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07-07-15 CCMP
Om. iiikrioll /;,. l'rrll'i,.N,ONdlity 1)NNIN• Seivices IN a Fisc,.illy Req'N,Ns/144' .Alatiller l'reselvinj; the (7'!) If OpeN Spda, Character NOTICE OF MEETING City Council Meeting Tuesday, July 7, 2015 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order B. Pledge of Allegiance C. Roll Call / Order of Business D. Approval of Agenda E. Accept Minutes 1. Approve May 5, 2015 City Council Meeting Minutes F. Council Reports G. Presentations/Public Comments/Inquiries • Sunfish Lake Park Nature Center - Tonv Manzara H. Finance Consent Agenda 2. Approvc Payment of Disbursements 3. Accept Finance Report dated May 31, 2015 4. Accept Building Report dated May 31, 2015 5. Section 34 Pressure Reduction Valve Station — Compensating Change Order No. 1 6. Section 34 Pressure Reduction Valve Station — Pay Request No. 3 (FINAL) 7. Production Well No. 4 — Pay Request No. 9 8. Pumphouse No. 4 — Pay Request No. 8 (FINAL) 9. Deputy Clerk PTO Payout I. Other Consent Agenda N. Ownership and Maintenance Agreement — 11732 58°' St N it Encroachment Agreement — 528 juniper Ct N J. Regular Agenda 12. Eagle Point Boulevard Street Improvements — Accept Bids and Award Contract; Resolution No. 2015-55 13. Water Booster Station — Approvc Land Purchase 14. 2015 Bond Rating Report — Moody's 15. Lennar Twin Home Preliminary Plat (Diedrich Property); Resolution No. 2015-56 16. Request from Verizon Wireless to Formally Address the Council — Ideal Ave. and Langley Ct. Sites — Lease Agreements 17. Appointment of City Clerk 18. Request to Fund Services for Code Enforcement Case 19. City Clerk Severance Request 20. Council Meeting Decorum (Fliflet Request) 21. Interim Ordinance; Ordinance 08-12.3 (Fget Request) 22. Discussion of Old Village Work Group (Fliflet Request) K. Staff Reports and Announcements L. Adjourn LAKE ELMO CITY COUNCIL MINUTES MAY 5, 2015 CITY OF LAKE ELMO CITY COUNCIL MINUTES MAY 5, 2015 Alavor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Fliflet, Smith, Bloyer and Lundgren Staff present: Finance Director Bendel, City Attorney Snyder, Community Development Director Klan, City Engineer Griffin, Fire Chief Malmquist, City Administrator Zuleger, and Deputy Clerk Gurnatz, PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Council lember Bloyer moved TO APPROVE THE MAY 5, 2015 CITY COUNCIL AGENDA AS AMENDED. Alyor Pean.on scowled the motiom Council Member Lundgren pulled Item 3 for discussion. MOTION PASSED 5-0. MINUTES The Council discussed changes to the submitted minutes. THE APRIL 7, 2015 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS. THE APRIL 14, 2015 SPECIAL CI1 Y COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: meetings with staff, sat in on Finance Committee meeting, met with Ginny Holder from Cable Commission regarding Comcast merger. Council Member Smith: requested to hold her report to end of meeting. Council Member Fliflet: finance committee meeting regarding downtown street assessments, meetings with staff and citizens, had a meeting with Fire Chief and City Administrator regarding street naming. Council Member Bloyer: attended Finance Committee meeting, spoke with residents reganiing downtown 30,h St. issues, commended Lake Jane residents for contributing to fund milfoil treatment, thanked Washington County and DNR for grant to deal with milfoil issue. Council Member Lundgren: farmers market meeting, location will be in Hagstrom's cowlyard, 6 to 7 core members working on farmers market, Adam working on water cooler, spoke with attorney regarding council driven workshop, would like to have environmental work group going in city. PUBLIC COMMENTS /INQUIRIES Nate Deprey, Lake Elmo Librarian — Library has expanded its hours on Monday and Wednesday. Now open Monday through Thursday, 10am-8pm. As of May 1, residents no longer need to be reimbursed by the city for a Washington County Lihnuy Card. Mr. Deprey also outlined some upcoming programs at the LEPL. PRESENTATIONS Lake Elmo Jaycees — presented two donations. One donation to the City and one donation to the Fire Department to purchase two defibrillators. Stillwater Area School District Bond 2015 — Dennis Bloom, Director of Operations for Stillwater Area Public Schools, gave a presentation regarding Stillwater Area Public Schools bond request. There was discussion about whether or not the new elementary school would be able to house all the students that may come to Lake Elmo with all the new development, Mr. Bloom stated that their plm allocates for population growth for about the next 10 years. Page 1 of 5 LAKE ELMO CITY COUNCIL MINUTES MAY 5, 2015 First Quarter 2015 Financial Snapshot Report - Finance Director Bendel gave a presentation on the First Quarter 2015 Financials. Actual revenues for the first quarter were 23% below budget. Actual expenditures for the first quarter were 12% below budget. Finance Director Bendel also recapped the Library budget, Streets budget, and the Enterprise Fund. PROCLAMATION Mayor Pearson read the PowerUp* and PowerUp 4Kids Week Proclamation. FINANCE CONSENT AGENDA 2, Approve Payment of Disbursements and Payroll MOTION: Coami / Member Bloyer moral TO APPROVE THE FINANCE CONSENT AGENDA. Low' Pearson Ronda' the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA Kenworth); Ordinance OS 119, Resolution -Nth 2015 29 (1/ pulled for discussion 4. Downtown Street, Drainage and Utility Improvements - Resolution Restricting Parking along Laverne Avenue and Upper 33rd Street North; Resolution No. 2015-30 MOTION; Countil lember Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Blqyer seconder/ the motion. MOTION PASSED 5-0. ITEM 3: ZONING TEXT AMENDMENT — FREESTANDING FREEWAY SIGNS (RIHM KENWORTH); ORDINANCE 08-119. RESOLUTION NO. 2015-29 (4/5 VOTE REQUIRED). Council Member Lundgren asked why the applicant didn't apply for a Variance. Community Development Director Klatt responded that the applicant felt their request could apply for all properties along 1-94 and not just their property and, they are asking that the city go back to the way the code was before the 2013 sign code update. The previous code did allow for larger signs along the 1-94 corridor. There was discussion regarding the gateway condor corning through this area as well as discussion of the lighting of signs. Community Development Director Klatt outlined the Planning Commission's reasoning and their recommendation. MOTION: Connell Member Bloyer mom/ TO ADOPT ORDINANCE 08-119, AMENDING THE SIGN ORDINANCE TO ALLOW FREEWAY SIGNS ONLY FOR COMMERCIAL PROPERTIES WITHIN CLOSE PROXIMITY TO 1-94. Mayor Pearson seconded the motion. There was further discussion regarding design standards of signs. Community Development Director Klatt explained the difference for businesses located on the freeway in regards to speed limit and distance from the road. Council Member Smith moved the Parlous Onestion (4/5 VOTE REQUIRED). MOTION FAILED 3-2 (PEARSON/BLOYER — NA 1). Community Developinent Director Klatt reiterated that because this i.s an applicant diiven request, Council needs to be clear on findings made whether they approve or deny the application. There was further discussion on what findings Council is making. ORIGINAL MOTION FAILED 2-3 (FLIFLET/SMITH/LUNDGREN - NA 19. Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES MAY 5, 2015 Community Development Director Klatt was instructed to bring back a resolution v,ith findings of fact at a future meeting. REGULAR AGENDA ITEM 5: HUNTERS CROSSING 2ND ADDITION FINAL PLAT; RESOLUTION NO. 2015-31, RESOLUTION NO. 2015-32. Community Development Director Klatt gave a presentation regarding the Hunters Crossing 2r'd Addition Final Plat. He noted that Phase 1 final plat has been previously approved. The second phase includes 8.75 acres and 29 single family lots. It was noted that this subdivision is consistent with the preliminary plat. Mr. Klatt also explained that Resolution No. 2015-32 is needed in order to set a public hearing date to consider the vacation of mad, drainage and utility easements within the Hunters Crossing plat. Mr. Klatt also went over the 9 conditions of approval as recommended by staff. 'There was discussion about there being a Laverne Avenue in this plat, even though it dead ends elsewhere in the city. Community Development Director Klatt explained that the first phase of this development has already been recorded with the county with that street name, and there are also two model homes being built in the development that have addresses assigned. He also explained that having streets that don't follow through like this is not unusual. MOTION: Council Member 137,2yer moved TO ADOPT RESOLUTION NO. 2015-31, APPROVING THE FINAL PLAT FOR HUNTERS CROSSING 2ND ADDITION INCLUDING 9 CONDITIONS. ,11tior Pearson seconded the protion. There was further discussion regarding c 8 e Laverne Avenue street name. MOTION TO AMEND: Counei/ filet/the,- FI{Ilet moved to amend TO DIRECT THAT IAVERNE AVENUE NORTH BE RENAMED TO SOMETHING ELSE UNLESS THERE'S SOME SORT OF LEGAL REASON WE CA1V'T FOR 15T AlVD 2ND ADDITION. Comoil fllember Lundgirti seamded the motion. There was more discussion regarding street names, MOTION TO AMEND WAS WITHDI?AlVN. ORIGINAL MOTION PASSED 5-0. MOTION: Council Member 171///ei` moved THAT IF THE STREET DEAD ENDS, SO DOES THE NAME. Council Alember Llindsm, .reconded the motion. There was additional discussion regarding street names and what other cities do. Jinn Ogren, 11790 Little Bluestein Court, stated that he doesn't understand why this item has not been put on the agenda. He thinks that many residents would want to weigh in. Dave Moore, 8680 Stillwater Boulevard, spoke out how the country was originally laid out in a grid system. He also stated that street names stay the same throughout the entire county. MOTION PASSED 3-2 (PEARSON/BLOIER — NAY). MOTION: Council lember Bloyer moved TO APPROVE RESOLUTION NO. 2015,32, A RESOLUTION CALLING FOR A PUBLIC HEARING TO VACATE A PUBLIC ROADWAY A1VD DRAINAGEAND UTILITY EASEMENTS, Comicil fllember Smith seconded the motion. MOTION PASSED 5-0, ITEM 6: HUNTERS CROSSING 2ND ADDITION DEVELOPERS AGREEMENT; RESOLUTION NO. 2015-33. Page 3 of 5 LAKE ELMO CITY COUNCIL MINUTES MAY 5, 2015 Conununity Development Director Klatt stated that this agreement follows the model that has been used for other developments in the city. The overall project will include road and utility improvements. The total cost for the improvements is estimated to be 51,6 million. There were general questions from Council regarding the developer agreement. MOTION Colimil Meml2er Bigler mmed TO ADOPT RESOLUTION NO. 2015-33, APPROVING THE DEVELOPERS AGREEMENT FOR HUNTERS CROSSING 2 ADDITION. A lqyor Pea/cod secoaded the motion MOTION PASSED 5-0. ITEM 7: VILLAGE PRESERVE FINAL PLAT: RESOLUTION NO. 2015-34. Community Development Director Klatt presented the Village Preserve Final Plat, which has been submitted by Gonyea. This is the first phase of a 91 unit residential subdivis* ion, which is slightly lower than the preliminary plat. Phase 1 is comprised of 25.64 acres and 46 single family lots. Al] lots would be accessed from Lake Elmo Avenue. Mr. Klatt also outlined the 11 conditions of approval as recommended by staff. Council Member Lundgren asked about the developer agreement and why it is not also being brought to council at this time. Community Development DU-ector Klatt stated that there are still some issues being worked out. At this tirne, staff is comfortable moving the plat forward without the developer agreement. Having the developer agreement executed is one of the 11 conditions of approval before the plat can be recorded. Council Member Fliflet asked if we have 42iid Street elsewhere in the city. It was indicated that there is another 42rid Street in the city. There was discussion about what to rename a numbered street. MOTION: Comni/ lember Lundgen mord TO ADOPT RESOLUTION NO. 2015-34, APPROVING THE FINAL PLAT FOR THE FIRST PI -LASE OF THE VILLAGE PRESERVE RESIDENTIAL SUBDIVISION WITH 11 CONDITIONS OF APPROVAL AND CHANGING THE NAME OF 42vo STREET. Council Member Fld'let seconded the motion. MOTION PASSED 5-0. There was discussion regarding the street names of this plat. ITEM 8: APPROVE SALE OF AERIAL FIRE TRUCK, Fire Chief Malmquist discussed the sale of the aerial fire truck The Pound, WI fire department has put in an offer. They have come to look at the truck and put down a deposit. MOTION: Council :Vember 13/over mord TO APPROVE THE ACCEPTANCE OF THE OFFER TO PURCHASE THE CITY OF LAKE ELMO USED LADDER FIRE TRUCK BY THE POUND FIRE DEPARTMENT IN THE AMOUNT OF $12,500.00, WITH THE NET PROCEEDS OF $11,250.00 TO BE USED FOR ADDITIONAL BUILD OUT ENHANCEMENTS TO THE NEW FIRE TRUCK C01117iil Member Limd_gren seconded the motion. MOTION PASSED 5-0. ITEM 9: APPROVE HIRING OF TAXPAYER RELATIONS COORDINATOR. City Administrator Zuleger