 $1,400.00 -$OAO $0.00 13 TEST PUMP MOBILIZATION&INSTALL t_5 $5000.00 $5,000.00 - $0.00 $0.00 14 TEST PUMPING ?IFS 8C $140.00 $11,200.00 $o.00 $0.00 1s TEST PUMPING DISCHARGE PIPE lF 2,500 $558 $13,750,00 - SO.00 $0.00 16 SAND CONTENTTESTS EA S $50,00 $250.00 Sam - $0.00 17 CHEM.ANALYSIS&BACK.TEST i5 - $4S00.00 S4,S00.00 Moo $0.00 18 SOUNDS BARRIER CONSTRUCTION S,. 1,600 S8A0 512,800.OD - $0.00 - $0.00 19 GAMMA LOG EA 1 $800AD $000.00 - $o.on $0,00 20 RESTORATION LS ] $3,500.00 $31SO0.00 - $0,00 $OAO 21 WELL PUMP LS $S3,250.00 $53,25D.00 $0.00 $0.00 TOTALS-BASE CONTRACT $304,800.00 $18,675.00 $18,875.00 THl.^ (.,-JTY OF -K E ll. -MO yam, MAYOR AND COtTNCIL COMMUNICATION DATE: 8/20/2013 REGULAR ITEM#: 10 AGENDA ITEM: Zoning Text Amendment—Landscape Requirements SUBMITTED BY: Nick Johnson,City Planner THROUGH: Dean Zuleger,City Administrator RE It?'"T,D BY: Planning Commission Kyle Klatt,Planning Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................................................................Staff - Report/Presentation..........................................................................................Staff - Questions from Council to Staff......................................................................Mayor Facilitates - Public Input, if Appropriate..............................................................................Mayor Facilitates - Call for Motion.........................................................................................Mayor&City Council Discussion........................ ... ..................Mayor&City Council Action on Motion.................... .. ... ...... .. ..Mayor Facilitates SUMMARY AND,ACTION REQUESTED: The City Council is asked to consider a Zoning Text Amendment, establishing new landscape requirements in Lake Elmo. These landscaping provisions will be organized under Article 6 — Environmental Performance Standards under the new organizational structure of the Zoning Code. This action is part of the ongoing effort to reorganize and improve the Lake Elmo Zoning Code. The Planning Commission recommends the City Council approve Ordinance 08-087 through the following motion: "Move to approve Ordinance 08-087, establishing new landscape requirements if? the Lake Elmo Zoning Code." In addition, Staff recommends that the City Council approve Resolution No. 2013-65, authorizing summary publication of Ordinance 08-087, through the,following motion: "Move to approve Resolution_?Vo. 2013-65, authorizing summary publieadon of'Ordinance 08-081' BACKGROUND AND STAFF REPORT: Staff is continuing to progress on a large project aimed at incrementally reorganizing and improving the Lake Elmo Zoning Code. Some of the provisions that were identified as a prime candidate for update were the landscaping provisions in the City Code. The existing landscaping provisions are currently located in three different sections of the City Code, all with different requirements depending on the different types of development activity. Staff recommends to streamline these landscaping provisions into one ordinance to make the requirements more straightforward. In addition,the proposed landscaping ordinance is organized under Article 6 — Environmental Performance Standards within the new structure 1 of the Zoning Code. Given the upcoming development applications on the horizon, it is important to continue to streamline and improve the Zoning Code to make it better organized and less confusing. Regarding the existing landscaping provisions in the City Code, landscaping requirements are located in three sections: 1. Subdivision Ordinance—Preliminary Plat(§153.07) 2, Open Space Preservation(OP)Ordinance—Development Standards(§150.180) 3. Site and Building Plan Review(§151.070) The landscaping provisions of the three different sections differ significantly. The differences between the provisions include the methodology and the size of plant materials. The Preliminary Plat and OP Ordinances require plantings along boulevard areas at a similar ratio. However, the OP Ordinance requires an additional 10 trees per building site, whereas the Preliminary Plat Ordinance requires 6 trees per acre. The Site and Building Plan Review Ordinance, utilized in instances of development on a preexisting platted lot of record, takes a drastically different approach than the other landscaping provisions. The landscaping requirements within the Site and Building Plan Review are based upon the total valuation of the project. Depending on the valuation of the project, the developer must spend 1-2% of the project valuation on landscaping materials. The existing landscaping provisions are found in Attachment #4. In addition to reorganizing the landscaping provisions into the Zoning Code, the great variation of the existing landscaping provisions I was a key motivating factor in updating the ordinance to have one set of streamlined requirements. Regarding the proposed landscaping ordinance, the provisions are more similar to the requirements of the Preliminary Plat Ordinance than the other existing provisions. The proposed ordinance establishes minimum sizes of plan materials that are based on the standards proscribed in.the American Standards for Nursery Stock. Research of other landscaping ordinances from communities in the Metropolitan area revealed that these sizes are consistent with other ordinances in the Metro. In addition, these sizes are similar to the landscaping material proposed in the Lennar Preliminary Landscape Plan for the Savona Preliminary Plat application. Regarding the amount of required tree plantings, the proposed ordinance requires 1 tree for every 50 lineal feet for boulevard plantings, and 5 trees per acre of land impacted included in development activity. These requirements are similar to the Preliminary Plat Ordinance. In addition to required plantings in