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Home My WebLink AboutOctober 21 City Council Packet f'f l E CITY OF Our Mission is to Provide Quality Public Services in a Fiscally Responsible LAKEELMO Manner While Pre erving the City's Open Space Character NOTICE OF MEETING City Council Meeting Tuesday, October 21,2014 7:00 P.M. City of Lake Elmo 1 3800 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 la.Accept August 5,2014 City Council Meeting Minutes lb.Accept September 16,2014 City Council Meeting Minutes lc.Accept October 7,2014 City Council Meeting Minutes G. Council Reports • Mayor • Council H. Presentations/Public Comments/Inquiries I. Finance Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Accept Financial Report dated September 30,2014 4. Accept Building Report dated September 30,2014 5. Accept City Assessor Report dated September 30,2014 6. Sunfish Forestry Management Plan 7. 391h Street N:Street&Sanitary Sewer Improvements—Pay Request No. 1 8. 2014 Street Improvements—Pay Request No.3 9. Lake Elmo Avenue Trunk Watermain Improvements—Change Order No. 1 10. Lake Elmo Avenue Trunk Watermain Improvements—Pay Request No.3 11. Pumphouse No.4 Improvements—Pay Request No. 5 J. Other Consent Agenda 12. Encroachment Agreement—9986 Tapestry Road Trail 13. Encroachment Agreement—10902 57th Street N 14. Minnesota Dept.of Natural Resources XC GIA Sponsor Resolution;Resolution No.2014-84 K. Regular Agenda 15. Public Hearing.Well No.4 Connecting Watermain Improvements—Final Assessment Hearing;Resolution No.2014-89 16. Public Hearing:Lake Elmo Avenue Trunk Watermain Improvements—Final Assessment Hearing; Resolution No.2014-86 17. Section 34 Water&Sewer Utility Extension Improvements—Accept Quotes and Approve Contract for Hudson Blvd Pressure Reduction Valve;Resolution No.2014-87 18. Inwood Booster Station Improvements—Approve Terms for Site Acquisition L. Staff Reports and Announcements • City Administrator • City Attorney • Planning Director • City Engineer • Finance Director • City Clerk M. Adjourn LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 CITY OF LAKE ELMO CITY COUNCIL MINUTES AUGUST 5,2014 Council conducted Planning Commissioner interviewprior to regular council meeting. Mayor Pearson called the meeting to order at 7.•00 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Anne Smith,Justin Bloyer, and Mike Reeves Staff present: City Administrator Zuleger, City Attorney Snyder, Assistant City Attorney Brekken, City Planner Johnson,Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Dean explained the reason for postponing items 12 & 13 until August 19, 2014. The city is still waiting to receive a couple documents due to scheduling conflicts and waiting for Valley Branch Watershed District action. MOTION. Countil Member Bloyer moved TO APPROVE THE AUGUST 5, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 1:ACCEPT MINUTES-No minutes were submitted for approval. COUNCIL REPORTS: Mayor Pearson: attended Library Board meeting. Library Board is interviewing director candidates;attended Stonegate neighborhood meeting; met with property owner to discuss leasing space for City; attended Gateway Corridor meeting;met with 39th St. Property owners;attended Parks Commission meeting; Mayor Pearson directed staff to add item to future agenda regarding managing a council member's communication with staff,perhaps at next council meeting. Council Member Bloyer: no report. Council Member Reeves: attended Parks Commission meeting; attended a few library board meetings and will be participating in second round of interviews; attended Stonegate neighborhood meeting. Mr. Reeves congratulated staff on the successful meetings. Council Member Smith: no report. Council Member Nelson: met with Library Board members to discuss finances and upcoming budget. He also attended a Library Board meeting; Mayor Pearson appointed Judy Gibson to the Library Board with no Council opposition;Mayor Pearson also announced that he will be stepping down from the Board. Council Member Bloyer will be replacing him on the Board.There was no Council opposition. PUBLIC COMMENTS/INQUIRIES Library Board President Sarah Linder spoke about the upcoming events at the library. Library Summer Reading program was a success with increased participation. She thanked the donors who helped make it a success. Library Board Member Paul Ryberg also spoke about the library. If any new Board members have any questions, contact him. City Administrator Zuleger read into the record two letters to the city submitted by Sue Dunn. Letters are available upon request. FINANCE CONSENT AGENDA 1. Approve Payment of Disbursements and Payroll 2. Lake Elmo Avenue Sewer Infrastructure Improvements: I-94 to 30,h Street — Corrected Compensating C.O.No. 6 Page 1 of 4 LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 3. Lake Elmo Avenue Sewer Infrastructure Improvements: I-94 to 3&h Street-Corrected Pay Est.No. 8 4. 2014 Seal Coat Project-Pay Estimate No. 1 (FINAL) MOTION: Council Member Nelson moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED S-0. OTHER CONSENT AGENDA 1. Encroachment Agreement—11679 58th Street N 2. Encroachment Agreement—5734 Lily Ave 3. Village AUAR Update;Resolution No.2014-43 4. Joint Trench Right-of-way Fee Amendment; Ordinance 08-114 MOTION. Council Member Reeves moved TO APPROVE THE OTHER CONSENT AGENDA AS PRESENTED.Mayor Pearson seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 11:APPROVAL FOR VOLLEYBALL COURTS IN PEBBLE PARK Taxpayer Relations and Communications Coordinator MacLeod presented the reason for the request. After the recent improvements approval,the Parks Commission desires to add this feature now. Council Member Bloyer asked about the need for two courts as opposed to one.The original plans that have been developed over a few years included two courts, and the research found that in order to hold tournaments,two courts are needed. Council Member Smith asked why locate the courts in a small neighborhood park as opposed to a more centralized area, and why now? Ms. MacLeod explained that space was an issue, and with the new improvements,Pebble Park is expected to become more of a destination park. Ms. Smith also asked if the residents who attended the neighborhood park meeting were opposed or in favor of the volley ball courts? Ms. MacLeod explained there was some support but no opposition. There were requests for pickleball courts. Council Member Nelson asked if this was the best location.There was discussion about whether this was the best location for these courts.Whether additional amenities were needed to drive use was discussed. Council Member Reeves also noted that this has been on the park planning for some time. Ms. Smith suggested Reid Park might be a better option with the anticipated expansion of Reid Park. It was explained that there are plans for the Reid expansion,but Pebble Park was first in the queue for upgrading. It was explained that the addition of a Lions Park court has not been discussed as an option to Ms. MacLeod's knowledge. MOTION- Council Member Bloyer moved TO DENY THE EXPENDITURE OF NO MORE THAN $20,000 IN PARKLAND DEDICATION FUNDS. Council Member Smith seconded the motion. Council Member Bloyer questioned why Lions Park was not considered for adding one more court. Council Member Smith questioned the assertion of space. She wants more research done. Ms. MacLeod noted that the park audit was done in fall of 2013 and this was in part based on that research. Council Member Reeves supports the courts,but suggested that if the item is sent back to Parks Commission, include the direction to further consider the location issue. The costs were discussed. Council Member Nelson questioned the demand,location,and costs.He would Eke the Parks Commission to further review the item. Mr.Bloyer rescinded his motion MOTION. Mayor Pearson moped TO REFER THIS ITEM BACK TO THE PARKS COMMISSION FOR FURTHER CONSIDERATION OF THE COUNCILS CONCERNS. Council Member Bloyer Jeco)lded the motion.MOTIONPASSED 50. ITEM 14. RAD-ALT COMPREHENSIVE PLAN AMENDMENT:RES.NO.2014-64 Page 2 of 4 LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 City Planner Johnson provided overview of the comp plan amendment and the background of the request. Mr.Johnson also explained the RAD—ALT category. It was noted that the removal of this land use category will have no impact on meeting density targets. Mr. Johnson explained that the Planning Commission recommended one additional finding regarding the 2040 Thrive projections being met with the elimination of this land use category. Council Member Smith asked for clarification on parcel sizes.She asked if the city has received any proposals. Staff responded that they are aware of proposals being discussed, but planning staff has not received any submissions to date. The issue of other parcels that do not meet the minimum development standards was discussed. City Administrator Zuleger noted that the City has received several inquiries from property owners who would like to subdivide their land,but do not have the minimum acreage under current ordinance. Council Member Reeves asked about the future development potential of the subject parcels. Mr.Johnson explained that the current OP category is being reviewed for revision. The supermajority exception for the OP developments was explained. Mayor Pearson asked about staff recommendation in 2010 when the last parcel was changed. Mr.Johnson said staffs recommendation was to oppose it at the time. Ms. Smith asked when the 50% open space rule apply to RAD-ALT. Mr.Johnson explained the OP Rules applied to RAD-ALT. Ms. Smith claimed that the current RAD-ALT intent was to allow half-acre lots. She did not recall when that changed that it was explained to Council. The application of the RAD rules to the subject properties was discussed. The comp plan language was provided, which confirmed the OP rules application to RAD-ALT. Mick Lynskey spoke on behalf of the Green family who could not attend. The Green's hired him after the senior housing and farm school failed to develop. He suggested that changing the zoning would be considered a taking.He asked that the previous allegation of spot-zoning not impact the current zoning. Larry Weiss, 9302 Stillwater Blvd., asserted that most of the surrounding neighbors do not want the classification. He asked Council to change the zoning back to RAD. Terry Emerson, 2204 Lincoln Lane N.,wants two building spots on the 9 acre portion of his property. He explained the nature of his property. The drainage issues were discussed. Mr. Johnson clarified the OP standards.Mr.Emerson said that he had met with staff to discuss developing his land. Ed Neilson,9498 Stillwater Blvd.,supports changing the parcels back to RAD. MOTION. Council Member Smith moved TO DENY RESOLUTION NO. 2014-64, AMENDING THE COMPREHENSIVE PLAN TO ELIMINATE THE RAD ALT FUTURE LAND USE CATEGORY FROM THE FUTURE LAND USE MAP AND AS REFERENCED IN OTHER PORTIONS OF THE PLAN AND TO CHANGE ALL PARCELS THAT ARE CURRENTLY GUIDED AS RAD ALT TO RAD.There was no second MOTIONFAILS FOR LACK OF SECOND MOTION. Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-64 AMENDING THE COMPREHENSIVE PLAN TO ELIMINATE THE RAD ALT FUTURE LAND USE CATEGORY FROM THE FUTURE LAND USE MAP AND AS REFERENCED IN OTHER PORTIONS OF THE PLAN AND TO CHANGE ALL PARCELS THAT ARE CURRENTLY GUIDED AS RAD ALT TO RAD. Council Member Reeves seconded the motion. Council Member Bloyer struggles with this decision.Wht1e he respects property rights,he is concerned about the proper zoning. Council Member Smith stated that councils are allowed to amend comp plans.This was done by the previous Council. She asserted that the City gave the owners property rights and changing it would be a taking. She also explained why did not believe the previous rezoning was not a case of"spot-zoning." City Attorney Snyder explained the legal description of spot-zoning and down-zoning or taking. Because no action by the owners has been taken,such as a preliminary plat approval, there are no vested property rights; therefore this would not constitute a legal taking. Changing the zoning is a policy decision that the Council must consider. Page 3 of 4 LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 Ms. Smith asked if the 3M property could be done by itself. Mr. Bloyer said it would be worse if done by itself. Council Member Reeves believes the properties are all different.The Friedrich property applicants were given time to develop under rezoning, but nothing has come about. Because that expired, the property should be changed back.The other two parcels are different as they were done for different reasons. Council Member Nelson struggles as well with the decision. Mr.Johnson further explained the impact of the change on the properties. Mr. Nelson, despite his reluctance to reduce the development options for the parcels under RAD,he would support changing them back to RAD. Mayor Pearson concedes this decision causes "heartburn" for him as well, but he wants to stick to the facts before them as there are no current submitted proposals. He does not believe this is a taking. He questions whether the RAD-ALT category makes sense. That is the basic question before the City. The Planning Commission believes it does not,and he supports that sentiment. Ms. Smith reiterated the importance of respecting property rights. Mr. Zuleger noted that staff is committed to re-evaluating the land use classifications following the finalization of the 2040 Thrive projections. Mayor Pearson challenged the accusations of unethical actions by reducing the zoning. Mr. Snyder clarified that the decision is a policy decision and not a moral or ethical decision. Mr. Bloyer is glad that these density discussions are being had. MOTION PASSED 4-1(SMITH—NA 19. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger. staff working on developments; Easton Village & 391h St. will be brought to Council on August 19th as well as a possible 501 St. petition;staff has been working very hard on 2015 budget and CIP; working on Public Works operations efficiency; 9447 Stillwater Blvd. clean up efforts involved suspect of recent law enforcement officer shooting. Cleaning up that property issue locally may have helped the community avoid a similar tragedy. City Attorney Snyder.working on 39th St.project documents;he thanked Council and staff for their efforts. City Planner Johnson: plans have been moving forward regarding the Lake Elmo Ave. and Manning Ave. projects.Those projects will be coming forward soon. It was confirmed that the resident concerns regarding trees on Lake Elmo Ave. has been brought to the county's attention. Finance Director Bendel:no report. City Clerk Bell: Elections: Public Accuracy Test tomorrow at 1PM here in chambers. Next Tuesday, November 12th,State Primary Election from 7:OOAM to 8:OOPM. City Council Candidate filing period closes on Tuesday, August 12th at SPM. City Council Candidate withdrawal deadline is Thursday, August 14th at S:OOpm. City currently has received three candidate filings thus far. For more information,please contact City Hall;Due to election,Council is reminded that the next workshop will be held Wednesday,August 13,2014. Council Member Nelson asked that a draft agenda be sent as soon as possible. Mayor Pearson adjourned.meeting at 9.•00 pm, LAKE ELMO CITY COUNCIL ATTEST: Mike Pearson,Mayor Adam R Bell,City Clerk Page 4 of 4 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2014 CITY OF LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16,2014 Mayor Pearson called the meeting to order at 7.•00 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Anne Smith,Justin Bloyer, and Mike Reeves. Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin,Finance Director Bendel,and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Council Member Bloyer pulled Item 13 for discussion. Council Member Smith pulled Items 9 and 12 for discussion. MOTION.,Council Member Bloyer moved TO APPROVE THE SEPTEMBER 16, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 1:ACCEPT MINUTES THE SEPTEMBER 2, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Mayor Pearson: attended meeting with residents of the Hamlet neighborhood regarding sewer hook-up;met with Commissioner Kriesel and County Staff on a few matters, attended Gateway Corridor meeting and library event. Reported making headway on the library JPA with the county; attended groundbreaking for Family Means youth center. It was a great event with a great group. Council Member Smith: attended finance committee meeting; noted that some Planning Commissioners she has spoken with want the planning packets to be in a consistent format and more time to review; called for an action item list to determine the status of development conditions being met;read statement regarding moments of silence. A moment of silence was held for staff members Cathy Bendel and Joan Ziertman who recently lost their father and for resident Kacee Tollefsbol and her sister Ashlee Steele, who were recently killed. Council Member Nelson: attended finance committee meeting, groundbreaking for Family Means, and library event to meet the new director. Council Member Bloyer: met the new library director; met with Commissioner Kriesel and Wayne Sandberg. Council Member Reeves: attended Hamlet neighborhood meeting, library event to meet the new director, and Parks Commission meeting on September 15th; HR Committee will be meeting soon to finalize performance management process;attended Gateway Corridor meeting and library event. PRESENTATION:36TH &37TH STREET IMPROVEMENTS City Administrator Zuleger read the resident submitted letter. The letter called for postponing the street improvements. Mayor Pearson noted that the city is considering the question of how to deal with urban and rural roads. PUBLIC COMMENTS/INQUIRIES Steve DeLapp,8468 Lake Jane Trl., spoke about city densities. He called for a moratorium on development. Susan Dunn, 11018 Upper 33�d St. N., requested the current city debt amount. She spoke about pausing growth instead of using the term moratorium. She called for a city-wide open meeting for all residents. City Administrator Zuleger stated the debt amount was $18,500,000.00 Page 1 of 8 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16,2014 Ben Roth, 10819 3,d St. Pl., accused the City of violating the open meeting law. He wanted a more specific description of the April 15 closed meeting that had been reported during a previous meeting. Ed Klein, St. Paul, is currently Council Member Smith's Realtor license broker. He spoke about how he would have handled complaints. Jay Johnson, 12153 Marquess Ln. N., Anne Smith's husband spoke alleged that the council, attorney, and staff have gone too far in restricting her. He criticized the city for not following the civility rules. Kofi Bruce, 11671 56th St. N., spoke about the Sanctuary Park playground. He did not understand the process that took place to delay installing the park.He wants the park installed. Ben Backberg, 5693 Linden Ave. N. spoke about not receiving proper notice about Parks Commission meeting that took place on 9/15/2014 that discussed the Sanctuary Park playground according to the city code. He wants the park installed. Mayor Pearson and Council Member Reeves responded to some of the public comments regarding the park and the council-staff relations. The park approval process was further explained. Also, due to privacy rules, there are restrictions on what can be disclosed publicly regarding the personnel matter. Council Member Bloyer asked that the park be placed back on the agenda. City Administrator Zuleger responded that the item will be on the first meeting in October. Council Member Nelson also wants the park back on the agenda. Teresa Silvernale, 11751 58th St.N., spoke about her involvement in having the park built.She asserted that Council Member Smith was the parry responsible for stopping the park being installed. Ms.Smith responded that she did not stop the park, but asked that it be held for two weeks to make sure the process had been properly followed. ITEM 2: PROCLAMATION—CONSTITUTION WEEK Mayor Pearson read the proclamation recognizing the week of September 15th 2014 as Constitution Week. PUBLIC COMMENTS/INQUIRIES (Cont'd1 Deb Krueger, 4452 Lake Elmo Ave. N., spoke about the Wildflower development. She claimed to not be notified as she believed she was entitled. Todd Ptacek,812 Julep Ave.N.,spoke about being concerned about the impact of the previously approved Kwik Trip station. Community Development Director Kyle explained that there has been no change as the parcel has always been guided for commercial. Curtis Monteith,331 Julep Ave. N., spoke about the Stonegate Park and the surrounding development. He asked that the City consider increasing the green space/lung space of Stonegate Park. ITEM 3: PROCLAMATION—VOLKSMARCH Council Member Bloyer read the proclamation recognizing Sunday, October 11, 2014 as the first Annual Volksmarch. FINANCE CONSENT AGENDA 4. Approve Payment of Disbursements and Payroll 5. Accept Financial Report dated August 31,2014 6. Accept Building Report dated August 31,2014 7. Accept City Assessor Report dated August 31,2014 8. Pumphouse No.4 Improvements—Pay Request No.4 9. 10. 2014 Street Improvements—Pay Request No. 2 11. Well No.4 Connecting Watermain Improvements—Call for Final Assessment Hearing;Res.No.2014- 68 12. . 2"4 69 13. Speeiftl Assessment Abatement Request NOi DNR hfind;Res.AT&2M4 MOTION.• Council Member Nelson moved TO APPROVE THE FINANCE CONSENT AGENDA AS AMENDED. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA Page 2 of 8 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2014 14. Authorize John Schiltz to dispense Beer and Wine Coolers at the Volksmarch Event on 10/11/2014. MOTION.