explained the Taxpayer Relations Coordinator position. Mr. Zuleger stated that these duties are currently being split between the City Clerk, Deputy Clerk, and himself. Council Metnber Fliflet asked if hiring and firing authority rested with the Council or Administrator, Attorney Snyder stated that lower level employees are hired and fired by the Administrator subject to advice and consent of the Council. There was further discussion about the job duties of this position and why it is needed. Dale Dorsclmer, 3150 Lake Elmo Avenue, stated that he does no council to support employees and let the administrator do his job. nth the council's decision. He wants Page 4 of 5 Council's direction was to hold off on hiringhinng this position. NO FORMAL ACTION REQUESTED. ITEM 10: APPROVE HIRING OF RECEPTIONIST. LAKE ELMO CITY COUNCIL MINUTES MAY 5, 2015 As with the Taxpayer Relations Coordinator, council's direction was to hold off on hrmg this position. NO FORMAL ACTION REQUESTED. Mayor Pearson noted that there will be no more Mayor's corner in 171e Sailice. ITEM 11: GROWTH MANAGEMENT STRATEGY PREVIEW. Council Member Fliflet talked about her reasoning for putting this item on the agenda. Community Development Director Klatt gave a presentation regarding Grown Management Strategies. Mr. Klatt outlined 3 Growth Management Recommendations: 1) Adhere to Phasing Plan as adopted in. the Comprehensive Plan, 2) Di -aft a "Phasing Plan Policy" document to clarify the city's intent concerning the in' iplementation of this plan, and 3) Begin the process for drafting an interim Comprehensive Plan Amendment for I-94 and rural development areas. Mr. Klatt also discussed the upcormng 2018 Comprehensive Plan Amendment. There was further discussion regarding the upcoming Comp Plan Amendment, NO FORMAL ACTION REQUESTED. STAFF REPORTS AND ANNOUNCEMENTS Council Member Smith: met with Jack about possible booster station location. Read letter from Richard Smith. City Administrator Zuleger: worked with Nick, Kyle and Cathy on tax split with Boulder Ponds and Bremer Bank, 5 year financing plan with Washington County for downtown, working with Park Commission on Sanctuary Park, U-nprovements in Pebble Park and their master plan for Tablyn Park this year, worked with MnDEED on paperwork for $3.5 million bonding money, team building with staff. Deputy Clerk Gumatz; noted that ISD 834 Special Election is next Tuesday, May 12. Voting takes place at City - Hall. Finance Director Bendel: finance conimittee meeting last week, audit wrap up, 2015 bonding preparation. City Attorney Snyder: noted Council Driven Workshop coming up in a few weeks. Community Development Director Klatt: Washington County Parks Department holding an open house to talk about amendment to the park plan. Mayor Pearson adjourned meeting at 11:22 pm. ATTEST: Beckie Gumatz, Deputy Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 5 of 5 TuUr earl LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: IAY CO N/C rI.N DATE: July 7, 2015 CONSENT ITEM #2 MOTION Approve Disbursements in the amount of $300,984.10 Cathy Bendel, Finance Director Cathy Bendel, Finance Director 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: $292,984.10 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $300,984.10. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page City Council Meeting July 7, 2015 [Consent Agenda It&n 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 $ 11,532.05 Payroll Taxes to IRS & MN Dept of Revenue 6/25/2015 ACH $ 6,100.38 Payroll Retirement to PERA 6/25/2015 DD6401-DD6428 $ 28,847.96 Payroll Dated (Direct Deposits) 6/25/2015 42932-42960 $ 66,013.35 Accounts Payable 6/30/2015 42961-43057 $ 188,250.36 Accounts Payable 7/07/2015 2734-2737 $ 240.00 Library Card Reimbursement 7/07/2015 TOTAL $ 300,984.10 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 $300,984.10. ATTACHMENTS: Accounts Payable — check. registers -- page 2 -- Accounts Payable To Be Paid Proof List 1.1ser: PattyB Printed: 00/30/2015 - 2:53 PN1 Batch: 010-00-2015 I tiN nice # Inv Dale Amount Quantity Pint Date Description Reference IZOS Cily or IZosevi I le 22(126900(20/2015 7.951.47 0,00 07/07/2015 Monthly IT - July 101-410-1450-43180 In km -nation c.'elmologyiNVeb 2/0269 Total: 2,951.42 220390 00.06/2015 107.04 0,00 07/07/2015 Phones - Admin 101410-1320-43210 Telephone 720390 00/70/201 5 7.00 0.00 07107/2015 Phones - Building Inspection 101-4120-2400-43210 '1 elepholie i> )0390 06/26/2015 I 7,00 0.00 07307/20 I 5 Phones - Communication 101-4 10-1450-43210 Telephone 1,0390 00120/2015 17.00 0,00 07/07/2015 Phones - Engineering 101-410-1930-43210 Telephone 220390 06/70,,2015 31.00 (WO 07107/2015 Phones - Finance 101-410-1520-0210 Telephone / /0390 06/202015 47.15 0,00 07/07/2015 Phones - Planning 101-410-1910-43210 Telephone 22039(1 00/26/20 I 5 22465 0,00 07/07/2015 Phones - PW 101-430-3100-43210 Telephone 220390 -Fotal: 464.44 CTY1.0S EV Total: 3,415.80 D(l)GE Dodge Nature Center 13/32 05/05/1015 140.00 0410 07/0712015 Outreach program 2116-450-5300-42500 Library Collection Maintenance 13332 Total: 140.00 DODGE Total: 140.00 NCPERS 500200-NCPE1LS Minuesota 56i, )715 00r/3r2015 128,00 0,00 07/07/2015 July Premium 101 -000-0000-2 1 708 Other Benefits 5062715 otal: 128.00 AP - To Re Paid Proof' List 000130/15 - 2:53 BM Task Type PO tt Close POI,ine No 0000 No 0000 No 0000 No (4)(10 No 0000 No 0010 No 0000 Nu 0000 NII 00111 No 0000 Page 1 Invoice # Inv Date Amount_ Quantity Vint Date Description Reference Task Type l'()/1 Close POLine tt NCPERS Total: 128.0(1 NORMAN Norman James, ITC 06/311.01115 I ()1-111,1(1-01)(10-3 1010 Current Ad Jacs NORMAN Total: 3.628.08 (1.110 07/07%2015 'Fax abatement 3.0'28,68 3,08.68 No 1)(1111) POSTOFF1 Postmaster 0(ii24E )015 578,88 11.00 07/0712015 Postage for newsletter No (100() 1111-4111-1450-13220 Postage Total: 578.88 POSTOFFI Total: 578.88 Report I otal; 7,891 42 AP - To fie Paid Proof -List 111O/3t)(15 - 2:53 PM Page 2 Accounts Payable To Be Paid Proof List (ker., Paity0 Vrinted: 06:30/2015 - 2:41 1)1v1 13atch: 009-06-2015 Invoice tt loll Dale LENA112 ,XICAir Apparatus, Inc 27781 06'24/2015 I 0 I -42a-7220-44040 Repairsifklaint Eqpt 27781 1 oldl: LEXA1R Ali IRE Allure 06.,17/2015 100-450-5300-42500 Library Collection tvlaintenance. rota!: ALUM E Total: AM AZONIN Ama7on Inc 05/100015 206-450-5300-42500 f.ibrtny Collection fvlainlenance 115/102015 206-450-5300-120011 ()Bice Supplies 05/10/2015 206-450-5300-42500 Library Collection Maintenance 1.15i111/2015 200-150_5300-42500 Library Collection klaintenarice 0510,'21115 106-450-530o-42500 Library Collection Maintenance 05fl 0/2015 200-450-5300-47500 Library Collection Maintenance AM A7_0N IN Total: ANC:0Ni i\ WON! C.otkinlunicalions, Inc. 53731 06/73/2(115 4114480-80011-455(111 Vehicles 53731 'Imo': Amount Quantity Felt Dale Description Deference Task pe 1'0 It Close POLitie /t 735.00 0,00 07/07/2015 Annual maintenance 7354)(1 735.0(1 10.00 0,00 071072015 Subscription 10,00 10.00 S110,66 0.00 117407/2015 Adult Books 118.67 0.00 07/07/2015 Supplies 27.49 0.00 07/07/2015 Audio 192.80 0.00 07/07/2015 DVDs 457,32 1400 07/07/2015 JUV -61498 (((1(1 071077'2015 Credit memos 1.535.96 1,535.96 8,527,00 0.0)) 07;0712015 Install radioiiincrconi in new ladder 8.527.0(1 AP -F Be Paid Proof' List (06/30/15 - 2:4) l'iM1 No (HAM No 0000 No 0000 No (11)11(1 No ((00(1 No 11000 No (1(100 No (10110 Invoice II Inv Pate AN(:01\ 1 final: ASITNNI1 spell I\ 1 ilk, Inc. 166092 0644150015 101-430-32211-44170 1 InilOrnis I 66092 Total: ASPENIVII [Mal: BEE111 VE Beehive Industries 1..1.0 1249 0(03/2015 101-430-3120-43180 Software Suppoi 114 k) 0(030015 601-494-9400-43180 Software Support 1119 06173/2015 602-495-9450-43180 Software Support 1249 06/23/2015 03-496-9500-431841 Software Support 1249 Total- BETI-11 •1 Mak BERKLEY Insurance Trust League of MN Citie 30168 06:15/2015 101 -41[1- I 11(1-41510 Workers Compensal ion 30168 06.15/2015 I 01-4 I 0-1320-41510 Workers Compensation 30168 0605/2015 1111-410-14511-41510 \Vorkers Compensation 30168 06,15/3015 I 01-41(41520-41510 \Vorkers Compensation 3010 (16115;2015 101-111)-191(1-41510 Workers (-ompensation 30168 06/15'7015 101-420-2220-4 1Vorkers Compensation .;(1168 06/15/2015 I 01-420-3400-41510 Workers Compensation 34)168 06(15/2015 101-410-3100-415 10 Workers Compensation 30168 06/15/2015 101-450-5 )00-4151(1 Workers Compensation 311168 06.'15/2((15 (,(11..494_4'.400_415it) 'Workers. Compensation 30168 Il0'15/2015 nti2-495-9450-115 I 1Vin-kers Compensation Amount Qaanlity Plat Date Description 1(efereace l7lsk Type r() ti Close POLiiiie 11 8.527.(/0 52.95 0.00 07/07/2015 Uniform items for Cy. Malmquist 5 3.95 53.95 3.301.00 3,301,00 3,301.00 1,105.110 13,09gm0 13.098.00 0.00 07/07/2015 Street License Renewal 0.00 07/07/2015 Willer License Renewal 0.00 07,117/2015 Wastewater License Renewal OM() (17107/2015 Storimv{aer License Renewal 8.85 11.00 07/07/2015 Balance due WC 2014 224.43 0.00 07/07/2015 Balance due WC 2014 26.28 0.00 07/07/2015 Balance due WC 2014 124.85 0.00 07/07/2015 Balance due WC 2014 211,50 0,00 07/07/2015 Balance due WC 2014 2,853.74 (WO 1)7;07/2015 Balance due WC 2014 133.58 0.00 07/07/2015 Balance due WC 2014 2,148.20 0,00 07/0712015 Balance due WC 2014 986.16 0,00 07707/2015 Balance due WC 2014 336.49 ()MO 07/07/2015 Balance due WC' 2014 208.I6 0.00 0707/2015 Balance due WC 2014 - jo 13e land proof List (116/30/15 - 2:41 PI \ No No No No No 110011 No 0000 No (MOO No 0000 No 01101) No 0000 0000 No 000)) No 0000 Nil No 1)(11)(1 Page 2 III VIlleC tt 11111V Date 30168 06/15/2015 603-490-9500-41510 WorkersCompensation 30168 Total: BERK LEN" Total' I3IFFS Bill's Inc. 1-1•564 >7 I -5b4280 06/24/2015 101-450-5200-/141211 Rentals - Buildings W564271-5(028)) Total: 1311/TS Fowl: 1101.TONIME Bolton lenk. Inc 0179109 06,17'2015 602495-9-1511-43030 Engineering Services 0179109 1 ()tar. BOLIONME Total; !BERL Buberl Black Dirt, Inc 17173 06;03/2015 101-430-3 1'0-42240 Street Maintenance 1\ literals 17173 Total'. BUBEIth 1 utak Amount Quantity Vint Date Description Reference Task Type PO # Close l'OLine 220.71 0.00 07/070015 Balance due WC 2014 7,482.00 7,48'7.00 820.00 0.00 07/07/2015 Portable Restrooms - Parks 826.00 82(t 110 9,608.00 0,00 07;07/2015 20 I 4.131 3911) Street 0,608.00 9,60S.00 04.00 0.00 07/07/2015 Garden miN 64.00 64.00 IDN117,1V1 B Cardmenther Service 612015 06/1812015 762,94 40-1-480-80(10-45300 Innrrovemcnts ()titer han 131dgs 1-'182015 06,18.0015 644.60 404-180-S000-45300 Improvements Other 1han Bldgs 6182015 00'1812015 53.51 101-4 41-2110--14300 Miscellaneous 6181015 06/187015 710,01) 101-420-2220-4-1370 Conferences & Training 6152015 06/1Si)015 76,75 I 01-420-2400-4500 Equipment 0182015 06;18/2015 85,28 -42022400-42120 Fuel, Oil and Fluids 6182015 06,181015 -221.00 101-410-1.120-44300 Pliseelkineous (.1182015 (16i18,-)015 29.00 WI -41 0-1370-4•1330 Dues & Subset -unions 6182015 INi21115 371.71 101-410..10.10-42230 Building Re1iir Supplies AP - 10 Be Paid Proof List iti6i,3015 - 2-/11 1-`1\11 IWO 07/07/7015 Trees - Arbor Day 0.01 07/117/2015 Bench - Sanctuary 0,00 07;07:2015 Holiday 0.00 07/0712015 1/COS registration 0.00 07/07/2015 FyclVellr, first aid kit 0.00 07/07/2015 Fuel 0.00 07.07/2015 lintel reimbursement 0.00 07/07/2(115 Finance & C'timmerce 0.00 07/C17;2015 Water ('ruler lOr City Hall No 0001) No 11010 No 0000 No 00(10 (1001 No 0000 0000 No 0000 No MOO 0110() No MOO No NMI I No((1)01) twee Invoice # hil Pale 6182015 06/1872015 101-410-1940-42230 Building Repair Supplies 6182015 total: CARLY\ I EM13 Total: CARQUES C.`ar clues( Auto Paris 2055-349810 06102/2015 101-430-3100-42150 Skop Materials 205.5,-349:810 (nal, 2055-349981 06/04/2015 101-450-5200-42210 Equipment Parts 2055-349981 fotal: 21...2..3101.33 06/118/2015 101-430-31 20-422I0 Equipment /142-303133 Toial: CARQUEST Total: CENIPOW Century Power Equipment 659834 06011/2015 1111-150-5200-42210 Equipment Paris° 659834 Total: CENTPOW Total. CENTURYL Con urylink 06192015 06/19/2015 2116-450-5301-432111 Telephone 06192015 06/19/2015 206-450-5300-43250 Interne( 06192015 Total: CENTIJRYL Total: COI 1)1VE1.4 C'olchvel 1 Banker Commercial 40,15 0610,2015 -)06-450-5300-44010 lepairsiklaint Bldg 40351 rota': D \VEL_ Total: 1)E1'R.E1' Deprey Nate 06,;(11!2(115 206-150-5300-42500 Library lection Maintenance P - 1 o 13c raid List 016.:30,15 - 2:41 1"1\11 Amount Quanlily Pint Pate Description Reference Task Type 1'0 it Close IM /Line ti 6.35 0.00 07/0712015 eysisupplies 2,468,18 2.468.13 9.75 0.00 07107/2015 Wire 9.75 19.20 0,00 07107/2015 Parts 1 9.",(1 38.14 1).110 07/07/2015 Bobcat trailer parts 38 1-1 67.09 3.84 0.00 070712015 Parts 3.84 3.84 128r)1) 0,1)11 07/n7/21115 Plume - Lihrary 4403 (L00 07f1/7/2015 Internet - Library 173. 