setback areas, the proposed ordinance establishes base landscaping requirements for the perimeter and interior of parking areas. The City does not currently have landscaping requirements for parking areas, as what little standards did exist were removed with the previous off-street parking ordinance. The inclusion of the landscaping for parking areas represents an improvement to the landscaping provisions that reflect best practices. In addition to these landscaping requirements and minimum standards, the proposed ordinance also establishes the framework to address screening when it is required by other areas of the Code. Finally,the proposed ordinance requires that a financial security be posted to ensure performance of the Landscape Plan. The security is used to guarantee performance for a two year period. Staff also researched other ordinances to establish common practice in relation to timeline of financial guarantee for landscaping. It was discovered that a two-year period is an established common practice. The Planning Commission reviewed the proposed landscaping ordinance at a regular meeting on July 22, 2013. At this meeting, the Planning Commission had some questions and recommendations, and Staff made minor refinements in response. The Planning Commission held a Public Hearing on the landscaping ordinance on August 12, 2013. Mr. Greg McGrath, 1509 15"' Street Court North, spoke at the Public Hearing, stating that he supports the landscaping ordinance. In addition be shared his frustration that the landscape material that was required to be installed as part of the Cardinal View development was never fully realized. Based on his testimony, the Planning Commission discussed the importance of the City holding financial security until all of the landscape material is correctly planted and established. The Planning Commission wanted to ensure that the City is doing everything within its power to ensure that the implementation of development goes according to plan. For this reason, the Planning Commission suggested that the City Attorney review the ordinance to ensure that the language is strong enough.to guarantee performance of the landscape plan. The Planning Commission unanimously 2 recommended the proposed ordinance for approval subject to legal review by the City Attorney(Vote: 6- 0). It should also be noted that Staff raised a concern from Council Member Nelson regarding the use of professional services in reviewing landscape plans. Staff recommended to the Planning Commission that the review of plans by professional services does not need to be referenced in the ordinance,as the review of these plans is more of an administrative and operational function. For example, it is expected that development applications will be reviewed by engineers, attorneys, and other professional services. Review of landscape plans by a certified landscape architect or other professional should fall in this same category. The Planning Commission felt comfortable not including the need for professional review directly into the ordinance. Finally, it should be noted that Staff is recommending to delete all.of the existing landscaping provisions as part of an upcoming"house-cleaning"amendment to the City Code. These existing provisions can be removed along with other elements of the Subdivision and other ordinances that need to be cleaned up to be consistent with new section of the Zoning Code. These "house-cleaning" amendments are common during periods of significant revision to the City Code. In order to change these sections of the Code, Staff needs to publish notification of public hearing on these ordinances separately. RECOMMENDA14ON: The Planning Commission recommends the City Council approve Ordinance 08-087 through the ,following motion: "Move to approve Ordinance 08-087, establishing new landscape requirements in the Lake Elmo Zoning Code," In addition, Staff recommends that the City .Council approve Resolution No. 2013-65, authorizing summary publication of Ordinance 08-087, through the following motion: "Move to approve Resolution No. 2013-65,authorizing summary publication of Ordinance 08-087." ATTACHMENT(S): 1. Ordinance 08-087 2. Resolution No.2013-65 3. Excerpt from Draft Planning Commission Minutes, 8-12-13 4. Existing Landscaping Provisions 3 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-087 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADOPTING NEW LANDSCAPE REQUIREMENTS IN THE LAKE ELMO ZONING CODE. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by adding the following language: ARTICLE 6. ENVIRONMENTAL PERFORMACE STANDARDS S154.258 Landscape Requirements 5154.258 Landscape Requirements All development sites shall be landscaped as provided in this section in order to control erosion and runoff, moderate extremes of temperature and provide shade, aid in energy conservation, preserve habitat, provide visual softening of, especially, urban development, and generally enhance the quality of the physical environment within the city. A. Landscape Plan Required. A landscaping plan is required for all new commercial, industrial, institutional and multi-family development, all planned unit developments, and all subdivisions, with the exception of minor subdivisions, as defined in Chapter 154. The landscape plan shall be prepared by a certified landscape architect and include the following: 1. The location, size, quantity and species of all existing and proposed plant materials. 2. Methods for protecting existing trees and other landscape material, consistent with 9154.257. 3. Structural and ground cover materials. 4. Provisions for irrigation or other water supplies. 5. Details and cross sections of all required screening. 