•Mayor Pearson moved TO APPROVE THE OTHER CONSENTAGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 9: Lake Elmo Avenue Watermain Improvements—Pay Request No. 2 Council Member Smith explained her reasoning for not supporting this item. She does not approve the watermain improvement project and wants to be consistent. MOTION.- Council Member Nelson moved TO APPROVE PAY REQUEST NO, 2 TO GM CONTRACTING INC IN THE AMOUNT OF$395,909.31, FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS PROJECT. Council Member Reeves seconded the motion. MOTION PASSED 4-1(SMITH—NA19. ITEM 12: LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS — CALL FOR FINAL ASSESSMENT HEARING; RES.NO.2014-69 Council Member Smith explained her reasoning for not supporting this item. She again does not support the watermain project. She wants to be consistent. Council Member Reeves asked what the financial impact would be if the project was stopped at this point. Finance Director Bendel explained that as it is a water project and is paid out of the water fund, the payments would have to come from somewhere. Ms. Smith does not want to be forced to accept development simply to pay for it. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2014-69; A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING FOR THE HEARING ON THE PROPOSED ASSESSMENT FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS. Council Member Reeves seconded the motion. It was noted that this item is about the assessments for those who will be benefiting from the water line. MOTION PASSED 4-1(SMITH—NA19. Anne Bucheck,2361 Legion Ave. N.,asked about the project. ITEM 13: SPECIAL ASSESSMENT ABATEMENT REQUEST — MN DNR LAND; RES. NO. 2014-70 Council Member Bloyer asked for clarification. The DNR objected on the grounds of being a sovereign government and therefore not assessable. MOTION.• Council Member Bloyer moved TO APPROVE ABATEMENT OF$270.00 BECAUSE THE MN DNR OBJECTS TO ASSESSMENT AS A SOVEREIGN GOVERNMENT. Council Member Smith seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 15: GATEWAY CORRIDOR LPA RESOLUTION;RES.NO. 2014-71 City Administrator Zuleger presented summary of the proposed Gateway Corridor Bus Rapid Transit line. He explained the proposed resolution. By supporting the resolution now, the city becomes eligible for transit funding. Lake Elmo requests: 1) is to turn back the section of Hudson Blvd. to Washington County; 2) access plan for Hudson Blvd land owners;3) locating an eastern Gateway station and dedicated planning resources for transit oriented development;4) no interchange at Lake Elmo Ave and I94,5) security for area is addressed. Commissioner Kriesel commended Mr. Zuleger's overview of the project. He acknowledged that there are many unanswered questions. The county has them too. He noted that the resolution is non-binding support. The County Transit Investment Board funding was also explained. Page 3 of 8 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16,2014 Council Member Bloyer asked what benefit would be gained. Mr. Kriesel said that is what the study is for. The economic development is one claimed benefit. Commissioner Lisa Weil: explained some of the other benefits that the project will include and further explained some of the financial breakdown.Traffic lanes and other transportation options were discussed. Council Member Nelson asked about who is doing the study. County Senior Planner Andy Getzlaff explained who would be doing what in regards to the study. Community Development Director Matt read letter from business owners along corridor who support the public transportation benefits. Mr. Matt also explained the Met Council does not see any increase in density due to transit. Mr. Nelson asked why all four alternatives are listed in the resolution. It was explained that the crossing location will be studied in depth. By leaving the other alternatives in the resolution it allows the most flexibility for future stations. Council consensus was in favor of adding the E3 alternative language. It was clarified that light rail is no longer an option. City Attorney Snyder suggested now is the time that Council should add any language that they want. MOTION.•Mayor Pearson moved TO ADOPT RESOLUTION 2014-71, TRANSMITTING THE CITY OF LAKE ELMO'S SUPPORT OF THE LOCALLY PREFERRED ALTERNATIVE (EPA) TO THE RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY, WASHINGTON COUNTY REGIONAL RAILROAD AUTHORITY,AND THE METROPOLITAN COUNCIL.Councl Member Reeves seconded the motion. Mayor Pearson wants the E3 alternative language added. Mr. Getzlaff suggested adding city also supports an E3 alternative. "The City of Lake Elmo would also support an A-B-C-D2-E3 alignment and continued evaluation as part of the Draft EIS." Council member Reeves believes there is a benefit for Lake Elmo if the City's requested conditions are met. He supports the resolution as it keeps the City involved in the process without granting formal approval. MOTION PASSED 5--0. Council Member Bloyer requested a point olprivBege at 8.59pm.Meeting reconvened at 9.•05pm. ITEM 16: INWOOD PUD CONCEPT PLAN,RES.NO.2014-72 Community Development Director Matt presented the PUD proposal by Inwood 10, LLC. Concept plan includes a mixed-use planned development consisting of 157 Acres including 273 single family residential lots, 144 townhomes, 150 multi-family units, 120 senior townhouse units and approximately 68,814 sq. ft. of commercial/office uses.Mr.Matt explained the Planning Commission conditions of approval updates. Council discussed Condition #20 regarding the western placement of the trails, Condition #18 regarding prohibiting multifamily north of 5th street,and Condition#19 regarding sidewalks in cul-de-sacs.The Council consensus is to have those conditions re-evaluated as to whether they are necessary. Council Member Smith stated that she had not received this item in her packet. Mr. Matt explained the number and type of units included in proposal. The density numbers were explained. It was noted that the northwestern 150 multifamily units would be eliminated and revert back to commercial. Mr. Matt also explained the PUD was being sought for more flexibility in design. Pam Morteale, 785 Jasmine Ave. N.,read letter from neighbor Tom Fitzgerald (877 Jasmine Ave. N.),who could not attend meeting. He requested that the council deny the PUD based on the density. He also demanded that the city rewrite the comprehensive plan. Ms. Morreale read the petition that Stonegate submitted to the Planning Commission. John Rask from Hans Hagen Homes presented the proposed development. Wayne Prowse,697 Julep Ave.N., spoke about preserving the Lake Elmo heritage by denying development that does not fit the character of the City. Page 4 of 8 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2014 Nancy Andert, 697 Julep Ave. N., spoke about the impact on the Stonegate neighborhood. Requested that council deny PUD. Michael Lancette, 832 Jasmine Ave. N., spoke in opposition to the PUD. He also identified specific issues he had with some of the conditions of approval. Curt Montieth,331 Julep Ave.N.,asked if council had enough time to review the proposal.Council clarified that they had received the info along with the Planning Commission and Park Commission meetings. City Administrator Zuleger explained staffs efforts to work with Mr. Montieth on the park issue. Planning Commissioner Tom Kreimer, 772 Jewel Ave. N. and Stonegate resident, asked council to deny the request. Planning Commissioner Kathleen Haggard, 12154 Marquess Ln. N., spoke about how the whole Stonegate neighborhood should have been notified. Greg Milner,9073 9th St.N.,spoke about his concern about the density and the 100 foot buffer. Planning Commissioner Jill Lundgren, 8282 Hidden Bay ct. N., took issue with the packet delivery. She does not believe the amount of time is not enough.Asked the council to deny proposal. David Heinrichs,781 Jewel Ave.N.,asked the council to reconsider the pace of growth. Council Member Bloyer noted that the city has to pay for the infrastructure in the ground. Ann Bucheck,2361 Legion Ave. N.,agrees with the petition and urged Council to deny the PUD. Fred Pomeroy, 687 Jewel Ave. N., opposed to PUD. He thinks that a builder will come back with a better product if they were forced to. Ben Roth, 10819 3Td St.PL,asked that council send the developer back"to the drawing board" MOTION.Mayor Pearson moved TO ADOPT RESOL UTION 2014-072,APPROVING THE INWOOD PUD GENERAL CONCEPT PLAN.He withdrew his motion. Council Member Smith presented the REC units previously mandated under the MOU and the new figures now that the MOU is no longer in effect. She suggested that the city reevaluate the density numbers. Mr. Klatt explained the comp plan and density. Council Member Reeves noted that the developments Lake Elmo has approved have all been at the lower end of density figures. He and the mayor believe that it is important to have greater diversity in type of development.The current proposal is only 66%of the maximum density. Mr. Zuleger explained staff efforts on managing the traffic issues on Inwood and 106. Mayor Pearson noted that the developer is following the approved land use plan. The Council clarified and discussed the proposed density. The overall density is 3.4 units per acre. Low density range is 2.5 to 4.0 units per acre. Mayor Pearson expressed his desire for further consideration of conditions #19(sidewalks) and #21(designer lots). City Attorney Snyder explained the legal status of the proposal. It was further explained that the preliminary plat may contain different final densities when submitted, but it will be within the approved range. Council consensus was to direct the Planning Commission give further consideration of conditions #19 and#21. Motion: Comnal Member Bloyer moved TO ADOPT RESOLUTION 2014-072, APPROVING THE INWOOD PUD GENERAL CONCEPT PLAN, WITH ALL THE PROVISIONS DISCUSSED. Commil Member Reeves seconded the motion. Page 5 of 8 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16,2014 Council Member Nelson acknowledged that the proposal is not perfect, but it is a great product and will be good for Lake Elmo. Council Member Smith wishes the numbers were lower but she likes Hans Hagen product. Council Member BIoyer noted that the city needs to play by the rules that are in place. Council Member Reeves is happy this builder is in Lake Elmo and this development can be something special. Council discussed density ranges versus set density numbers. Mr. Bloyer asked for the last comp plan that was approved when the city moved to ranges provided to council. MOTION PASSED 4-1(SMITH—NAY) Council Member Smith explained she is not against developer or project but wants the parties to work together. Meeting recessed at 11:29pm. Meetingreconvened at 11:34pm. ITEM 17: BOULDER PONDS PRELIMINARY PLAT AND PRELIMINARY PUD PLAN; RES. NO. 2014-73 Community Development Director Klatt presented the Boulder Ponds PUD.The proposal consists of a 162- unit planned residential development on a 58.3 acre parcel. There will be 98 residential lots in 2 phases. There will be future multi-family units. Mr. Klatt explained the reason for the PUD,which maviIy includes a couple of smaller lots and homes set closer together. Council Member Reeves noted that the proposal was at 61% of the maximum density. Deb Ridgeway of OP3 Boulder Ponds Excelsior Group was available for questions.There were none. MOTION. Counal Member Reeves moved TO ADOPT RESOLUTION NO. 2014-73,APPROVING THE BOULDER PONDS PRELIMINAR Y PLA T AND PRELIMINAR Y PUD PLAN SUBJECT TO 12 CONDITIONS OF APPROVAL. Council Member Smith seconded the motion. Some of the engineering department and fire department concerns were noted. MOTION PASSED 5-a ITEM 18:VILLAGE PARK PRESERVE PRELIMINARY PLAT; RES.NO. 2014-74 Community Development Director K1att described the proposed development by GSWA. The proposal consists of a 104-unit residential subdivision on a 63.6 acre parcel. Mr. Klatt explained the critical issues that are still pending. Stormwater management is a large issue. The street light impact fee was noted. Stormwater and regional retention was discussed. The impact these developments will have on the village was discussed. The proposed developments will actually be part of the solution for stormwater management. The park dedication was discussed. Mr. Klatt noted that because the developer has another project in the Village planning area they are looking to receive credit for one applied to other. Dave Gonyea noted that the additional infiltration and screening will be an option if the southern 4 homes on west side of the parkway are removed. Planning Commissioner Kathleen Haggard, 12154 Marquess Ln. N., spoke in opposition to development. She wants a grander entrance and additional landscaping. It was agreed that Gonyea could "dress up" the entrance a bit and possibly put an island back in the plans. MOTION. Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-74, APPROVING THE VILLAGE PARK PRESERVE PRELIMINARY PLAT SUBJECT TO 13 CONDITIONS OF APPROVAL. Council Member Nelson seconded the motion. MOTIONPASSED 5-0. ITEM 19: HUNTERS CROSSING FINAL PLAT;RES.NO.2014-75 Community Development Director Klatt presented an overview of the proposed development by the Ryland Group. The proposal consists of a 51-unit residential subdivision on a 23 acre parcel and includes 22 single family lots. The phasing and design of 5th Street, access to the development, and landscaping was addressed. City Administrator Zuleger noted that the City has been working on this project for 14 months. What "half the road"means was further explained. Page 6 of 8 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2014 Tracy Rust explained why the park dedication funds were proposed instead of land. Staff explained that the Regional trail on Manning will connect to the Jr. High. Planning Commissioner Kathleen Haggard, 12154 Marquess Ln. N., spoke about her concern about the number of conditions attached. She would like the City to be able to check on plat condition completion after approval. She also does not believe that the school facilities are sufficient park facilities due to scheduling. Mr. Matt explained that the final plats are not released until all the conditions are met. Council Member Nelson asked about the required timeline to meet the final conditions. MOTION. Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-75,APPROVING THE FINAL PLAT FOR HUNTERS CROSSING.Mayor Pearson seconded the motion. Council Member Nelson noted that this development is also at the low range of density range. MOTION PASSED 5-0. Meeting recessed at 12.27 am.Meeting reconvened at 12:31 am. ITEM 20: SAVONA 2ND ADDITION FINAL PLAT:RES.NO. 2014-76 Community Development Director Klatt summarized the Savona 2nd addition proposal. The second phase includes 45 additional lots.The timing of 5th Street construction was noted. MOTION. Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2014-76 APPROVING THE FINAL PLAT FOR SAVONA 2,vD ADDITION. Council Member beeves seconded the motion. MOTION PASSED 5--0. ITEM 21: SAVONA 2ND ADDITION DEVELOPERS AGREEMENT; RES.NO.2014-77 Community Development Director Klatt summarized the Savona 2nd addition developer agreement. Council Member Nelson asked about the typo in paragraph 33. Staff explained that when the final figures are entered, it will be corrected. Lennar representative who was present stated that they have exceeded expectations in the number of lots being sold. MOTION:Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-77, APPROVING THE DEVELOPER'S AGREEMENT FOR SAVONA 21vD ADDITION. Council Member Nelson seconded the motion. MOTIONPASSED 5-0. ITEM 22: WILDFLOWER AT LAKE ELMO COMPREHENSIVE PLAN AMENDMENT, RES. NO. 2014-46 Community Development Director Matt explained that the previously set conditions for the CPA have been met.Those conditions included the conservation easement agreements between the Fields of St Croix and the City and Robert Engstrom Companies are completed, the developer makes a good faith effort to satisfy the adjacent properties regarding screening. The conservancy maintenance was discussed. Robert Engstrom explained that the HOA will assume the maintenance. Neil Krueger, 4452 Lake Elmo Ave. N., urged the Council to eliminate the twelve lots in the northwest section of the proposal to preserve the viewshed. MOTION. Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-46, APPROVING A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE FUTURE LAND USE DESIGNATION OF TWO AREAS WITHIN THE WILDFLOWER AT LAKE ELMO DEVELOPMENT FROM RAD AND OP TO V-LDR AND V MDR. Council Member Reeves seconded the motion. Council Member Smith wants to expand the notification radius. Council Member Reeves asked if the 12 homes could be relocated. Mr. Engstrom said that it is possible. His opinion is that the proposal will be special. Page 7 of 8 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2014 MOTION TO AMEND:Mayor Pearson moved TO AMEND THE MOTION BYADDING THE LANGUAGE "CONTINGENT UPON THE CITY'SAPPROVAL OFPRELIMINARYAND FINAL DEVELOPMENT PLANS FOR THE WILDFLOWER AT LAKE ELMO PUD THAT CONFORMS SUBSTANTIALLY WITH THE CONCEPT PLAN WITH THE CONVEYANCE AND/OR PROTECTION OF THE PLANNED OPEN SPACE AREAS OF THE CITYAND NEIGHBORHOOD ASSOCIATIONS AS STATED THEREIN."Council Member Reeves seconded the motion to amend. MOTION TO AMEND PASSED 9-0. ORIGINAL MOTION PASSED 5--0. ITEM 23:39TH STREET NORTH: STREET AND SANITARY SEWER IMPROVEMENTS— CHANGE ORDER NO.1 City Engineer Griffin explained the reason for the change order. Engineering conducted some water system analysis and determined that by increasing the size of a section of the 39,h Street watermain project from 12 inch to 16 inch, the City can eliminate the need for a water tower. The change order amount is $118,975.00. The cost of the otherwise needed water tower is $2.1 Million. Finance Director Bendel confirmed that the City could pay for this and then the shortfall would be added to 2015 bonding. MOTION. Council Member Smith moved TO APPROVE CHANGE ORDER NO. 1 FOR THE 39 " STREET NORTH, STREET AND SANITARY SEWER IMPROVEMENTS IN THE AMOUNT OF$118,975.00. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 24: DISCOVER CROSSING REPAIRS—TA SCHIFSKY QUOTE—$21.9K City Administrator Zuleger provided overview of the item. This has been an ongoing issue for 6 years. The issue includes stormwater problems that have resulted because there is no curb on the island. It was explained that the funds will be taken out of the stormwater fund. Staff suggested that the amount be increased to $24,000, MOTION.•Council Member Smith moved TO APPROVE AN AMOUNT NOT TO EXCEED$24,000 TO DO THE REPAIRS NEEDED AT THE DISCOVER CROSSING CIRCLE. Council Member Nelson seconded the motion. MOTION PASSED 5--0. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: On 10/14/2014 City will be holding a downtown summit/workshop. City Attorney Snyder: no report. Community Development Director Matt: no report. City Engineer: 391h street construction is underway. Finance Director Bendel:working on cash flows,enterprise budget, and assessments. Mayor Pearson adjourned meeting at 1.27 am. LAKE ELMO CITY COUNCIL A'ITEST: Mike Pearson,Mayor Adam R. Bell, City Clerk Page 8 of 8 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 CITY OF LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7,2014 Mayor Pearson called the meeting to order at 7.•00 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson,Anne Smith,Justin Bloyer, and Mike Reeves. Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin,Assistant City Engineer Stempski,Finance Director Bendel,and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Item 4 was pulled for postponement. Council Member Nelson requested Item 18 be moved to beginning of Regular Agenda. Council Member Bloyer pulled Item 9 for discussion and asked it be moved to end of Regular Agenda. MOTION.- Council Member Nelson moved TO APPROVE THE OCTOBER 7, 2014 CITY COUNCIL AGENDA ASAMENDED. Council Member Bloyer seconded the motion. MOTIONPASSED 5-0. ITEM 1:ACCEPT MINUTES Council Member Reeves had a correction. Council Member Smith had many changes she would like made. The 9/16 minutes and the process for making the corrections were discussed. City Clerk Bell asked that any substantial corrections be submitted to him in writing and the council can vote on each correction. MOTION. Council Member Bloyer moved TO TABLE THE SEPTEMBER 16, 2014 CITY COUNCIL MINUTES. Council Member Nelson seconded the motion. MOTION PASSED 5-0. COUNCIL REPORTS: Mayor Pearson: attended Public Safety Committee meeting; attended Washington County open house regarding Hwy 5 realignment meeting. Council Member Smith: received numerous calls from residents regarding density in approved developments. Read email from Rick Schallhom. Several council members noted that they responded to Mr. Schallhorn; Ms. Smith asked to have council discussion regarding the recent "closing" of city hall vis-i-vis leased space. Council Member Smith has concerns regarding several issues that were related to political campaigns. City Attorney Snyder cautioned the Council that council meetings are not the appropriate forum to discuss campaign matters. Council Member Nelson: attended Public Safety Committee meeting; Youth Services Bureau is holding fundraising event on November 9. Residents can visit www.ysb.net for more info. Council Member Bloyer: reported his findings regarding his inquiry into funds transfers that took place in 2006. He asked that discussion regarding these transfers be placed on future agenda. Council Member Reeves: attended Parks Commission retreat. PRESENTATION: RECOGNITION OF DAVE MOORE'S SERVICE TO CITY Mayor Pearson recognized Dave Moore for his service to the City. Mayor Pearson read letter from Public Words Superintendent Bouthilet regarding all that Mr. Moore has done for the city. EDA APPOINTMENTS—LINDA LARSON &MARK GAERTNER MOTION.