13 173,13 3,4 15.23 0400 (17/07[2015 New AC unit 3,415.28 3,915.28 31,18 0.00 07:07;2015 ['roam supplies No 110011 (1111111 No 11(1011 No 1(000 N44, 01410 No 0000 No MOO No (0)111/ Pmge 4 Invoice # Inv Pale 06101/2015 306-450-5300-42500(wary Colledion Nlaintenanee Total: DEMEY DONALDS;\ Donald SaIverda & Associates p_r504-213 06/17/2015 101-4 10-1.320-44350 Books 1-1504-213 -Total: DONALDSA Total: LAVIN(DM, INC. 210552 06/091-.P015 101-420-2220-44040 RepairsiNlaint Eqpt 210552 Total: [)WIN(' E.(3.1WD F.G. 141d & Sons, he, 30875 0604-.2015 404-4S0-8000-43050 Usher Park Ded Pro/Services 31)875 Total: E.G.RIED 1otal: 1700 PLIBL.I ECNI Publishers.. Inc 229534 00/14:2015 I 1-430-3 I 00-41.4300 kliseellaneous 7)79534 06/ 44/2111 5 10 1-450-5200-44300 Miscellaneous 220534 Total: 231 71)0 06i71;2015 I 01 -430-3 100-4-1300 kliseellancouy,, 131700 06/21121115 101-150-5200-44300 Miscellaneous 231 700 Total: liC111PUBLI 4,.,1-1.343.1()R 13joiktrian Burh 06/190015 101-410-141(1-41030 Pal Milne Salaries I otah. - 1 Ile Paid Proof' list (0030/15 - 2:4 I ['NI ) Antonia Quantity hut Dale Description Reference Task Type # (lose POI :Inv (.0.0r) 93,18 91.18 o4 95 60.05 60.Q5 I 4-1.9 144.99 141.99 776,75 776.75 776.75 1 16.55 1 16.55 233)0 116.55 I 16,55 233.10 406.20 80.00 80.00 0,00 07,, 07/2015 Program prizes 0.110 07/07/2015 Books 0,00 07,07/2(1)5 Repair floating pump and generator HAW 07107.,20 15 Car; iage Station revisions (400 07/07/2015 I lelp wanted ads 0,00 07107/2015 Help warned ads 0.0(1 07i07/2015 Help wanted ads 0.00 07107/.)(11 5 liclp wanted ads (4)10 07/07/2015 Special Election 5/12/15 No No N4I No No Nt Nt 11(((1(1 111100 (10))0 0(11111 0000 0(10 18100 10(10 Page 5 Ippvivt t Ins Valle Amount Quaillily Piiil I)ate Deserip 1Zeferoice Task "Irype 1'0 it (lose r()I 1.i.1-t313.10R Total: F„1-13SCIIU Schumacher Rih (161eNi20 15 101-410-1410-41010 Part-time Salaries Total: FidiSCIAU \1'i\ ‘Vacker iirt,20/2015 101-110-1410-41030 Part-time Salaries otal: j_13 \v,\(:K Carlson Janet 1(r--c29/2015 101-2110-1410-41030 Pori -time Salaries Total: N.1-CARJA LI Carlson James 01)09r)015 101 —110-1411/-41030 Part-time Salaries E..1-('ARIJ 1 otal: F.1-.IALLE Allen Jim 101-110-1410-4111.10 l'art-time Salaries EJ-JALLE Es1-.1KIF(i Kielner Jan 06292015 101--110-1,410-41030 Part-riine SalarieFul E-,IME(3 Total: i\r 13(.. Paid ()root' List (06,'311i15 - 2:41 S().00 8(1.00 0.00 07/07,20 I 5 Special Election .5/12/15 No 00101 SUMO SUMO 75.00 0.00 07/0712015 Special Election 5'12/15 No 0000 75,00 75.00 75.00 11.110 07,117:0015 Sp(..cia1 Election 5/1215 No 0000 75.00 75M0 S0.00 0.00 07/07/2015 Special Election 5/12/15 No 0000 80.00 SUMO IS1.50 ((.00 07M7/2015 Special Election 5/12/15 No WOO IS 1„50 181,50 75.00 0.00 07/07/2015 Special Election 5/12/15 No 0000 75.00 75.00 Page () Iij (iit( t Inv Ow ,A moon( Quantity Pint Date Ilescriplinu Reference Task v e PO IV Close POLine E.1-.1KRUF Krueger Tin (16, /9/7015 75.00 0.00 07107/2015 Special Election 5/12/15 0000 101-410-1110-11030 Port -time Salaries Total: 75.00 E.E.11(1W Total: 75,00 EJ-.1R0-111 Rh lii 06)9/2015 75,00 0.00 07;07/2015 Special Election 5/12/15 No (11111(1 I 1/(-11(1-1,1111--110311 Salaricq Total: 75,00 Ei,uurit "Iota!: 75.00 C_1-1,1N1)13 Lindberg 1Margitta 06129;2015 75,00 0,00 07./07/2015 Special Election 5;1?/1 5 No 00011 101-410-1-110-41030 Part-time Salaries Total: 75..00 EJ-1_1N1)13 Total: 75,00 EJ-1,\VAGN Wagner 06/19/21/15 80.00 0,00 07107/2(115 Special Election 5/12/15 No 1)1)00 101-410-141 0-41{00 Par( -time Salarieq Total: 8MT10 F_J-L NVAGN 80.00 E.1-1D,A121\1 Menendez Armando 00129/7015 75,00 0,00 07107/2015 Special Election 5/12/15 No 0000 _4 [0_1.4 0_110311 Parl-liltae Salaries 75,11(1 IDARM Total: 75.00 FT-klENL1_ klenendez Ella 06/29/2015 80,00 (WO 07;07/2015 Special Election 5/12/15 No (1(10)) 11) 1(1-14 II-4 1030 Part-time Salaries 80.00 FI-NIENEL 80.00 NJ-1\1G12UN laTundeett Mar' 06/2913015 75.00 0.00 07107/2015 Special Election 5/12;15 1111-410-14111-411130 Patt-iime Salaries Total: - 13e Paid Proof List 111(0015 - 2:41 PNI1 Page 7 o Iui I)ate Amount Quartthy Date Description Reference Task E.I-MGRUN I Mal: 75.110 I .) Pe PO # Close 1'01 :hie # FJ-NHANS 1 hinscn Nancy 061)0,2015 80,00 1400 07107/2015 Special Election 5/12/15 No (10(10 101 —110-1410-41030 Part-time Salaries 80,110 FJ-NIIANS Total: 80.00 E4-1'0DON O'Donnell Pat 06/29121115 80.00 0,00 07i07/2015 Special Election 5/12/15 No (1000 1111 -4 I 0-14 0-411130 Salaries Toial: 80.00 E.:1-0()I)ON Total: 81400 E.1-PPAlll.. Paulson Phyllis (10129/2015 75,00 0.00 07/07/2015 Special Election 5/12/15 Nii (100(1 101-4 10-14 1 0-41030 Parr-tinie Salaries Total: 75,00 EJ-ITAIII, 7.5410 11J-IOTI-1.1 Roth Janice 0o179.0015 80.00 0.00 117107/2015 Special Election 5/12/15 Nn 0000 101-410-14 10-4 1030 Part -rime Salaries 80.00 EJ-ROT11:1 Total: 80.110 LI-S4)4t1A Durand Shirley 11(1/9/7015 80,00 0.00 07/07/2015 Special Election 5/12/15 _ No 0000 101-4 10-14 10-410:30 Part-time Salaries 1 tank 80.00 EJ-SMIRA Total: 811.00 EJ-SLING Slinger Donald 06[401)015 80,00 0.00 07/07/2015 Special Election 5/12/15 No (1110 101_410-1410-410311 Part-linie Salaries Total: 80.00 FJ-SLING Tout!: 8(400 AP - To lie Paid Proof List (06130/15 - 2:41 PN-D Page 8 Invoice ft Inv Pate Amount Quantity lint Date Description Reference Task Type PO ti Close Nilitie E.1-V;\ NI) VanDeinmeltraadtloria 00/7Oi/015 111(-410-1410-41030 Part-time Salaries Total; LI-VANI) Total: E,1-WACK IT. Wacker Sallyann (1(1/79/7015 1)1 -4 1 0- 4 I0-41030 l'art-tinie Salaries Total: FJ-WACKE Total: EJ-VI1112S Hirsch Wil 0o.')9)2015 10 4-410-14 01-41030 Part-time Salmics Total: E.1-1VIIIRS Total: LI-WLOOS Loos Wendy 06.'79/7015 10 I -410-1410-41030 Pao -time Salaries El-W I_ 00S Fotal: [NI ERGALrr Emergency Automotive cc(t IF :73750 00.03/2)115 101-420-2220-44040 RepairsAlaint Eqpt 23759 Total: FT\ ILIZGALIT EN1ERGRES Emergency Response Solutions 4301 00:11;2015 410-180-8000-45500 43(11 Total: 4317 00/16/2015 I 01-d20-2220-42400 Small lools Equipment 4317 Total: 4359 00/18/2015 410-480-8000-45500 I359 25,00 0.00 07f07/2015 Special Election 5/12/15 No 0000 ?500 15.00 8(1.00 0.00 07/07/2015 Special Election 5/12/15 No 0000 8(1.00 80.00 75.011 0,00 07/07,2015 Special Election 5/12;15 No 0000 75.00 75.00 75.00 0,00 07/0772015 Special Election 5/12.115 No 0000 75 00 75 00 325,75 0.00 07/07/2015 Replace siren speaker CV2 No 0000 325,75 325.75 48.11 0.011 0707/2015 Tools for new ladder No 0000 48.11 595.00 0J10 07/07/2015 Foam lot' new ladder No 00110 595.00 408.74 0,00 07/07/2015 Equipment for new ladder Nc. (,000 4()8i4 ..\1` - To Re Paid Prool 0o:30,15 - 2:31 Page 9 Int °ice # Inv Dale ENIERGRES Total: FERGUSON Ferguson lVaterworks, Inc #2516 1432(13 06/11,-2015 001-494-9400-12300 \Vater Meters & Supplies 143203 Total: FERGUSON Total: GEISLING Cieislinger & Snits, INC' l'av Reg 3 1)6122/2015 60 1 -494-9400-13030 Engineering Services Pay Req 3 Total: GEISLING rota': OKSERAYIC G&K Services 1182131972 06103/1015 1111-430-3 100-44 I 7(1 Uniforms 1 182)31972 Total: 1182143290 06/10/2015 101-430-3100-44 I 70 tinirorms 1182143290 Total: 1182154768 06/17/2015 101 100-44 1 70 Uniforms 1 182154 768 Total: GKSERV1C Total: (14I P)I1CR Graphic. lesoiirces he 52410 06,1 1 /2015 11-194-9400-42030 Printed Forms 52410 06/ I 1 /2(11 5 603-496-9500--2030 Printed Forms 52410 Total: 5 '415 (16 120015 10)-430-31 00-44380 Clean-up 13ays 52415 Total; GRApHR:•R joiar, GREATA NI Great America Financial 17131968 0615;2015 1 nI-4 I 0-1940-44040 Rcpairs/Nlaitit Contractual Eqpt I 713196M P 1)4 Ile Paid l'10)01ist 406'3015 - 2:41 n11 Amount (.)uai0i1v Punt Dale Descripl ion Reference Task 'I) pe PO tt Close POI Inc # 1,111,85 773,42 0.00 07/07/2015 Water meters 773.42 773.42 4E555.00 0,00 07107/2015 2013.1 -4) Section 34 Pressure Station 4,555.00 4,555.00 36.84 0.00 07/07/2015 Uniforms 36,34 36.84 0,00 07(07/2015 Uniforms 36,841 36.8-1 WOO 417/07,'201 5 Uniiiirms 36,84 1 111.52 139,00 0,00 07/07/2015 Invoice paper 739,00 0,00 07/07/2015 Invoice paper 478.00 528,00 0.00 07/07/2015 Clean up day postcard 528,00 1,006,110 4811,05 0,00 07/07/2015 Copier maintenance 4811.05 No 000(1 (1000 NO 0000 No 001111 No (HMO 11000 No 0000 N4) 0(00 No 4)0110 Page 10 In voice # Inv Date Task Type # ('lose PULitte Amount Quantity Pint Dale Description Reference (il?.17,.AT,A,N1 1 mak 11OLIDA VC lloliday Credit Office 00/15/2015 101-420- /220-42120 Fuel, Oil and Fluids 'Total: HOLIDAY(' Total: I 1YDRO Hydromelbods "MI 511011 0011 1121115 803_000-0000-229 1 o Developer Payments 201506514 'iota': 2111506515 06,11/.2(115 ',.w3,(too-otto0-22910 Developer Payments 201506515 Total: DR() Toin1: ,l()IINSON& Johnson & 'Iurner Attorneys 42794 1)6,0S/2015 01_420.21511-43045 Athirney Criminal 4 )7g4 Total: 41000 06/08/2.015 2or,-450-5300-430111 Legal Services 42900 Total: 42934 06/0R/1015 803-000-0000-22910 Developer Payments 42934 Total: 42'437 0(08;2015 101-410-1320-430,40 Le2aI Services 42937 Total: 4 )090 0(01S/21)15 S03-000-000o-220 I 11 Developer Payments 42990 Total: 08 06/08:21115 ol) I --1n1-9-100-1.30411 Services -1;108 Total: 43110 11(018 2015 803-0011-0000- 129 111 Developer Payments 43110 '1 oial; -13 I I I ondiS 1015 803-1100,0000- )2Q I 0 Developer Payments 4.311 I Total: ,\ p By paid Trout(0030/15 - I PM( 480.1)5 /6?,20 262,20 i(j)2)) 705.011 765,00 70,00 Y(1(10 1,035,00 4,51 ',50 0,00 07/0712015 Fuel 0,00 07107/2015 Inwood Stonnwater Review 100 07/0712015 Boulder Ponds Stormwater Re% iew 0,00 07/0712015 Prosecution 4,512.50 15.00 0.00 07%07/2015 Lihrary 15110 1,501,110 1,560,00 617.50 617,50 470.00 470,00 ?„50 10,50 151).00 150.00 250,00 250.00 0.00 07:07.21)15 er 0,00 07/07/2015 Burgess Matter 0.00 07/07/2015 Village Preserve 0.00 07/07/2015 3M waiter 0,00 07;07i2015 Easton Village 0.00 07/0720 I 5 Ryland/Hammes No WOO NO MOO NO 00111) NO IMO N(1 (IMO NO 11000 No 00110 No 0000 No 0000 o(100 (1000 Page 11 lin Mee ti lin Rate Amount Quailthy 1)escription Reference Task Type 10 tt Close POI 4.11 12 06/08/2015 101--110-1320-13040 Legal SCI1 ices 43112 'Total: 43113 06,118i2015 810_000-00ot (1 Developer Payments 43113 Total: 43114 06118/1015 803-000-1)000-229111 Developer Payments 43114 Total: 43115 06118/2015 101-410-1320-43040 Legal Services 13115 TOal: JOHNSON& Total: 1 17.00 117,00 1,99).50 ?,992.50 1,300,00 1,300.00 7,984,50 7,984.50 20,131.50 0,00 07/07/2015 Eagle Point Blvd 0,00 0707/2015 Hans Flagen 100 07;07/2015 Boulder Ponds. 0.00 07/07/2015 Civil Matters KAN] CO Kanto), Corp 06/22' )015 8,000,00 0.00 07417/2015 Sunfish Lake Ink - tree removal 404-480-81100-41030 Repairsfklaini Imp Not Bldg Total: 8,000,00 1\ ICO 'rolaI 8,11(1(1.(1(1 koMlnel Kali) Fuel Oil Service Co 511860 (16/0)/7015 101-430-3100-42120 Fut.d. Oil and Fluids 517800 Total: K 1-1111N kliclielle 06i420 I 5 603-000-0000-37100 Surface Water Utility Sales Total: KELM IN 'Took KFNSWELL Keys Well Drilling Company Pay No 9 06/30/2015 601-494-94(10-43030 Engineerin2 Services Pay Ni 'foial: I(EYSWELL Total: KINUK Kine Kassidy Cable Oiler 06P2,2015 10 1 -110-1450-43620 Cable Operali 1,066.1) 1.066,-) 1,066.22 0.00 07/0712015 Fuel 49.00 0,00 07/(17/2115 Overpayment 05-110028780-00-9 49.00 4,047,00 0100 07/07/2015 2(113,125 Production Well Nu 4 4,047.00 4,047.00 55,00 0,00 07/07/2015 IV 6/22/15 \ P -E lie Paid Proof List (06/3))/15 - 2:41 PN11 No 0000 r;sio 0000 l's/o 0000 No MOO No 0000 No 0000 rJo 0000 N o 0000 Page 12 !mince #Ijp 1)ate Cable Oper oral: KINGK Total: LARSON iist)» Diesel Service, Coip 150517002 05127,/015 101-L30-3 I ?0-4 2?-111 S-e'l Maintenance Materials 15(1527002 'Ion& LARSON Total: Library) Library )lei 45230 1)3/3 100 15 106_150_5300_4 2,500 Libra!), Collection Maintenance 45230 4o 14g 05/31/2015 200-450-5300,4 2500 Library Collection 1\ laintenance 46140 rota!: Lilvaryl Total: Lillie Newspapers Inc, Lillie Suburban 06.1157015 II/I-430-3 I 00-4-1300 Miscellaneous 06/15/20t5 1 0 1-450-5 100-44300 I\ liseellaneous Total: Lillie Total: rG pkyR L r.G, Power Equipment 191272 Obi 1 0!211 I 5 Il)l-450-5200-1221()Equipment Parrs 191272 Total: LT(.; pwp, NIANUFAC 1 Manufactured 'lousing Special. 2015-221 06418:7015 803 -t i00-00110-22000 Deposits Payable 2015-211 2015-213 06318/2015 803-000-11000-2 7900 Deposits Payable 201.5-223 (nal: Amount Quantity Pun Date Description Reference Task 'Fype ro # Close 55.00 55,00 31,50 0.00 07/07/2015 Oil sample kits 3 1 .50 31.50 S.51) 11,111! 07,317/2015 treading as)(in go 8.50 0,50 0.00 07/07/20 15 freading as you go 0.50 0.00 24-1.011 IWO 07/07/2015 Help wanted ads 244.00 0.00 07/0 7/2015 11elp wanted ads 4RS.1.10 488.00 120.83 0.110 07/07/2015 Parts - 2 Master I 2083. 1 211.8 3 250.00 0_00 07/0712015 Escrow Release 255 Cimarron 250.00 250,00 0.00 117/0712015 Escrow Release 4 16 Cimarron ',511.00 Ap_ioIle paid Proof List (06,30r 15 - 2:41 PM! NI) (0)10 N o 01100 No MHO IN,7o 0000 N 0000 N 0000 Page 13 Invoice los 1?ate ikumunt Quantify Pint Date Description Reference Task Type PO # Close POLine # 1\ 1 ANUFACT Total: 500.00 NIA RIFCL Marie Ckiwc WI 7/2015 12.00 0,00 07/07/2015 Subscription 100_150-5.100-425011 Library CoIleenon klaintentmee Total: 1 ),(10 AI Z I ECL Total: 12,00 NIA RONEYS Nlaroney's Sanitation, Inc 579907 06?051201 5 1 12.94 0.00 07/07,2015 City - Trash 101 -.1 10-1940-43840 Refuse 79-17 06115/ )015 49.71 0,00 (17;07/2015 Fire - WI -420-2220-43840 IItse 579907 001/5/20 15 2 I 6.67 .00 ( 7/1, 712015 FV 101-430-3100-43840 Refuse 5709117 06/05/2015 216.67 0,00 07/07/2015 Fire 1(1-4 20-2220-43840 Refuse 570907 1)(05I.201 5 49.89 0.00 0710712015 Library. 