6. Special planting instructions. B. Design Considerations. The following design concepts and requirements shall be considered when developing a landscape plan. 1. To the maximum extent possible, the landscape plan shall incorporate existing trees and other vegetation on the site. 2. Landscaped areas should be of adequate size to allow proper plant growth, protect plantings from vehicular and pedestrian traffic, and provide adequate areas for plant maintenance. 3. A variety of trees and shrubs should be used to provide visual interest year round. No more than fifty percent (50%) of the required number of trees and shrubs may consist of any one species. A minimum of twenty-five percent (25%) of the required number of trees shall be deciduous shade trees, and a minimum of twenty-five percent (25%) shall be coniferous trees. 1 4. Final slopes greater than 3:1 wilt not be permitted without special treatment such as terracing, retaining walls, or special ground covers. 5. AU plant materials shalt meet the following minimum size standards in Table 6-1. Table 6-1. Minimum Size Standards for Landscape Materials Plant Type Minimum size at planting Trees: Evergreen 6 feet in height Deciduous - shade 2.5 inches caliper, measured 6 inches from base Deciduous - ornamental 2 inches caliper, measured 6 inches from base Shrubs: Evergreen # 5 container* Deciduous # 5 container* Shrubs used for screening (evergreen or deciduous) # 5 container* * Approximately 5 gallons. See American Standards for Nursery Stock, ANSI 260.1-2004 for exact specifications. 6. As an alternative to the minimum standards for landscape materials, a landscape plan prepared by a qualified professional certifying that said plan wilt meet the intent of this Section may be submitted. C. Landscaping of Setback Areas. All required setbacks not occupied by buildings, parking, paths or plazas shall be landscaped with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, and surrounding pervious ground cover. 1. A minimum of one (1) tree shalt be planted for every fifty (50) feet of street frontage, take shore or stream frontage, or fraction thereof. a. Trees adjacent to streets shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape design patterns in the area. b. Salt tolerance and root structure should be considered when selecting tree species adjacent to streets, sidewalks and parking areas. c. Where property abuts a take or stream, trees shalt be planted at intervals of no more than fifty (50) feet along the shoreline, except where natural vegetation is sufficient to meet this requirement. 2. In addition to the requirements of C.1 above, a minimum of five (5) trees shalt be planted for every one (1) acre of land that is developed or disturbed by development activity. Such trees may be used for parking lot landscaping or screening as specified in subsections D and E below. D. Interior Parking Lot Landscaping. The purpose of interior parking lot landscaping is to minimize the expansive appearance of parking tots and provide shaded parking areas. Landscaping shall consist of planting islands, medians and borders, comprising the required planting area specified under item (1) below. 1. At least five (5) percent of the interior area of parking tots with more than thirty (30) spaces shalt be devoted to landscape planting areas. Areas may consist of islands or corner planting beds. 2. Shade trees shalt be provided within the interior of parking tots (in islands or corner planting beds) in accordance with the following table: 2 Table 6-2. Minimum Required Tree Planting for Parking Lots !dumber of Parking Spaces Minimum Required Tree Planting 0—30 None required 31 - 100 1 tree per 10 spaces or fraction thereof 101+ 1 tree per 15 spaces or fraction thereof E. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets and sidewalks, public open space, and adjacent residential properties. The perimeter of parking areas shall be screened as follows: 1. A landscaped frontage strip at least five (5) feet wide shall be provided between parking areas and public streets, sidewalks or paths. If a parking area contains over one hundred (100) spaces, the frontage strip shall be increased to eight (8) feet in width. a. Within the frontage strip, screening shall consist of either a masonry watt, fence, berm or hedge or combination that forms a screen a minimum of three and one-half (3.5) and a maximum of four (4) feet in height, and not less than fifty percent (50%) opaque on a year-round basis. b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet within the frontage strip. 2. Along side and rear property lines abutting residential properties or districts, screening shalt be provided, consisting of either a masonry watt, fence or berm in combination with landscape material that forms a screen a minimum of four (4) feet in height, a maximum of six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. Landscape material shall include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet along the property line. F. Screening. Screening shall be used to provide visual and noise separation of intensive uses from less intensive uses. Where screening is required in the City Code between uses or districts, it shall consist of either a masonry wall or fence in combination with landscape material that forms a screen at least six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. Landscape material shalt include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet along the property line. Additional landscape material such as shade trees or trellises may be required to partially screen views from above. G. Maintenance and Installation of Materials. Installation and maintenance of all landscape materials shall comply with the following standards: 1. Alt landscape materials shalt be installed to current industry standards. 2. Irrigation or other water supply adequate to support the specified plant materials shall be provided. 3. All required landscaping and screening features shalt be kept free of refuse and debris. 