•Council Member Bloyer moved TO APPROVE THE APPOINTMENTS OF LINDA LARSON AND MARK GAERTNER TO THE EDA. Council Member.Smith seconded the motion. MOTION PASSED 5-0. PUBLIC COMMENTS/INQUIRIES Library Director Nate Deprey spoke about programming events during ME-A. Page 1 of 7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Susan Dunn, 11018 Upper 33,d St. N., again asked that citywide meeting be held to discuss issues. She is interested in learning more about the village drainage solutions at the planned Downtown Summit. Jay Johnson, 12153 Marquess Ln. N., (Council Member Smith's husband), spoke about his concern that the Council does not follow the rules of civility while making important decisions for the city. As a resident, he believes he deserves better. He asked that the candidates who are running for city council ask themselves if someone else should take their place. He also asked that any employees who are not happy in job consider job change. Mayor Pearson responded he disagrees with much of what Mr. Johnson asserted, but Council is acting to protect the city from liability and minimize conflicts. Council Member Reeves stated that based on positive feedback he has received, he believes he has a duty to respond.The City has worked hard to bring civility to its relationships internally and externally. City Attorney Snyder noted that there are many issues that cannot be fully discussed in open meetings due to privacy restrictions despite the desire by some to do so,but the rules must be adhered to. He advised Council that because of the full agenda, Council should focus on that and address the staff/council relations another time. Council Member Bloyer took issue with the assertions that the current council is trying to transform the city into something undesirable.The council has painstakingly taken actions to protect the taxpayers. In response to assertions that the city is ignoring the MOU elimination, Community Development Director Klatt noted that the city is still under the previous density and population numbers until the 2040 Thrive numbers are finalized. FINANCE CONSENT AGENDA 5. Approve Payment of Disbursements and Payroll 6. 2014 Stormwater Assessments;Resolution No.2014-78 7. Production Well No.4—Pay Request No. 8 MOTION.• Council Member Bloyer moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 5--a OTHER CONSENT AGENDA 8. Encroachment Agreement—5388 Marquess Trail 9. moved to end of agenda] 10. Ball Field Fencing at VRV and Reid Parks 11. Call for Public Hearing for Redevelopment Plan Proposed by the EDA;Resolution No.2014-79 MOTION:Council Member Bl yer moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTIONPASSED S-0. REGULAR AGENDA ITEM 18:Sanctuary Park City Administrator Zuleger presented the background of the item. He explained the approval process and reason for delaying the installation of the playground equipment. Mr. Zuleger reported the City's neighborhood survey. Council Member Bloyer asked how long it would take to install the park. Mr. Zuleger explained it would be done in the next couple weeks. Jed Bastyr, 11619 58th St. N., spoke in favor of the park. He hopes that the council quickly passes a resolution to approve the park. Pamela Chickett, 5711 Linden Ave. N., spoke in favor of the park despite not having any young children. When she moved in,it was known where the park would be located.There are many children who would use it. Page 2 of 7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7,2014 Carolyn Cary, 5701 Linden Ave. N., spoke in favor of the park. Also claimed there are many children who would use it.Asserted the park location was always known. Sarah Braunhausen, 11727 58th St.N., spoke in favor of the park.She looks forward to using the park with her children. Teresa Silvernale, 11751 58,h St. N., spoke in favor of the park. Encouraged the city to move forward with the park. Britanni Prosser, 11784 56th St.N.,spoke in favor of the park.Wants the park installed as planned. MOTION: Council Member Bloyer moved TO INSTRUCT PUBLIC WORKS DEPARTMENT TO BEGIN PARK INSTALLATION IMMEDIATELY AND DIRECT STAFF TO DO ANYTHING THAT CAN BE DONE TO EXPEDITE THE PROCESS. Council Member Nelson seconded the motion. Council Member Smith related the historical planning of the park. She clarified where the original location was planned according to the development file. She also explained her understanding of what was meant by "upper area"or"down below."Ms.Smith was saddened that this issue divided the neighborhood. She wishes that the location option could have been explored further. Jan Sletten, 5734 Lily Ave. N., believes the pause was a great idea. She explained her interactions with the city officials and staff.She wishes that the neighborhood fighting had not taken place. Ben Backberg, 5693 Linden Ave. N., is disappointed in the council meeting behavior. He appreciates the city's efforts in addressing difficult situation.He looks forward to park. Michelle Chicken, 5711 Linden Ave. N., served on the first homeowners group. Current site was always where park was planned to go. Mayor Pearson is glad that the park will be going in and believes it is the best spot available. MOTION PASSED¢0-1(SMITH—ABSTAIN). ITEM 12:MASSAGE THERAPY LICENSE,PUBLIC HEARING City Clerk Bell explained reason for public hearing. All new licenses require a public hearing. The applicants passed the background check with no issues. MOTION. Council Member Reeves moved TO OPEN THE PUBLIC HEARING. Council Member Nelson seconded the motion. MOTIONPASSED 5-a PUBLICHEARING OPENAT 8.08 pm. No public comments. MOTION. Council Member Bloyer moved TO CLOSE THE PUBLIC HEARING. Council Member Reeves seconded the motion. MOTION PASSED 5--a PUBLIC HEARING CLOSED AT 8.08 pm. MOTION. Mayor Pearson moved TO APPROVE MASSAGE THERAPY PREMISE LICENSE FOR NIRVANA MASSAGE AND SPA, LLC, AND A MASSAGE THERAPIST LICENSE TO YUANFENLIUAS PRESENTED. Council Member Bloyerseconded the motion. Council Member Reeves asked about the location and whether there have been any past issues with applicant. The business location was explained and there have been no past issues. MOTIONPASSED 5-a ITEM 13: 2015 STREET AND UTILITY IMPROVEMENTS — APPROVE FEASIBILITY REPORT AND ORDER PUBLIC HEARING,RES.NO.2014-80 Assistant City Engineer Stempski presented the feasibility report and the various options for each area. The project covers three neighborhoods:Bordners Garner Farmettes,Kenridge Addtion,and Kelvin Avenue. Council Member Smith left the room at 8:15 pm. Page 3 of 7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Increased shouldering was discussed as an alternate option as opposed to curb. The total estimated streets and watermain costs and respective shares were explained for each area, as well as the proposed assessments for each.Mr. Stempski also described the average age of the roads. As part of the Kenridge Addition improvements, upgrading the watermain size to provide fire service is suggested. Why the initial water line was not oversized to provide fire service was explained. It was initially part of a county project. Unfortunately the city does not possess detailed records on the initial project. Mr. Stempski presented the staff recommendations and requested council receive the feasibility report and call a public hearing. Geri Briheim, 8415 38th St. N., Bordner's Garner Farmettes asserted that the natural drainage has been impacted. She is concerned about paying for the storm sewer but not getting sanitary sewer. Ms.Breheim was also concerned about the street thickness. Council Member Smith returned at 9.00 pm. The drainage situation was further explained.The installation of a watermain in a non-service designated area was discussed. Ray Strege (and wife Glenda) 8808 361" St N., spoke in opposition to the Kenridge Addition project. He is concerned that the feasibility report did not contain a low pavement subdrain free alternative. Mr. Strege summarized frost damage. Mr. Strege also asserted that garbage truck traffic had the most impact on the streets. The past flooding issues in the neighborhood were described. He asked that council not hold the public hearing if project will not be done until 2017. Dave Moore, 8680 Stillwater Blvd., spoke on the life expectancy of the new street. Mr. Stempski stated that the goal is to have a 40 year street with the proper maintenance. Mr. Moore explained that if the subdrain system was eliminated as Mr. Strege argued for, the life expectancy would be drastically shortened. It was noted that geotechnical tests were conducted. Mayor Pearson requested a point ofprivilege at 9.•20pm.Meeting reconvened at 9.27pm. City Administrator Zuleger explained the expenses that the city will incur with the infrastructure and redevelopment of downtown.The county moved up its Lake Elmo Ave. so that project will take up much of the city's borrowing capacity. Council discussed postponing the public hearing and the impact on the feasibility study. The feasibility study is valid for six months.In order to call a public hearing after that time,the study would need to be updated. MOTION. Council Member Smith moved TO RESOLUTION 2014-80, RECEIVING THE FEASIBILITYREPORTT, Council Member&dyer seconded the motion. MOTION PASSED 5-0. ITEM 14: HAMMES ESTATES FINAL PLAT,RES.NO.2014-81 Community Development Director Klatt provided summary of the proposed final plat by Hammes West LLC. Planning Commission approved unanimously with 16 conditions of approval. Critical issues include engineering concerns, DNR shore land compliance, Goose Lake Park design, and soil contamination remediation. Density for development is 2.4. There are no variances requested. Costs of Goose Lake improvements were explained. Brian McGoldrick, Hammes West,LLC, spoke about how the proposal did not try to fit in as many lots as possible. They really tried to focus on quality instead of quantity. They tried to be sensitive and respectful to Stonegate residents. He stated that staff is not easy on the developers. Staff has been very diligent and hardworking.The price point is in the range of low$400K to mid$800K. Council Member Reeves asked about the construction hours violations.Mr. McGoldrick apologized and said it would not happen again.Mr.Reeves stated he appreciated the efforts in compliance. It was explained that Ryland Homes was a major stakeholder in 70 of the lots, but the remaining lots were reserved for custom builders. MOTION. Council Member Reeves moved TO ADOPT RESOLUTION NO.2014-81,APPROVING THE FINAL PLAT FOR HAMMES ESTATES WITH THE PROPOSED AMENDMENT TO CONDITION#13.Council Member Nelson seconded the motion. Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 City attorney Snyder noted that the final plat approval is contingent upon legal changes being completed. Council Member Reeves noted that it was appreciated that the lower density was proposed.The home values and were discussed and that they Council Member Smith asked Counsel if she could now vote for the final plat having voted against preliminary plat. Mr. Snyder explained that it was her personal decision. Ms. Smith explained how she was pleased with much of the proposal,but could not vote in favor of approval due to the reduction of the buffer to 100 feet. She wanted to stay consistent with previous vote. MOTION PASSED 4-1(SMITH—NA1). ITEM 15: HAMMES ESTATES DEVELOPER'S AGREEMENT; RES. NO.2014-82 Community Development Director Klatt provided summary of the proposed developer agreement. The developer did not have any objections. Council Member Bloyer asked for the project security to be further explained. Mr. Klatt explained that the security is broken down for each improvement plus 25%. If the developer does not complete the development, the city is then entitled to use those funds to complete the development. Any reductions in the security require developers to meet specific criteria and progress benchmarks. The amount of escrow used for planning is approximately $18,000. It was noted that the taxpayer is not expected to pay for any of the development other than utility over-sizing the city chooses to do. MOTION, Council Member Nelson moved TO ADOPT RESOLUTION 2014-82, APPROVING THE DEVELOPER'S AGREEMENT FOR HAMMES ESTATES 1ST ADDITION. Council Member Reeves seconded the motion. Council Member Nelson noted the City is doing the right thing to protect the residents. MOTION PASSED 5-0 ITEM 16: HUNTER'S CROSSING DEVELOPER'S AGREEMENT; RES.NO.2014-83 Community Development Director Klatt provided summary of the proposed developer agreement. The agreement updates were presented. Sections 22 (park fees), 25 (street light fee), 28 ((d) city payment of $32,324.000 for over-sizing watermain; (c) indemnification), 35 (construction costs), 36 (security reduction), and 37 (park dedication and street lighting fee added to city payments list). Council Member Smith asked that the final agreement be sent to council after the updates are completed. Council Member Reeves asked about buffering. Mr. Klatt said that there have been discussions with the affected property owner. MOTION. Council Member Nelson moved TO ADOPT RESOLUTION 2014-83, APPROVING THE DEVELOPER'S AGREEMENT FOR HUNTERS CROSSING WITH THE CHANGES AS PRESENTED BY STAFF AND HAVING DEVELOPER PAY FULL WACS UPFRONT WITH BALANCE AT COMPLETION OF PROJECT. Council Member seconded the motion. MOTION PASSED 5--0 City Administrator Zuleger noted that staff has enjoyed working with the developers. ITEM 17: SAVONA 1ST AND 2HD ADDITION ASSESSMENT REALLOCATION Community Development Director Klatt presented. Zuleger noted that the reallocation of the assessments, the assessments may be paid sooner than the 15 year assessment. The benefits of reallocating it to the platted lots versus at final plat were discussed. That would allow the City to pay down debt sooner. Staff stated that they found many communities commonly do it this way. City Attorney Snyder said he is more familiar with the assessment at final plat. Council Member Smith concerned about a downturn in market posing potential problems. Page 5 of 7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Mr. Klatt explained the proposed reallocations for each parcel. It was also explained that because of the already approved assessment agreements, these specific assessments will be reallocated regardless of council action. Finance Director Bendel noted that the reallocation only affects the remaining 14 years of assessment as the first year is already paid. Council Member Reeves asked for further clarification as to what the benefit is to the city. Mr. Klatt explained again that the first addition already has an assessment agreement. By requiring the payments up front,there is a risk of reluctance by developers to bring forward a final plat due to large payment due. Mayor Pearson noted that the development at Rockpoint Church may have produced at least some payments instead of nothing at this point.The council discussed the pros and cons of the assessment timing. MOTION.- Council Member Nelson moved TO DENY THE REALLOCATION OF ASSESSMENTS AGAINST CERTAIN LOTS WITHIN THE SECTION 34 UTILITY PROJECT AREA AS FURTHER DESCRIBED IN EXHIBIT'%"AS ATTACHED TO THE STAFF REPORT. Counal Member Smith seconded the motion. Council Member Nelson is in favor of assessing at final plat in order to 1) set the precedent for other developments, and 2) protect the taxpayers up front. Mr. Klatt explained that the developer brought this request forward. Council consensus direction is to collect at final plat. Mayor Pearson would prefer to table this issue and come back with more information. MOTIONPASSED 4-1(, EA.RSON—NA19. ITEM 9:VOLLEYBALL COURTS AT PEBBLE PARK MOTION. Counal Member Bloyer moved TO DENY THE EXPENDITURE OF NO MORE THAN $28,000 IN PARKLAND DEDICATION FUNDS FOR THE PURCHASE AND CONSTRUCTION OFA VOLLEYBALL COURT IN PEBBLE PARK Counal Member Smith seconded the motion. Council Member Bloyer explained why he is opposed to the proposal. He does not believe the location is proper or that the demand justifies the improvement. City Administrator Zuleger noted the increase in area volleyball activity and the benefits of sand courts being used. Staff also expects the cost to be lower due to in-house and volunteer help on installation,as well as less expensive sand. Council Member Smith thinks the courts should be located downtown and near local businesses. Council Member Nelson wants the courts in or near the expanded Reid Park. He also does not see the demand. Council Member Reeves supports the request. Parks Commission has fully vetted this issue.The Commission is concerned about downtown due to space and use limitations and uncertainty. The Commission is also looking for alternative recreational opportunities for youth. Mr. Bloyer asked about the status of the Sunfish Lake Park task force. It was explained that the task force is not as far as it wishes in part to the land trust limitations. Mayor Pearson is supportive of the addition of courts,but is concerned about the cost and location. MOTION PASSED 4-1(REEVES—NA19 STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: Planning Commission is having workshop on 10/13/2014 to discuss density; on 10/14/2014, City will be holding a downtown summit/workshop; on 11/6 area prayer breakfast is being held at Prom Center. City Attorney Snyder. no update Page 6 of 7 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7,2014 Community Development Director Klatt: Planning staff attended State Planning Conference; Mr. Zuleger explained Humphrey Institute solicited nomination on local government innovation award for City's development practices. City Engineer: 2014 street improvements are wrapping up. Finance Director Bendel: working on collecting assessments, statistical reports, 2015 budget, and cash flow model for sewer. City Clerk Bell: no report. Mayor Pearson adjourned meeting at 11.16 pm. LAKE ELMO CITY COUNCIL ATTEST: Mike Pearson,Mayor Adam R.Bell, City Clerk Page 7 of 7 TI IE CITY 01' LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM# 2 AGENDA ITEM: Approve Disbursements in the amount of$1,777,936.18 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor & City Council Action on Motion..................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $1,777,936.18 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$1,777,936.18. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA --page 1 -- City Council Meeting [Consent Agenda Item 2] October 21,2014 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. 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 $ 12,143.41 Payroll Taxes to IRS & MN Dept of Revenue 10/16/14 ACH $ 5,972.90 Payroll Retirement to PERA 10/16/14 DD5811-DD5860 $ 34,490.05 Payroll Dated (Direct Deposits) 10/16/14 41938 $ 500.00 Accounts Payable 10/14/14 41939-42005 $ 1,724,469.82 Accounts Payable 10/21/14 2496-2501 $ 360.00 Library Card Reimbursement 10/21/14 TOTAL $ 1,777,936.18 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $1,777,936.18. ATTACHMENTS: 1. Accounts Payable—check registers --page 2-- d G O O G C O O C ho O O O C C O O O O a a O a v 0 u z z z z z z z z 0 a a a F h F-� C cc D C U R. 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C •• 7 N r a3 N cc rq co G W � v ] rn o 't c o Jo O •° o NNN CY �+ N Y N 0.14 p rn c°io a°io � rn � rn a"ic oyi -� cv cc� ^_ c`+ O t _ cN N N N N N W N .0 N N E V G `v, En a; W o, W a, W C.± c �' a o. �' < E a o c o 0 0 0 c 0 0 ° V- r• o E q v IT IT5 v a a o c o0 0 0 0 o c c_ M, It 7 u .