206-450-5300-43840 Refuse 579907 -Total; 645,.88 MARONFYS Total: 645.88 NIENAIZDSO 111enards - Oakdale 781 1 ) 06.4/1 /2015 27.58 0,00 07/07/2015 Shop supplies 101 -430-3 100-4 2 1511 Shop Materials 781 12 1 otak )7,58 78 1 13 06:0 1,2015 36.97 0,00 07417/2015 Shop supplies u 1 -430-3100-42150 Shop Materials 781 13 Total: V1,97 78728 06/08/20 i 5 19.00 0.00 07/07/2015 Landscape 1 0 1-450-5200-42250 Landscaping Nlatcrials 78728 Total: 19.00 79106 06/1 )0 15 35.3 ) 0,110 07/07/2015 Landscape 101-450-520042250 Landscaping Materials' 79166 Total: 35,31 70557 06., 1 7/20 15 52.71 0,00 07/0712015 hqu1p1ncn kr new ladder truck 4 10-480-8000-45500 Vehicle.s 7955 7 Total; 52.71 79648 06;01;2015 43.75 0.00 07/07/21115 Landscape materials 101-4.50-5 700-42250 Landscaping Materials 79648 Total: 43.75 70690 00,,4 X/2015 47,93 0.00 (47/4)712015 Shop supplies 101-430-3100-42150 Shop Materials P - To Ile Paid Prool List (06/3)J/ 15 - 2:41 PM 1 No 199))) Nt 0000 No 0000 No 01410 No 0000 No 0000 No 0000 N., woo No woo 0000 No (11)0(1 No (10)0 No 0000 Page 14 !moire In Pate 79690 Total: MENARDSO Total: NIES Municipal FineTetley SN S. Inc. 00638107SNV 06,114i20 15 10 I -420-2220-42400 Small Tools ,_S: Equipment 0003S I 07SN 1 mar. 00043447SN (16•22.)1115 101-42)l-2220-42400 Small Tools & Fquipment 00043442S N Total: IVIES 'Fotal: IIDLIVINMidwest Living 06117/7015 206.450_5300-125110 Library Collection Maintenance Iota!: klIDLIVIN Total: RINPUNIPMinnesota Pump Works 7738 0619.:015 -4q-1-9400-42400 Small Tools & Nlinor Equipment 7238 Total: INITNIP Total: NIEBt Niebur'iractor & Equipment 01-43800 00/040015 10 -450-5700-42210 Equipment Parts 01-43890 Fotal: NIF.13UR Total: N1-1 !NI ES THE NEW YORIK 890168271 05117/7015 206..450_5300-12500 Library Collection 4\laintenance 890168271 Total: NiITIN I ES Total: PFRVORPO Performance Pools & Spa, Inc 2014-337 06123/2015 8113-000-0000-22900 Dvposits Payable 2(114-332 Total: AP - ro Ile Paid PI'.ist (06;30115 2;41 PN1) ,1monnt Vnantil y Punt Dine Descriplion Reference 42.93 1'58.26 349.88 340.88 125.35 175.35 460.23 11,98 I 1.(18 11.98 3,803.00 3,803.00 3,803.00 16.03 16.03 16.03 )13.60 713,6(1 -70,60 500.00 5(10,00 0,110 07117/21.115 2 single gas monitors 0.00 1_17/(17./2(115 Flashlight for Tahoe 0,00 07/07/20 I 5 Subscription 0.00 07/07/2015 Line Locator 0.00 07/07/2015 Parts - Kubota 0.00 07/07/2015 Subscription 0.00 (17/(17/2015 Escrow Release 11679 58th Street sh: h' Close POI ,ine IN No No No No No 01100 IH1011 0000 o000 (Moo 0000 Page 15 !moire 11 Inv !pate Amount Quaniily ruin Dale Descrinlion Reference Task Type IPO (lose POLine P ERFOR PO 'Fowl: NK1' Pinky's Sewer Service., Inc. 72107 0(.011/)1115 106-45(1-5300-4-101 lepairsfrvlaint Bldg 72197 Total: 737.31 0115/2013 -41(i--450-53011-141110 [tenon's/Maim Bldg 73731 Total: PINKY Total: PIONEERP Pioneer Press 5155203o7 116/0s/21)15 01-4 10-1450-435 10 Public- Notices 5155 2(1..-)7 06/08/2015 01.4(0-) regal Publishing 51 5520397 00/118/2015 101-4 10-1320-435 10 Legal Publishing 155 )0.397 1 mai: PIONEER!' Total: RCM RCM Specialtic, Inc 1079 11(01:2015 101-430-3120-42240 Street Maintenance I\ Enerials 4929 Total; 49-IN 06/1212015 101-430-3120-42240 Streel Maintenance Nlaterials 4048 495 I WO 5;1015 1111-430-3 I 20-422411 Street Maintenance Materials 49,5 I 'rotor. 496.5 0003:2015 1111-430-3120-42240 Street Maintenance Materials 4965 Total: RCM Total: 1L.1-' Al)). %VAT Readv Wan Electric 0931N 06/252015 I 01-4 ?0-2500-43 1 50 Contract Set ices Q93 I Total: 50(1.00 100.01) 1110.00 100,01) 100.00 200.00 344,10 851,70 5o5.00 1,760.80 1,760.8(1 307.50 307.50 274.50 274..51) 3 I 9,?5 319.25 ?9o.50 ?9().50 1,197.75 3,7,15.1111 3.745.00 OM() 07/07/2015 Pumped 2 tanks ((.0)) 07/(17/2015 Pumped 2 tanks 0,00 0.00 0.00 07/07/2015 Public Nearing Nonce 5/16 07/07/2015 City Notice 5/20 07,07,'2015 City Notice 5,20 0.011 07/0772(115 Emulsion 0710712015 Emulsion 07;07/2015 Emulsion 07/07;2015 Emulsion 0.00 07/07/2015 Warning siren repair, annual maintenance iNo No No No NNo No N.0 (10011 lie Paid Proolikt .10/15 - .2:‘1 1 PM / Page 1 Amount 1'n►A Dale 'I nsk l'e lie I'() if ('lose I111.inc f/ REA1)1'\\=`AT Total: SA1 EPASI' Sale -Fast, Inc. 15426-1 ((0/1112015 1(11 -4 30-3100-44170 Uniforms 154264 (16/)0:2015 1(11--130- 3 I (I((-44170 Uniforms 154264 Total: SAFEF,'ST Iotcil: SENSUS SENSUS USA !:11 5001405/21; 2t)15 t,(t€-494-94(10-42 31)0 Water deters & Supplies ZA 150))1403 3 olal: SENSUS Total: 3,745.00 278.82 261.04 061,94 ((7i07/2015 Safety Vests 0.00 07/07/2015 Apply credit nenlo 1,570,34 t),I)I) 07;0720I5 System Support Renewal 7/11): 15- 7,10/16 1.5 70_ 34 1,570.34 SPRIN I' Sprint 761950227-14; 06 19/2(115 66.54 0.t)0 07/117/21)15 Cell phones - adinin 101--III)-I0.40-43210 Telephone 76195022 7-147 06/ 19/201 5 228.l l 0,00 07/1)70015 Cell phones - lire 101-420-22711--1321 II 1 eleplone 061950227-147 06 1902)115 48.66 0.00 07/072015 Cell phones - building 101-420-240((-43210 Telephone 76195021 7-147 0o/ I0/l01 5 RS.25 ((,0(1 071)72015 Cell phones - I' W I O I -•4 30-31011-4321 I1 Telephone 761950227-147 06`10r2(115 91.65 0.))0 (17(17/2015 ('ell phones - Parks 101-456-5200-43210 Telephone 761951)227-147 06' 19/2015 55, ? 11.011 07,17/2(.115 Cell phones - Taxpayer Services 101-410-1450-43210 'Telephone 761050217-147 06/19[2015 17.58 0.00 07/(1712(115 Cell phones-PLann€ng 1111 --I 1))-I 9I0-43211) "Telephone 761950227-147 Total: 597.34 SPRINT Total: 597.34 S'I ARTRIB Star Tribune 1 1 _239973 296-450-5.300-42500 IS-1.86 1),01) 1)7'07/2015 Subscription 9973 Iola!: 184.86 S I,\R TR€13 'icrt:tl: 184.86 11' - To lie Paid Proof I_iA (((6/3015 - 1:4 I I'8) ) Nu vo 111111(1 Nn Pave 17 Invoice 4 Inv Dale STLIBRAR Stillwater Public Library 00/02/2015 206-450-5300-44300 Miscellaneous Total: ST1_113R AR Total: SWENSON Swenson itt 00117(2015 700_450_5300-413(10 kliscellatteous Total: SWENSON Total: TASC11 1.A, Schirsky & Sons Inc 58102 06;0912015 101-430-3120-42240 Street Nlaintentince Materials 58102 'rob& 58195 06i )5/2015 101-430-3120-12240 Street klaintenance Materials 58195 Total: FASCH Total: 1TNNISRO 'IcnnIs Roll 011'.11C 1407903 1)03/2015 101-430-3100-4-1380 Cleon-up Days 1407903 Total: ENNISRO Total: ITiSSM A N Tessman Company Corp Credit 00/11/2015 101-450-5200-12100 Chemicals Credit Total: 5210402-1N ()oi1 1/201 5 101,450-5 200-4210)) C'heriticals 5210462-1N -hob TESS8IAN -40m1; TKDA TK DA. Inc, 002015001619 0610:2015 I (11,4 0_1930_43030 Engineering Services (,0 )m.5001049 Total: Antonia Quantity Runt Date Description Reference 9n0.00 900.00 960JA) 5/,34 52.34 52.34 169,03 169,03 144,90 144.90 314.53 5‘03,5,8-, 5,035.82 5,1135,82 -54.00 433.1I:3 433.15 379,18 359,10 359.10 0.00 0707/2015 Library Card Reimbursement 0.00 07/07/2015 Program supplies 0,00 07/0712015 Asphalt 0.00 117/07/2015 Asphalt 0.00 07/07/2015 Clean up day (3,))0 07/07/2015 Credit memo 0,00 147(0712015 Chemicals 0.00 07/0713015 Records & Data AP - 1 3e Paid Poy!' 1..3st 03n/30/15 - 2:4 I PN1 Type PO 1/ Close NA,hte No 0000 No 1))))))) No 0000 00)0) Ni (MOO No 0000 No 0000 No (1)00 Page 1 8 Invoice ft Inv Dale 092o15i)(11 71? 5(/(115 002..4145-Q4 50-43030 higincering, Services 002015001712 -1 oial: TKDA Total: 100E( ;)N Elie 'Fool 55(3 OW 16/20 15 1-13(1-3 I (10-,12-1110 Small Tools & Minor Equipment 5503 Total: TOOLOU1' Total: TO FALAI EC Total Mechanical Sr k ices, Inc ray Req N 0578/7015 601-494-9400-430311 Enincering Service,: I'ay IZ_eq 8 Total: I (IVAL. NI EC 'Fond: 1\ASEI-R.7C \Vashington County <1076477 (16411/7015 101-410-13211-42030 Printed Fowls 4026427 1 otal: 11'ASII-RECTotal: \VASI11.113 Washington County Library 06/08,7015 205-4511-53110-41300 liscellaneous Total: NVISH L113 Total: 11`Iiiicani \\like Anita (Sable riper (16/17:7015 101-110-1450-43620 Cable (./perations Coble oiler `14, NVIiitcani Total: Amount Quantity but Dale 1)escriplion Reference Task Type 1'0 # Close POLine t?' 71.708.11 21,708,1 I 72,06'7,71 _3)8.95 378.95 378.95 38,752.06 38,25).06 38,757.06 46.00 46.00 46.00 1,745.00 1,7-15,00 1,745,00 55,00 55.00 55,00 Report Toni!: (80,358.94 0,01) 07/0717015 2015.120 Eagle Point Blvd 0.00 07/07/2015 Power Probe 0,00 07/07/7015 2013.132 Primpliousc 4 0,00 07/0712015 Agreement Recording Duc 0.00 (17/(17/2015 Library Card Reimbursements 0,00 071.17/2015 ('CM 6/16!15 - 11c I'aid Pod' Lis( W(0015 - 2: J I No (1000 No 01100 Nkl (1000 NO 0000 0000 NIk WOO Page 19 Accounts Payable To Be Paid Proof List User: PaityB Printed: 07/01/2015 - 8:27 ,\M Baia: 001-07-2015 Invoice # Inv Date Amount Quantity Pnil Date Description Reference Task Type l'O # Close POLine fl CTYOAKDA City ofOakdale May -15 06/3017015 8,000,00 0.00 06/30/2015 New Water Connections - May 2015 No 0000 001-001)-0000-20803 \VAC due Oakdale kitty -15 Total: 8,000.00 CTYOAKDA Tolal: 8.000,00 Report -rota!: 8,000.00 AP - To Be Paid Proof List (07/0 III 5 - 8:27 AM) Page 1 'Ft IE CITY OF LAKE ELMO DATE: July 7, 2015 CONSENT ITEM #3 MOTION AGENDA ITEM: May 2015 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 ..... ...................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Cotmcil is asked to accept the May 2015 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 May 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Budget. -- page 1 -- City Council Meeting [Consent Agenda Item tt3] July 7, 2015 GENERAL FUND: Revenues: Total revenue for the month was 47% above budget for the month bringing the year to date total revenue to 2.5% below budget. The most significant budget to actual revenue variances are as follows: Building Permit revenue was 16.6% above budget for the month and 35.9% below budget on a year to date basis. The budget was compiled for the full year only and the amount shown for the month of June is 1/1211' of the total budgeted for the year. This represents 18 new home starts in May compared to the budgeted 11 new home starts per month. The year to date new home starts is at 38, of which 5 were open space new homes. The 2015 budget did not include any open space new homes. Sewer Permit revenue for the month was 100% below budget due to there being no new sewer permits in the month of May. Utility Permit revenue for the month was 113% above budget due to the new development activity generating more pen -nit revenue than budgeted. Cable Franchise revenue for the month was 51% above budget due to the Cable Commission refunding Lake Elmo's proportionate share of the excess fees collected. Zoning and permit revenue was far above budget May due to only minimal zoning perrnit revenue having been budgeted for 2015. Expenses: Total expenses for the month were 6.3% more than budgeted bringing the year to date expenses to 4.1% less than budget. All departments continue to manage to the bottom line. The following summarizes variances of note: General: • Mavor and Council — As mentioned previously, the year to date amount in Dues and Subscriptions represents the 2015 portion of the League of MN Cities annual dues as well as the annual contribution of S5,000 made to the Youth Services Bureau in January for 2015. These amounts were spread out in the budget so the expense will catch up during the year. • Prosecution legal expenses are 7% higher than budget for the month and the majority of the cost increase is covered by fine revenue. • Building Inspection — The building inspection expenses are 43.5% below budget for the month due to the building permit volume being below the level anticipated in the plan. -- page 2 -- City Council Meeting [Consent Agenda Item tt3.1 July 7. 2015 As a result, the contracted inspector continues to be utilized until the pennit volume ramp up to a level justifying a staff addition. In slm-nary, as discussed during the 2015 budget process, expenses are being closely monitored until the development ramps up to cover growth driven expenses. Year to date actual expenses continue to be less than budgeted and the net income through May is 5% better than budget due to everyone managing to the bottom line. LIBRARY FUND: Revenues: Revenues for the month and year to date are right at budget. Expenses: Expenses for the month of May were 24.5% less than budget primarily due to not spending as much on library collection maintenance as budgeted. On a year to date basis, expenses were 19.89/0 less than budget. On a net income basis, the May results are 26.9% better than budgeted and on a year to date basis are 21% better than budgeted. The ending May cash balance in the library fund is $ I46.4k. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached May Financial Report. ATTACHMENT: 1. May Financial Reports -- page 3 -- City of Lake Elmo 2015 Budget to Actual COrp1f9r3liVe Fps the month ending May 31, 2.015 101..General Fund Summon, E3v Department DEPT 410 • GEN.!, covrr REVENUE Total Revenue 777/2015 Full Year MONTH YTD BUDGET BUDGET ACTUAL Variance (5) Valiance CV.) BUDGET ACTUAL Variance (S1 Variance Ci) 2015 % lo date INDnlli Month Month Month , YTD YTD YTD YTD 3,798,334.101 11.63% 115,482.25 170,242.81 54,7611.56 47,42% 452,903.25 441,732.31 (11,170.94) -2,479/. EXPENSE Imo' Mayor ..3.: Council 40,955.00 32.25% 1,000.00 711.92 283.08 28.811', 5,375.00 13.2(16.19 (7,831,19) -145.70% Total Administration 407,316.011 53.92%, 28,837,37 53,066.87 (24,229.50) -84.02% 191,118.13 219,611.04 (28,492.91) -14.91^/o Total Elections 1,050.00 57.140/. 11,00 0.00 0.00 0.00% 975.00 600.00 375.00 38.469/. Total Communications 711,342,00 33,511% 4,787,77 2,101.77 2,686.00 56.10% 28.457.73 23,730,73 4,727.00 16.61.V., Total Finance 134,047.00 39.411'o 7,858.23 9,787.19 (1,928.96) -24.559/. 60,635.27 53,061,14 7,574.13 12.49% Total Planning & Zoning 224,218.00 45.15% 16,555.63 17,892.87 (1,337,24) -8.1114% 93,013.38 1(11,232.77 (8,21939) -8,1149/., Total Engineering Services 54,800.011 39.68% 4,600,00 2,627.95 1,972,05 42.87% 22,600,00 21,747.35 852.65 177i'a Tolnl City Holl 50,235.00 56.75% 4,161,00 4,492,75 (331,75) -7.979/. 21,133.00 28,507.69 (7,374,69) -34.90% Total General Government 984,063.011 46.92% 67,800.0)) 90,681.32 (22 881,32) 423,307,51 -9,07% DEPT 420 • runuc SAFETY rotal l'olice TOW Prosecution Tnial Fire Total Fire Relief Total Building Inspections Total Emergency Communientious Total Animal Control Total Public Safety 517,799.00 0,20% 0,011 0.00 11M, 0.00"/. 50,000,00 46,18% 4,200,00 4,512.50 (312.519 .7,4494 385,312,04) 36.87% 27,150.47 20,697.08 6,653.39 24.33% 37,323.1/ 0.00% 0.00 0,00 0.00 0.01194 31.3,558.00 22.53% 22,549,08 11,282,07 10,267,01 45.5394 7,000.00 0.11094 0.00 0.00 0,00 0.110% 6,800,00 48.2494 565,00 575.00 (10,00) -1.7794 327,792.0)3 18.25% 54,664.55 38,066.65 6,597,90 0.0)1 1,034.22 (1,034.22) .100.110% 20,900,00 23,087.50 (2.)87.50) -10,47% 168,563.53 142,0111.19 26,482.34 15.71% 0.00 0.110 0.00 0.00% 117,652,42 72,898.44 44,753.98 38,0494 1,750.00 0.00 1,750.011 1110.004 2,825.00 3,280.00 (455.00) -16.11% 311.590,95 242,381.35 69,309,60 22.24% Summory t DEPT 430 - PUBLIC WORKS To1a1 Public Works Tow Streets Total Ice & Snow Removal Total Slreel Ligh lint! Total Recyclin Total Tree Program Total Public %Yorks 380,195,011 40,44 V. 222,578.011 14,89% 95,5011,011 35.15% 28,000,00 33.116% 9,500.00 0.110% 6,000,00 omo% 30.97% MONTFI YTD BUDGET ACTUAL Varilnce (5) VarianeeIro) BUDGET ACTUAL Variance (5) Variance (°;) Monti, M1401011 Month Month YTD YTD YTD YTD 25,757,69 18,8110.81 6,956.88 27.0196 172,799,81 153,752.62 19,047,19 11,11296 4,76001) 30,078.92 (25,318.12) -531.9196 12,300,00 33,149,12 (20,849,12) -169.5196 I ,350,111) 214,00 1,136.00 84,15% 51,250.00 33,564,47 17,685.53 34.5196 2,350.00 1,07/1.59 1,271.41 54.1(1% 11.7511.011 9,257.96 2,492.04 21.21% 500.00 0.00 500.00 100,0096 4,250.00 0.00 4,250.00 100.011%, 50(1.00 0,00 500.00 100.0096 2,500,011 0.00 2,500.00 100,110% 35,217.69 50,172.32 (14,954,63) 42,4696 254,849. 2 9,724.17 25,125.64 9.8696 DEPT 450 • CULTURE, RECREATION Total Parks & Recrea lion 153,028,00 63.711% 11,310.74 18,972.46 (7,661.72) -67.74% 68,683.22 97,485,62 (28,802.40) -41.949A, IF & Telephone 109,560.0U 28.7696 22.388.00 5,616.84 16,771.16 74.9196. 49,890.00 31,512.38 18.377.62 36.84% GRAND TOTAL ALL EXPENSES 3,316.216„00 32,0596 191,380.98 203,509.59 (12,128.61) -6.34% 1,10/1,421.49 1,062,8011.43 _ 45,621,06 4.1296 SUB TOTAL NET INC OVER EXP 482.118.00 28.82% (75,898,73) (33,266.78) 42,631,95 56.17% (655,5)8.24) (621,068.12) 34,450.12 5.26% DEPT 460 - COMP ADJ 35,11011,00 0.00% 0.00 0.00 0.00 0.001'. 0.00 0.00 0,00 U.00% DEPT 490 - CONTINGENCY FUND 0.110 0.00% U.00 0.00 0.00 0.00% 0 00 0 00 0.00 0.0096 Debt Service Increase 247,118,00 0,00% 0.00 0.00 0.00 0.00% 0.00 11.00 0.00 0.00% DEPT 493 - OTII FINANCING 200,000.00 0.00% 0.00 11.00 0.00 0.00% 0.00 0.00 000 0.00% GRAND TOTAL ALL DEPTS 3,798,334.110 27.9896 111,380.18 203,509.59 (12,128.61) -6.3496 1,108,421.49 , 6 ,800.43 - 45,621.06 4.12% Net Income over ENpenses O. 0 0.00% (75,89 .73) 3,266.78) 42,631.95 55, 4 (621,06 2) 4,4 2 5.2696 Sononary_2 2015 )3v 31onth 11pd,rei to Actual comi,rmivr Fur 03. nmroll embott Slav 31. 2015 Deial/ ,arulc.nt 13,FI'T 410 GOrT 7/7(2015 Full Veal MONTH Y ID BUDQE I' 1.11.1LX181 AC11,1A0 Vananrc (S) Yarlance (%) [kincei ActLIAL. Variance 151 Variance (5)) 2015 % 10 dale T 14,11 Month 1.mill Month V ID YTTJ Y11) Y3I) Y .rtance not,"!, ITTNItiNUF. Correll( Ad Valorem Tos.t.:s 2.531,080.110 0,00% 0.110 0.011 0.00 0.000, 0110 0E10 (i 00 0.11000 Cklilimicnt Ad Valorem Tax Qs 15.000.00 0,00 % 0,00 0.00 0.00 0.0119-. 0.00 0,00 0.00 0.00% Mobile llorn, Tax 11,40049 11.011% 0.100 0.00 II 00 0.001', 0.00 0.00 000 0.000 Fiscal Dicranlic‘ 160k00k0 knn% o oo koo koo 0.0000 koo kno omo k00% r,o;.1(0 & latovsl L01 T.1.,, 7011.00 0,00% 0.00 0,00 0.00 0 0055 0.00 0.00 0.00 0.0000 Luluor 1.3C0-15C 11,35100 97.6030 0.00 OAP 111111 0 Hr., 5,350110 9.150 00 0,004.1,00 52.34% \11/ 40:0J uli.rr licene 1,6311.1111 13.5754 0.00 0.00 0.00 0,0000 840.00 4011.00 1360.100 -12.864 Cirner-41 Comractor 1,..ernsr 0,011 0,00% 0.00 0.01i 0,00 0.001". 0.00 0,06 0,00 0.111 /% 1-11,11N4 COMMUM" L00flje 2.500.00 70.00% 1,10.00 250 130 50.011 25.011.„ 1,100.0 0750.00 630410 39 00"-a Eilackluppiag Cunirpeler 11,..ns, ILO 0.007', 0.0+) 0 u-0 0.57 c00% kou (I.N UM) U.OU" Building l'arn00 517,6011,09 26.71/00 41,13100 511,277 15 7,147 15 16.5700 21.5.65U 17',. 1300201,05 17,,,115 051 .39.9130 15 no" horn rerrnifi In 011:iy Tholdinl! 00-in5pecl Fee. 1,000.00 0.00% 100.00 0.00 i 100.00) -100.00% 400.00 0.1N1 (400.001 -100.00% Hcaong Pernik 09,040.101 41,28% 2.421./.1.11) 2,475.60 55.60 2.3W.-. 12,100.00 11,987_25 (112.731 .0 937. Plumbing Prrn11,4 29.040.00 40.92% 2.420 GO 3,422 00 00200 4 1.4 1."..'. 12,100.00 11,882.00 1219.11W -1.80,p Se,,',, i Penni', I 0,5611.011 0.110.4 R00.00 0,00 (3R-,) 1,0) ,,100.00". 4,40u.OU 0.00 ( 4,400.00) -100.003, Al,iroal 1.1crnse 2,500.110 73.3400 40.00 145.0U 10500 262.50151 2,220.00 1,846.0 (774,00) -16..9550 47010y Penniu 111,1)0)1 5,000,00 330.3554 500 00 1,066 1.0 I 546.80 I 1.3.3000 I ,1.100,00 16,5-12.40 15.342.40 1554:24', Burning Peon,) 2.,250.110 46.1191'0 0,00 135.00 133.00 100.0090 OA) 1.055,00 1,035,00 100,UU00 Mass, thLropy Lic.,,cs 150.011 16.67% (1.01 0.00 0.00 ok,„ oko 2.5.o4) 25.011 100.00% Elecirical Permit 6.051-110 44.437/, 500.00 611.50 111.50 22.360 2.500.00 -23,0837 155.37 7.53 1loolesic.01Crcilii Aid 0.110 0.0114.4 MO 0.01i 0.00 000.,,, 0.C50 0,00 IWO 11100% NISA-1110,1101.1flit 101.696.110 53,74% 11,01.1 0 00 0 00 0.00.1, 00,640210 59,737.011 S,054.00 17_47% MSA tbrOttql incicgIn IV 2015 State Fr,: Aid 41,500.011 DAM% 0,o0 omo 0.ol, o.00., um() 0471) o,40 0,0006 PERA Aid 2.149.00 0.00% 0.011 0.00 0.00 (J 011“„ 0.00 0 00 0.1/0 0.00% GrAvel Tax 0.00 0.1/0% 0400 0,00 0 00 0.0001, 11.00 0.00 000 0.010.'. Rec,cling (Irni 15,500.00 0.00% 0,00 0.00 0,00 0.000 0.00 0.00 0.00 000'; Mi.:,.. 0I31e (;ranliSkirchlrge Re, 5011110 60.89% 0.00 50.47 .S4.47 100,00% 12.5.00 304.44 I 79,44 143.53% Cabic Frr.nch00e 00v,0e 45,000,110 151.40'4, 4.5,000,00 68,129.10 23.129,10 51,40°, 45010.01/ 65,1 09.10 23,129.10 51.40q.. Zoning .k. Silbdivi'sion Fo.:5 7,5110,00 201,20% 750.00 5,500,01' 4,750.00 63.3.330, 730.00 15 Xr9I) 00 11,340,00 1912.00S Vcry Fear roning permits badottc0 102015 Plan ClIcck Fee.; 1111,923.110 43.7054 13,160.25 30.772.32 15.612.07 102,091'. 75,301.15 79,511,1,57 3,690,32 4 37 % Sole of Copic.:„ flooks, Mars 175.00 19,71°6 15.00 6.00 190) -60.001'0 35.011 34,30 01.501 .1.4:1:4 ..4,scssment ScIrchci 730.00 93.00% 43 00 I 51).01) I 05.09 233,33% 165,00 735.00 5713.00 345.450', Clort Up Day, 2,110100 0.00% 0.00 will 0.00 0.0tE-i, 0.00 0.00 0.00 0.000 Cabl, Opemlion RomburA-ment 2.5110,00 0110% 0,00 0.00 0,00 0.001'; 625 00 0.00 (625.001 -100.00.. rin. ..ix,nokno 36.53% 4,000.00 3.637,67 1312.33) ,7.91'.. 20.000.00 17,532,91 (2.107.09) -12341'; Fluc..., below avcmgc bul 17..pically more:gsc in thE springhtmmer Aliso:11,1..10$ Pen 0,, 0315 0,00% 0.00 0.00 0 011 OA% 0.00 o.00 omo 0 00°.; Fire Billabir, /ir.,enur.: 5011.110 (Loa% Iwo koo oko n.o.D.,; k00 500.00 500.00 100.00", 0650011501(00 licit:110c 3,5110110 I 45.0200 300.00 3,50.90 3.205,90 1045,6100 1,401190 5,190.72 3,750.77 270115% Intrxml 01,1100s 640.00 60.31% 72.00 24,00 2.110 9.0954 494 00 706.1.31 (10941(1) .2 1.561-. butresi )00roo 10,000" 11.00% 0,00 OW 0,00 0.0010 Q wi two 0,04 0.0000 Von:mons . . o.00 0.00.; 0 no 0 oo 000 0,007.; 0 GO ..1.00 0.00 0.0090 Taut! Rcvenuc 3,793,334.00 11.6354 415,403.15 17-N247..711 .5. -17..127'. -42,94325 441J32-31 011,171.1.941 ..11.-1754 OCIA,1,1 Full Vedr looN-ri I \ III EXPOSE: BUDGET 1111OGET ACTUAL Variance i51 VorianCb i%) flulDGET AO-1)AL VarbincelLS/ VandndC 1.1)L1 1110 . 31a) ur & Council 2015 ''a 01 0.itd klonth Nlonth Mdbuh 410ntl, ITU Y1./ WI) l'T D 1-` I' Sql4ric, 25,6911.00 0.0055 0,00 0.00 000 300% 0.00 0.01 0,00 1500' FICA Coni01,4,60„., 1,593.00 0.00% 0.00 0.00 o 00 11.011),, 0.110 0,00 0 00 0,00% Malicdre Contributions 372„00 0.01455 Odin 0.00 0.00 0 00., 0.04 0.01 000 0110.4 Workcrs compcn...0ion 301100 26.71% 000 0.00 0,00 0 003., 0.00 40,12 (80,12) -1011.001), Mdbaud 500.011 2321155 0.141 0.00 0.00 0.011, 125.00 141 50 (10.56) -11.25% Mi,derldocou, 0.00 100% 0,141 0410 0.00 0,00.;, 000 16 i ....., I (161.40 -100.0055 Does & Subwripooni 11,501141) 102.815, 1.000.00 71 d.92 d5.4 08 28,3 19., 5,0110.00 1 1,322,60 (4,821-601 -116.45°6 2015 diard 01"1„3.1C annual drill mode in ,Sepi 2014 plus Conicrence & TrHining 1,000.110 Ino.on v.. 0.00 1100 0.#10 UMW, 230.01 1.00550:1 (75(1.00) ,.300noR„ annual VS13 pdyincui Total Mayor & Council 411,953.00 32.2355 1,000,00 711,92 288.04 18.81%, 5,375.110 11.104.19 (7,831.19) .145.70% 1321/ . Adininiytration FT S31arte, 194,125.00 43.06% 15,74335 15,81040 (494.151 -3.91% 835111.11 45.33.227 11.500,15) -1,797, PERA Conlidbutions 14.304.00 4431% 1,1002 1,147.74 (81 412/ .7309, 5.077,05 636507 (137 59) -47499 ICNIA Con!tiLIOLIQM Itai LOUVo 001 0 0(1 0 1}0 0.00", 0.00 0.00 0.00 0.00% FICA Contribution, 123114,00 41.0055 9401.92 914.63 10.29 I 09% 5.197.1)8 5.03705 160.0.1 LOS% 415,icard Corin01utinii3 2,873.00 41.0090, 221.49 d i 4.60 2.41) 1.0,5% 1,115.50 1,174.06 37.44 3.08.i, 1111t1d5535al Inittroncb 44,963.00 44.38% 1,451,15 3,620,00 1168 45) -1.697'. 13.941.33 19,910.00 (918.05) 41.89", Uneniploynicni tidneri is 11.1111 0.001.'n 0.110 0.1111 0.01 0.110", 11,00 0.00 0)5) i) OU'e Worker, Compermit(on 1,1100.00 43,79% 000 0.01) 0.00 11,00°, 1,000,00 437,94 162.06 16_11°, Oillec Supplies 5,500.00 5111% 1311,00 439J00 f9.091 .1.01% 1,250.00 2,816.70 (566.701 -24 1955 Priatcd dorms 0.00 0410% 11.00 5 I fon (516.00 -100.005', 0,019 516 00 (5)6 110) .100 005. Legal Services 45.0110,00 89.0155 3,730.00 15,557,00 11 1,807 00) .114.85"d, 14,750.00 40,055.34 121,305 341 .111.631)'. NovsleitcrAVebsilc 0,00 0.0055 000 n.rw, 0,10 low i• 0.20 0.00 0,03 0000, As„st,5iire. Scrvicm 32,000,00 37.7855 2.500 011 3,490 44 0,990341 .239.64t6 11.500.00 14,490.35 (5.9911,S4d -47 9)9n May expbose triblinldd WA aNded,a- fern budgeted tin." III die yb-de Crintraei Se, ice, 4,00 0.110% 000 1).00 0.00 0.00% 0 10 0.01) n.no 0.10195 buslagd 24100.00 103,84% 0.00 5011.01 (500 O(1) .1011.001), 500.011 2,1177340 11,577.601 -315.51", inning mode Miletedc 500.00 14.1055 54,01) 0,00 50.00 I Ut1.00. 100.00 70.49 129.51 r,4,769, Legal F'u6thslunt; 5,0110.00 17.15% 400 00 243.31 116.69 29.179, 1001300 1,462,17 117.63 5.331)0 inmiratice 35,000,00 93.109', 000 5,443.00 (5,44101) .100.001),, 35,40000 32.536,01 2,414,00 6 90% Cable Operation 1,541105 0.00 0,110% 0.011 nmo 0.00 0.1.1u!n 9,10/ 0.00 U.1.01 (1.1)114i All,cellanolo 600.00 19.55% 50.00 n.on 50.u0 infroasa 250.00 237.31 12.69 55)9') 111.144 & Subscript iard. 2,100,90 51,8755 1 75,00 0.1/0 175.00 100,011% 373110 1,091.94 1.216,96) .24,50", BOAS OA) 0.01125 0,0 0.00 CLOG °MO° OA 0.00 0.1111 0.0055 Confdrenccs & Train,nd 6,100,00 18.95% 500.00 0 00 5110.00 1 no,on, 'n, 2,500.0o i two '344.00 51.761'4 Sia111)..cloprner0 MO 0.011% 0 00 0.00 0.00 11.4.455 0.00 0.50 000 0,00', Total Adaiioralndiun 407,116.00 33.91% 23,43737. 31,066.417 114229,50 -94.02% 191.114.13 219,611,04 (2.8,492.9)) .14.91% 14111. Elccliiin5 011 25l:ivies 0.110 0„011% 0.00 0.00 0.141 11.001', 0441 0.00 0.00 0.011"'4 13110144opplio 0,00 0.000, 0.00 000 0,00 03090.00 11 0(4 0.011 0.00,., 1 col Publintions,Nonlicalion 0,00 11410./, 0 Db 000 0.00 000° 0.00 0.00 0,00 0.00,n Eq11,90ten[11.5i7i1 0.00 0.0055 11.00 0041 000 0,1019;, 1100 600011 1611100i .100420", County Election rte2 950.00 0.011% 0,00 0.00 OA/ 0,00% 954.05 MO 930 0,1 len 0V; Prinicd Forms 0.110 0.00% Ind 0.0u 1.1.041 0.005, n Oa 0.00 0 00 0.00% Miscallanbous 1011.00 0.00% 0,00 0.00 0.00 0.0055 25,00 ILO° 23,00 100.01d, Tula! Elbciions 1,050.0 57„14"/. 