4. All landscape materials shall be guaranteed for two (2) years. Any landscape material that dies or becomes diseased before the end of the second (2 d) year after installation shall be replaced by the developer. 5. Continuing maintenance and replacement of landscape materials shall be the responsibility of the property owner beyond two years of initial installation. H. Financial Security. The City will require that a financial security, in a form acceptable to the City, be provided as part of a development agreement or applicable permit to ensure 3 compliance and performance of the Landscape Plan. The financial security will be released to the applicant upon verification by the City that the Landscape Plan was followed, and that all landscape materials are planted and in a reasonable state of health. The financial security may be used to replace any landscape materials that have become damaged or diseased after planting. Adequate security must be retained to ensure performance for at least two years after the installations have been completed. SECTION 2. Effective Date, This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-087 was adopted on this twentieth day of August 2013, by a vote of —Ayes and _ Nays. LAKE ELO CITY COUNCIL Mike Pearson, Mayor ATTEST: Adam bells City Clerk This Ordinance 08-087 was published on the day of ...._.....__ , 2013. 4 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2013-65 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-087 BY TITLE AND SUMMARY "HEREAS,the City Council of the City of Lake Elmo has adopted Ordinance No. 08-087, an ordinance to the City's regulations pertaining to Landscape Requirements; and WHEREAS,the ordinance is lengthy;and WHEREAS,Minnesota Statutes,section 412.191,subd.4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS,the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-087 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-087, which replaces the current sections of the City Code pertaining to Landscape Requirements. The ordinance includes the following provisions. • The ordinance establishes base sizes of allowed plant materials, which are consistent with the recommendations of the American Standards for Nursery Stock. • The ordinance establishes the required number of tree plantings for setback and boulevard areas within proposed developments. • The ordinance establishes landscaping requirements for the perimeter and interior of parking areas. • The ordinance establishes the process by which required screening is achieved. • The ordinance requires a financial security to be posted to ensure performance of all approved landscape plan. The full text of Ordinance No. 08-087 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLNTD by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a Rill copy of the ordinance be placed in a public location within the City. 1 Dated: August 20, 2013, Mayor Mike Pearson ATTEST: Adam Bell, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 2 T[[E. CITY OF A ELM Draft Planning Commission Minutes,8-12-13 Excerpt from Public Hearing Item 4a Public Hearing: Zoning Text Amendment—Landscape Requirements Johnson began his presentation by explaining the purpose of the Zoning Text Amendment.The ordinance is intended to update and relocate the landscaping provisions in the City Code to Article 6— Environmental Performance Standards. This ordinance addresses size requirements, requirements for perimeter and interior of parking areas, provides a baseline for instances when screening is required, and requires financial security to ensure performance of landscape plan. This ordinance was reviewed by the Planning Commission on July 22"d. The Planning Commission asked for clarification and had inquiries. Staff made 2 proposed changes to this ordinance based on those inquiries. If the proposed landscaping ordinance is approved, Staff is proposing to remove the existing landscaping provisions with a future house-cleaning amendment of the Subdivision Ordinance,OP Ordinance, and Site and Building Review Ordinance. Staff hopes to complete this amendment in September. Williams suggested that the word borders be added along with islands and medians. He also suggested that coniferous be added for perimeter parking lot. Larson thought that coniferous trees take up too much space and could interfere with parking. Williams asked about the difference between the 6 foot height for evergreens and 8 foot for fences. Johnson stated that the more restrictive provision of the city Code always applies. In instances where these two ordinances, screening and fence, conflict,the more restrictive applies. Dodson asked who reviews the landscape plans. Johnson responded that Staff reviews plans for conformance to City ordinances. However, Staff recommends that final plans be reviewed by a certified landscape architect or arborist in order to provide greater expertise in species selection and location. Public hearing opened at 7:25 pm. Greg McGrath, 1509 15t' Street Court North, stated that it is important that the City review these plans as mistakes were made in his development on the implementation aspect. He noted that what was approved in the final plans was not actually planted. The Planning Commission felt it is important to make sure that the landscape plan is enforced. No written comment was received Public hearing closed at 7:37 pm. Morreale would like to see something in the Code to hold the developer to their landscape plans. Williams stated that the proposed ordinance already requires a financial security. Dodson does not feel that it is sufficient and asked for further explanation about how the City enforces the approved plans. Johnson stated that the ordinance is strong enough, and where the City needs to focus greater care and energy is in the implementation of the development