--, c a M O` M N o V o C Ci N NO N 'Ma' N O N N .eh� M M r, Mom• F' O 1 O C 7 U O` Q` C, M — M M M I-f,^ M N M — W �' — � — (_•C C P C O` O O, O a, O O, O ¢ O` O °, O CD �O O — o N O C`: N N — N �O N — Q \ � * % $ @ \ / Q # 0 @ � ¥ $ ` , y � k � « ¥ } 6 � k k « t % @ % % @ ƒ 0 \ � � \ � f ¥ ƒ % - 0 $ A » 4 � 0 �C4 ƒ THE CITY OF LAKE ELMO City of Lake Elmo 2014 Third Quarter Financial Snapshot Snapshot is a quarterly report produced by the Administration of Lake Elmo to summarize the current financial condition of the City of Lake Elmo. The purpose of Snapshot is to report current financial performance metrics of the Lake Elmo for the City Council and the broader public as whole; and to provide specific analysis in key areas of operation and growth. Council and the broader public are encouraged to review the more specific monthly financial reports provided by the Finance Committee for a detail of individual revenues and expenditures. Financial Security — The City of Lake Elmo has an undesignated fund balance of$4,655,093 at the end of Q3 in 2014 vs. a balance of$4,173,217 at the end of Q3 in 2013. Approximately$725,000 of this balance is for the payment of the new fire truck which has yet to be purchased —however, the truck has been amortized over 10 years with an annual budget impact of$74,000 of debt service. Thus the rainy day fund has been reduced by$240,000 ($3,930,093 or 116%of the annual operating budget), but continues to be well above the 50% required by the City's adopted financial policy and almost 3X of what is reasonably required by the rating agencies. In addition, the City's debt service is $114,000 larger at the end of Q3 2014 than in Q3 of 2013. This is due to the close monitoring of project expenditures, which result in the cost savings being moved to the related debt service accounts upon project close out. 2014 Budget Performance To Date The City of Lake Elmo has collected .13% in additional revenue than budgeted to date at 2n�ll $1,837,677.85 with increases seen in the area of fiscal disparities ($90,444.17), Building Permits ($31,679.58), and Plan Check Fees ($32,273.73). It is anticipated that the City will exceed its non ad valorem tax budgeted revenue by upwards of 8%. On the expense, side government operations are at $2,076,595 or roughly 1.02% over budget IGwith planned increases in the public safety (+1.35%) and public works departments (+5.2%). Administration was under budget by .74% and Parks was under budget by 2.44%. With a second ad valorem tax payment due and project work wrapping up, expectations are that the City will come in $45,000 to $50,000 under budget based on a predicted unseasonably warm November. (Note this is after repaying the final amount owed on the internal loan) Variable Costs In 2014,the City concentrated on controlling variable costs in three main areas: insurances, legal fees and engineering (with cost recovery via escrow and development agreements). Insurance — Health Insurance costs remained stable due to a 0% premium increase in 2014 — while Dental insurance increased by the annual 4% cost of living increase (same increase for the — last three years). The increase in costs from 2013 to 2014 represents the increase due to staffing increases budgeted to handle the planned growth in 2014. The City is expected to receive a reduction in premiums of 2.5% in 2015 due to a third year of reduced utilization of health services by staff. (Note: a quick survey of area governments show a range of increases in health insurance between 8-17%). The City's worker comp premium has remained flat as it continues to lower its modification rating well below 1.0 (.68) and general liability insurance is 23% lower year to date. Legal Fees—With the exception of general legal work, the City has remained unencumbered by litigation in 2014. With 75% of the year complete,the City has only expended 47.6%of its budgeted funds for legal services at$28,561 dollars—a five year low. Engineering Services—The adoption of the escrow agreements and the shifting of engineering costs into assessable projects have taken the engineering burden off of the general fund and placed it on the end users. Engineering services are down in the Planning & Zoning function (3.56%- $10,291), but is up in the Building Inspection and Public Works function by$4,158 for a net savings $6,133. Utilities Stabilizing the utility funds has also been a priority in 2014 as the City prepares to serve two distinct water / sewer districts. The Water fund is at a balance of $1,460,449 (which includes $302,000 of water access charges as of 9/30/2014). The City has secured $1.455 million in advanced water payments to extend the Lake Elmo water main to the 194 corridor. In addition, the City will be collecting $3.5 million in state bonding for the Inwood water main project that should allow for additional WAC revenue which can result in a reduction of water rates. The sewer fund balance was at a $38,682 deficit at this time last year due to the City cost sharing some of the expense on the Olson Lake Trail sewer project. The balance now stands at $1,057,011 with the majority of the funds representing CIP borrowing proceeds, and $252,000 in collected sewer access charges. In addition, the City of Lake Elmo has reduced the number of storm water utility fee appeals from 42 in 2012 to 1 in 2014 and has stabilized the storm water account at a four year high of$350,884 as the City prepares to comply with its MS4 storm water permit. All utility funds are segregated and expenses are more accurately reported than they had been in the past. Library Fund The City of Lake Elmo Public Library is in its third of its existence which has allowed for a clear picture of the cost of doing business. Currently, the library has a fund balance of $110,798. Through Q3 of 2014, operating expenses were down $30,187 in 2014, but the additional of a full time librarian will cause expenses to normalize. The City continues to work with Washington County on the streamlining of card reimbursement for Lake Elmo residents. Parkland Dedication The Parkland Dedication Fund is as healthy as ever, beginning the year with a fund balance of $891,058.54 and ending Q3 of 2014 at $859,761.59 — while spending $259,803 on new park equipment for two parks, new maintenance equipment and new signs. Currently there is an $80,000 cost sharing obligation due to the Stillwater Joint School District for a tennis court project at Oakland Junior High School — reducing the de facto balance to$779,761.59 The Business of Growth To date the City has issued 20 new home building permits at a value of $11,951,684 at an average home value of$597,584. This is 8 homes less than in 2013 total but only approximately $60,000 less in overall value ($12,578,294). This is primarily the result of two large commercial projects that are well under way in the 1-94 corridor which were not budgeted for in 2014. Also, it is expected that Lennar will be delivering 15-20 new home permits before the end of the year and that both Ryland and Hammes will submit 4-6 each as well. The City of Lake Elmo, MN continues to perform strong financially in the midst of the challenges ,el of new growth and the installation of critical infrastructure. To date (adjusted from the 913012014 noted in the utility section above)—the City has collected $455,000 in water access charges, $318,000 in sewer access charges, and $258,507 in parkland dedication funds due to growth.The total growth-related fees which have been collected equal $1,031,560 YTD and it is anticipated that an additional $350,000 of WACS& SACS will be received before year end. Growth Paying for Growth To offset the cost to the taxpayers of new growth, the City has employed escrow agreements and developer agreements to cover review cost for the Community Development Department, Contract Engineering, Legal Services and other contract services needed to review plans for growth. To date, the City has collected $161,500 at the end of Q3 2013 from 10 development projects to offset review costs. In addition, the City has secured agreements via grants easements / developer's agreements from new growth to build 5th Street—totaling over $6.5 million —through Section 34 and east of Lake Elmo Avenue. In Q3, the City of Lake Elmo was able to secure waiver of assessment appeals and the necessary easement for 80% developer/ land owner security for the 39th Street / Eastern Sewer Line. The oversizing of the water main associated with this projected is expected to save the City $1.7 million as it eliminated the need for a water tower and the eastern sewer line will reduce current homeowners cost to install sewer in the Old Village. No Mitigating Risk Risk E:q Hare Analysis by the Community Development Department notes that the elimination of the MOU with the Met Council removed the risk of$1.5 million in wastewater inefficiency fees mandated by the agreement and potentially$4.5 million over the life of the MOU. r; Cash Flow on Downtown Borrowing The City of Lake Elmo has worked out a 4-5 year interest free financing plan for the 2015-2016 reconstruction of Lake Elmo Avenue and the County will assume more of the storm water costs due to the positive impact on both CSAH 17 and Highway 5. In addition, the City will working with the Valley Branch Watershed District to obtain grant funded for storm water reuse as it pertains to the down town drainage plan. Grant in Aid Funding The City continues to explore grant funding opportunities in the following areas: �. �. Washington County Gateway Planning Grant East Metro Strong Economic Development Grant, Xcel Economic Development Grant for Burying Utilities, USDA RDA Septic Conversion Funding for Old Village homeowners. THE CITY of LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM #3 MOTION AGENDA ITEM: September 2014 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Finance Committee SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the September 2014 Financial Reporting Packet. 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 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 the comparative financial statements for the month of September 2014 reflecting the monthly and year to date detail, comparing the actual results to the 2014 Budget. --page 1 -- City Council Meeting [Consent Agenda Item 5] October 21,2014 GENERAL FUND: The most significant budget to actual variances are highlighted below: Revenues: • Building Permit revenue for the month was 126% above budget bringing the year to date results to 25% better than budget. This was primarily due to two large commercial projects which were permitted in September and not included in the 2014 budget. There were three new home starts in September bringing the year to date new home starts to 20 compared to 28 in 2013 and 25 in 2012. Although fewer homes, the valuation amount to date is very close to 2013 due to the average home values being greater than the values used to estimate revenues in the 2014 budget. In addition, two new commercial building permits were issued in September at a combined value of$4.2M. • State fire aid monies were budgeted to be received in September as in prior years, however the funds were not received until early October resulting in the budget variance. • Zoning and subdivision fees are above budget for the month due to the budget assuming there would be very few zoning exceptions requested. In September there was a developer exception requested resulting in revenue for the month being slightly above budget and being$14.6k ahead of budget on a year to date basis. • Plan check fees for the month are 218%better than budget and the year to date results are 51%better than budget as a result of the commercial activity mentioned previously which was on included in the 2014 budget. Expenses: Most departments were at or below budget for the month due to the on-going diligent management of expenditures to the bottom line. A few items to note: • Administration — General administration legal expenses continue to be under budget for the month by$3k resulting at year to date expenses being $16.4k below budget. This is a result of minimal litigation activity, the majority of the legal expenses being recoverable through developer offset of escrows, as well as utilization of our City Clerk where possible to assist to save costs. In addition, as mentioned last month, a temporary employee was utilized to cover the front desk in the absence of the full-time employee. The impact for this is reflected both in the salaries being less than budgeted and offset by the contract services expenses being greater than budget since this was not budgeted in contract services expense. • Fire — Repairs and maintenance of equipment for the month was $15.2k greater than budget for the month. This is primarily due to the annual equipment inspections being budgeted to be spread out throughout the year and they were all completed in September. On a year to date basis these expenses are $35.7k greater than budget which also includes the unforeseen emergency repair of the ladder truck approved by the City Council in addition to various other smaller equipment repairs necessary due to the age of the City Fleet. --page 2-- City Council Meeting [Consent Agenda Item S] October 21,2014 • Public Works—The part time salaries are $3k higher than budget for the month due to all salaries being budgeted in the full time salary line item. On a year to date basis, the sum of the two salary expense lines are above budget due to the extra costs for snow removal as well as the summer focus on street repairs. • Building Inspection— Inspector contract services are slightly above budget for the month due to support being needed due to the two large commercial projects which began in September. • Public Works — Engineering support services for the month were higher than budgeted due to right of way work being needed primarily due to development and project related activity. These costs are recovered through the fees charged to the vendors. • Streets — The street maintenance contract services expenses are higher than budgeted for the month by $3k due to Washington County billing the City for street striping services. On a year to date basis the contract services expense is $16k above budget due to the following expenses incurred which were not budgeted for — spray patcher ($9k), curbs in Tapestry development ($4k) and the WA Cty street striping($3k). LIBRARY FUND: Revenues: • Rental income is slightly below budget for the month due to one of the renters paying their rent for September in early October. On a year to date basis, the rental income is slightly below budget due to the library deciding to no longer rent out one of the previous rental offices due to needing the space. Expenses: • Library Collection Maintenance (books, dvd's and other library service items) is above budget for the month and year to date based on an active push to expand resource materials at the library for patron use. • Information Technology costs were budget in September but nothing was spent. This is merely a timing issue between when budgeted and when paid. • Repairs and maintenance-building is above budget on a year to date basis due to the roof repairs being necessary and completed in the summer months. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached September Financial Report. ATTACHMENT: 1. 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O �' < �� _, 0. ov:NGG E •� 0.6 a:o�` _ � & �,.7.`�.t 3 � ° � F c F < c C v� �a�i2 � v:�i u+F1'.3 v�F�9:+a c�L c'o!KC� �n ❑ ❑ F O C% Z s W E 4 � �N z 5 JS _ � o s iOO� aa{{ w q� 8`288^ OO VN Nh SPS�!HP W< OoSg§7 .OOPOTgSSv�HHH$ v� r�i ogg�-n Hav�aHH g Bi�8$m.Ni,�g�.Pnnogga5'i$$$nH g$$ P b coo ovmir��no��m�&�n�ivvo�.io„oc�� Q o p p VOi O O g S vOi O P H H r h H P S O O S g P O S S S O T Q O s O O P g S S S S S H S S F N vmNoocs &wag.oe�v�,=�u�n'` oAc . c;g-Z 5gmggddddddy$ _ �+ 0 JC VVVV�� 888888 8�h h$$$$°�P$S<W888��8888H8888885� �° m Q p p m fR. xb xS b �j O C g O s v66g H �en uuMnv� g og m c a Ems '" EE �� ed ��' D340:'2 's��-u• a`f�aa� Am'o :8u°sF ? 4 w THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM 4 AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Kyle Klatt, Planning Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................. City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff..............................................Mayor Facilitates - Call for Motion............................................................... Mayor& City Council - Discussion....................................................................... Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report for through September, 2014. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2014 2013 2012 New Homes 20 28 24 Total valuation $11,951,684 $12,578,294 $10,966,112 Average home value 597,584 449,224 456,921 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the September, 2014 monthly new home building permit report. --page 1 -- CITY OF LAKE ELMO Valuation Report-Summary Issued Date From l/1/'013To:9/30/2013 Permit Type: All Property Type: All o uef i ype: All Include YTD: Yes Permit Kind Permit Valuation Dwell Count Units Permit Type: BUILDING COMMERCIAL ALTERATION 3 $698,000.00 0 COMMERCIAL REMODEL 1 $13,000.00 0 COMMERCIAL SIGN 1 $500.00 0 COMMERCIAL VALUATION OTHER 1 $52,000.00 0 PUBLIC ALTERATION 2 $16,500.00 0 SINGLE FAMILY ACCESSORY BUILDING 13 $218,799.00 0 SINGLE FAMILY ADDITION I 1 $96,000.00 0 SINGLE FAMILY ALTERATION 20 $598,529.00 0 SINGLE FAMILY BASEMENT FINISH 14 $254,147.00 0 SINGLE FAMILY DECK 18 $265,556.00 0 SINGLE FAMILY DOOR 5 $19,371.00 0 SINGLE FAMILY NEW CONSTRUCTION 28 $12,578,294.00 0 SINGLE FAMILY OTHER FIXED 1 $9,500.00 0 SINGLE FAMILY POOL 9 $219,300.00 0 SINGLE FAMILY REMODEL 6 $132,500.00 0 SINGLE FAMILY REPLACE/REPAIR 4 $22,726.00 0 SINGLE FAMILY VALUATION OTHER 2 $30,928.00 0 SINGLE FAMILY WINDOWS 19 $185,841.82 0 Permit Type: BUILDING -Total Period 150 $15,411,491.82 0 YTD ISO $15,411,491.82 0 Permit Type:PLUMBING SINGLE FAMILY INSTALL —�� g� 0 Permit Type: PLUMBING -Total //Period 1 $5,000.00 0 YTD 1 $5,000.00 0 Report Total: Period 151 $15,416,491.82 0 YTD 151 $15,416,491.82 0 10/15/2014 Page 1 of 1 CITY OF LAKE ELMO Valuation Report_:Summary_ Issued Date Fro : i/1/2014 To:9/30/2014 Permit Type: All Property Type: All Construction Type: All Include YTD: Yes Permit Kind Permit Valuation Dwell Count Units Permit Type:BUILDING COMMERCIAL ACCESSORY BUILDING 1 S21,605.00 0 COMMERCIAL ALTERATION 7 $500,500.00 0 COMMERCIAL NEW CONSTRUCTION 3 $5,603,652.00 0 COMMERCIAL REMODEL 3 $980,422.00 0 COMMERCIAL ROOFING l $128,246.00 0 COMMERCIAL SIDING 1 $20,000.00 0 COMMERCIAL SIGN 1 S8,928.00 0 COMMERCIAL TENNANT BUILDOUT 1 $20,250.00 0 MANUFACTURED HOME DOOR l $2,734.00 0 PUBLIC ROOFING 1 $5,000.00 0 SINGLE FAMILY ACCESSORY BUILDING 8 $114,307.00 0 SINGLE FAMILY ADDITION 11 $1,159,600.00 0 SINGLE FAMILY ALTERATION 9 $136,300.00 0 SINGLE FAMILY BASEMENT FINISH 12 S235,673.00 0 SINGLE FAMILY DECK 15 $115,645.00 0 SINGLE FAMILY DOOR 6 $27,675.00 0 SINGLE FAMILY DRAIN TILE WATERPROOFING 1 $2,950.00 0 SINGLE FAMILY FIRE/STORM DAMAGE 1 $20,712.92 0 SINGLE FAMILY FIREPLACE 1 $5,923.68 0 SINGLE FAMILY NEW CONSTRUCTION 20 $I 1,951,684.00 0 SINGLE FAMILY POOL 6 $99,000.00 0 SINGLE FAMILY REMODEL 9 $206,501.00 0 SINGLE FAMILY REPLACE/REPAIR 3 $14,500.00 0 SINGLE FAMILY SOLAR PANEL.INSTALL 1 $8,000.00 0 SINGLE FAMILY THREE SEASON PORCH 1 $20,000.00 0 SINGLE FAMILY WINDOWS 'r 20_.. -• v�199,397.00 0 Permit Type: BUILDING -Total PCriod 144 $21,609,205.60 0 YTD 144 $21,609,205.60 0 Report Total: Period 144 $21,609,205.60 0 YTD 144 $21,609,205.60 0 10/15/2014 Page 1 of 1 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM# 5 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Finance Committee SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................. City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff..............................................Mayor Facilitates - Call for Motion............................................................... Mayor& City Council - Discussion....................................................................... Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through September 2014 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORYBACKGROUND INFORMATION: Property splits/plats— 1 Sales collected and viewed— 16 Taxpayer inquiries—5 Miscellaneous inquiries - 12 Inspections—Residential—36; Commercial —0 Building permit reviews—55 Pictures taken— 18 Other work performed included: • Completed all quintile data entry • Monthly meeting with County residential and commercial supervisors --page 1 -- City Council Meeting [Consent Agenda Item S] October 21,2014 • Input of all inspection and permit work • Perform sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the September 2014 monthly assessor report. --page 2-- THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM# 6 AGENDA ITEM: Sunfish Lake Park Forest Stewardship/Management Plan SUBMITTED BY: Alyssa MacLeod, Taxpayer Relations & Communications Coordinator THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Mike Bouthilet, Public Works Superintendent SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Park Commission FISCAL IMPACT: $6,300 in parkland dedication funds SUMMARY AND ACTION REQUESTED: The City Council is respectfully being asked to consider the expenditure of no more than $6,300 to commission a Forest Stewardship and Management Plan for Sunfish Lake Park. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve the expenditure of$6,300 in parkland dedication funds to develop a Forest Stewardship and Management Plan for Sunfish Lake Park" BACKGROUND INFORMATION: The Lake Elmo Park Commission has requested that action be taken to address remaining storm damage, and long-term forest management in Sunfish Lake Park. As a park protected by the Minnesota Land Trust, a forest management plan must first be reviewed and approved by the Land Trust in writing before taking action, as outlined in Section 3.3 of the conservation --page 1 -- City Council Meeting [Consent Agenda Item 6] October 21,2014 easement. Members of city staff and the park commission met with certified forester, Steven Kunde, in May 2014, to discuss objectives. Kunde presented a comprehensive project proposal at a cost of$6,300 (attached). The plan includes: • A listing of long term goals. • Complete soils report. • Ecological Classification of the land and how the land fits into the MN Landscape level long term goals. • Identification of, and mapping of all major cover types present within the park. • Description of all major forest cover types, which includes species present, density, volume estimates, etc. • Invasive Specie identification and location of major problem areas and possible control strategies. • Management options for the major cover types identified, based upon the City's goals. These options could include some form of harvest, fuel reduction, hazard mitigation, actions needed to preserve various forest types, riparian area protection, erosion control, etc. • Management timeline which looks at long team management over the years to come. • Short term recommendations, to deal with the blow down problem combined with implementation of long term management options, to achieve an economically viable option to clean up the park. • Completion of the above listed bullet items along with meetings with the DNR and UofM participants. • Associated meetings, mileage and travel time Once complete and approved, next steps will be taken to implement the plan. RECOMMENDATION: The Park Commission recommends that the City Council approve the expenditure of$6,300 in parkland dedication funds to develop a forest stewardship and management plan for Sunfish Lake Park. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve the expenditure of$6,300 in parkland dedication funds to develop a Forest Stewardship and Management Plan for Sunfish Lake Park" ATTACHMENT: 1. Forest Stewardship/Management Plan Proposal --page 2-- May 23, 2014 Mr. Michael Bouthilet City of Lake Elmo 3800 Laverne Avenue North - Lake Elmo, Minnesota 55042 Public Works Director. Dear Mr. Bouthilet, Thank you for meeting with me at Sunfish Lake Park. It was enjoyable meeting with you and Mary Frick and looking at the park and the issues your facing. It seems there are two major categories of concern. First is the heavy storm damage which took place last year and the possible hazardous situation it presents to park users and also the fire danger it could represent in the future.Second is the long term forest management objectives in the park. A Forest Stewardship/Management plan will address the following items and also tie into the immediate need to clean up the wind damaged sites and hazardous conditions. Project Proposal. Forest Stewardship/Management plan work items. • A listing of long term goals. • Complete soils report. • Ecological Classification of the land and how the land fits into the MN Landscape level long term goals. • Identification of,and mapping of all major cover types present within the park. • Description of all major forest cover types,which includes species present,density,volume estimates,etc. • Invasive Specie identification and location of major problem areas and possible control strategies. • Management options for the major covertypes identified, based upon the City's goals.These options could include some form of harvest,fuel reduction, hazard mitigation,actions needed to preserve various forest types, riparian area protection,erosion control,etc. • Management timeline which looks at longterm management over the years to come. • Short term recommendations,to deal with the blow down problem combined with implementation of long term management options,to achieve an economically viable option to clean up the park. • Completion of the above listed bullet items along with meetings with the DNR and UofM participants. • Two municipal meetings (Park Board,Council). • Two meetings with bio-harvest contractors/loggers for site review and bid information. • Includes all mileage and travel time. My intent is to also meet with and seek impute from several DNR divisions or areas which would include fire management,waters,ecological services.This impute would help in the future should the City seek cost share funding for any future projects. I would also try to involve the UofM environmental studies area in the project also. Project Cost.........................................$6,300.00 Once the plan is written and accepted by the city there will be a need to meet with various logging or bio-harvest contractors to determine if they would like to bid (pay the City)to carry out the identified clean-up areas and selected harvest sites.This would require time from the Public Works Department to determine entry points, park closure, landing areas, etc. along with the various loggers or harvesters. Billing rate for additional meetings is$65/hr. including travel time as needed. Respectfully Submitted, Steven Kunde Society of American Foresters-Certified Forester. T}iG CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21,2014 CONSENT ITEM ## 7 AGENDA ITEM: 39`h Street North: Street and Sanitary Sewer Improvements—Pay Request No. 1 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Azenda): 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 for the 39th Street North: Street and Sanitary Sewer Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 1 to Geislinger& Sons Inc. in the amount of$357,116.40 for the 39`h Street North:Street and Sanitary Sewer Improvements': --page 1 -- City Council Meeting [Consent Agenda Item 7] October 21,2014 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Geislinger & Sons Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 1 in the amount of$357,116.40. 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 S 18,795.60. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 1 for the 39`h Street North: Street and Sanitary Sewer Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. I to Geislinger & Sons Inc. in the amount of$357,116.40, for the 3e Street North:Street and Sanitary Sewer Improvements". ATTACHMENT(S): 1. Partial Pay Estimate No. 1 --page 2-- PROJECT PAY FORM ® pc PARTIAL PAY ESTIMATE NO. 1 FOCUS ENGINEERING, inc. 39TH ST N:STREET AND SANITARY SEWER IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO.2014,1.31 FROM 9/1/2014 TO 9/30/2014 PROJECT OWNER: CONTRACTOR; CITY OF LAKE ELMO GEISLINGER&SONS,INC. 3800 LAVERNE AVENUE NORTH 511 CENTRAL AVE S,PO BOX 437 LAKE ELMO,MN 55042 WATKINS,MINNESOTA 55389 ATTN:JACK GRIFFIN,CITY ENGINEER ATTN.-GARY LUEBBEN,PROJECT MANAGER CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No, Approval Amount 1.Original Contract Amount $1,760,458.80 Date Additions Deductions 2. Net Change Order Sum $118,975.00 1 9/16/2014 $118,975.00 3. Revised Contract(1+2) $1,879,433,80 4. *Work Completed $375,912.00 5. *Stored Materials $0.00 6.Subtotal(4+5) $375,912,00 7. Retainage* 5.0% $18,795.60 8. Previous Payments $0.00 TOTALS $118,975.00 $0.00 9.Amount Due(6-7-8) $357,116.40 NET CHANGE $118,975.00 " u � *Detailed Breakdown Attached CONTRACT TI ME START DATE: 9/2/2014 ORIGINAL DAYS 276 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/31/2014 REVISED DAYS 0 YES FX FINAL COMPLETION: 6/5/2015 REMAINING 248 NO ENGINEER'S CERTIFICATION: FOCUS Engineering,inc. The undersigned certifies that the work has been reviewed and to the C 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. 10/10/2014 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. 1 39TH ST N:STREET AND SANITARY SEWER IMPROVEMENTS FOCUS ENGINEERING, inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2014.131 CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY REM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PART 1-SANITARY SEWER 1 8"PVC SANITARY SEWER,SDR 26,20'-25'DIE EP LF 62 $125.00 $7,750.00 118.00 $14,750.00 118.00 $14.750.00 2 ID"PVC SANITARY SEWE R,SDR 26,15'-2010EEP LF 1,025 $R7-00 $89,175.00 86&00 $75516.00 868.00 $75,516-00 3 30'PVC SANITARY SEWER,SDR 26,20'-25'DEEP OF 315 $89.00 $28,035.00 294 $25,276.00 284 $25,276.00 4 12"PVC SANITARY SEWER,SDR 26,IS'-20'DEEP LF 500 $92.00 $46,000.00 495 $45,540.00 495 $45,540.00 5 12"PVC SANITARY SEWER,SDR 26,20'-25'DEEP LF 630 $94.00 $59,220.00 459 546,906-DO 499 $46,906.00 6 10"PVC SANITARY SEWER,SDR 26,IN CASING LF 100 $40.00 $4,000.00 0 50.0D 0 $O aD 7 12'PVC SANITARY SEWER.SDR 26.IN CASING LF 120 $45.00 $5,400,00 0 $0.00 0 50.00 8 20"STEEL CASING PIPE(JACK/AUGERED) LF 100 $525,00 $52,50000 0 50.00 0 $0.00 9 24"STEEL CASING PIPE(JACK/AUGERED) LF 120 $535.00 $64,200.00 0 $0.00 0 $0.00 10 PIPE FOUNDATION ROCK LF 1,400 $0.10 $140.00 0 $0.00 0 $two it TELEVISING LF 2,850 $2.00 $5,700.00 0 50.00 0 $O.OD 12 4'DIAMETER SANITARY SEWER MH [A 12 $3,000.00 $35,000,00 12 $36,0D0.00 12 $36,000.00 13 4'DIAMETER EXCESS MANHOLE DEPTH LF 140 $125.00 $17,50000 Ila $14,712.50 118 $14,712.50 14 10"X6"PVC WYE,SOR 26 EA 6 SAW= $2,400.00 6 $2,400.00 6 S2,400.00 15 12"X6"PVC WYE,SDR 26 EA 4 $460.00 $1,940.00 6 $2,760.00 6 $2,760.OD 16 6"PVC SCH 40 SANITARY SEWER RISER LF 85 $35.00 $2,975.00 0 50,00 0 $O.00 17 6"PVC SCHAD SANITARY SEWER SERVICE LF ADD $32.00 $12,900.00 0 $0-00 0 $0.0D 18 PRECAST CONCRETE JERSEY BARRIERS AT HIGHWAY 5 JACKING PITS LS 1 S4,50D.00 S4,500.00 1 54,500.00 1 $4,500.00 19 PRECAST CONCRETE JERSEY RARRIERS AT HIGHWAY 17 JACKING PUS LS 1 54,50D00 $4,500.o0 0 $0.00 0 S0.00 20 CROSS EXISTING WATER 5ERVICE EA 7 $450.00 $3,150.00 7 $3,150.00 7 $3,150 DID 21 EXPLORATORY DIGGING FIR 5 $500.00 S2,500.00 0 50.00 0 Sam SUBTOTAL-PARTI $450,295.00 $271,510.50 $271,510.50 PART 2-WATERMAIN 1 TEMPORARYWATER SYSTEM LS 1 $1,500.00 S1,500.00 1 S1,500.00 1 $1,500.00 2 CONNECT TO EXISTING 6"WATER MAIN EA 3 $900.00 $2,7DO.00 0 50,00 0 50.OD 3 CONNECT-TO EXISTING 8'WATER MAIN EA 1 $950.00 $950.00 0 $0.00 0 $0.00 4 CUT IN 8"X 8"TEE EA 1 $2,600.00 $2,600.00 0 $0.00 0 SO.L10 5 REMOVE AND DISPOSE OF EXISTING GATE VALVE&BOX EA 3 $1,500.00 54,500.00 0 $0.00 0 SDOO 6 REMOVE AND REPLACE 6"GATE VALVE&BOX EA 4 $3,400.00 $13,600.00 1 $3,400.00 1 $3,400.00 7 REMOVE AND REPLACE 8"GATE VALVE&BOX EA 11 53,900.00 $42,900.00 2 $7,800.00 2 $7,800.00 8 REMOVE AND DISPOSE OF EXISTING HYDRANT EA 5 $760.00 $3,80000 1 S760.00 1 5760,00 9 6"DIPCL 52 WATER MAIN IF 70 $A6.00 $3,220.00 0 $0,00 0 Sam 10 8"DIP CL 52 WATER MAIN IF 30 $53.00 $1,59000 0 $O,DD 0 Woo 11 6"GATE VALVE AND BOX EA 4 $1,450-00 $5,800.00 0 $0.00 0 S0.00 12 HYDRANT EA 5 $4,000.00 $20,000.00 1 SCOW 00 1 S4,000.00 13 VALVE BOX EXTENSION LF 2 $260.00 $520.00 0 $0-00 0 $0.00 14 HYDRANT EXTENSION LF 1 $600.00 5600.00 0 $000 0 $0,00 15 DUCTILE IRON FITTINGS LR 100 510.0D $1,000.00 0 $0.00 0 $0.00 SUBTOTAL-PART 2 $105,280.00 $17,460.00 517A60.00 PART 3-STORM SEWER 1 REMOVE AND DISPOSE OF EXISTING STORM SEWER LF 910 $10.00 $9,100,00 812 $8,120.00 812 $8,12000 2 REMOVE AND DISPOSE OF EXISTING STORM SEWER MANHOLE EA 8 SAW 00 $3,200.00 6 $2,A00.00 6 $2,400.00 3 POTHOLE EXISTING WATER MAIN EA 7 $450.00 $3,150.00 1 $450.00 1 545040 4 12"RCP STORM SEWER,CLASS 5 LF 70 54000 $2,800.00 0 $0.00 0 $0-00 5 IS"RCP STORM SEWER,CUSS 5 LF 891 $42.00 $37,412.00 0 $0-00 0 $0.00 6 18"RCP STORM SEWER,CLASS 5 LF 236 $45.00 $10.620,00 0 SO.DO 0 50.00 7 24"RCP STORM SEWER,CLASS 4 LF 369 $6200 $22,879.00 0 50.00 0 $0.00 8 12"RCP FLARED END SECTION INCLTRASH GUARD EA 2 $900.00 $1,800.00 0 $0.00 D S0.00 9 in'RCP FLARED END SECTION INCLTRASH GUARD EA 7 $1,050.00 $2,100,00 0 $0.00 0 $0-DO 10 24"RCP FLARED END SECTION INCL TRASH GUARD EA 1 $1,400.00 $1,400.00 0 50.00 0 $O.Do 11 RIP RAP,CUSS 3 CY 8 $115.00 $920.00 0 $000 0 $0.00 12 Z'X3'CATCH BASIN EA 3 $2,100-00 56,300.00 0 $0.00 0 $0.00 13 4'DIA CATCH BASIWMANHOLE EA 5 $2,500-00 $12,500.00 0 $0.00 0 $0.00 14 Y DIACATCH BASIN/MANHOLE EA 2 $3,600.00 $7,200.00 0 $0.00 0 $0.00 15 5'DIACATCH BASIN/MANHOLE W/SUMP EA 1 $4,350.00 $4,350.00 0 $0,00 0 $0.00 16 BULKHEAD 15"RCP STORM SEWER EA 1 $125,00 $125.00 0 $DOD 0 S0.00 17 BULKHEAD I8"RCP STORM SEWER EA 1 $150,00 $150.00 0 $O.Oo 0 $0.00 18 BULKHEAD 36"RCP STORM SEWER EA 1 $225.00 522500 0 SD.00 0 $0.00 19 INLET PROTECTION EA 12 $175.00 $7,1DO.00 3 S52S00 3 $525.00 20 INSULATION SY 30 $30.00 $90D.00 0 50.00 0 So.oO 21 POND EXCAVATION(P) CY 420 $10.00 $4,200.00 0 $0.00 0 $0.DD 22 INFILTRATION SWALE EXCAVATION(P) CY 675 $10.00 $6,750.00 0 $0-DID 0 $0.00 23 SEED MIX 330 AND HYDROMU LCH SY 1600 $2.75 $4,400.00 0 $0.00 0 50.00 SUBTOTAL-PARTS $144,590.00 $11,495.00 $11,495.00 PART 4-STREET IMPROVEMENTS 1 MOBILIZATION IS 1 $90,000.00 $90,000.00 1 $45,000.00 1 S45.000.00 2 TRAFFIC CONTROL IS 1 $9,000.00 $9,000.00 1 $4,500.00 1 54,500-DO CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 3 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 3 $1,200,00 $3,600.00 1 $6WOO 1 $60000 4 CLEAR AND GRUBTREES AND BRUSH LS I S4,500.00 54,50000 0 $0.00 0 SO.OD 5 TEMPORARY ACCESS GRADING LS 1 $2,00000 $2,000.00 1 $2,ODO.00 1 52,000-00 6 TEMPORARY ACCESS AGGREGATE BASE CLASS TN 60 $3000 $1,8D0.00 60 $1,800.0o 60 $1,800-00 7 TEMPORARY ACCESS MAINTENANCE HR 10 $125.00 $1,250.00 0 $0.00 0 $0.00 8 REMOVE TEMPORARY ACCESS LS L $1,500.00 $1500.00 0 50-00 0 SO.00 9 REMOVE AND DISPOSE OF EXISTING CONCRETE CURBAND GUTTER LF 290 $6.00 $1,740.00 200 $1,IOE1.00 200 $1,20D.00 ID REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SY 9160 $2.00 $18,320.00 9,487 $18,974.00 9,487 $18,974OD 11 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT(DRIVEWA' SY 335 54-00 $1,34000 300 $1,200.00 300 $1,200.00 12 REMOVE AND DISPOSE OF EXISTING LIGHT BASE EA 4 $300.00 $1,20000 0 $0.00 0 $0.00 13 SALVAGE AND REINSTALL SIGN EA 8 $20000 511600.00 0 $0.00 0 5000 14 SALVAGE AND REINSTALL MAIL DROPBOX EA 1 $250.00 $250.00 0 Saw 0 $0.00 15 SALVAGE AND REINSTALL RETAINING WALL LS 1 $7,500.00 $7,500.00 0 $0-00 0 S0.00 16 SAWCUT BITUMINOUS PAVEMENT LF 200 $3.00 $600.00 0 $0.D0 0 $0-DO 17 COMMON EXCAVATION IN CY 7750 $9.00 $69,750.00 0 $0.00 0 $0.00 18 SUBGRADE CORRECTION(EV) CY 340 512.00 S4,08000 0 $0.00 0 $0.00 19 SUBGRADE PREPARATION RS 24 $465.00 $11,318.10 0 $0.00 0 $0-00 10 4'PERFORATED PVC DRAIN TILE WITH AGGREGATE AND WRAP LF 1000 $12.00 $12,00000 0 $0-00 0 $O,UO 21 AGGREGATE BASE CLASS 5 TN 6390 $10.50 $66,990.00 0 S000 0 S000 22 SELECTGRANULAR BORROW IN CY 4090 $10.00 $40,900.00 0 Soon 0 $0.00 23 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,B)(SPWEA23OB TN 900 $66.50 $53,200.00 0 $0.00 0 $0.00 24 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE(2,B)(SPNN TN 1335 $57.75 $77,096-25 0 50-00 0 $0.00 25 BITUMINOUS MATERIALFOR TACKCOAT GAL 565 52OD $I,130.00 0 $0.00 0 $000 26 ADJUST MH CASTING-STEEL RING(2015) EA 12 $450.00 $5,400-00 0 50.00 0 $0,00 27 ADJUST VALVE BOX(2015) EA 20 $250.00 $5,000.00 0 $0.00 0 $0.00 28 8624 CONCRETE CURBAND GUTTER LF 4310 $10.77 $46.419.70 D $0.00 0 $0,00 29 13612 CONCRETE CURBAND GUTTER LF 105 $14,90 $1,554.00 0 $C.00 0 $000 30 CONCRETE PEDESTRIAN RAMP EA 12 $420.00 $5,040.00 0 50.00 0 S0 00 31 5"CONCRETE SIDEWALX SF 13110 $3.50 $45,985.00 0 $000 0 $0.00 32 8'COMMERCIAL CONCRETE DRIVEWAY PAVEMENT(HIGH EARLYI SY 340 $70.00 S23,800.00 0 $0.00 0 $000 33 6'CONCRETE FLUME SY 35 $50,00 $1,150.00 0 $0.00 0 $0.00 34 TRUNCATED DOME PANELS SF 168 $42.00 $7,056.00 0 $0.00 0 $000 35 BITUMINOUS DRIVEWAY PAVEMENT SY 105 $50.0D $5,250.00 0 $0.00 0 $D.OD 36 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE-TRAIL(2,61 ISPW TN 270 $65.00 $17550.00 0 $00U 0 50.00 37 SODDING SY 5000 $425 $21,250.00 0 Saw 0 $0,00 38 IMPORTANT)PLACE TOPSOIL BORROW(CV) CY SOO $35.00 $17,500.00 0 S0.00 0 Woo 39 SEED B EROSION CONTROL BLANKET SY 20DO $3.25 $6,5WOO 0 $n-00 0 $0.00 40 SEED&HYDROMULCH SY 5500 $2-15 $11,825.00 0 $0.00 0 SO.00 41 SILT FENCE,TYPE MACHINE SLICED LF 1000 $L95 $1,950.00 0 $0.00 0 $0,00 42 SILT FENCE,TYPE FLOATING LF 30 $2250 $675.00 0 $0.00 0 $0-00 43 DTCH CHECK-SIOROLL LF 200 $5.75 $1,150.00 30 $17I.50 30 $172.50 44 STREET SWEEPING HR 15 $125.00 $1,87500 0 $0.00 0 Saw 45 SIGN PANELS,TYPE C SF 6 $45.00 $281.25 0 $0.00 0 SOAO 46 4"DOUBLE SOLID YELLOW LINE,EPDXY LF 2270 $1.50 $3,405.00 0 $o.00 0 $0.00 47 4"SOLID WHITE LINE,EPDXY LF 110 $0.75 $82.50 0 $0.00 0 $0.00 48 RIGHT TURN ARROW,TAPE EA 1 $845.D0 $84500 0 $0.00 0 $().Do SUBTOTAL-PART4 $714,706.80 $75,446.50 $75.446.50 ALTERNATE NO.1-SANITARY SEWER SOUTH OF TH 5 I CLEAR AND GRUB TREES AND BRUSH LS 1 $4,000.00 $4,000,00 0 $0,00 D $0.00 2 REMOVE AND DISPOSE OF EXISTING STORM SEWER LF 20 $10.00 $20000 0 $0.00 0 SO.00 3 PATCH GRAVEL DRIVEWAY TN 200 52D 00 $4,000.00 0 $0.00 0 S0.00 4 IS'CMP DRIVEWAY CULVERT LF 20 S45.00 $900.00 D $0.00 0 50.00 5 18'CMP FLARED END SECTION EA 2 $490.00 $960.00 0 SO.00 0 $0OD 6 15"PVCSANRARYSEWER,SOR26,15'-20'DEEP LF 625 $94.00 $58,750.00 0 Sono 0 $0.00 7 15'PVCSANITARYSEWER,SOR26,20' 25-DEEP LF 1255 $96.00 $120,480.00 0 $0.00 0 $0.00 e 34-PVCSANITARYSEWENCSO5 DR25,IN CASING LF 164 $40-00 $6,560.00 0 $0.00 0 $0.00 9 14"PVCSANRARYSEWER,C905 UR25,20'-25'DEEP LF 20 $76.DO $1,520.00 0 Sono 0 $000 10 28'STEEL CASING PIPE(JACK/AUGERED) LF 164 $565.00 $92,660.00 0 50.00 0 $0-00 11 PIPE FOUNDATIDN ROCK LF 1000 $0.01 $10,00 0 $0,00 0 $000 12 TELEVLSING LF 2061 $2.00 $4,12ZOD 0 $0,00 0 $0.00 13 4'DIAMETER SANITARY SEWER MH EA 8 $3,ZOO.00 525,600-00 0 Sam 0 50OD 14 4'DIAMETER EXCESS MANHOLE DEPTN LF 115 $125,00 $14,375.00 0 $0.00 0 $0.00 15 SOIL DECOMPACTION AC 5 $1,20000 $6,000.00 0 $000 0 $000 16 SILT FENCE,TYPE MACHINE SLICED LF 300 $2.95 $585.00 0 $0.00 0 $0-00 17 SEED AND BLANKET SY 1500 $3 25 $4,875.00 0 $0-00 0 So.00 SUBTOTAL ALTERNATE NO.1 5345,597.00 S0.00 $0.00 TOTALS $1,160,458.80 $375,912.00 $375,912.00 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM # 8 AGENDA ITEM: 2014 Street Improvements—Pay Request No. 3 SUBMITTED BY: Ryan Stempski, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Pay Request No. 3 for the 2014 Street Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 3 to Hardrives, Inc. in the amount of$669,656.32,for the 2014 Street Improvements". --page 1 -- City Council Meeting [Consent Agenda Item 8] October 21,2014 LEGISLATIVE HISTORYBACKGROUND INFORMATION: Hardrives, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 3 in the amount of $669,656.32. 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 $63,925.16. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 3 for the 2014 Street Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 3 to Hardrives, Inc. in the amount of$669,656.32 for the 2014 Street Improvements". ATTACHMENT(S): 1. Partial Pay Estimate No. 3 --page 2-- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 3 FOCUS ENGINEERING,inc. 2014 STREET IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO.2013.135 FROM 9/1/2014 TO 9/30/2014 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO HARDRIVE$,INC. 3800 LAVERNE AVENUE NORTH 14478 QUIRAM DRIVE LAKE ELMO,MN 55042 ROGERS,MN;55374 ATTN:JACK GRIFFIN,CITY ENGINEER ATTN:DAN LOSELLO,PROJECT MANAGER - �f. 'yTrl'tl17YL7iYLJ 4'?s iY liX�/7F? � �S" C �7r t. OIYI 'kn .. �. +-+r+• No. Approval Amount 1.Original Contract Amount $1,469,015.70 Date Additions Deductions' 2.Net Change Order Sum $7,988.30 1 7/1/2014 $7,988.30 3.Revised Contract(1+2) $1,477,004,00 4.*Work Completed $1,278,503.18 5.*Stored Materials $0,00 6.Subtotal(4+5) $1278,M3:18 7:Reta,fnage* &0% $63,9251-6 8.Previoys.Payments $544, 2171 TOTALS $7,988.30` .$O.bb' 9.Arnouht Due(6-7-9) 85fi , S6:32 NETCHANGE $7,984.30 'J)etaited&eakdowiiAttacfied., - i "E ; z 4x {F sAif r wt N .Ze� ;� t START DATE: .7/2/2014 gRIGINALOAYS 142 ON SCHEDULE SUBSTANTIAL COMPLETION: 10110/,2014 REVISED,DAYS 0 YE5 FINAL COMPLETION: '11/21/3074: REMAINING 52 NO ENGINEER'S CERTIFICATION: FOCUS:E_hgin-eerJing Am. The undersigned certifies that the work has been revjewed;and to the best of their knowledge and belitef,:the quantities Shawn in this; estimate are Correct and the work has bgen Performed iJta�cordance MiSINEM i - with the contract documents. fC3-lit DATE- CONTRACTOR'S CERTIFICATION: CO CTOR The undersigned Contractor certifies that to the best of their knowledge,information and belief the work covered"by this payment 4 estimate has been completed in accordance with.the Contract BY documents,that all amounts have been paid by the contractor for ` op y/)q work for which previous payment estimates was issued and payments tia7F . 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. 3 FOCUS C 2014 STREET IMPROVEMENTS FOCUS ENGINEERING, Inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO,2013,135 REVISED CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT DIVISION 1-PACKARD PARK AREA 1 MOBILIZATION LS 1 $34,750.00 S34,750.DD 0.00 $0.00 1.00 $34,750.00 2 TRAFFIC CONTROL LS I $2,162.47 $2,162.47 0.40 $864.99 0.90 $1,946.22 3 SILT FENCE,TYPE MACHINE SLICED LS 3,188 $2.o3 $6,471.64 0.00 $0.00 0,00 Woo 4 INLET PROTECTION EA 14 $74.93 $1,049.02 0.00 $OAo 14.00 $1,049.02 5 SIOROLL DITCH CHECK EA 14 $80.28 $1,123.92 0.00 $0.00 0.00 50.00 6 STREET SWEEPING HR 35 $151.26 $5,294.10 0.00 50.00 ODD $0.00 7 TREETRIMMING LS 1 $5,352.13 $5,352.13 0.00 $0.00 0.00 $0.00 8 SALVAGE MAILBOX EA 24 $32,44 $778.56 3.00 $97.32 25.00 $811.00 9 INSTALL SALVAGED MAILBOX EA 24 $37.84 $908.16 25.00 $946,00 25.DO $946.00 10 SAWCLIT BITUMINOUS PAVEMENT LF 720 $2.12 $1,52640 0.00 $0.00 261.DO $553.32 11 SAWCUTCONCRETE PAVEMENT LF 130 $3.13 $406.90 0.00 $0.00 130.00 $406.90 12 REMOVEAND DISPOSE OF EXISTING BITUMINOUS PAVEMENT(DRIVEWAYS) SY 420 $5.35 $2,193.50 159.06 $850.97 389.06 $2,091.47 13 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT(DRIVEWAYS) SY 150 $8,56 $1,284,00 17A7 $151.26 102.67 $878.86 14 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT SY 30 $32.11 $321.10 0.00 $0.00 0.00 $0.00 15 REMOVE AND DISPOSE OF EXISTING STORM SEWER PIPE LF 230 $20.81 52,486.30 0.00 $0.00 230.00 $2,486.30 16 SUBGRADE EXCAVATION-RECLAIM AREAS(CV) CY 1,000 $910 $9,100.00 0.00 S0.00 0.00 $0.00 17 SELECTGRANULAR BORROW[CV) CY 250 $14.13 $3,532.50 0.00 $B.OD CLOD $0.00 18 RECLAIM EXISTING BITUMINOUS AND BASE MATERIALS,8"DEPTH SY 21,500 $0,91 $19,565.00 0.00 $0.00 21,500.00 $19,565.00 19 HAUL EXCESS RECLAIMED MATERIAL OFF SITE(LV) CY 300 $8,62 $I,586.00 91.00 $784,42 91.1)0 $794.42 20 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 61 $324.76 $19,690.20 60-63 $19,690.20 60.63 $19,690.20 21 TYPE SP9.5 BITUMINOUS NON WEARING COURSE MIXTURE(2,B)ISPNWA230B] TN 1,905 $60.76 $115,747.80 0.00 50.00 1,667.00 $101,286.92 22 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,B)ISPWEA240B) IN 11905 S6Z.64 $119,329.20 2,014.00 $126,156.96 2,014.DO $126,156.96 23 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,350 $1.96 $2,646.00 700.00 $1,372.00 700.00 $1,372.00 24 PATCH BITUMINOUS DRIVEWAY SY 410 $20.11 58,245.10 147.00 $2,956.17 441.00 581868.S3 25 PATCH CONCRETE DRIVEWAY SY ISO $46.03 $6,904.50 0.00 $0.00 113.00 55,201.39 26 SAW&SEAL STREET(40-INTERVALS) LF 2,900 52.61 $7,569.00 0.00 $0-00 O.DO $0.00 27 B4 IS CONCRETE CURB&GUTTER LF 7,660 $9,63 $73,765.80 -395.00 -$3,803.85 7,24700 $69,788.61 28 CONCRETE RIBBON CURB LF 530 $1450 $7,685.00 372.00 $5,394.00 857.DO $12,426.S0 29 6"CONCRETE FLUME SF Soo 56,74 $3,370.00 0.00 $0.00 370.DO $2,493.80 30 REMOVE CB CASTING EA 12 $83.68 $1,004.16 0.00 $0-00 13-00 $1,087.84 31 R-3250.1 CASTING EA 12 $779.82 $9,357.84 1pp 5779.82 22.00 $9,357.84 32 Z'X T CATCH BASIN WITH CASTING PER DETAIL 404 EA 1 $1,838.10 $1,83SAD 0.00 Moo 0.00 SD.00 33 V DIA CBMN WITH SUMP AND CASTING PER DETAIL 405 EA 1 $2,811.21 $2,811.21 0,00 SO.00 2.00 $5,622.42 34 4'DIA MH WITH CASTING PER DETAIL 407 EA 2 53,946.23 $3,892.46 0.00 $0.00 2.00 $3,892,46 35 15"RCP STORM SEWER,CLASS 5 LF 208 544.33 $9,220,64 0.00 $0.00 209.00 $9,264.97 36 15"RCP FLARED END SECTION INCL TRASH GUARD EA 4 $1,243.42 $4,973.68 1.00 $1,243.42 