0.00 limo 0.110 0.110% 975.00 6110.011 373.00 .38.46% b&,44,422 41,0) 1",:ar MONTI! V11) 11013(1)51' 131.0.20ET AC13.1Al, V.ince 151 Vrmance 1".1 BIJUGif:T ACTUAL Vanmlee (SI Va6.,, iN) 1450 , CumnitinicAtk.i.i. 2015 °.',, to 1..1mc Monib 572n111 Mouth Month 332 335) I rEi 'rip n 3511,11,CS 35.876,110 31.72'.9 2,759,69 1,606,59 I ,I.D.10 41 751,, 15.178.31 11 .739.09 3.439,22 2.2.W4 VERA conirilllitionn 3,801.00 27.1173 2110.1/8 0.01.1 200.08 looArir 1,100,42 70i.lo 393 32 35.92'11 FICA Cunuibution5 2,224.00 32.0772 171,08 99.6.3 71.46 41.77'!, 940.92 713.13 227./9 2421°0 Macaw Coninbulions 520.00 32438% 40.00 23 30 16,711 41.'5', 220.00 160,80 5320 24.13)e ile31110Uvutal In-,nrneo 9.970.00 36.8372 766.92 0110 166.97 I 0C1,011. 4316.08 3,672,00 5.16 08 12.5591, Workers Compen,ininn 0.00 0.00% 0.011 0.011 15011 0.00'; 0.119 151.63 11513131 -101002 (5c.vsleilcr 8,110000 41953, 0.4111 il 141 0.00 0.011`, 2.090,00 3,415.95 (1415.951 -713072 011icc Strvplie .561.00 8.65% 514.51.I 000 50,09 1.00.1.100, 250,00 48,50 20150 0(1.114)5,. isitlefiv., 100,00 U.009/E, 11.1.9 0 (111 0.011 11.00°,1 25.00 57.27 (32.27j .129.10,, Public Nouccs 5,04113/0 2.1.66%72 400,00 1.32.2b 267.74 66,941, 131.50.00 1,212,74 707.7.6 362772 cm, 0/1..talion 4,800.00 29.97% 4(0.011 240.00 1611,00 40A47. 3,001109 1.,138 52 541.48 26.0716 Conk:lc:nee, 7011,00 51.430/, 0.01' 0.00 0.00 (I 00,„ 350 OU 360.00 (10.001 -2,06°. 11,..Nurtmnint Equipment 450.00 ir.no',. 0.00 0,335 0.00 0.00% 273,00 0.00 2.25.00 110.0613 Intul Communications 70,842.110 31.50724,787.77 2,101.77 2,886.011 56.10% 28,457,73 23,730,73 4.727.00 16,61% 1520 - Firmer ET 5,1111-Ws 68,30.110 38.72% 5,i43.3 I 4,632.37 i 10.90 9,94,!,, rr Salarws 3,6110.00 0,01114 376.92 0 0(1 276.92 11111.00% PERA Contribution:, 4,848.110 40,053/0 372,92 347.13 25,49 6.e.15 FICA Cuniribu I ityn7 4,369.110 34,62% 336.05 272.09 63.99 19.04% Nicdicar,,, Contribufions 1,022.09 31.61% 7S.62 0.62. 1 5 00 19,08°, I Iralth/Denol Insurance 14,955.00 32.01% 1.150.38 070.40 279.90 .2.4.34", Unertiploymcm Ilcuctii, 1,(in11.1111 11,011% 6 AO 0 00 0.130 (1.61172 3Vorkciq Compcma Oen 50(1.110 5.6.5531, 0.00 9.183 0,00 0 001,, 011)er SliFpirC$ :5)3)4,0 21.21% 1/.00 11.061 0,00 0,00'., Printol Forms 511100 0,00% 0,00 0.00 000 1130°.-i, Audit Service:. 27,000.00 55,7472 fl ;PO 2,52 i.(31./ 12.825.001 -100.00°, ConitIci Seri,,, 8,0110.00 4622% 500.0 606,33 (106.331 -21 272, 7-111e4c 50.00 0,00% 0.011 0.00 0310 0.001„ Miscellaneous 2.00,00 98.07% 0,110 0.00 0.00 /0072 D.s S: Sul,cripfion. 710.1111 OJAI% 0 00 170,00 (170 001 •1 01)41111% Con 8,(..11, S.: Tr:01,1w; 500.00 0.00% 000 0 00 0.011 (1.003,, Total Finance 134,647,1111 30.41% 7,0513.23 9.787.19 (1,928.98) -24.55% 28388.19 23.598.27 2,199.97 1.523 OR 0,00 1.523 OS 2,051.09 1.941.65 109 43 1.8.142 1,.51252 3.35.90 432,18 35157 70,71 0:327.17. .1,737.29 1,539.92 2.1100,110 0.110 2.000,00 125.00 382.76 (157.761 125,110 106 07 18.93 125.00 000 125,013 15.090,00 15.050.00 00,00) 2,300,00 7..772.91 (272.911 0310 0.00 11.00 50.120 196.14 (146 1,)1 240.00 170.110 70 00 0.00 0.1,10 0,011 40.635.27 53,1/61,14 7571.13 (11(1.00% 5,3;1% 15.17% 111.21/t., 21.3475 iromir -126,211, 1.5.14'N 100,00' -0,33"4 Fividisork i.orriplelvd and 5il1c4 caring than 3n1l0ipa1t..1114 budgcf -10.9219 Will kiccrel5e now tlyld 50.1,1 rd.hgantlally compiried 0.00% .293.28% 29 I 7°O 0.001., 12.49% 1910 Planning 34 Zoning FT SsInnos PT 9405,-scs VERA Contribu110;6 PICA ConiriInunsinc Medtc34c Consr!but ion!, HailliuDenial Insuisiner Workers Conn pensosion Dussul»2ser C,ereiiv cUTSUI cosr recovery Office Sis1'9lie5 165n140 Corals Engineering Service, Cenirne; Scnices Posev,v 01, leoge Ali,stellsincous D106iStibeinpnons, COnterences2. Fuuning Tula! l'IssnnIng 34 Zoning Full 1 cur BIJDC,IS 1015 ',, 10 (laic 152354310 47.14794, 3,600310 0,10.1% 9,8494111 5313% 9,646.1111 49,48% 2,022.00 40-49% 72,047.0n 45,96./4 S00.110 71.8294 (16,500-00) 53.43% 1.800-00 31.24% 7.511.00 12247% 205006,110 47.Nr6 5,000301 0.0094 100130 3.3.5% 250.00 8,37% 5110.1.10 0310./4 6011,110 0,0094 300,110 010% 2,000.191 112594 214,211310) 45-157/. 1930 lInginstrissuSurviens lingitusursrus Services 54.800410 1151al Engineering; Survices 54,00113111 19411- CH) 11011 Cleaning Supplies Building Repair surpr,,, Haw, ItessuirssAilint Cuturce16.)1 114 Repairs/1151m Coruna:2W! 150,0 Fncility Le.sse M111).cu4lussuous Tutal City Bull 39.69% 34.11(Vell 511.00 11,00% 3001111 03111% 63100.00 77,23% 353.00 166.1694 4,11011.0U S6.8951, 7,700600 NU /1.4 29,532.00 4 i.67% 304010 170.56% $(1,235410 511..7.599 To(ssl Grneral Goissrninent 984,063,00 46-.92./ SsIONTII rFD 1911DGI71, ACTUAL Vanzwee (5) 14009119c ("4) 31..113GIST ACTUAL Vari-ince (5) Islonth Mniiill Mow!, Illorull Y1 0 1' FD YID 1 1,F25.3 1 1.1.6611.97 (1,835.61) -15.52% 64.351.69 72,930.99 19.579-510 276.92 0.00 .776.92 100 034 1 ,523.015 0,110 1,52331/4 757.62 (,021_10 I 263.45) -34 7S. i, 1,166 SS .5,242.30 ( 1,075.42) 665.)9 302 62 1(1733) -20 60. 4 3.657.92 4.277,83 (6)9.91) 155.54 167.62 112091 -7.7774 855.46 150.30 1124.911 2.465.15 2,678 OR (212.85/ ,5,63°F 13,559.35 14.729.410 11,170.63) 0.00 0.00 0/00 0 00)4 300 0)1 574.57 22543 11,375.001 0,592.63) 217,63 -05 8394 [6.5733101 (S,S15 59) 1.940.59 1511110 478.61 1323.61) -219.0794 750110 562.40 187.40 Gi011 LW,/ 0391 C00% 250,0) 9711.011 (670_00) 1,500.00 646 oil 951.00 56.73.4 7,500 00 9,371.25 (2,076.251 Clikl 1:(110 11,1)!) i) iliri-i 1-750.00 0.00 1,250.111) 0311/ 6.70 (6.7)11 0.0094 .50,00 6.70 43 30 20.00 20.93 (0.931 -1.65% 100.00 20.63 79.07 411 00 0110 4000 100 00 '!-4 2011,191 0.00 200.00 50.00 0.00 50.00 I 061)074 250.00 0.00 250.00 25.I.0 (WO 2.5.0( Incwr -,, 125191 ()no ris.nn 0,00 11,00 0.00 Oif),PS 500 Oil 225.00 27300 6,555,63 17,892.87 (1,-137.24) -9408./4 93,01.3.36 101,232.77 1,9,2 19-31/ V.0-uince (50 5570 -13.33°14 100.0014 -25.8114 -16.9574 -1.1.61)% =41.63',/ 7.51/1". ;269 00`n -27,711; I (40,00"-'( 86.60s4 79,07.» 106.000) 00_041.S 010.06.4 55.00.4 -3)14% 4,600.150 2.627,95 1,97205 42.577.4 22.600 00 21.74235 352,65 .1.77`!0 4,600,1/0 2,627,95 1,972,05 42_8794 12,6011391 21,74735 852,65 3.77% a.ou 500.00 0,17)1 500.01) 29.00 4,161.011 12.00 0.00 031094 0.00 25.00 100.0014 270.63 22133 45,0796 11294 012,94) -100310.4 .126.00 174_00 3.1 AT ,s 1,173.66 (523 661 -811.56% 2A61,00 0.00 0.00% 148,50 (12.3.50) .494.0094 4,49:1,75 (331,75) 67,8011.0P 90,08(32. (22,01.32/ -33.750/, 25 00 !2.5.00 2,500,00 353.00 250000 3-700.00 )230360 125.011 21,133.00 423,307.51 1170 0.011 4,()31.9S 556,54 5.213_13 5,257 36 12,305.00 51 1.68 2;,507.69 :Li (10 12540 (2,133.981 1233.54) 11-7)3 1.1) (2.05730 0,06 jS6.6S) (7,174.69) -34.90.1 1`10visissnue notes 100,110.s 1110.00% -55.36% 1.16d00i uessinscrl ;influx sole in 1011 -66.16'4 .109.53.4 VTD: Eleutrscul !swing nuuded sn neve 091131 00). 4pucC 15,2 710 -6-129% Nu5s copitse !caw and usage overage lees 0.0TO -309 .14^;iii 461296:91 (31/.31/9:10 -9.11794 Dertad Dr PT 420 • 11.)111 IC NA MTV lull Vlql 9ION1 li 5°T11) BUDGET 1.3U1.1UET ACTOAL. Varian, (51 Variance co utlocr-r. AC l'IJAL VallAriCC (5) Varian, 0)0 21100 . Policr 1015 '55) tilt.: 5.19ruti Moran Month Minnh VTD YEE) 910) V 11.1 Lair En Itircernent Conin-rei 517,799.0(1 0,20%, 0111) ().05 0,00 n nira 0 00 1,034-72 (1.1.134,22; ., I 00,90,, 1'owl rnlIce 517,799.09 41,209)7 0.09 0,119 0.99 0.0055 0,80 1,91122 (1,934.231 -109.0055 2150Pram:1919n Atinney 50.011,110 48,18% 4.200.00 4.512,50 (312-99) 97.449,, 29.990011 25.1107.50 (2,11.17)0) -111,47% "Cow1 Prutoau0,111 50,000 460104 4,290.00 4,512-50 (312.50) .7.4451, 30,909.041 2.3,937.50 (2,119,591 .954755 2220 - Flre Fr Solorizr 63,6)4,09 43.2950 527509 9.409.60 (131.9)9 .2 41090 29.02900 29,70091 1671,90 .2 319), PT Sahli,. 12.3,121,0U 311.4794 9,470.95 5,104.18 1,365.97 14.42a 52,1189,05 37,520,19 14,569.49 27.979i, YID correction Inr accrual hack (0 2.0 41 ler FOC Fr PF.R.A Ceinnibriliona 12,116,00 43.91% 93299 1.083.90 ((56,9))) - in.83% 5,126 01.) 5,925 521 (7)/9 55) .15.609; FICA roninbulions 7,633.09 32,34.2, 937.15 421.15 191509 38_77% 3229 35 2-506.53 712.82 22.3555 8ledicare 15091rihiriinns 2,790.00 38.91% 213.10 189_33 24.52 11.479), 1,179.15 1,011.79 94.29 9.112)),) 119,001/Dertal lon)rn nee 14,243.00 44,I II% 1,095.92 1.142 00 09.30 .-923% 6.025.138 9,231.00 (255.(2) -4.23)a 1.1n2npleym701Urneti (9 0.00 9.0000 1409 0,00 9.151 0.001)5 9,00 0.00 ,1.59 0905 Wur6er5 rompierna non 9.000.09 193.77% 9.00 0,09 0.99 9,01255 9,01800 14,799.09 15,739,09,1 .6177" a Oue in 119.)1.31‘ inemise irflicc Sopp:ic., 050,00 34.73% 70,00 41 91 7.8.09 40132 150.r/11 1295.19 94.8) 15,665 EMS !alippli,95 3,1044181 3,31))1, 280.011 0 99 2110.011 100,009i, 1,40001) 129.69 1.27031 99.7.07a 45re Pierention 3,0181.1111 0,1/055 25035 9.90 250,00 /00 009i, 1,250110 li 00 1.250,99 11.81,00`)i, Eu91,011,5 fluids 13,010.09 23.69% 1,075.00 389.52 685.18 93.7455 5.375 GO 3,079.24 2.393.76 42.1175 5rn021 07015 K. Equip 20,/.192,00 63455 1,751/1111 255.00 1,495,90 85.43"a 9,750.00 1,37409 7,425.92 84.1734 Phyrirals 3,181,90 1,33% 235.09 0 NI 295.90 109.90'a 1,325.99 215.00 1,9611,00 811.140t i, 110210 21,562.00 23.511% 0.09 625 90 )625.001 ,100009, .5.399.50 5985 2,9 305.22 5.06"1, Milazile 250.011 161,92% 79.011 404.85 984,801 -1924,005. 110.00 404.10 (294.192) .268.0)19.a Insu19(e9 3,307.011 87.92% 0 91 9,01) U 00 17.00"i. 8.3117.in 7.229.09 1,078.00 12.983: Annual premium)). hil Ind ) \ pril Electric Llionly 17,009.00 47,12% 1200.99 678,94 721 NI 51,055,i 7,201190 9,9(19,82 1499.82) -11_259r Rriese 1,1100.00 1.32,4550 95.97 296.39 1101.38) ..212 399a 423.90 1,334.45 (199,45) .211.944 Rerairiadaini Bldg 2,000.90 226.89% 195.00 94,63 70.37 42,65% 825.90 4,537.89 (3.712.89) -150.039. RcrainMaini Equip 33,260.00 16,4355 2,779.00 695.23 2.194.61 75.9170 13,850 09 5.465.34 1.384.66 503455 (Jai Inrni), 1,5110.99 22.3955 2.1111,011 36,43 (21.55 55.44)„ 1.040 99 559,73 .(50.25 49.18)5 Miscellaneous 1,1410.0 65.99% I 25.09 7.99 97.10 93 95°)) 62509 989 91 i2o4.91) -A 39% Duvg & Subwrirtions 3,5118,0/1 66.14% 245.00 0.1/0 29999 100.000), 1,45099 2.320,04 (870941 ,,90,1109) ri.o., :Moo 0.0050 20.0r) 0.00 20.00 1119.00% 90.00 9.01) 90 90 1911.30),, Con lerenrcs .9). Training 12.375.00 26.72% 1990,99 823,1)(1 175.90 17,51110 5,123.00 3,30.6,0 1.818 35 35.4675 Cent -acne).* Si. rrainilig Ilienntr! 11.00 MVO% 0.00 (1.1)0 99(1 0,90'a 9,90 9.00 0.09 0.00,,, Tani' Fire 385,312.00 311.815)"1111„1511,47 20,697,08 6,653.39 24_3392 161,563.53 142,081,19 26,482.34 15.71% 2050- flre Rellel 01)c Siam Aid 37323.111 0,00% 900 il 9)) 0,99 9.90°, 0.00 0.011 0.90 0 00% 'Total Fire fleliar 37_123.00 0.119111, 0.00 980 0.09 0.111136 0,00 0M11 0.00 0,00% 119,03)1,5 Full Vc.0 201- IluIlding Insprrilon BUDGET 131.11)GE1 2015 500 .130. Month Sullrics 149,606.00 25,6150 11,508.15 PURA Com rth ution. 10,946.00 7.6A914 834,31 FICA 1O94rlF0101-1,, 9.27600 24.12% 713 54 RIMiczru Cuotributionk 2,169,00 24,13% 166 35 1-10,1101/Dcr001 Inc 'urine 28,486.011 27.3050 2.191.33 kJucmrlaylucnt flewlics 11.011 000% 0110 141'0[1cer Con9perucllum 1,1100.00 22014% 0 00 0119cc Supplies 2,100.00 6.81% 175,00 alcri Forms 700.110 16.5/0/0 0,00 Fncl. Oil ,6 Rout= 5.5101.01.1 4.47% 450.00 Fnrinering 9000.110 31.95% 750.011 fnupector Conk94c1 SerVICO 67,200.119 13,00% 5,000.00 191110cge 3,500401 3731./k 300.00 Inuirlurc 900011 20,001', 75.011 14,c79)0F.191000 ELIkup 2,300.011 9.94% 200.00 1.1ru70nn$ 3.50.00 0,01115 70.00 6.10cellalcous 651i.va 18.73% 65,00 Durs 5005cript50,i 700011 0,0650 60 00 Dtkoks 3.0110.110 23.95% 0.011 Now Truck 23.0110011 0.00% 1100 ConrcrCnces St 'Tr'.'. 2,775.01 16.581' 0.00 In‘rkectlum 323.558.00 2253°J. 25041^ EinergenCy 011110ktilliCatitilIS kThritract Sem7ce4 'Trout Ernerguncy C,0090)10i040i011s 2700 nlm41 (,:001col Printed F0mks Connal 5:cr.-ices 641.rellan0005 (101000141V Tula! Animul Como! Tntal Pll41Ii .5af1'r) 22,54 .18 7,0110.011 1 00 7,000.110 000% 0.00 MONTI] Ylk) AC'TU191, 00rialcu (.10 Vprianrc 1°,0 1.1137301/T AC ri r AL 6'0410.-.9 Si V01..094(r 0.) 1,10,011 11-10001 1\10nih \'TO 1")13 YTD lt 1.1 6_111 if, 5,174.59 41 90% 03.794 05 38,313.63 24,981.22 39.47% 475.02 359,29 43.1091.° .1,,05,69 237.350 1,715.19 37.387) 367.55 345.99 48.49', 3.924.49 2,237.79 1,686 7e. 43 94.% 3.5.00 81159 45.*°,, 917.05 523.33 194.31 42.977, 1.114 Orr 777.23 35.479', 13051.71 7.777011 4,37.1.77 35.470', 0.1111 19060.00% 0,00 [LIM 0.09 000°, 0.00 0.00 1.1.00,, 1000 00 2,201.30 0.201 "...IS) -120,14% 40.76 114.24 70.717, 375.00 142 95 752.0$ 33.66% 0 00 03013 0.005, 175.00 116111 58.91 33.60% 0.00 450410 10011014 2,25000 246.07 2,0113.93 69.06% 745,75 4,25 0.571. 