improvements. The City is now only accepting a letter of credit instead of performance bonds and the oversight needs to be stronger than it has in the past. He noted that the Staff and Council are committed to ensuring performance when it comes to development. Morreale wants to put a timeline of 2-3 years before the responsibility of replacement and maintenance becomes the homeowners. Dodson is concerned about CIC type development. Sometimes the developer turns over responsibility before the association knows what they are doing. He would like to see a timeline of 2 years before the developer can turn it over to an association. Williams wants to know if boulevards are the responsibility of the City or property owner. Johnson stated that boulevards are the responsibility of the homeowner. Morreale asked what happens if there is an act of God, such as a powerful storm that damages plant materials. Johnson stated that the contingencies of performance for the landscape plan would be spelled out in the developer's agreement. Alternatively, if the storm occurred 2 years after installation, it would be the homeowner's responsibility.Johnson further.stated that 2 years is the industry standard and it would be burdensome to hold the financial security for many years beyond the suggested timeframe. Morreale asked what would happen if a storm went through and many, many boulevard trees are taken out. He asked how the City could play a role in assisting property owners with tree replacement. Johnson noted that some Cities have tree planting programs that target locations within the community in greatest need of additional plantings. Williams proposed language to be added in the reasons for landscape section of"to provide visual softening of, especially, urban development". He further suggested that we check with the City attorney regarding the 2 year standard. Williams also suggested that we add language under the financial security that states adequate security must be retained to ensure performance for at least 2 years after the installations have been completed. M/S/P: Morreale/Larson, move to recommend approval of the Landscape Requirements Ordinance with amendments;subject to legal review by the City attorney: Vote:6-0. Motion Carried. 2 Existing Landscaping provisions—Lake Elmo City Code § 153.07 PRELIMINARY PLAT. (F) Supplementary information. The following supplementary information shall be submitted when deemed necessary by the Planning Commission: (8) A vegetation preservation and protection plat that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted; (a) Developer shall provide a landscape plan which shows how a subdivision will assume a rural character through the placement of ponding,berms,trees, and tree seedlings, shrubs, and shrub seedlings and native grasses; (b) Developer shall plant a minimum of b trees, 1 inch caliper deciduous, or coniferous trees; 3 feet in height per acre unless a lot within the subdivision is determined by the Zoning Administrator to be naturally wooded which would, at a minimum,consist of the caliper and height of trees required by this chapter; and (c) Developer shall provide spaced or clustered plantings of 1 and 1/2 inch caliper deciduous trees at a rate of 2 per 100 lineal feet on both sides of the street,between 0 feet and 5 feet to the inside of the right-of-way for rural sections and between 5 feet and 10 feet to the inside of right-of-way for urban sections. Four foot conifers may be substituted. 150.180 DEVELOPMENT STANDARDS. ........._..............-. �_......_ . ...........____ ...............:........_._....._........._.._._._..........._.............__.........___ _._.....___..... .__.__,_ .__.......... __.__._.:.... (e) .Boulevard landscaping. Boulevard landscaping is required along all streets to consist of at least 1 tree per every 30 feet or placed in dusters at.the same ratio. A landscape plan for the entire site is required and shall consist of at least 10 trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. 151.070 SITE AND BUILDING PLAN REVIEW. _...... . ...... r (3) Landscaping and screening plan. (a) Complete landscaping, screening, and erosion control plans shall.be prepared and signed by a professional landscape architect or professional site planner with educational training or work experience in land analysis and site plan preparation. These plans shall include: 1. Detailed natural land analysis,including vegetation, soil.types,and slopes; 2. Man.-made features (berms,fences, and the like); 3. Details of all proposed vegetative landscaping materials including: placement, Latin name/common name, caliper/height, and quantity; 4. Details of proposed non-vegetative landscaping materials; and 5. Planning and construction schedule for completion of landscaping and screening plans. (b) The final landscaping and screening plan must be approved by the Council/engineer at the time of the site plan review. (c) The plan for landscaping shall include ground cover,bushes,shrubbery, trees, sculpture, fountains, decorative walks, or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: iar q ect 1 Ealue (Inchiding building construction, site Percentage of Total Project Value to Be Allocated to preparation, and site impr oi,entents) Landscaping Belmv S 1,000,000 10/1, S 1.000.001 to $2,000,000 1 and 3/4% $2,000,001 to $3,000.000 1 and 1/2% S3000,001 to $4,000,000 1 end 1 %4°o 0\,,e $4.000,000 � � 1°0 (d) All landscaping must be guaranteed for 2 growing seasons,with a bond or security . r... u. ram' `t"H� CITY OF �. � YOR COUNCIL CC)NNrINIc 'ON DATE: 8/20/2013 REGULAR ITEM#: 1.1 AGENDA ITEM: Water Meter Conversions—Sensus to Neptune SUBMITTED BY: Cathy Bendel,Finance Director THROUGH: Cathy Bendel,Finance Director REVI1 NN'ED BY: Dean Zuleger,City Administrator SUGGESTED ORDER OF B1 SINESS: - Introduction of