4,DO 54,973.68 37 CLASS 3 RIP RAP WITH FABRIC CY 8 $162.19 $1,297.52 0.00 $D_o0 SAID S610.95 38 DITCH GRADING IF 180 $30.70 $1,926.DO 0.00 Saw 000 $0.00 39 POND EXCAVATION(CV) CY 70 $21.41 $1,498.70 0.00 Sp00 0.00 $0.00 40 JET AND CLEAN STORM SEWER LF 135 $15.14 $2,1143-90 135.00 $2,04K90 135.00 $2,043.90 41 IMPORTAND PLACE TOPSOIL BORROW(LVI CY Soo $1S.00 $12,000 DO 284.DO $4,260.DO 466.00 $6,990.00 42 SEEDING,FERTILIZER,AND EROSION CONTROL BLANKET SY 1,500 $2.94 54,410.DO 0,00 $0.00 0,00 $0.00 43 SODDING SY 8,800 54.28 $37,664.00 3,5Dp.00 $14,980.00 3,500.00 $14,980.00 44 SALVAGE SIGN EA 10 $27.03 $270.30 0.00 SO.DO 2.00 $27.03 45 INSTALL SALVAGED SIGN EA 10 $124.34 $1,243,40 0,00 $0.00 0.00 $0.00 L SUBTOTA DIVISION 1 5561,296.ZI $178,767.57 1 $472,594.49 DIVISION 2-20TH STREET NORTH 46 MOBILIZATION LS 0 $15,172.99 $0.00 O.DO $0.00 0 $0.00 47 TRAFFIC CONTROL LS 0 $5,000.00 S000 O,Dp 50.00 0 $0.00 48 JOINT REPAIR SY 0 $20.00 $0.00 0.00 $O.OD 0 50.00 49 PATCH BITUMINOUS STREET(PARTIAL DEPTH) SY 0 $20.00 $0.00 0.00 S0.00 0 $O.DO 50 PATCH BITUMINOUS STREET(FULL DEPTH) SY 0 $38.64 $13DO 0.00 $0.00 0 $0.00 SI REMOVE PAVEMENT MARKINGS-4"LINES LF 0 $0.65 $0.00 0.00 $0.00 0 SO.DO 52 3/4"OVERLAY TN 0 $69.06 $0,00 0.00 $0 DO 0 $O.DO 53 3/8"MICROSURFACE SY 0 $3.22 SO= O.DO 50.DO 0 $0.00 54 CLASS 2 AGGREGATE SHOULDERING-100%CRUSHED LIMEROCK TN 0 $21.39 $0.00 0.00 $0.00 0 SDAO 55 4"DOUBLE SOLID YELLOW LINE-LATEX LF 0 $0.22 $0,00 00) $0.00 0 $0.00 56 4"SOLID WHITE LINE-LATEX LF 0 SD.11 $0.00 0.00 $0.00 0 $0.00 SUBTOTAL-DIVISION 2 $0.00 $0.00 $0.00 REVISED CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT DIVISION 3-DEER POND TRAIL&COURT 57 MOBILIZATION IS 1 $21,000.00 521,DOO.00 0.25 $5,250.00 1.00 $21,000.00 58 TRAFFIC CONTROL LS 1 $1,621.85 $1,621.85 0.25 $405.46 0.90 $1,459,67 59 SILT FENCE,TYPE MACHINE SLICED IF 2,150 $2.03 $4,364.50 50.00 $101.50 275.00 $558.25 60 INLET PROTECTION EA 12 $74.93 $899.16 12.00 $899.16 12.00 $B99.16 61 STREET SWEEPING HR 30 $151,26 $1,522.60 0,00 $0.D0 1.00 $151.26 62 BIOROLL DITCH CHECK EA 5 $80.28 $401.40 0.00 50.00 0.00 $0.00 63 CLEAR AND GRUB TREE EA 6 $588.73 $3,532.38 000 $O.DO 7.00 $4,121.11 64 GRUB EXISTING STUMP EA 5 $214,09 $I,010.45 4.00 $856.36 4.00 $856.36 65 $ALVAGEMAILBOX EA 22 $32.44 $713.68 0.00 $0,00 22.00 $713.69 66 INSTALL SALVAGED MAILBOX FA 22 $37,84 $832.48 22-00 $832.48 22.00 $932.48 67 SAWCUT BITUMINOUS PAVEMENT LF 375 52A7 $813.75 0.00 $0.00 269.00 $583.73 68 SAWCUT CONCRETE PAVEMENT LF 100 $407 $407,00 0,00 $0.00 89.00 $362.23 69 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SY 6,680 52,91 $19,438.80 0.00 $0.00 6,680.00 $19,438.80 70 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT(DRIVEWAYS) SY 250 $5.35 $1,337.50 0.00 $0.00 266.00 $1,423,10 71 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT(DRIVEWAYS) SY 110 $8.56 $941.60 0.00 $0,00 $7.00 $316.72 72 REMOVE AND DISPOSE OF EXISTING STORM SEWER PIPE LF 190 $10,81 52,053.90 0.00 50.D0 190.00 $2,DS3.90 73 REMOVE AND DISPOSE OF EXISTING STORM SEWER STRUCTURE EA 2 $432.50 $865.00 0,00 50.00 2,00 5865.00 74 COMMON EXCAVATION(P) CY 3,575 $8,56 $30,602.00 0.D0 SO.00 3,575.00 $30,602.00 75 SUBGRADE EXCAVATION-RECONSTRUCT AREAS(CV) CY 325 $8.56 52,782.00 0.00 $0.00 76.00 $650-56 76 SELECT GRANULAR BORROW(CV1 CY 2,390 $12.31 $29,420,90 0,00 SO.Do 2,227.00 $27,414.37 77 AGGREGATE BASE CLASS 5 TN 2,600 $10.17 $26,442.00 0.00 50.00 2,600.00 $26,442.D0 78 TYPE SP 9.5 BITUMINOUS NON WEARING COURSE MIXTURE(2,81 ISPNWA230B] TN 690 $62.38 $43,042.20 690,00 $43,042.20 690.00 $43•D42.20 79 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,B)ISPWEA240B] TN 520 S63A9 $33,014.80 521.10 $33,094.64 521.10 533,094.64 80 BITUMINOUS MATERIAL FOR TACK COAT GAL 405 $1.96 $793.80 350.00 $686.00 350.00 5686.00 81 PATCH BITUMINOUS DRIVEWAY SY 250 $20.55 $5,137.50 279.D6 $5,734.68 279.06 $5,734.68 8Z PATCH CONCRETE DRIVEWAY SY 110 $46.03 $5,063.30 &50 $253.17 65.50 $3,024.97 83 PATCH GRAVEL DRIVEWAY TN 20 $27.54 $550-80 0,00 50.00 0.00 $0.00 84 SAW&SEAL STREET(40'INTERVALS) LF 1,300 $2.61 S3,393.00 000 KDO p DO $0.00 85 ADIUST EXISTING MANHOLE CASTING EA 2 $584.98 $1,169.96 200 $1,169.96 2 DO $1,169.96 86 B612 CONCRETE CURB&GUTTER LF 4,500 $9,10 540,9S0.00 4,446.00 $40,458.60 444600 $40,458.60 87 6"CONCRETE FLUME SF 2 $42.82 $85.64 0101) $0.00 0.00 $0.00 88 4"PVC PERF EDGE DRAIN W/BACKFILL&WRAP LF 2,155 $9,10 $10,510.50 0.00 $0-DO 1,155.00 Saslow 89 CONNECT DRAIN TILE TO STRUCTURE EA 12 $160.56 $1,926.72 0.00 SDDO 12.00 $1,926.72 90 CONNECTTO EXISTING STORM SEWER MH EA 2 $54062 $1,08I.24 O,OO $D.DO 200 $1,081.24 91 2'X T CATCH BASIN WITH CASTING PER DETAIL 404 EA 2 $1,838.10 $3,676.20 0.00 $O.DO 200 53,676.20 92 4'01A CBMH WITH CASTING PER DETAIL 402 EA 1 $1,838.30 $1,&3&10 0.00 $O.DO 1.00 $2,838.20 93 4'DIA CBMH WITH CASTING PER DETAIL 4D6 EA 6 52,109.41 $12,650.46 0.00 $0.00 6.00 $12,65046 94 4'DW CBMH WITH SUMP AND CASTING PER DETAIL 405 EA 3 $2,919.34 $8,758.02 0.00 $0.00 300 $8,758,02 95 1S-RCP STORM SEWER,CLASS 5 LF 382 $42.17 $16,108.94 000 S0.00 382.00 $16,108,94 96 18"RCP STORM SEWER,CLASS 5 LF 235 $45.41 $10,671.35 000 $0.00 240.00 $10,898.40 97 15"RCP FLARED END SECTION INCL TRASH GUARD EA 2 51,243.42 $2,496.94 0.00 50.00 2.00 S2,486.84 98 18"RCP FLARED END SECTION INCL TRASH GUARD EA 1 $1,297.48 $1,297.49 0.00 $0.00 1,p0 $1,297.48 99 CLASS 3 RIP RAP WITH FABRIC CY 15 $162.19 $2,432.85 0.00 $0.00 11.40 $1,848-97 100 DITCH GRADING LF 1DO S10.70 $1,070.00 61.00 W2.70 61.00 5652,70 101 IMPORTANT)PLACE TOPSOIL BORROW(LV) CY 300 $15.00 S4,500.00 72.00 $1,080.00 7200 $1,080.00 102 SODDING SY 5,000 $4 28 $21,400.00 2,180.00 $9,330.40 2,180.00 $9,330A0 103 SEEDING,FERTILIZER,AND EROSION CONTROL BLANKET SY 400 $2.94 $1,176.00 Opp $0.00 0.00 $0.00 1D4 4"DOUBLE SOLID YELLOW LINE-EPDXY IF 1,44D $0.79 $1,137.60 000 $0.00 0.00 $0.00 205 REMOVE SIGN EA 1 $27-03 $27.03 000 $0-00 1.00 $27.03 106 SIGN PANEL,TYPE C SF 9 $54.06 5486.54 000 $0.00 0_00 $0.00 107 SALVAGE SIGN EA 6 S27.03 $16ZAS 0.00 $0.D0 S,00 $135.15 108 INSTALL SALVAGED SIGN EA 6 $124.34 5746.04 0.00 $0,00 000 50.DO SUBTOTAL-DIVISION 3 $389,398.04 $143,837.31 $352,242.57 DIVISION 4-MANNING TRAIL NORTH 109 MOBILIZATION IS 1 $3,500.00 $3,500.00 0.50 $1,750A0 1.00 $3,500.00 110 TRAFFIC CONTROL LS 1 $2,324 66 $2.324.66 OJO $1,627.26 0.90 $1,092.19 111 SILT FENCE,TYPE MACHINE SLICED LF 6,600 $2 03 $13,398.00 1,1345 00 $3,339.35 3,265.00 $6,627.95 112 STREET SWEEPING HR 25 $151.26 53,781.50 000 50.00 0.00 $000 113 BIOROLL DITCH CHECK EA 20 $80.28 $1,605.60 O_p0 50.D0 0.00 S0.00 114 CLEAR AND GRUB TREE EA 15 $598.73 $8,830.95 12.00 $7,064.76 1200 $7,064.76 115 SALVAGE MAILBOX EA 12 $32.44 $389.28 0,00 $0.D0 1Y00 $389.28 116 INSTALL SALVAGED MAILBOX EA 12 $37.84 $454.08 1200 $454.08 12.00 $454.09 117 SAWCUT BITUMINOUS PAVEMENT LF 375 $2.17 $813.75 22200 $264.74 122.00 $264.74 118 REMOVE AND DISPOSE Of EXISTING BITUMINOUS PAVEMENT SY 8,970 $2.71 524,309 70 4,470.00 $12,113.70 8,970.00 $24,308.70 119 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT(DRIVEWAYS) SY 130 $5.35 $695.50 0.00 $0.00 0,00 SO.Do REVISEDCONTRACIF THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 120 REMOVE AND DISPOSE OF EXISTING STORM SEWER PIPE LF 53 $10.81 $572.93 p 00 $O.DO 53.00 5572,93 122 COMMON EXCAVATION IN CY 5,205 $8.56 $44,554.80 3,824.00 $32,733 44 5,205,00 S44,554.80 122 SUBGRADE EXCAVATION-RECONSTRUCT AREAS(CV) CY 500 58.56 $4,280.00 O.DO $0.00 0.00 $0.00 123 SELECT GRANULAR BORROW(CV) CY 3,290 $12.31 S40,499.90 205900 $25,346.29 3,290.00 $40.499.90 124 AGGREGATE BASE CLASS 5 TN 4.820 $10.17 $49,019.40 2,973.00 $30,215.07 4,920.00 $49,019A0 125 TYPE SP 12.5 BITUMINOUS NON-WEARING COURSE MIXTURE(2,B)[SPNWB230B] TN 1,360 $55.64 575,670.40 1,134.00 $63,095.76 1,134.00 S63,09S36 126 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,B)ISPWEA240BI TN 820 $61.67 $50,569.40 892 57 $55,044.79 892,57 555,044.79 127 BITUMINOUS MATERIAL FOR TACK COAT GAL 640 $1,96 $1,254.40 40000 $784.00 400,00 $78400 128 PATCH BITUMINOUS DRIVEWAY SY 130 $20.27 $2,635.10 25000 $5,067.50 250.00 $5,D67.50 129 PATCH GRAVEL DRIVEWAY TN 30 $27.02 $910.60 000 $0.00 0,00 $0,00 130 CLASS 2 AGGREGATE SHOULDERING-100%CRUSHED LIMEROCK TN 345 $20.84 $7,18980 211.81 $4,414.12 211.81 $4,414.12 132 4"PVC PERF EDGE DRAIN W/BACKFILL&WRAP LF 3,000 $11.77 $35,310.00 3 OOO 00 $35,310.00 3 O00 00 $35,310.00 132 PRECAST CONCRETE HEADWALL(DRAIN TILE) EA B $535.21 $4,291.68 000 $0.00 0.00 $0.00 133 18"RCP STORM SEWER,CLASS 5 1F 48 $62.71 $3,010.09 000 $0.00 48.00 $3,010.08 134 18"RCP FLARED END SECTION INCL TRASH GUARD EA 2 $1,297.49 $2,594.98 000 $0.00 100 $2,594.98 135 CLASS 3 RIP RAP WITH FABRIC CY 5 $162.19 $610.95 0.00 $0.00 5.00 $810,95 136 IMPORT AND PLACE TOPSOIL BORROW ILV) CY S00 $15.00 $7,500.00 0.00 $0.00 0.00 $O.DO 137 SEEDING,FERTILIZER,AND EROSION CONTROL BLANKET SY 7,850 $2.94 $23,079,00 0.00 S0.00 0.00 $0.00 139 4"DOUBLE SOLID YELLOW LINE-EPDXY LF 3,3DO $0.79 $4607.00 0.00 $0.00 0.00 $0.00 139 4"SOLID WHITE LINE-EPDXY LF 6,600 $049 53,268,00 0100 $0-00 0,00 $0-00 140 REMOVE SIGN EA 5 $27.03 $135.15 0.00 $0.00 5.00 $135.15 141 SIGN PANEL,TYPE C SF 21 $54.06 $1,108,23 0 00 $0,00 0.00 $O.DO 142 SALVAGE SIGN EA 14 $27.03 $378-42 0,00 $0.00 14,00 $378.42 143 INSTALL SALVAGED SIGN EA 14 $124.M $1,740.76 0.00 $0-00 0,00 so DO SUBTOTAL-DIVISION 4 $422,883.00 $278,624.86 $349,994.49 TOTALS-BASE CONTRACT $1,372,577.25 $601,229.75 $1,174,83154 CHANGE ORDER NO.1 COI-1 MOBILIZATION LS 1.0 $5,D00.00 $5,000.00 1.00 $5,000.00 1.D0 $5,000.00 COI-2 TRAFFIC CONTROL LS 1-0 S5,000-00 55,0D0.00 0.90 54,5DO.00 0.90 $4,500,00 COI-3 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,B)ISPWEA2408I-LEVELING TN 300.0 $68-06 $70,418.D0 32311 $21,990.87 323.11 $21,990.87 COURSE COI-4 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE(2,B)ISPWEA240BI TN 1,065.0 $60-67 $64,613.55 1,094.14 566,381.47 1,094.14 $66,381.47 COS-5 BITUMINOUS MATERIAL FOR TACK COAT GAL 965.0 $1.96 $1,695.40 700.00 $1,372.00 700.00 $1,372.00 C01-6 CLASS 2 AGGREGATE SHOULDERING-100%CRUSHED UMEROCK TN 260.0 $21.39 55,561-40 206.98 $4,427,30 206.98 S4,427.30 C01-7 4"DOUBLE SOLID YELLOW LINE-LATEX LF 4,860.0 $022 $1,06910 0.00 $O.DO 0.00 $000 COl-8 4"SOLID WHITE LINE-LATEX LF 9,7200 $0.11 $1,069.20 0.00 $0.00 Elm $0.00 TOTALS-CHANGE ORDER NO.1 $104,426.75 $103,671.64 $103,671.64 TOTALS-REVISED CONTRACT $1,477,004.00 $704,901.39 $1,278,503.18 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM# 9 AGENDA ITEM: Lake Elmo Ave Trunk Watermain Improvements—Change Order No. 1 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 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: $12,427.86 This change order provides compensation to the contractor for special traffic control signs as directed in the field by Washington County to improve safety along Lake Elmo Avenue; removal of restoration, valves, and fittings associated with the intersection of Lake Elmo Avenue and I Wh Street by removing a future stub connection along 10`h Street; and adding 16-inch pipe sleeve fittings necessary to complete the work and increases the contract amount by $12,427.86. With approval of this change order the revised contract amount is $2,028,115.25. The construction contract therefore remains within the original total project budget as authorized on June 3, 2014. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the consent agenda, Change Order No. 1 for the Lake Elmo Avenue Trunk Watermain Improvements Project, thereby increasing the Contract amount by $12,427.86. If removed from the consent agenda, the recommended motion for the action is as follows: --page 1 -- City Council Meeting [Consent Agenda Item 91 October 21,2014 "Move to approve Change Order No. ]for the Lake Elmo Avenue Trunk Waterman: Improvements, thereby increasing the contract amount by $12,427.86." LEGISLATIVE HISTORYBACKGROUND INFORMATION: This change order provides compensation to the contractor for the following items: 1. Add special traffic control signs as directed in field by Washington County to improve safety along Lake Elmo Avenue. 2. Remove restoration, valves, and fittings associated with the intersection of Lake Elmo Avenue and l0a' Street by removing a future stub connection along 10t' Street. 3. Add pipe fittings necessary to complete the work. The fitting quantities did not include these payable items into the original contract. The above described changes were not included in the original contract and result in an increase to the contract of $12,427.86. With this change order the project remains well within the authorized project budget and contingencies. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, approving Change Order No. 1 for the Lake Elmo Avenue Trunk Watermain Improvements thereby increasing the contract amount by $12,427.86. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve Change Order No. 1 for the Lake Elmo Avenue Trunk Watermain Improvements, thereby increasing the contract amount by$12,427.86." ATTACHMENT(S): 1. Change Order No. 1 --page 2-- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA FOCUS ENGINEERING, inc. LAKE ELMO AVE TRUNK WATERMAIN IMP. PROJECT NO. 2013.133 CHANGE ORDER NO, 1 DATE: October 13, 2014 TO: GM CONTRACTING,INC. 19810 515TH AVE,PO BOX 736 LAKE CRYSTAL,MN 56055 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/JUSTIFICATION: This change order is being processed to amend the Contract by addresseing three changes in the scope of work.1)Add special traffic control signs as directed in the field by Washington County to improve safety along lake Elmo Avenue.2)Remove restoration,valves and fittings associated with the intersection of Lake Elmo Avenue and loth Street,by removing a future stub connection along 10th Street,3)Add 16-inch pipe sleeve fittings necesary to complete the work.The fitting quanitites did not include these payable items into the Contract. Attachments (list documents supporting change): None ITEM DESCRIPTION OF PAY ITEM UNIT CITY UNIT PRICE INCREASE/(DECREASE) **See attached itemization $12,427.86 NET CONTRACT CHANGE $12,427.86 Amount of Original Contract $ 2,015,687.39 Sum of Additions/Deductions approved to date(CO Nos. ) $ 0.00 Contract Amount to date $ 2,015,687.39 Amount of this Change Order (ADD) (DST) (010 CHANGE) $ 12,427.86 Revised Contract Amount $ 2,028,115,25 The Contract Period for Completion will be (UNCHANGED) (INGRCASED) (DECREASED) 0 days AT BY N INEER: FOCUS Engineering,inc. APPROVED BY CONTRACTOR EN INEER BY DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY By DATE DATE FOCUS Engineering,inc. CHANGE ORDER FORM CHANGE ORDER NO. 1 LAKE ELMO AVE TRUNK WATERMAIN IMP. FOCUS ENGINEERING, Inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2013.133 CHANGE ORDER ITEM DESCRIPTION OF PAY ITEM UNIT DESCRIPTION/JUSTIFICATION QUANTITY UNIT PRICE AMOUNT C01-1 TRAFFIC CONTROL-TEMPORARY SIGNAGE LS 1.0 $3,810.00 $3,810.00 This change order Is being processed at the request of the City for C01-2 RESTORATION-ELIMINATE CROSS AT 10TH STREET LS 1.0 -$1,130 46 -$1,130.46 improvements completed with the project.The County required special traffic control signs that were necessary to improve safety COI-3 REMOVE 16"X12"CROSS EA -1.0 $1,657.77 -$1,657.77 along their road corridor.The signs were not Included in the original C01 4 REMOVE 12"PLUG EA -2-0 $322.24 -$644.48 scope of improvements.This change order also accounts for the C01-5 REMOVE 16"BUTTERFLY VALVE&BOX EA -2.0 $3,489.56 -$6,979.12 elimination of a future connection point IDth Street and removes costs associated with restoration,valves,and fittings needed for the COI-6 18-INCH HYDRANT EXTENSION EA 1.0 $852.25 $852.25 work from the Contract.Finally the original contract did not include C01-7 FOSTOR ADAPTORS EA 16,0 $200.00 $3,200.00 pipe fittings required to complete the work.This change order adds C01-8 16-INCH SLEEVE EA 18.0 $832.08 $14,977,44 these payable items into the scope of the work. TOTALS-CHANGE ORDER NO.1 $12,427.86 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM # 10 AGENDA ITEM: Lake Elmo Avenue Trunk Watermain Improvements —Pay Request No. 3 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the ConsentAkenda): - 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 3 for the Lake Elmo Avenue Trunk Watermain Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 3 to GM Contracting Inc in the amount of$330,524.89,for the Lake Elmo Avenue Trunk Watermain Improvements Project" --page 1 -- City Council Meeting [Consent Agenda Item 10] October 21,2014 LEGISLATIVE HISTORYBACKGROUND INFORMATION: GM Contracting Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 3 in the amount of$330,524.89. 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 $78,890.10. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 3 for the Lake Elmo Avenue Trunk Watermain Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 3 to GM Contracting Inc. in the amount of$330,524.89, for the Lake Elmo Avenue Trunk Watermain Improvements Project" ATTACHMENT(S): 1. Partial Pay Estimate No. 3 --page 2-- I { I PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 3 FOCUS ENGINEERING, inc. LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO.2013.133 FROM 9/1/2014 TO 9/30/2014 PROJECT OWNER: CONTRACTOR: i CITY OF LAKE ELMO GM CONTRACTING INC. 3800 LAVERNE AVENUE NORTH 19810 515TH AVE LAKE ELMO,MN 55042 LAKE CRYSTAL,MN 56055 ATTN:JACK GRIFFIN,CITY ENGINEER ATTN:MIKE URBAN,PROJECT MANAGER CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $2,015,687.39 Date Additions Deductions 2. Net Change Order Sum $0.00 3.Revised Contract(1+2) $2,015,687.39 4.*Work Completed $1,577,801.95 5.*Stored Materials $0.00 6.Subtotal(4+5) $1,577,801.95 7. Retainage* 5.0% $78,890.10 8. Previous Payments $1,168,386.96 TOTALS $0.001 $0.00 9.Amount Due(6-7-8) $330,524.89 NET CHANGE $0.00 "Detailed Breakdown Attached CONTRACT TIME START DATE: 6/26/2014 ORIGINAL DAYS 141 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/17/2014 REVISED DAYS 0 YES a FINAL COMPLETION: 11/14/2014 REMAINING 45 NO ENGINEER'S CERTIFICATION: FOCUS Engineering,inc. The undersigned certifies that the work has been reviewed and to the nl ( _u best of their knowledge and belief,the quantities shown in this �^^ C��- estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 10/7/2014 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. 3 LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS FOCUS ENGINEERING, Inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2013.133 CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT DIVISION 1•GENERAL 1 MOBIUZATKIN LS 1 585,000.00 $85,000.00 0.15 $12,750.00 0.90 $76,500-00 2 TRAFFIC CONTROL LS 1 553,951.69 $53,951.69 0.15 $8,092.75 0.90 548,556.52 3 SILTFENCE LF 461 $2.50 $1,152-50 0.00 $0.00 0 Saw 4 TREE REMOVAL EA 20 5400.00 $8,000.00 0.00 $0.00 6 $2,400-00 5 INLET PROTECTION EA 3 $15258 $457.74 0.00 50.00 3 $457.74 6 6*TOPSOIL AND SOD SY 267 $6.30 $1,682.10 0.00 $0.00 0 $0,00 7 TEMPORARY WATER SERVICE IS 1 $4,500.00 54,500.00 0.00 $0.00 1 $3,375.00 SUBTOTAL-DIVISION 1 $154,744.03 $20,842-75 $131,299.26 DIVISION 2-WATERMAIN 1 REMOVE EXLSTINGWATERMAIN-ALLSIZES ANDTYPES LF 416 $2.85 $1,185.60 0 $0.00 0 $0.00 2 ABANDON EXISTING WATERMAIN IN PLACE-ALL SIZES AND TYPES LF 970 $2.85 $2,76CS0 0 $0.00 0 Sam 3 SALVAGE EXISTING HYDRANT,LEAD,AND VALVE EA 2 $350A0 $700.00 0 $0.00 0 $0.00 4 REMOVE/ABANDON EXISTING WATER SERVICE-ALL SIZES AND TYPES EA 15 $150.00 $2,250.00 0 $0-00 0 $0.00 5 CONNECT TO EXISTING WATERMAIN EA 1 $1,448.16 $1,448,16 0 $0.00 0 $0.00 6 6"GATE VALVE&BOX EA 27 $2,036.85 $54,994.95 16 $32,589.60 17 $34,626.45 7 8"GATE VALVE&BOX EA 4 $2,530.54 $10,122.16 2 $5,061.08 2 $5,061.08 8 12'GATE VALVE&BOX EA 1 $3,5G8.66 $3,508.66 1 $3,508.66 1 $3,508.66 9 16'BUTTERFLY VALVE&BOX EA 17 $3,499.56 $59,322,52 9 531,406.04 9 $31.A06-04 30 HYDRANT-8'-6'BURY EA 27 $4,182.48 $112,926,96 16 $66,919.68 17 $71,102.16 31 1"CORPORATION STOP EA 6 5425,90 $2,555.40 D $0.00 0 $0.00 I2 1.5"CORPORATION STOP EA 38 $55010 $20,907.60 0 $0.00 0 50.00 13 2"CORPORATION STOP EA 2 $647.35 $1,294.70 0 50.00 0 $0-00 14 3"CURBSTOP AND BOX EA 6 $463.59 $2,79149 0 $0.00 0 50.00 15 1.5'CURB STOP AND BOX EA 38 $600.53 $22,820.14 0 $0.00 0 50.00 16 2"CURBSTOP AND BOX EA 2 $746.85 $1,493.70 0 50.00 0 $0.00 17 1"TYPE K COPPER WATER SERVICE PIPE LF 204 $28.59 $5,832.36 0 $0-00 0 $0.00 18 1.5"TYPE K COPPER WATER SERVICE PIPE LF 1,596 $32.06 $50,847-16 1,134 $36,356.04 1,134 $36,356 D4 19 2"TYPE K COPPER WATER SERVICE PIPE LF 52 $37.35 $1,942,20 0 $0.00 0 50.00 20 CONNECT TO EXISTING WATERSERVCIE-ALL SIZES AND TYPES EA 15 $500.00 $7.500.00 0 $0.00 0 SO.00 21 6"DIP CL 52 WATERMAIN LF 379 $29.50 $11,180.50 223 $6,578.50 262 $7,729.00 22 16"DIP CL 52 WATERMAIN LF 387 $74.63 $28,981,81 0 $0.00 0 50.00 23 8'HDPE DR 11 WATERMAIN IF 174 $70.93 $12,341.92 125 $8,86&25 270 $12,0511,10 24 12"HDPE DR 11 WATERMAIN LF 74 $81.B0 $6,053.20 0 $(L00 74 $6,D53.20 25 16"HDPE DR 11 WATERMAIN LF 11,152 $89.00 $992,529.00 700 $62,300-00 11,152 $992,528.00 26 16"HDPE DR11 WATERMAIN,EXTRA DEPTH IP) LF 2,200 $89.00 $195,800.00 1,075 $95,675.00 21200 $195,8DO.00 27 6"X45'BEND MJ DUCTILE IRON COMPACT FITTING EA 32 $362.03 $11,584.96 9 $3,258.27 9 $3,258.27 28 16"X31.1/4'BEND MI DUCTILE IRON COMPACT FITTING EA 1 $1,325.00 $1,325.00 0 $0.00 0 $0.00 29 16"X45'BEND MI DUCTILE IRON COMPACT FITTING EA 2 $1,33700 $2,674.00 0 50.00 0 $0.00 30 8"X6'TEE MI DUCTILE IRON COMPACT FIRING EA 3 $543.52 $1,630.56 3 $1,630,56 4 $2,174,08 31 16'X6"TEE MI DUCTILE IRON COMPACT FITTING EA 23 $1,498.00 $34,454.00 13 $19A74.00 13 $19,474.00 32 16'X8'TEE MI DUCTILE IRON COMPACT FIRING CA 4 $1,520.00 $6,080.00 3 $4,560.00 3 $4,560.00 33 16"X12"TEE Ml DUCTILE IRON COMPACT FITTING EA 1 $1,589.00 $1,589.00 1 $1,589.00 1 $1,589.00 34 16"Xl2"CROSS Ml DUCTILE IRON COMPACT FIRING EA 2 $1,657.77 $3,315.54 1 $1,657.77 1 $1,657.77 35 12'X6'REDUCER NO DUCTILE IRON COMPACT FIRING EA 1 558810 $588.10 1 $588.1D 1 $588.10 36 16'XB'REDUCER MJ DUCTILE IRON COMPACT FITTING EA 1 $76251 $762.51 D $0.00 0 50.00 37 8"PLUG MJ DUCTILE IRON COMPACT FIRING EA 4 $268,40 $1,073.60 4 $1,073.60 5 $1,342.00 38 12"PLUG MI DUCTILE IRON COMPACT FIRING FA 4 $322.24 $1,288.96 2 $644.48 2 $64448 39 16"PLUG MI DUCTILE IRON COMPACT FITTING [A 1 $50619 $506.18 1 $506-18 1 $506,18 40 HORIZONTAL DIRECTIONAL DRILLING BORE PITS LS 1 $70,092.00 $70.092.00 0 $7,009.20 0 $14,019.40 41 WATER SERVICE CONNECTION PITS IS 1 $55,577.00 $55,577DO 0 50.00 0 $0.00 42 OFF ROAD STRUCTURE MARKER EA 27 $57.70 $1,557.90 0 $0,00 0 $0.00 43 4"POLYSTYRENE INSULATION SF 96 $7.37 $707.52 64 $471.68 64 $471.68 SUBTOTAL DIVISION2 $1,808,790.41 $391,723.69 51,446,512.69 DIVISION 3-STREETS I SAWCUT BITUMINOUS PAVEMENT LF 1,020 $3.92 $3,998.40 0 $0.00 0 $0.00 2 REMOVE&DISPOSE OF EXIST.BITUMINOUS PAVEMENT,ALLTYPES SY 1,125 $5.67 $6,379.75 0 $0.00 0 $0.00 3 CL5 AGGREGATE BASE TN 41U $29.93 $12,271.30 0 $0.00 0 $0.00 4 DRIVEWAY RESTORATION SY 62 $39.21 $2,431.02 0 $0.00 0 $0.00 5 SPNW8230B BITUMINOUS NON-WEAR COURSE,STREETS TN 134 $128.96 $17,280-64 0 $0.00 0 $0,00 6 SPWEA240B BITUMINOUS WEAR COURSE,STREETS TN 67 $144.44 $9,677.48 0 50.00 0 $0,00 7 BITUMINOUS MATERIAL FOR TACK COAT GA 1 56 $2,06 $115.36 1 0 $O.DD 0 $0.00 SUBTOTAL DIVISION 3 $52,152.95 $0.00 $0.00 TOTALS $2,015,687.39 $412.566.44 51,577,801,95 TI IG CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION i DATE: October 21, 2014 CONSENT ITEM# 11 AGENDA ITEM: Pumphouse No. 4—Pay Request No. 5 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the ConsentAzenda): - 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 5 for the Pumphouse No. 4 project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Total Mechanical Services, Inc. in the amount of $263,097.75 for Pumphouse No. 4". --page 1 -- City Council Meeting [Consent Agenda Item I ] October 21,2014 LEGISLATIVE HISTORYBACKGROUND INFORMATION: Total Mechanical Services Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 5 in the amount of $263,097.75, 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 $26,420.55. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 5 for the Pumphouse No. 4 project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 5 to Total Mechanical Services, Inc. in the amount of $263,097.75,for Pumphouse No. 4". ATTACHMENT(S): 1. Partial Pay Estimate No. 5 --page 2-- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 5 FOCUS ENGINEERING, inc. PUMPHOUSE NO. 4 PERIOD OF ESTIMATE PROJECT NO.2013.132 FROM 9/1/2014 TO 9/30/2014 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO TOTAL MECHANICAL SERVICES,INC. 3800 LAVERNE AVENUE NORTH 420 BROADWAY AVE LAKE ELMO,MN 55042 ST.PAUL,MN 55071 ATTN:JACK GRIFFIN,P.E.,CITY ENGINEER ATTN:MARK DIESSNER -- CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $748,640.00 Date Additions Deductions 2.Net Change Order Sum $0.00 3. Revised Contract(1+2) $748,640.00 4. *Work Completed $528,411.00 5. *Stored Materials $0.00 6.Subtotal (4+5) $528,411.00 7.Retainage* 5.00/c $26,420.55 8.Previous Payments $238,892.70 TOTALS $0.00 $0.00 9.Amount Due(6-7-8) $263,097.75 NET CHANGE $0.00 "Detailed Breakdown Attached to NTRACT,TIME START DATE: 5/19/2014 ORIGINAL DAYS 186 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/17/2014 REVISED DAYS 0 YES [X FINAL COMPLETION: 11/21/2014 REMAINING 52 NO F7 ENGINEER'S CERTIFICATION: FOCUS En inee g 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. Co/ 8/ c.! DATE ( t CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge,information and belief the work covered by this payment kJ estimate has been completed in accordance with the contract BY r documents,that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments t t 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 DATE FOCUS Engineering,inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 5 PUMPHOUSE NO.4 FOCUS ENGINEERING, inc. CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2013,132 CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 DIV 1-GENERAL CONDITIONS LS 1 $60,000.130 $60,D00.00 - $13-00 D-68 $40,800.00 2 DIV 1-MOBILIZATION LS 1 $10,00pp0 $10,000.00 - $0.00 1.00 $30,D00.00 3 DIV 2-SITE WORK L$ 1 $45,000.00 $45,000.00 - $0.DO 0.96 $43,2DO.00 q DIV 3-CONCRETE LS 1 $30,000.00 $30,000.00 0.08 $2,400.00 1.DO $30,ODO.00 5 DIV 4-MASONRY LS 1 $59,000.00 $59,000.00 $0.00 1-DO $59,ODO.00 6 DIV 5-METALS LS 1 $3,000.00 $3,000,00 $0.00 0.17 $510.00 7 DIV 6-CARPENTRY LS 1 $19,0DO.00 $19,000,00 0.20 $3,800.00 1.00 $19,D00.00 8 DIV 7-THERMAL PROTECTION LS 1 $13,D00.00 $13,000,00 0.77 $10,010.00 1.00 $13,D00.00 9 DIV 8-DOORS AND WINDOWS LS 1 $12,D00.00 $12,000,00 $0.00 0.34 54,080.00 10 DIV 9-FINISHES LS 1 $10,DDO.00 $10,000,00 $0.00 - $0.00 11 DIV 10-SAFETY AND SIGNS LS 1 $5,000.00 $5,000.00 - $0.00 - $0.00 12 DIV 11-PROCESS EQUIPMENT LS 1 $60,D00.00 560,000.00 0.90 $54,DDO.00 0.90 $54,000.00 13 DIV 15-MECHANICAL LS 1 S137,9DO.00 $137,9DODO 0.60 $82,740.00 0.94 $129,626.00 14 DIV 16-ELECTRICAL LS 1 $243,000.00 $243,000DO 0.50 $121,5DO.00 0.50 $121,500.00 15 COMMON EXCAVATION(P) CY 350 $11,00 $3,850.00 - $0.00 - $0.00 16 TYPE SP.12.5 BITUMINOUS WEARING COURSE MIXTURE(2,B) TN 130 $108.00 $14,040.00 - $0.00 - $0.00 17 BITUMINOUS MATERIAL FOR TACK COAT GAL 35 $6.00 $210,00 - $0.00 - $0.00 18 AGGREGATE BASE CLASS 5,100%CRUSHED TN 190 $20,00 $3,80DOO - $0.00 - $0.00 19 SELECT GRANULAR BORROW(MODIFIED) TN 380 $13.50 $5,I30.00 - $0.00 - $0.00 20 5"CONCRETE SIDEWALK SF 235 $5.00 $1,175 DO 235.00 $1,175.00 235.0 $1,175.00 21 TRUNCATED DOME PANELS SF 8 $40.00 $320.00 8.00 $320.00 8-0 $320.00 22 TOPSOIL BORROW(CV) CY SS $65.00 $975.00 $0.00 - $0.00 23 TEMPORARY ROCK CONSTRUCTION ENTRANCE FA 1 $1,000.00 $1,000.00 1.00 $1,0D0.00 1.0 $1,0DO.00 24 SILT FENCE,MACHINE SLICED LF 400 $3.DO $1,200.00 - $0.00 400.0 $1,200.00 25 STREET SWEEPER HR 4 $110.00 $440.00 - $0.00 - $0.00 26 SOD SY 2,400 $4.00 $9,600.00 - S0.00 - 50.00 TOTALS-BASE CONTRACT $748,640.00 $276,945.00 $528,411.00 Ttil'_CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM # 12 AGENDA ITEM: Easement Encroachment Agreement—9986 Tapestry Road N SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS(if removed from consent agendal: - Introduction of Item.....................................................................................Staff - Report/Presentation...........................................................................Staff - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for Gregory J. and Anja K. Metzger at 9986 Tapestry Road North as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an easement encroachment agreement. The City has received a request to install a fence within a drainage and utility easement area at 9986 Tapestry Road North from Gregory J. Metzger and Anja K. Metzger. Approval of the requested improvement within the City's drainage and utility easements would allow the property owners to construct the requested improvement within the City's drainage and utility easements located on their private property. Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: --page 1 -- City Council Meeting [Consent Agenda Item 12] October 21,2014 "Move to approve the easement encroachment agreement for Gregory &Anja Metzger, 9986 Tapestry Road N to install a fence within the City's drainage and utility easement." LEGISLATIVE HISTORY: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the City. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, staff reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If staff determines that the improvement will not negatively impact the functionality of the easement, an approved building permit showing the requested work and an Easement Encroachment Agreement is needed before the work may commence. The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning staff. The proposed fence meets all city code requirements and Staff would have otherwise authorized construction of the fence if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION (SWOT): Strengths: The easement encroachment agreement is a legal document that has been signed by all property owners seeking to install improvements within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: "Move to approve the easement encroachment agreement for Gregory&Anja Metzger to install a fence within the City's drainage and utility easement." --page 2-- THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM # 13 AGENDA ITEM: Easement Encroachment Agreement— 10902 57`h Street N SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adam Bell, City Clerk SUGGESTED ORDER OF BUSINESS(if removed from consent agenda): - Introduction of Item.....................................................................................Staff - Report/Presentation...........................................................................Staff Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for Thomas D. & Jessie N. Pink at 10902 571h Street N as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an easement encroachment agreement. The City has received a request to install a fence within a drainage and utility easement area at 10902 571h Street N from Thomas D. Pink and Jessie N. Pink. Approval of the requested improvement within the City's drainage and utility easements would allow the property owners to construct the requested improvement within the City's drainage and utility easements located on their private property. Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item.from the Consent Agenda, the recommended action can he completed through the following motion: --page 1 -- City Council Meeting [Consent Agenda Item 13] October 21,2014 "Move to approve the easement encroachment agreement for Thomas D. and Jessie N. Pink, 10902 57rh Street N to install a fence within the City's drainage and utility easement." LEGISLATIVE HISTORY: The City holds easements of different sizes and for different purposes on many residential and commercial properties throughout the City. When a resident is interested in putting a structure within an easement, the city has requested the property owner provide a site plan showing where the improvement is proposed to be located, a detail of what the improvement will look like and how it will function. After that information is received, staff reviews the proposed improvement and the use of the easement to determine if the proposed improvement will impede the functionality of the easement. If staff determines that the improvement will not negatively impact the functionality of the easement, an approved building permit showing the requested work and an Easement Encroachment Agreement is needed before the work may commence. The Easement Encroachment Agreement that has been submitted for Council consideration is for a fence and has been reviewed by planning staff. The proposed fence meets all city code requirements and Staff would have otherwise authorized construction of the fence if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION (SWOT): Strengths: The easement encroachment agreement is a legal document that has been signed by all property owners seeking to install improvements within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: "Move to approve the easement encroachment agreement for Thomas D. and Jessie N. Pink to install a fence within the City's drainage and utility easement." --page 2-- THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 CONSENT ITEM# 14 AGENDA ITEM: Consideration of a resolution in support of Sunfish Lake Park as a participant in the Minnesota DNR cross-country ski GIA program. SUBMITTED BY: Alyssa MacLeod, Taxpayer Relations & Communications Coordinator THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Mike Bouthilet, Public Works Superintendent SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Park Commission FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider resolutions in support of Sunfish Lake Park as a participant in the Minnesota DNR cross-country ski GIA program. The GIA program provides limited funds to trails owned and operated by both private trail organizations and local units of government. Trail administration, development, and maintenance costs are divided with the GIA program paying 65 percent of these costs and the local club or sponsor providing the remaining 35 percent. Winter trail grooming costs are divided with the GIA program paying 90 and the local sponsor paying 10 percent. Record keeping by the local sponsor is required, and reimbursement requests are submitted in spring. The City must apply for participation renewal on an annual basis. Reimbursable trail maintenance costs include items such as: Trail grooming(90%) Parking lot maintenance --page ] -- City Council Meeting [Consent Agenda Item 14] August 5,2014 Parking lot and driveway snow plowing Signs I trail map reproduction Portable toilet rental Trail mowing Tree and brush removal If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve a resolution in support Sunfish Lake Park as a participant in the Minnesota DNR cross-country ski GIA program." BACKGROUND INFORMATION: Sunfish Lake Park was reinstated into the Minnesota DNR Grant-In-Aid program for ski trail maintenance in 2009 after a 10-year absence, and has been an active participant every year since. RECOMMENDATION: Staff is recommending that the City Council approve a resolution in support of Sunfish Lake Park as a participant in the 2014-15 Minnesota DNR cross-country ski GIA program. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve a resolution in support Sunfish Lake Park as a participant in the Minnesota DNR cross-country ski GIA program." ATTACHMENT: 1. GIA Sponsor Resolution --page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-84 A RESOLUTION SUPPORTING THE PARTICIPATION IN THE MINNESOTA CROSS COUNTRY SKI TRAIL ASSISTANCE PROGRAM FOR THE MAINTENANCE OF SUNFISH LAKE PARK SKI TRAILS. WHEREAS, Sunfish Lake Park is a unique natural oasis that provides the opportunity for a wonderful cross-country ski experience. WHEREAS, the City of Lake Elmo desires to maintain the cross-country ski trails to be used in a safe and enjoyable manner; WHEREAS, the City desires to take advantage of available financial assistance and resources to cover cost of maintaining the ski trails' NOW THEREFORE BE IT RESOLVED, that the Lake Elmo City Council supports application to the Minnesota Cross Country Ski Assistance Program for the maintenance of Sunfish Lake Park cross country ski trails with Alyssa MacLeod, Taxpayer Relations and Communications Coordinator, named as the program administrator to act on behalf of the City. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS TWENTY-FIRST DAY OF OCTOBER 2014. CITY COUNCIL CITY OF LAKE ELMO By: Mike Pearson Mayor ATTEST: Adam Bell City Clerk Resolution No. 2014-84 THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 REGULAR ITEM# 15 AGENDA ITEM: Well No. 4 Connecting Watermain Improvements—Assessment Hearing on Improvements and Adopting the Final Assessment Roll SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item......................................................................City Engineer - Report/Presentation.......................................................................City Engineer - Questions from Council to Staff.............................................Mayor Facilitates - Open Public Improvement Hearing; Public Input .................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Calling a final assessment hearing follows state statute for assessing benefitting properties for the improvements and adopting the final assessment roll finalizes the special assessments to be levied for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to conduct the Final Assessment Hearing for Well No. 4 Connecting Watermain Improvements and to hear upon any objections to the proposed assessment whether presented verbally or in writing. Following the Hearing, the Council is asked to consider adopting the final assessment roll. The recommended motion for this action is as follows: --page 1 -- City Council Meeting [Regular Agenda Item 1 S] October 21,2014 "Move to approve Resolution No. 2014-85,Adopting the Final Assessment Roll for the Well No. 4 Connecting Watermain Improvements". LEGISLATIVE HISTORYBACKGROUND INFORMATION: On September 16, 2014, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the Well No. 4 Connecting Watermain Improvements. The Project is substantially complete and the special assessments for this project were established as a fixed lateral benefit assessment. Therefore the unit assessments remain unchanged with the final project costs. Pursuant to Minnesota Statutes, Section 429 the Council must declare the final amount to be assessed against the benefitting properties and the hearing on the proposed assessment for these improvements must be conducted. Staff has attached a proposed Final Assessment Roll. The final unit assessment amount for each benefiting property is $2,900. Mailed notice has been provided to each assessed property and notice of the public hearing has been published in the local paper in accordance with Minnesota Statutes, Section 429. The Final Assessment Roll must be certified to the County Auditor by November 30, 2014. RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2014-85, thereby Adopting the Final Assessment Roll for the Well No. 4 Connecting Watermain Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2014-85,Adopting the Final Assessment Roll for the Well No. 4 Connecting Watermain Improvements". ATTACHMENT(S): 1. Resolution No. 2014-85, Adopting the Final Assessment Roll on Watermain Improvements 2. Final Assessment Roll 3. Notice of Hearing on Watermain Improvements --page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-85 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE WELL NO 4 CONNECTING WATERMAIN IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the Well No. 4 Connecting Watermain Improvements. NOW, THEREFORE,IT IS HEREBY RESOLVED, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 4.61%percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY FIRST DAY OF OCTOBER 2014. CITY OF LAKE ELMO By: Mike Pearson (Seal) Mayor ATTEST: Adam Bell City Clerk Resolution No. 2014-85 1 Q Z O O O O O O p 0 0 0 0 m m m rn m rn rn m rn m o W O N N N N N N N N N m N N N N N N N N N N 14 Q Q LL ~ O Z .1 '-1 rl •-1 -- r1 rl •Y '-1 rl 'y N M V1 Vl N V t0 lA 0 CDg g o o o g oN o m o 0 0 0 0 0 0 0 2 N N N N N N N N N N O O1 Of 01 01 O� Of O1 Ol Of Ot F- N N N N N N N N N 0 0 0 0 00 0 0 0 0 N M N N N N p Np N Q N N O O w 0 0 0 0 0 0 0 0 WW W W W W W W W w Y Y Y Y Y Y Y Y Y 03 °� 55g55s5g 0 a 0 z c z z z z z z z z z w w w W w w w w cn ~., � a ¢ aaaaaa F- w 00000000 W W W22222222 W I- W W W W ° � � 35355gS5 CL a �J u+ oomoo �n o �n v+ �onmrmrvrn �nrv �n z0 `i+ �° aavvvcv `o ~2 F- z w W F- a v) z z z z z z z z c7vwi Nv~i < a ¢ aa ¢ a a z rn F Q 00000000 LLJ< Z Z w w w w w w w w ZLL p 2 S W W W W W W W W ° 0 aN85555555g Q 0 o m o o u o n ✓ ° O 0 m r Qi N O� Ill N tll Z -�+ 0vvvCvaa � J q J W Q 3 z a } F- < z a w D z u 0 - u a " J z } z a u r Z Y } a z H J s Z K Z Z Q V QQ w J Z m Y q'S y 0 W 0 a Kg �0 w m Z U O 0 _ <0 -i O a Q w a 0 0 0 z cL 0 } W 4 o yogdw0 `n a Ycr w a Q a 2 l7 ¢ W O 2 0 Co l7 W } Z Z ca LL2 ccOma �n30 � ¢ O w wd ti N M Q U1 �D n oo O1 U U) Z CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the Council Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, October 21, 2014, to consider, and possibly adopt, the proposed assessment against abutting property for the Well No. 4 Connecting Watermain Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • The amount to be specially assessed against each particular lot, piece, or parcel of land receiving an individual service stub located along 501h Street, from the Well 4 site to Lake Elmo Avenue, and along Lake Elmo Avenue, from 501h Street to 43rd Street, is $2,900. You may at any time prior to certification of the assessment to the county auditor on November 21, 2014, pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 (date assessment certified to County Auditor) or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.61 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2015, and will bear interest at the rate of 4.61 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed watermain improvement assessment is $29,000. The City contribution for the watermain improvement project is $521,000. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council is authorized in its discretion to defer the payment of an assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payments. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 16, 2014 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on September 24, 2014) THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21,2014 REGULAR ITEM # 16 AGENDA ITEM: Lake Elmo Avenue Trunk Watermain Improvements—Assessment Hearing on Improvements and Adopting the Final Assessment Roll SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item......................................................................City Engineer - Report/Presentation.......................................................................City Engineer - Questions from Council to Staff............................................. Mayor Facilitates - Open Public Improvement Hearing; Public Input .................