item............................................................................City Staff - Report/Presentation,................................City Staff,Northland Securities - Questions from Council to Staff...................................Mayor Facilitates Public Input,if Appropriate........................................Mayor Facilitates - Call for Motion................................................Mayor&City Council - Discussion.......I..............................................Mayor& City Council - Action on Motion....................................................Mayor Facilitates SUMMARY AND ACTION REDUESTED: At the July 2, 2013 City Council meeting, the City Council approved the 2013 CIP which included the purchase of additional Neptune Meters ! in order to continue the conversion from Sensus Water Meters to Neptune Water Meters. It is recommended that the City Council approve the purchase of additional Neptune water meters to continue to convert from the Sensus water meters to the Neptune water meters. "Move to Approve the Purchase of up to water meters a.s to cast not to axcee6l S 9) BACKGROUND INFORMATION: In the summer of 2006 the decision was made to convert from the Sensus water meters to the Neptune brand of water meters. New software and hardware were purchased and at that time it was decided to convert over the meters in waves in order to audit and monitor the process. Approximately 600 meters were converted in multiple groups in addition to individual conversions as the older meters have had issues. There are currently 321 meters left to be converted. STAFF REPORT: As requested in the CIP process, Finance would like to convert the remaining meters to the Neptune platform to avoid duplicate service and maintenance fees each year. The old meter reader battery will not hold a charge and we have had to borrow a reader from a neighboring community since neither a replacement meter reader nor a better can be found. With the hiring of a part-time resource, the hope is to do the conversions internally this fall. RECOMMENDATION: It is recommended that the City Council approve the purchase of additional Neptune water meters to continue to convert from the Sensus water meters to the Neptune water meters. "Move to Approve the.Purchase of up to water meters as a cost not to exceed $ 99 ATTACHMENTS: 1) Ferguson Waterworks quote I 2 %IFERGUSONr' Waterworks 1694 91st Avenue NE Blaine,MN 55449 Phone: (763)560-5200 Pax:(763)560-1799 www.ferguson.com March 17, 2013 City of Lake Elmo 3800 Laverne Ave. Lake Elmo, MN 55042 Attn: Cathy RE: 2013 Pricing Mello Cathy, You asked what your current pricing is for 2013, and you also asked about price breaks. First here are your current pricing.... All pricing are for Neptune R900i water meters i®a -- 30 0 5/8 and 5/8 x 3/ - inch $205.39 -inch both full and short $25P.47 40> 1-inch 1 '/2 - inch $537.69 /sue 3(o, -7' 2-inch disc $720.02 / -7 f-, 22-7 C. [ 37( 2-inch compound $1,823.13 If you buy any R900i water meter in small quanities in 2012, these prices will exist. If you buy between 30 and 100 3/-inch R900i wafter meters, I will drop the price $10.00 each. If you buy between 100 and 300, 1 will drop the price another$10.00. I cannot give you pricing at this time for 2013, since there will be a substancial increase in pricing from Neptune. I did get installation pricing from Brian Rollins, and his pricing is... For installing 100 meters up to 1-inch in size, the price will be $57.00 each. 1 '/2-inch and above will be $130.00 For installing 200 meters up to 1-inch in size, the price will be $56.00 each. 1 1/2-inch and above will be $127.00 For installing 300 meters up to 1-inch in size, the price will be $55.00 each. 1 1/2-inch and above will be $125,00 Dick Wetzel Ferguson Waterworks 952-807-6035 TH C CITY OF _ - . MAYOR & COUNCIL COMMUNICATION DATE: 9/20/2013 REGULAR ITEM 12 AGENDA ITEM: Consider Hiring Representation from a Lobbying Firm for a$2.6M State Bonding Request SUBMITTED BY: Beckie Gumat2, Program Assistant THROUGH: Dean Zuleger,City Administrator REVIEWED BY: Dean Zuleger,City Administrator Adages Bell, City Clerk SUGGESTED ORDER OF BUSINESS (if remoyed_frow Consent): - Introduction of Item............................................. ............................City Administrator - Report/Presentation.................................................................................Mayor Pearson - Questions from Council to Staff......................................................... Mayor Facilitates Public Input, if Appropriate................................................................Mayor Facilitates - Call for Motion...........................................................................Mayor&City Council - Discussion...................................................................................Mayor&City Council - Action on Motion................................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: The City of Lake Elmo City Council is respectfully requested to confer with City Staff and consider hiring a lobbyist to help facilitate discussion and foster support for the City's $2.6M state bonding request at the state legislature during the 2014 legislative session. The recommended motion for this action is as follows: "Move to hire representation.ironz the Lam,Firm Wersserli& Framer'to help represent the City and its bonding request at the state legislature for the 2014 legislative session." BACKGROUND INFORMATION: Messerli & Kramer is a firm of attorneys and lobbyists with over 200 years of experience before the Minnesota state legislature. They are a bipartisan firm and have represented a variety of major corporations, trade associations, nonprofits, local governments, and single issue clients. They also have had tremendous success representing local governments on economic development projects and bonding requests. City Staff reached out to Messerli &Kramer to inquire about what services they could provide to the City. They are open to providing council for the City and have recommended that James Clark serve as lead counsel on the City's behalf. James Clark is a former State Representative and knows the state legislature very well. He has worked on and secured bonding appropriations for the Cedar Avenue Bus Rapid Transit and the Children's Theatre expansion. 