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Calling a final assessment hearing follows state statute for assessing benefitting properties for the improvements and adopting the final assessment roll finalizes the special assessments to be levied for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to conduct the Final Assessment Hearing for the Lake Emo Avenue Trunk Watermain Improvements and to hear upon any objections to the proposed assessment whether presented verbally or in writing. Following the Hearing, the Council is asked to consider adopting the final assessment roll. The recommended motion for this action is as follows: --page 1 -- City Council Meeting [Regular Agenda Item 16] October 21,2014 "Move to approve Resolution No. 2014-86,Adopting the Final Assessment Roll for the Lake Elmo Avenue Trunk Watermain Improvements". LEGISLATIVE HISTORYBACKGROUND INFORMATION: On September 16, 2014, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the Lake Elmo Avenue Trunk Watermain Improvements. Special assessments for this project were established as a fixed lateral benefit assessment. Therefore the unit assessments remain unchanged with the final project costs. Pursuant to Minnesota Statutes, Section 429 the Council must declare the final amount to be assessed against the benefitting properties and the hearing on the proposed assessment for these improvements must be conducted. Staff has attached a proposed Final Assessment Roll. The final unit assessment amount for each benefiting property is $2,900. Mailed notice has been provided to each assessed property and notice of the public hearing has been published in the local paper in accordance with Minnesota Statutes, Section 429. The Final Assessment Roll must be certified to the County Auditor by November 30, 2014. RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2014-86, thereby Adopting the Final Assessment Roll for the Lake Elmo Avenue Trunk Watermain Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2014-86,Adopting the Final Assessment Roll for the Lake Elmo Avenue Trunk Watermain Improvements". ATTACHMENT(S): 1. Resolution No. 2014-86, Adopting the Final Assessment Roll on Watermain Improvements. 2. Final Assessment Roll. 3. Notice of Hearing on Watermain Improvements. --page 2-- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-86 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the Lake Elmo Avenue Trunk Watermain Improvements. NOW,THEREFORE,IT IS HEREBY RESOLVED, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 4.61%percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 21 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY FIRST DAY OF OCTOBER 2014. 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Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • The amount to be specially assessed against each particular lot, piece, or parcel of land receiving a new individual service stub located along Lake Elmo Avenue North from 301h Street to future 5th Street is $2,900. You may at any time prior to certification of the assessment to the county auditor on November 21, 2014, pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 (date assessment certified to County Auditor) or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.61 percent per year. Once assessments are certified to the County,the assessments are payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2015, and will bear interest at the rate of 4.61 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed watermain improvement assessment is $92,800. The City contribution for the watermain improvement project is $2,406,000. Written or oral objections will be considered at the meeting.No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council is authorized in its discretion to defer the payment of an assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payments. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 16, 2014 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson,Mayor (Published in the Oakdale-Lake Elmo Review on September 24,2014) THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 REGULAR ITEM # 17 AGENDA ITEM: Section 34 Water& Sewer Utility Improvements—Order the Pressure Reduction Station (PRV) Improvements, Accept Bids, and Award Contract SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Chad Isakson, Project Engineer Cathy Bendel, Finance Director Dave Snyder, City Attorney SUGGESTED ORDER OF BUSINESS: - Introduction of Item..................................................................................City Engineer - Report/Presentation...................................................................City Engineer - 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: $143,000. Project Costs include $93,600.00 for the Hudson Boulevard PRV, $20,253.00 for the alternate add bid PRV in the Savona 2nd Addition, and $29,000 for engineering and contingency. Approval of this resolution commits the council to entering into a construction contract for the project in the amount of$113,853.00 and incurring the other project related construction costs including engineering, construction administration, staking, inspection, and record drawings. The project will be paid through the Section 34 Water & Sewer Utility Extension project fund which has been fully assessed against the benefitting properties. --page 1 -- City Council Meeting [Regular Agenda Item 17] October 21,2014 SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider ordering the improvements for the Section 34 Pressure Reduction Stations to be paid for through the Section 34 Water and Sewer Utility Improvement project funds; accept contractor bids, and award a contract. The recommended motion for this action is as follows: "Move to approve Resolution No. 2014-87, Ordering the Improvements for the Section 34 Pressure Reduction Stations to be paid for through the Section 34 Water and Sewer Utility Improvement project funds,Accepting Bids, and Awarding a Contract to Geislinger& Sons, Inc., in the amount of S113,853.00 which includes the Base Bid and add Alternate No. 1." LEGISLATIVE HISTORYBACKGROUND INFORMATION: The City of Lake Elmo completed the 2030 Water System Master Plan in 2007 which identifies three separate operating pressure zones throughout the City. The high pressure zone is located in the southwest part of the City including most of Section 33 and 34 with the east end of Section 34 transitioning down to the Low Pressure Zone. In 2013, the City completed the Section 34 Water and Sewer Utility Extension project to provide municipal sewer and water service to the undeveloped properties located in Section 34 with the initial phases of the developments to occur on the east side of Section 34 along Keats Avenue. The project was completed as a public improvement project with the costs fully assessed against the benefitting properties. In 2014, both the Savona and Hammes Estates developments received preliminary and final plat approval for their respective subdivisions. Through this process the location of the public right- of-ways, public outlots and watermains were determined. Using this information, the City Engineer, and his consultants, completed water modeling updates and determined the most feasible and cost effective placement for pressure reducing stations to complete a functional water system for all properties. The pressure reduction stations are required to reduce the operating pressures for homes located in the lower elevations such that the water service is delivered to each home at pressures rated for the in house plumbing fixtures. Two PRV stations are required immediately: one located along the Hudson Boulevard trunk watermain and one within the Savona 2°a Addition. The improvements are needed to allow the new buildings and homes to connect to the City water system. Bids were received, publicly opened, and read aloud on Tuesday October 14, 2014. The City Engineer and design consultant has prepared and attached the Tabulation of Bids and a letter of recommendation for the award of the contract. The City received four (4) bids for this project, with Geislinger & Sons, Inc. providing the lowest combination base bid and alternate bid in the total construction amount of$113,853.00. Contractor references for Geislinger & Sons, Inc. were reviewed and verified. The City Engineer and his consultant are therefore recommending that the --page 2-- City Council Meeting [Regular Agenda Item 171 October 21,2014 Council award the contract to the lowest responsible bidder, Geislinger & Sons, Inc., as outlined in the attached letter. The Project was advertised on QuestCDN.com and in the Oakdale-Lake Elmo Review in accordance with the Minnesota Competitive Bidding requirements. The improvements include: • Two precast concrete water pressure reducing valve stations and associated utility and site work. RECOMMENDATION: Staff is recommending that the City Council order the improvements for the Section 34 Pressure Reduction Stations to be paid for through the Section 34 Water and Sewer Utility Improvement project funds; accept contractor bids, and award a contract. The recommended motion for this action is as follows: "Move to approve Resolution No. 2014-87, Ordering the Improvements for the Section 34 Pressure Reduction Stations to be paid for through the Section 34 Water and Sewer Utility Improvement project funds,Accepting Bids, and Awarding a Contract to Geislinger & Sons, Inc., in the amount of$113,853.00 which includes the Base Bid and add Alternate No. 1." ATTACHMENT(S): I. Resolution No. 2014-87, Ordering the PRV Improvements, Accepting Bids and Awarding a Contract. 2. Location Map. 3. Section 34 Pressure Reduction Station Plan. 4. Tabulation of Bids and Engineer's Letter of Award Recommendation. 5. Project Schedule. --page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-87 A RESOLUTION ORDERING THE IMPROVEMENTS FOR THE SECTION 34 PRESSURE REDUCTION STATIONS, ACCEPTING BIDS, AND AWARDING A CONTRACT WHEREAS, the 2030 Water System Master Plan identifies the boundary between the Water System High Pressure Zone and Water System Low Pressure Zone to be in Section 34 due to the significant relief in topography; and WHEREAS, the Savona and Hammes Estates developments have both recently been platted thereby identifying the location of streets and watermains to be installed within their respective subdivisions; and WHEREAS, the City Engineer, and his consultants, have recently determined the locations to install the Pressure Reduction Stations within Section 34 to create an intermediate pressure zone as the high pressure zone transitions to the low pressure zone,and said intermediate pressure zone resides within portions of both the Savona and Hammes Estates subdivisions; and WHEREAS, the improvements are necessary, cost effective and feasible to provide a functional system to deliver the supply of water at safe operating pressures throughout the area; and WHEREAS,pursuant to an advertisement for bids for the Section 34 Pressure Reduction Station, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract for both the base bid and Alternate No. 1 to the lowest responsible bidder, Geislinger& Sons,Inc., in the amount of$113,853.00. NOW,THEREFORE,IT IS HEREBY RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as recommended by the City Engineer. 2. Such improvement is hereby ordered as proposed in this council resolution adopted this 21" day of October, 2014. 3. The improvements shall be incorporated as part of the Section 34 Water and Sewer Utility Extension Improvements project and paid for through funds established for this project including the levying the cost of said improvements to the benefiting properties. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Resolution No. 2014-87 1 5. The City Engineer is hereby designated as the engineer for making this improvement. The engineer,and his consultants,shall oversee the making of such improvement. 6. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible bid,and according to the plans and specifications thereof approved by the City Council. 7. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE TWENTY-FIRST DAY OF OCTOBER 2014. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Adam Bell City Clerk Resolution No. 2014-87 2 O m m m m p w wo Q E £ £ f Z£ O w w w w w LLJ �y O 8 u > > o G z F z £ Z O O O O a U U W � H I— Z L ULU F M Q � � ZOO ,—, z oN Lw riQON Eye ° ul LU ? s w s6 d-q8 C C U Z� `�i u 8 u v �p 4 W tl ff Y LQ r US1� m i� G w W _� Oz cn Um U -r R 1} t �4 o N Z N W W aaa n 0 0�� 1 �3 3 Sao r 06 VAN 0 0 0000 , � tr •._1 � �' ' t or IFS w ! a 1 ' r a F �o t _w _ a � ITY I_ W��1 .Eol - ..� - -- -�-- 1w BOLTON & Consulting Engineers & Surveyors " 2035 County Road D East•Suite B •Maplewood, MN 55109-5314 Phone(651)704-9970- Fax(651)704-9971 www.bolton-menk.com October 14, 2014 Mr.Chad Isakson,P.E. City of Lake Elmo 3800 Laverne Avenue North Lake Elmo,MN 55042 Re: Bid Results Section 34 Pressure Reducing Valve Stations City Project No.2013.126 BMI Project No.N15.106424 Dear Mr. Isakson: Bids for the Section 34 Pressure Reducing Valve Stations project were opened on Tuesday,October 14,2014. Four(4)bids were received and ranged from$93,600 to$137,800 for the Base Bid. A detailed Bid Abstract has been included.The following is a summary of the Bids received: Contractor Total Base Bid Bid Alternate#1 Base Bid+Alternate#1 Geislinger&Sons $93,600.00 $20,253.00 $113,853.00 Meyer Contracting Inc. $113,144.00 $18,579.00 $131,723.00 Northdale Construction Company,Inc. $122,000.00 $35,000.00 $157,000.00 GF Jedlicki Inc. $137,800.00 $46,925.00 $184,725.00 The low Bidder on the Project was Geislinger&Sons with a Total Base Bid amount of$93,600.00. The Bid Alternate can be selected without affecting the low bidder. It is our recommendation to award the Base Bid and Alternate#1.The alternate was for the PRV Station located within the Savona 2"d Addition on 71h Street. If the City Council decides to award the alternate,the Adjusted Total Base Bid amount would be$113,853.00. If you have any questions,please feel free to contact me at 651-728-3172. Sincerely, BOLTON & MENK, INC. 'e 441.., Michael Warner,P.E. Senior Project Engineer Enclosure DESIGNING FOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer � # \ , a & 7 # { � ` \ a � » § � m } 7 u £ ` j a / § % m / E § — � ( 6 � S § ) t § \ \ | ` § k 5 E [ k { _ } ( % } _ § § ° j j ® — % { « = 2 { # 7 G ) \ \ \ \ \ 3 k § \ / b G � \ \ } k cck \ a ® THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: October 21, 2014 REGULAR ITEM 18 AGENDA ITEM: Inwood Booster Station Improvements—Approve Terms for Site Acquisition SUBMITTED BY: Jack Griffin,City Engineer THROUGH: Dean A.Zuleger, City Administrator REVIEWED BY: Adam Bell, City Clerk Cathy Bendel,Finance Director Chad Isakson,Project Engineer SUGGESTED ORDER OF BUSINESS: - Introduction of Item..................................................................................City Engineer - Report/Presentation...................................................................................City Engineer - 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 POLICY RECOMMENDER: Engineering FISCAL IMPACT: $22,500. The City will be paying $22,500 to acquire fee title to the parcel of land identified as the most beneficial site for locating the Water Booster Station along Inwood Avenue and waiving a $5,800 lateral benefit assessment to the property located at 2298 Inwood Avenue. The purchase amount is about 62% of the amount budgeted for this project in the total project costs. The amount is therefore within the Capital Improvement Plan budget, however it is unknown at this time whether or not the land acquisition costs are eligible for reimbursement from the $3.5 million MN-DEED Grant. The land acquisition costs will be funded through the $3.5 million MN-DEED Grant, if found to be an eligible grant cost,or through the Water Enterprise Fund. --page 1 -- City Council Meeting [Consent Agenda Item 18] October 21,2014 SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the Booster Station Site Acquisition Terms as outlined in the City letter dated July 10, 2014. The recommended motion for this action is as follows: "Move to approve the Booster Station Site Acquisition Terms as outlined in the City letter dated July 10, 2014." LEGISLATIVE HISTORYBACKGROUND INFORMATION: The Inwood Booster Station and Trunk Watermain Improvement project is a $3.1 million water system infrastructure project that is needed to deliver city water service to support the growth and development in the I94 corridor, residing in the high water pressure zone. More specifically this project serves the corridor area between Inwood Avenue and Keats Avenue (Sections 33 and 34) that will include the Savona development, Boulder Ponds, Hammes Estates, Alan Dale properties, Azur properties, MFC & CM properties, and the existing properties within the Eagle Point Business Park. This project is programmed for construction in the 2015 Capital Improvement Plan. The proposed improvements include the extension of trunk watermain facilities along Inwood Avenue from 26"' Street North to Eagle Point Boulevard. A water booster station has been identified as part of this improvement to increase water pressures in the southern part of the city due to higher topography. A feasibility report was authorized by the city council on August 6, 2013 in order to ready this project for 2015 construction. The feasibility report identified the need to acquire property in the vicinity of 261h Street North and Inwood Avenue to accommodate the water booster station facility. Over the past year, staff has been working with various property owners and Washington County to negotiate the purchase of the water booster station site and has secured an agreement to acquire a property ideal for the project, subject to council approval. The Site Acquisition terms are outlined in the attached letter dated July 10, 2014.The location of the site is identified in the attached Site Location Map. RECOMMENDATION: Staff is recommending that the City Council approve the Booster Station Site Acquisition Terms as outlined in the City letter dated July 10, 2014. The recommended motion for this action is as follows: "Move to approve the Booster Station Site Acquisition Terms as outlined in the City letter dated July 10,2014." ATTACHMENT(S): 1. City/County Joint Site Acquisition Letter Offer to Property Owner, dated July 14, 2014. 2. Site Location Map. --page 2-- THE CHNOF LAKE ELMO July 10, 2014 Mr.Al Eberhard Via Email Eberhard Trust RE: Inwood Avenue Booster Station City/County Joint Site Acquisition offer-REVISED Mr. Eberhard, Per our phone conversation yesterday please see the below REVISED purchase offer for the Inwood Avenue Booster Station site related to your property located along Inwood Avenue in Lake Elmo; Parcel ID 2102921310001. The revisions now incorporate the additional items agreed to and documented in the City's email dated July 2, 2014.The City of Lake Elmo and Washington County have agreed to make a joint offer consisting of the following terms: 1. The County is offering to purchase future R/W width consisting of approximately 19,650 square feet. This consists of approximately 15 feet of width along the entire length of the parcel which is estimated at 1,310 feet in length. The County is offering between $1.00 and $1.20 per square foot,or$23,580. 2. The County is also offering to identify a future street access for this property to ensure that this property may develop in the future with a full access road to Inwood Avenue. 3. The City is offering to purchase approximately 5,625 square feet of property abutting this new R/W,to be located in the northeast corner of the property.The City is offering$4.00 per square foot for this parcel for the total City offer of$22,500. The City can work with you to prepare a site plan that shares access for the new booster station with the existing farm operations. • The City/County will pay all costs for survey, legal descriptions and transaction costs associated with the purchase and property description changes including recording documents at the County. Your involvement will include review and signature of the closing documents. However, the City/County will not reimburse you for costs incurred by you should you choose to have representation to review documents on your behalf. • The new access road will be a minimum of 20 feet wide and will be a shared access for the Booster Station site and farm operations. • The City will work with you and consider your input to minimize impacts to the farm operations on your property while developing the booster station site plan and defining the final parcel size and dimensions of the parcel to be purchased. 4. The City will agree to waive the proposed $5,800 water lateral benefit assessment associated with the Inwood Trunk Watermain Improvements passing your existing property at 2298 Inwood Avenue North. 5. This offer is valid until 4:00 PM on Friday,July 11, 2014. 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • xvwxv.lakeelmo.org The City believes that this offer is both fair and beneficial to the Eberhard Trust. As discussed over many occasions, the City believes that the true benefit in this offer is the increased future value to the property by ensuring that the City water supply abutting this property is on the high pressure side of the booster station. If the booster station is located to the south of this property the developer will be responsible for the full cost of extending high pressure water to the site at the time of any future development.This is consistent with the City's adopted policy on public improvements. We apologize for having to attach a deadline to this offer but as we have shared with you in the past, the timing for this improvement is critical. Given the time considerations please be aware that the City will concurrently seek alternative sites. Thank you for your consideration. Please contact me at 651.300.4264 should you have any questions. Sinc rely, J ck Griffin, P .,City Engineer Cc: Dean Zuleger,City Administrator I FT ISiteApproximate Booster Station Location 4 I; r � e^• -