4 STAFF REPORT: City Staff recommends hiring a lobbyist to help secure our $2.6M bonding request at the state legislature. Having a lobbyist who knows how the legislature works, as well as has good relationships with members on both sides of the aisle will be extremely beneficial when trying to get the City's bonding request into the bonding bill. Lobbyists meet with legislators, prepare remarks for committee, line up testifiers, and will be on hand during all committee meetings and floor sessions regarding our bonding proposal. Having an advocate in the building would make it much more likely that our request be incorporated into the bonding bill. RECOINIMENDATION: City Staff recommends hiring a lobbyist to help facilitate discussion and foster support for the City's $2.6M state bonding request at the state legislature during the 2014 legislative session: "Move to hire representation fr orrr the Law Firrrr `Mersserli&Kramer'to help represent the Fitt.=and its bonding request at the state legislature for the 2014 legislative session."99 E f 2 tk I I � ATTORNEYS AT LAW Kramer PA. 525 Park Street Suite 136 St.Paul.Minnesota 55103 main 651.228.9757 fax 651228 9787 www,rnesserl1krameccam Additional offices in: MInnespo€is&Plymouth,MN ,Tiny 17, 2013 Writer's contact: Mr. Dean Zuleger, City Administrator City of Lake Elmo 3800 Laverne Ave.N. Lake Elmo, MN 55042 Re: Proposal for the City of Lake Elmo's Bonding, Request Dear Mr. Zuleger: Thank you for allowing Messerli &Kramer to submit a proposal to provide government relations representation for the City of Lake Elmo's bonding request. This proposal provides background on our Firm, information on our services, our conflicts of interest policy as well as a proposed budget, We are also willing to work with you if there are additional services you would like to see included in this proposal to help meet the City of Lake Elmo's needs. FIRM BACKGROUND For over 30 years,Messerli &Kramer P.A. has been an active and respected presence before the Minnesota Legislature on behalf of numerous clients. Our success has been built on a commitment to integrity,quality service, expertise and vision. Legislative clients of our firm include Fortune 500 companies, several government agencies, many professional trade associations and a number of nonprofit interests (we have provided a client list for your perusal). Our firm has been successfully involved with many of the state's most complex and controversial pieces of legislation. Our involvement includes legislation relating to sports arena funding, health care and workers' compensation reform,judicial system reorganization, and utility and telecommunications deregulations, to name a few. Importantly, we have tremendous experience and success representing local governments on economic development projects, such as initiatives in Woodbury,Minnetonka and Edina. Some of our bonding project examples include the Children's Theatre, Minneapolis Convention Center,Hiawatha Light Rail, the Shubert Theatre,the Minnesota Zoo and the St. Paul Saints ballpark. Furthermore, we have developed excellent working relationships with both Republicans and Democrats in the House and Senate. We have long lasting relationships with leadership and key committee chairs in both houses. We have also built solid.relationships with Governor Dayton, his staff and the commissioners who work in his administration. Thus, Messerli & Kramer P.A. is well positioned to assist with any legislative or administrative issue. r.; SINC-0AKWORt0W10F "'d• SERVICES TO BE PROVIDED Based on what we know to be your needs for government relations support, Messerli & Kramer would be able to provide the following services for the City of I.,ake Elmo. We are also open to changing the scope of our services and budget should that be desired. • Representation before the 2014 Minnesota Legislature, including presence at committee hearings, floor sessions of the Senate and House of Representatives and conferences with individual policy makers; • Legislative lobbying for a$2.6 million bonding appropriation for design and construction of an extension of the trunk water main to the 1-94 corridor, including the drafting of bills, identification of authors,preparation of testifiers and lobbying the membership of the House and Senate; • Maintain liaison with state administration officials, City of Lake Elmo officials and stakeholders as necessary; • Provide updates on legislative and administrative activities relating to the progress of the City of Lake Elmo legislation, including weekly meetings with the core lobbying team to ensure coordination; and, • Provide strategy regarding timing of grassroots and grasstops efforts. It would be our suggestion that James Clark serve as lead counsel on your behalf, complemented by the expertise and experience of Tom Poul and Eric Hyland. James Clark Mr. Clark is a shareholder in Messerli & Kramer P.A. and is a former three-term State Representative. He served as Vice Chair of the Transportation Committee, as well as a conference committee member of the critical Capital investment(Bonding) Committee. He was a key member of the Committees on Tax, Civil Law, Local Government, and Health and Human Services. He has also served as an Assistant County Attorney prior to joining our team. James has led.our efforts on securing bonding appropriations for Cedar Avenue Bus Rapid Transit and the Children's Theatre expansion. He is also our lead for CVS pharmacies, Amerigroup, Animal Humane Society, Suburban Transit Association and others. Tom Poul Mr. Poul is a shareholder and is chair of the Government Relations Department at Messerli & Kramer. Prior to joining the firm, he served as Legal Counsel for Legislative Affairs at the Minnesota Department of Labor and Industry, and as Manager of Government Research for State Auditor Judi Dutcher. Tom provides legal and legislative counsel for clients of various industries at the Minnesota Legislature as well as state and municipal agencies. Mr. Poul also has significant experience representing suburban municipalities on tax,economic development and bonding proposals. Some of Tom's other clients include: the Municipal Legislative Commission (MLQ,Apple, Minnesota Oncology, Twin Cities Orthopedics, Oracle and Pearson Education. Eric Hyland Mr.. Hyland has been a lobbyist with Messerli & Kramer P.A. since 1997. Prior to joining the Firm, he spent ten years working for the Minnesota Senate as the Committee Administrator for the Finance Committee. Eric has extensive practical experience with the legislative process. His work for the Senate Finance Committee has allowed him to develop an expertise in the state budget, appropriations and capital bonding processes. His clients include retail companies, law enforcement, and communications companies. PROPOSED BUDGET Messerli & Kramer proposes a retainer of$1,000 per month for August 1 through December 31, 2013, and$5,000 per month for January 1 through May 31, 2014 (a total retainer of$30,000). We anticipate the need to develop strategy and meet with numerous members of the Legislature and administration during the remainder of 2013 so we may hit the ground running once the 2014 legislative session commences. CONFLICTS OF INTEREST Messerli & Kramer is aware that conflicts between clients can be harmful to their legislative programs. We have reviewed the needs of the City of Lake Elmo and confirmed that it would not conflict with the needs of other clients represented by our firm. While we do not see any conflict, we want to be fully transparent that our Firm represents DuPont at the legislature. We have spoken with their representatives and they do not see any issue with our representing the City of Lake Elmo. We are happy to answer any questions and provide additional information on our conflict of interest policy if needed. CONCLUSION Thank you for considering Messerli & Kramer to provide the City of Lake Elmo with government relations services. We appreciate the opportunity to submit this proposal and we look forward to hearing from you to discuss this at your c4veni.ence. �,,Rficerely, J rn s Clark %'\-;,"'rom. Poul Sliareholder Shareholder Messerli & Kramer, P.A. 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C w F = � (-DD CD � �_ N -0 O < � co 3j573 O ? SU cD N 0) ej. CD CD CD 0 cn '�"� CCDD Co CD w _. _. oCDo o c a C_ CD 0 p MESSERLI & KRAMER MESSERLI p,e Committed to success Practices Government Relations When'Tom promoted the successful Absolutely Incredible Kid lay for the CampFire organization,he Related Experience had a goal in mind—let kids know how good they Ten years experience representing clients at the legislature. are and how successful they can be.That's the kind of Served as legal counsel for Legislative Affairs at the commitment that marks Tom's personal life and the goal- Minnesota Department of Labor and Industry, driven enthusiasm he brings to his work.Tom's work with Messerli&Kramer P.A.is based on solid relationships, Served as director of Government Affairs for former trust,and an uncompromising commitment to the client. Minnesota State Auditor Judith Dutcher. Serves as administrative hearing officerfor the City of Tom knows the success of his clients demands nothing Brooklyn Park, less.He applies his legal,legislative and political experience in a practical way to continually deliver results, Bar Admissions And,whether a client needs assistance navigating the Minnesota complexities of state or municipal government,orust Education telling their unique story,Tom's commitment to clients' William Mitchell College of Law.J.D. goals fosters their success. University of Minnesota-Duluth,B.A. His work includes representation of clients at the Affiliations Minnesota legislature and before state and municipal Minnesota State Bar Association agencies;strategic advice on state and municipal Ramsey County Bar Association procurements;assistance with administrative rules Minnesota Governmental Relations Council and general counsel on the political process.Tom has Kids Voting Minnesota;board member represented many large corporations,government entities, University of Minnesota-Duluth Alumni Association, board member and past president and associations on legislative issues in industries such CampFire Minnesota,board member and as educa#ion, health care,technology,insurance and past president finance,transportation,municipal finance,and state bonding. Awards&Recognition Rising Ster,Minnesota Law&Politics,2002-2007 Contact Tommwb 651-556-921 B lop tpoul@messerlikramer.com :< Clty of.Lake.Elmo Old Village:Planning& Development Schedule . . Priority Status Activity Responsibility Completion Time #1 Comp Plan Approval Metropolitan Council October 2013 #2 Mixed Use Zoning District Planning&Zoning(KK) October 2013 #2A Airport Zoning recision Planning&Zoning(NJ) November 2013 #3 Drainage Study Wash County/ Focus(JG) December 2013 #3A Railroad Crossing Abandonment/ UP/Planning&Zoning(uz,KK) December 2013 Replacement #4 TIF#1 District Creation Econ Development Authority December 2013 #4A Utilization/RE-Use Study of Planning&Zoning(NJ) January 2014 City Owned Property in Old Village #5 Form Base Codes Planning&Zoning(KK) March 2014 KK- Kyle Klatt NJ—Dick Johnson fie—Dean Zuleger JCJ - Jack Griffin