3,750.00 2.375.77 570_314 23.31°, 2,43400 2,5195500 5111°, 19k101.10.1 12,094.24 0905,76 36.357; 3 t,(1.47 140.071 -20.1675 990.00 131290 (4)1.961 .45.98% 0.00 75.00 100.00% 37500 180.01 195,00 52.0001 AgIvIcl I pr.:011100k 0 Ilcd A.0-0 0,00 3013,00 10004r ; 935,00 228.68 596.32 75.297., 000 70.00 106.009., 350.00 89.98 201.02 74 29"O 2.5.00 3001) 54,55'0 375.00 171.76 153,34 55,723, 11,1111 60 00 u0,0050 ICU 110 385,00 (35.00) .28 130, 0,00 0.00 0.00% 1,00000 71849 1231.51 64.0816 Ilk% 0.00 0,11r 1% 7.00 0.00 000 0.00"n 0 f0,1 LYN WWI°, 71)11.1(1) 460m7 240.00 34 ', k 12,211207 10.267.01 45.53% 117,652.42 72,898.44 44,753.9/1 38.04% 0.00 1,7511,00 0.011 1,750.00 1101)04.5 0.00 0.00 00100 1,730.00 0.10 1,750.011 1000009 11.111) n.00% 17au u ou umo 0,110% 6000.00 45.4204 500 GO 500,00 0.00 ikur,1 300.00 69.3805, 6500 75 ofl 00,001 -15.33% 6,8110.00 .0.2450 56.5.110 575.00 (10.001 -1.77% 1.327,792.00 IL1650J 54,664,55 _38,1166.65 5417.911 30,10% 77107 0.011 0110 3,000, 3.50000 2,725.00 1225.010 ,9,0050 325.00 555.00 230 (30) -70 77)9 2,315.00 3,28000 455.001 .16,11% 311.690.95 242,38135 69,309.60 22.24% Ort,,L6 nrrr 430- PIUIL,IC Wo loos Full Year ❑UU35T 13U0Gr1 31011 . Public Wurks 2015 % 1o+Idle hlcnlh FT S;tlnnes 153,314,00 37,64% 11793,35 rr Salaries 23,460.00 2,63% 1.61/4.62 r E(W Conns1u010n5 11,113.011 38.94% 635.00 FICA eonrribu,isns 10,960.00 31.71°A, 843.03 NItslicarc Conlribullnns 2563.00 3112% 197,1.5 Iir,111'DenU1 tn0urancv 34,183,11u 46.64"l, 2,67946 Uucmplo nlen1 Uc1mh is 0.00 0.110% 0.00 Workcrs L''ontpcnca,ie, 6,000.00 228,79% 500.00 Office Suppl,cs 2,000,00 0,00% 165,00 Shop Mnloo,1ls 1,00.011 57.,430. 12.53111 Building Rcp.n r 0. 'plicc 510.00 17.3511 41U70 Shan Toms and Minor Equip 1,200_00 69,13 i 100.00 Fnyiorrring Service, 9,0(10,00 76,44% 754100 Ctm0.lcl Senmcs 4,000.00 19.19 % 0110 14....61,11 1,300.00 23,779') 0 00 Mdcsec 0,00 0.96 d.(e) Insuw no.: 210110.110 78,74%, 0110 Elech,c Ulduy 26,000.110 511.35% 1,500.00 1166.1sr 2,4011,00 44,1199'" 20010) Fuel. n0. F791,ls (AI3, 'lrrl;l 47.0un.U0 24,91% 2,300.00 061,o44hk1ini Bldg 3,5110.00 77 5401, 300,00 R:p,n7M o'n1 MOT Bldg 500.00 11,007. 40,00 Reratr'M:rinl Equip ((sun 5,006,00 5.15% 400.00 0,11,10010n) l'ml: 7,5t10.00 11,00% 625,0) Uniforms 2,11011.1111 311.65% 16500 Mi,rcllmu;uu, 1,000,00 1331!, 100,00 Landwlp,ng M:dcnal 50(1.01) 0.00% 123,00 Dues 03 Subscrip00ns 200.00 0.00% (rn0 Cur, i''ccnccy & Twining 1,500,101 11,00°6 000 Clean up Days 5,000.181 0.00% 0011 TuIn1 06101c Works 380,195,00 411,44% 25,757.69 128.97 2 89900 5530 0.00 0,00 0.00 0,011 10,00 509.50 2674i 0.00 p,11n 0.00 1,534.62 216,6'7 2.294 `11 139 90 0.00 0.00 0.00 190.37 000 0,00 11,uo 0.011 non 10.000.81 SI0NT11 var.r..-IS) 1,10101) 2,432,47 L&)5 62 152.92 _291,73 rag IS (269.54 i 0.00 5110.00 165.0)) 1225.011 49.00 911.00 240,50 1262.43) 0.00 11.00 0.00 (31.621 (16.67) 205,01 160.10 40 000 4011.00 625.00 (2_5 37) 1100.011 125,00 n un 0 00 0.00 6,956.88 Varian, (3<t I3UFIGEI Ai rI Id1. Variance (51 1'1ll YTI) YlD (0.063.62 57,769.74 7,153,56 WI/ MO. 9923.35 618.081 9.307.33 17.029, 4,702,50 4,328 27 374.23 34.609% 4,636.93 3,420,93 1,215,99 34.581), 1,084.33 30(1.05 28.1,27 .10.2.51), 14,462.04 1594430 i1,482.461 n on", 9.un n on 0.0a 100.0,0/ 2,300.00 13,727,33 (11.227331 100.0000 575.9)1 0 00 625.00 WO 0225.00 767.16 (162.161 100.00°.i. 2011100 66 75 113.25 90.00'-, 500.00 129.57 (329.57) 32,079', 3,750,410 6.8797i (3.129.75) -100.009, 21)181.00 76776 1,23' 22 0.010n 325.110 309.06 15.94 0 00'; ; 0.00 0,110 0 (10 1100s, 10,000.00 15,748.00 .3252,00 -2,31 °,u I3,0 ),n0 14,09 7.04 (1,1197 0a ) -5,33°a 1,000,00 1077,31 (7731) 8 7)) ,20,I01110 10,435,79 9,511.30 51.37% 1400.1111 2,71J 74 (1,313.74) 100.010, 200.00 0,00 100.01) Inn fur„ 2,01n1,00 257 30 1.742.50 100.00°, ,1,173.00 2255.119 669,91 .14 00°-,. 6225,00 772.97 52,113 100 00'„ 300 00 133.33 166.67 1011,(41'., 125.00 0n6 125.00 n.ou 5.0.00 0.00 50.00 0.00% 375,00 0.00 375.00 0 00., 0,311 0.00 0.00 U;e o3awre hI' as i'r, p'enll eoa von' elasc Io 93,77° 790%, 26.22% (627..° _10 25^ 0.009, .449.09°, Esper,:+c .pn<t.I q,0 In Ilse F+1dir« 13"., rnlc mcree.ac in a01 5 I151,004b 36.63% -65,919% -63 ,16" , 61.61°, it 1U°. 21.269% -7,71"a 47.56"4 .93 S 1^, I nu.00 67.13'5 27 6.3146 5.,1.56' ( 100.0(°:, 11p 1,00", 100 00', I1,14r, 27,111'/, 172,749,01 153,752.62 19.047.19 11.02% 3110-Swells Egs,pnlooi l'.u)s 3,000.00 34,I8"!, 250,00 1,02.5.36 (775.361 .310,15') I 51).00 1,025.38 224.52 17,977, Street 11aintenaacc Maluwls 211,0)10.110 13,41 0, 7.010) 041 325,45 1,674.55 53.73%b 7,000.00 2,062.1 I 4.317.5') 51.66"6 Scat Coatiny+C'rlck Filling 186,578,00 15,17%„ 1100 28,3.341,00 126350.1111) .100 00°, 000 26 350.00 123.350,001-1110.007a Bnur, prolcn budgc1cd In luny Sign Rcpalr 61e0011,6) 2,51101111 0,00% )Iln.n,) 378,06 (78.091 .26.1/3% 1,000.00 173.09 621.91 62 19", Con r'cl Services 8,0110.00 9.9Z% :,n;01.n0 coo 2.000,00 II)0.09"-( 2.00000 713.51 1,2'36 46 64.32% 146pairdhlnmr Equipment .1500,00 0A0%t 214l.u0 O4)9 281.00 100.000., 1350,Ou don 1,050.00 100.00 „ Tal al Slrectn 222,573.0U 1449% 4,760.00 30,078_92 (25,118.921-531.911)') 12,300,110 33,149,12 120,849.12) .169,51% Full "Vc3.444 I 43 IONTI41 rm 312.5 - leV .C.: Sono. 11,000 44I BUDGET BUDGET 3441'1411A1 V403344.4 IS) V30043,0 0,41 BUDGET ACTIIAL Variaor, 45) 1,441335344-0 (%) 301$ 443 lc dale 1 7,1Proh N toni), 01 r rrh 7,100111 YTI3 44-114/ V II) 3713 1.41414sc44341047 4513tenal 0.00 11410,110046 3 nil 21-1,110 12114.001 -I 00 .04323 1300 794.14 i 794.(-1) 4100.003, 53043'5,411 80‘000.00 39..66% 0.00 0.00 0.00 0.00% .15.000 Oil 23,724 41 21,275 59 47 43244403333 So -vice, 14,0140.011 0.00% 530 301 0.00 300,00 100 (1)4 23500330 0,041 1300.00 030,0103 Rep. 00131,034 0q3uprtren1 9,54111.00 9.5„72% 550.00 0.00 S50.00 (00)041 3,730.00 9.0445.342 15-293.021 - I -1 I .2;2°, Includes 547.200 In( snow 141,4334 111031e3 21410.31 Ice S Snow R .A1 nl 95,500.01/ 35,19741 1,351300 214310 1,156310 84,1505 51,150.00 33,51437 17,685_53 3451% 31611- Slrecl Lighting Street 141ing oinl Street Light Ina 3200 - Recycling leccyclu, 5330440, 0113ce11301004. TI/1111 32543 - Tree Progron C0440044 Sc3533404 1031343 Tree 14.33334033 2330110.00 33.06% 2350 310 1,375341 1,271 -1 I 5-31 Ir. 1 1.750 00 0,137.90 2,492.04 741 2 1°3 20,000m0 .3.1,400',1. 2,3511.011 1,078,59 1,271.41 54.10% 11,750.00 9.257.06 2,492.0-1 21.21% 3.3011350 0.110% 6,000.00 mu% 9.5110.00 UMW. 41.00 5411/.4)41 5011.011 0 110 0.00 14.00 6.11011.110 0,004433. 5310E0 03141 13,10111,00 04141% 500,00 0.110 111,11 Public Worlss 741,773,101 344 97% 5,217.69 0.00 30041(1 500.00 soomo 51111,00 0,001, 1011.01141 I 011.00V, 100.01M 100,01100 50,172.32 ( I -054.63) -42_46 °,5, 1.750,1111 2,4110501 4,2-50,00 2,5110.00 2.500.00 (1.00 1.75(300 100.41023 0 30 2,5011011 I kw 430., 0.110 4.2511.00 1110310% 0.044 U.00 254,1319.111 7.27,724,17 2,500.00 1010012, 2,500,00 100.011% 25,105,64 9,116% 0,3.041_3 DEPT 430 C1.11,1' 5200 - Parks 4, Recreation FI' 5i,rlaries T Salar;cs PERK ContnburionA F1CA Conlrillimons Medic,, HeolOu'D,,runl Insurance 1,1r,cmplrymer0 Dcncli1.5. Workers Conipen,..anuo Shop Maieriak Chem ,cals EtillIpment Pam. Duildtrw Rercur Landscaping Nlalenals Tcsok and 151intir !031+Z.1&C 1,11c‘.4ie 1,0605- Refuse Rcpai1,3518161 Bldg Rcildriklaio NOT rquip f3u1kling., Miscellaneous 'frnal Parks & Recreation & Telciphruic 1T-1136-kr-are IT-50,1re 1".56pp3,l53,031:35 rr+443311++103:+111/ INIEF C.0131133+;1231Cy Telephone Tu161 IT .3, Telephuric Grand Total oil Expense.; Solnotel Net Income OVA, Clipenses DEPT 460 COAIP Dcbd Set vice Int man Tronsfer 6;1 cos Proiccii (..S(r81g8) DEPT 491. °III FINANCING GRAND TOTAL FAY A1,1,DEPTS 3.798,134.00 iNcl Income oser 1+1,43C331-ti 1,11 Yea 1311.3NT 11 111,1DC,FJ 131/DGE1 ACTUAL Vari,,,wc (5) V111-1,11C, l'O/ 2015 r't, 1+1 date Nfor,111 61onp Moolli 77,047-00 74.00% 5.90023 11.034,75 5.066.82) 6,820,00 .55,6500 524.62 756,00 1231381 5,644-00 75,30% 434.15 777:14 (345.29) 5,249.00 69.5900 403,77 69839 (295,12/ 1.279MO 69.56% 94 46 163.44 (68 08) 19,9411.00 40.01% 1,531.05 1,450.00 03.65 0,110 11.1111% 0.00 0,00 0,110 -1,000.00 09,6200 0 00 9.00 0.)9) 5110-00 1311.16% 40.00 476.47 1436,971 750,00 0..101% 1,2 _,0 0 00 62 50 2,6n1000 59.6900 165.00 2.19.89 (54 89) .5.00.00 1,5,2600 40 Of/ 0,00 411,00 3,000,00 31,6200 550.00 685.45 (415.45) 0011,00 117.0934 83,00 607.97 (512.97) 0,110 u,00-,,, 0,50 n ,on ton 3,2111).on 95.o3% Loo o oo ihitil 8,51/0.1111 31,25% 600,90 310.15 53.85 2.5101.110 0,00% 208.33 11.00 20P,33 1,000,00 128.414/4 85,00 too 83.00 2,500.00 44.47% 225.00 4023,1 1177.83) 1300,011 14011% I 3.5.00 0.00 12.5.011 4,600.00 2934% 353.31 1,131.00 (76E.451 750.1111 24.67% 62.50 0,00 62.50 153,028.00 6,3„7117) 11,110.74 18,972.19 (7,661.72) 9,100,00 55.5300 0.110 1,199.01 11.160.011 16,000.60 26.2900 1,333,01) 0.00 1,333.09 36,0011.00 40.99% 3,0017310 3.951.43 46 515 7.8011.00 0,110% 0 00 0.00 0,119 110110.00 11.0113/, 16,000.00 1306 16,11161.06 24.660110 30.3900 2.055.60 1;199 ,11 558.59 109,5611.110 14,76',4; 22,388.00 5,616.84 16,771,16 3,3163.16.00 32,.0500 191,1011.9P 2,03.509-59 (12,128.6 I ) 452,118.00 4.18.11200 35,000.00 0.0050 247,110.00 0.00% 0.00 0.041 0,110% 0,00 200,0110.00 0.011% 9,96 27.98% 191,3110.9A 11,19) 0. 0% 75,898.73) (75.090.73) (13.266.70) ROO 0,00 42,631.95 0.00 9,09 0.00 0.90 0,00 0 00 0,00 203,5(939 112,1214.61) (13.266.701 42,631.95 iT1) BUDGET A CrUAL Varianyc 119319 Y TO 97 0 (1TO ,84.613., 32,935,27 57,666.36 124,731319) .44 I 091 2,005,30 .1.745.51) (9)0,121 .79,473, 2,:167,83 4,249.75 (1,861.901 -7,1.10% 2.220.73 3,652,5 (1,437.121 :13.039) 519 54 851.31 1334.7111 5.41% 4.436, 15 7,918.631 457.55 0.11m, 0,00 0.00 0.00 0.0035 4.00,00 3,5/4.75 415_25 .4 042:0% 2011 CO 65031 1450,811 i moo! 312 51) 0.1(1) 312,50 ,51.451, 825.00 1,172.63 043.851 I 00,110°O 2011.00 76.33 123.08 •166.1034 1.250.00 919,54 101.46 -613 36e4 4211.00 1270.82 030.821 0.0111. 0110 0,00 0.00 0.11115o 3.200 00 3,041 00 159,00 11117; 3,550.00 4,611.5.5 11,061,551 100 0001, 1,041.65 0.00 1,041.65 WO 09".. 420.011 1,2114.03 (864.07) ,,79.4.19,, i,u25,1:n 1,111.83 186.81/ IOU 009, 625.00 11,00 625.00 .3,00.47% 1,910.85 1.349.78 56n 57 100 01)'). 31250 10,00 127.50 417.7420 68.68131 97,480.62 1,211.802,40) Vari-oce 130 N'TD -75.093, PosiliPti 5‘,130111+1333 ncm. employ., al cr 14ic 1130,1? 0.111 -31,54% -77,979, 4,94 49`;, -64.42% 5.4r. 11) 11% -225.413 100,003o .7n^ co.8.4% 21.123, -2.02.5ro 0.0111;, -29.90% 100.011°,, Il)11.0201 29-5' a 411,073/, -41.94% "1170.011% 0,00 5.1157.90 (5.05 191{) -10'.1.06,11 Il81.01r.0 6,665,00 4,207.011 2.418 00 36.883, 1,62"; 15,000 00 14.757.10 142 90 1.62% 01105=5 1.939,90 1/.00 1.9511.00 100,1/00', 100111350 16.000470 0.191 19,0011.06 100.0I7°.13 27,1634 10.375.130 7.195111 2.779,70 27.05% 74.91°A 49,890.01.1 31,512.38 18377.62 36.047', -6.341', 1.1110.421.49 1,067,10/033 45,621,116 4.12% 56,17% (655,518.24) 1621,068.121 34,450.12 5,26% 0.00°, 0.00 11,00 31.00 0.011.,, 04101, 0110 9 00 0.00 0,16)1, 0.00% 13110 0,011 0.00 114141% 0 000% 1300 0.09 0.00 0.90% -6.14% 1,106,421.49 1,062.600.43 15,921.66 4.1250 59)17% 1655,518.241 031,063.124 34,4511.12 5.263/0 it Ir. crry LAKE EL\ 0 (INCH_ ( IMU ATIQN DATE: CONSENT ITEM 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 July 7, 2015 4 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 through May, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2015 2014 2013 New Homes 39 9 12 Total valuation $13,383,505 $5,507,800 $5, 121, 742 Average home value 343,166 611,000 426,811 Total Valuation YTD 16,987,858 7,467,233 6,981,719 One new home rebuilt in 2015 due to fire. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the May, 2015 monthly new home building permit report. -- page 1 -- 11 JE CITY )l K E ELM( DATE: CONSENT ITEM # ‘,4 July 7, 2015 AGENDA ITEM: Section 34 Pressure Reducing Valve Stations — Compensating 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 SUGGESTED ORDER OF BUSINESS if removed front the Consent Agetztla2: 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 Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: Decrease of $2,500.00 to the final construction contract amount. 5 This change order reconciles the estimated and actual quantities installed on the project and decreases the contract by $2,500.00. With this change order the final contract amount is $91,100.00. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the consent agenda, Compensating Change Order No. 1 for the Section 34 Pressure Reducing Valve Stations to reconcile the estimated and actual quantities installed on the project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Compensating Change Order No. 1 for the Section 34 Pressure Reducing Valve Stations thereby decreasing the final contract amount by $2,500.00." -- page 1 -- City Council Meeting July 7, 2015 [Consent Agefula Pon 5 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Geislinger and Sons, Inc. was awarded a construction contract on October 21, 2014 to complete the Section 34 Pressure Reducing Valve Stations. The contractor has completed the work in accordance with the contract, plans and specifications; and with approval of this change order the contract amount will be adjusted to reflect quantities actually installed as part of the project. The overall decrease in the contract amount for this change order is $2,500.00 as detailed on the attached itemization. The Contractor was able to complete the improvements without the installation of the temporary bypass system resulting in a reduction in the final project cost. The final construction contract amount is $91,100.00, or 2.7% under the original construction contract award. RECOMMENDATION: Staff is recommending that the City Council consider, as part oldie Consent Agenda, approving Compensating Change Order No. 1 for the Section 34 Pressure Reducing Valve Stations thereby decreasing the final contract amount by $2,500.00. If removed from the consent agenda, the recommended motion for this action is as follows: Move to approve Compensating Change Order No. 1 for the Section 34 Pressure Reducing Valve Stations thereby decreasing the final contract amount by $2,,500.00." ATTACHMENT(S): 1 Compensating Change Order No. 1 -- page 2 -- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA FOCUS ENGINEERING, inc. SECTION 34 PRESSURE REDUCING VALVE STATIONS PROJECT NO, 2013.126 COMPENSATING CHANGE ORDER NO. 1 DATE: June 22, 2015 TO: GEISLINGER AND SONS, INC. 511 CENTRAL AVE 5 P.O. BOX 437 WATKINS, MN 55389 This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified es follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION /JUSTIFICATION: Per the project Contract Documents the original contract amount and basis of award is established using the estimated quantities for each Item of work listed In the bid schedule and multiplying them by the Contractor's corresponding unit bid price. The Contractor Is pald for the actual final quantities installed on the project at the unit bid prices At the completion of the project, a compensating change order Is prepared to revise the estimated quantities for each work Item listed in the bid schedule to the actual quantities installed and the corresponding Contract Amount Is revised accordingly. This compensating change order reflects a net decrease to the contract amount by $2,500. The Contractor was able to complete the Improvements without the installation of the temporary bypass system resulting a reduction In the final project cost. Attachments (list documents supporting change): Itemization ITEM DESCRIPTION OF PAY ITEM "See attached itemization for Change Order Items UNIT CITY UNITE PRICE I C DECREASE) NET CONTRACT CHANGE ($2,500,00) ($7,500.00) Amount of Original Contract $ 93,600,00 Sum of Additions/Deductions approved to date (CO) $ 0.00 Contract Amount to date $ 93,600,00 I Amount of this Change Order (AQD) (DEDUCT) 44Q.ANG $ (2,500.00) Revised Contract Amount $ 91,100,00 The Contract Period for Completion will be (UNCHANGED) APPROVED BY ENGINEER: FOCUS Engineering, inc. C1.1 a) APPROVED BY CONTRACTOR ENGINEER BY 06/22/2015 DATEDATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE BY DATE 0 days FOCUS Engineering, Inc. CHANGE ORDER FORM COMPENSATING CHANGE ORDER NO 1 SECTION 34 PRESSURE REDUCING VALVE STATIONS CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2013.126 F CUS ENGINEERING, inc. ITEM DESCRIP1 IQN UT PAY ITEM UNIT BASE BID • HUDSON BOULEVARD PRV STATION HUDSON BLVD PIN STATION 2 WATTERMAIN BYPASs • HuO5oN BUY() PRV STATON SUBTOTAL • BASE RID TOTALS - BASE CONTRACT LS CONTRACT QUANTITY UNIT POTCE AMOUNT 1 591,1B800 S41,10000 y 02,500 00 5.2500 00 S92,SCIO 00 $93,600.00 TOTAL TO DATE a:ALPE-NS/MING CITANGE ORDER NO, 1 QUANTITY AMOUNT NET CHANGE AMOUNT 151 591,10100 0 00 SUDO 091,100.00 $91.100.0o • 1.0 SO 00 -$2,500.00 52.5002,0 ,,$2,500,00 TOTALS - DIFFERENCE IN CONTRACT AND ACTUAL WORK COMPLETE $93.600.00 $91,100.00 -$2,500.00 TIIE CITY OF Lt\KEELMO Mv tv7 UNICA DATE: CONSENT ITEM # July 7, 2015 6 AGENDA ITEM: Section 34 Pressure Reducing Valve Stations — Pay Request No. 3 (Final) 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 Agenda): Questions from Council to Staff Public Input, if Appropriate.... ...... ..........„.....„..„. Callfor Motion ............„........„............................. ..... Discussion................„............................... ..... ................. Action on ..... ............ ........ POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None, Mayor Facilitates ......Mayor Facilitates Mayor & City Council Mayor & City Council ....... Mayor Facilitates 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 (Final) for the Section 34 Pressure Reducing Valve Stations project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the improvements for the Section 34 Pressure Reducing Valve Stations and Pay Request No. 3 (Final) to Geislinger & Sons Inc. in the amount of S4,555.00." -- page 1 -- City Council Meeting July 7, 2015 [Consent Agencia Item 6/ LEGISLATIVEHISTORY/BACKGROUND INFORMATION: Geislinger & Sons Inc., the Contractor for the project, has completed the Section 34 Pressure Reducing Valve Stations in accordance with the construction contract awarded by the council on October 21, 2014 The Project Engineer has prepared a Certificate of Completion indicating that all work is completed including punchlist items and is recommending the acceptance of the improvements and release of final retainage. Project acceptance will initiate on July 7, 2015 and will extend through July 7, 2016. The final total construction costs for the project is $91,100.00 which is 2.7% under the original contract amount of $93,600.00. The reduced costs were related to allowing the water system to be shut down in lieu of requiring a temporary water by-pass. Total project costs also came in under budget at $112,000 versus an authorized budget of $122,600. The project was financed through the Section 34 Water & Sewer Utility Extension project fund which has been fully assessed against the benefitting properties. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part (Ore Consent Agenda, Pay Request No. 3 (Final) for the Section 34 Pressure Reducing Valve Stations project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the improvements for the Section 34 Pressure Reducing Valve Stations and approve Pay Request #3 (Final) to Geislinger & Sons Inc. in the amount of $4,555.00." ATTACHMENT(: 1. Certificate of Completion 2. Partial Pay Estimate No. 3(Final) -- page 2 -- CITY OF LAKE ELMO, MS; SECTION- 34 PRESSURE PROJECT NO. 2013.126 REDUCTION VALVE CERTIFICATE OF COMPLETION DATE. OF ISSUANCE: July 7. 2015 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: GEISLINGER AND SONS. INC. PROJECT NAME: SECTION 34 PRESSURE REDUCTION VALVE STATION PROJECT NO.: 2013.126 171 This Certification of Completion applies to all work under the Contract Documents ri This Certification of Completion applies to the following, specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated October 28, 2014. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: July 7, 2015 Rev.„ 49028 FOCUS Engineering,, Inc. THE WARRANTY PERIOD BEGINS July 7, 20 I 5 AND ENDS July 7. 2016 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 3 (FINAL) SECTION 34 PRESSURE REDUCING VALVE STATIONS PROJECT NO. 2013.126 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, P.E., CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval Date 1 7/7/2015 TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: FOCUS ENGINEERING, inc. PERIOD OF ESTIMATE FROM 6/1/2015 TO 6/30/2015 CONTRACTOR: GEISLINGER AND SONS, INC. CENTRAL AVE 5 P.O. BOX 437 WATKINS, MN 55389 ATTN: JEFF GEISLINGER, PRESIDENT PAY ESTIMATE SUMMARY Amount 11. Original Contract Amount Additions Deductions 12. Net Change Order Sum $2,500.00 $0.00 ($2,500.00 11/24/2014 12/19/2014 5/22/2015 ..„ 3. Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 0.0% 8. Previous Payments 2,500.00 9. Amount Due (6.7-8) * etalled Breakdown Attached CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING -39 ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown In this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents, CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this paymen estimate has been completed in accordance with the contract 06/22/2015 DATE CONTRACTOR Y documents, that at amounts have been paid by the contractor for work for which previous payment estimates was issued and payments AT received from the owner, and that current payment shown herein Is DE now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA , BY BY DATE DATE . . „ e - 5 179 ON SCHEDULE 0 YES NO $93,600.00 -$2,500.00 $91,100.00 $91,100.00 $0.00 $91,100.00 $0.OQ $86,545.00 $4,555.00 PARTIAL PAY ESTIMATE NO. 3 (FINAL) SECTION 34 PRESSURE REDUCING VALVE STATIONS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.126 ITEM DESCRIPTION OT PAY ITEM BASE BID- HUDSON BOULEVARD PRV STATION CONTRACT UNIT QUANTITY UNIT PRICE AMOUNT QUANFITY HUDSON BLVO PRV STAIION LS 1 541,100.00 S81.100.00 003 2 INATERMAiN BYPASS - /IUDSON ERVO PRV S I ATION LS 1 52,500 OD 52.500,00 0.00 SUBTOTAL , RASE BID ”1,500.00 TOTALS - BASE CONTRACT $93,600.00 COMPENSATING CHANGE ORDER NO. 1 IC01-1 COMPENSATING CHANGE ORDER TOTALS -COMPENSATING CHANGE ORDER NO. 1 SZ,SM 00 -5121000 -$2,500.00 TOTALS -REVISED CONTRACT 501,100,00 FS CU ENGINEERING, inc. THIS PERI D AMOUNT 01033 00 SO 00 5233300 TOTAL TO DATE QUANTITY AMOUNT 1 00 $91400 011 0,00 $0.00 $91,100.00 $2,733.00 $91,100.00 sc) ao I saw Moo $0,00 52,733,00 $91,100=00 TI IE CITY 01' LAKE ELM AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: NC C DATE: CONSENT ITEM # Production Well No. 4 — Pay Request No. 9 Chad Isakson, Project Engineer Dean A. Zuleger, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works July 7, 2015 SUGGESTED ORDER OF BUSINESS (ifremoved 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: 7 None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within authorized contract amount and approved change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 9 for the Production Well No. 4 Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 9 to Keys Well Drilling Company in the amount of $4,047.00 for the Production Well No. 4 Improvements." -- page City Council Meeting July 7, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: [C'onsent Agendu hem 7] Keys Well Drilling Co., the Contractor for the project, has submitted Partial Pay Estimate No.9 in the amount of $4,047.00. 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 $15,367.38. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 9 in the amount of S4,047.00. if removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 9 to Keys Well Drilling Company in the amount of $4,047.00 for the Production Well No. 4 Mzprovements." ATTACHMENT(S): . Partial Pay Estimate No, 9. -- page 2 -- / PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. CHU�� n~��� ENGINEERING, inc. / PRODUCTION WELL NO. 4 PERIOD OFESTIMATE PROJECT NO. 2013125 FROM 8/29/2014 TO 6/29/2015 PROJECT OWNER: CITY OFLAKE EL&1O 3800LAVEeNE AVENUE NORTH LAKE [LPNO\ymNS5O42 4l7m:JACK GRIFFIN, P.E,CITY ENGINEER CONTRACTOR: KEYS WELL DRILLING CO. � zxssHOKxER ST ST.PAUL,NlN56116 CONTRACT CHANGE ORDER SUMMARY | PAY ESTIMATE SUMMARY No. Approval / Amount 'z.Original Contract Amount $304,800.00 Date | Additions Deductions | Z. Net Change Order Sum $0,00 l 11/19/2013 na oa ]. Revised Contract (1+l) $304,800.00 4.*Work Completed $307,347.S0 5. *Stored Materials $0.00 . 6.Subtotal (4+5) $307,347.50 / 7.Retaina8e* 5.0& $15,36738 8.Previous Payments $287,933l3 TOTALS $0\00 $0.00 9.Amount Due (lO) $4,047.00 NETCH4NGE $0.00 [��`�����.`���'����`'''] ~oe������o�dp�nAovchcdCONTRACT TIME � START DATE: 7/8/2013 omG|mxL DAYS 158 owscHsouLc � SUBSTANTIAL COMPLETION: 11/2e/2013 REVISED DAYS 0 YES FINAL COMPLETION: 12/13/2013 REMAINING -563 NO ENGINEER'S CERTIFICATION: The undersigned ccrtific that the work has been reviewed and u,the best vftheir knowledge and belief, the quantities shown inthis estimate are correct and the work has been performed inaccordance with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that mthe best of their knowledge, information and belief the work covered bythis payment estimate has been completed /naccordance with the contract documents, that all amounts have been paid hvthe contractor for work for which previous payment estimates was issued and payments received from the owner, and that current payment shown herein |s now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA FOCUS Engineering, inc M( 0\ CONTRACTOR . BY BY FOCUS Engineering, inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 9 PRODUCTION WELL NO. 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.125 ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY 1 MOBILIZATION / SITE WORK LS 1 2 SILT FENCE LF 550 3 24-INCH STEEL CASING IF 95 4 24-INCH OPEN HOLE LF 110 5 18-INICH STEEL CASING LE 210 6 18-INCH OPEN HOLE IF 85 7 GROUT CY 50 8 EXPLOSIVES LB 400 9 REMOVAL OF ROCK CY 750 10 AIR SURGING MOBILIZATION L5 1 11 AIR suRGtNG EnvEiOpmENT HRS 125 12 TELEVISION SURVEY IS 1 13 TEST PUMP MOBILIZATION & INSTALL. LS 1 14 TEST PUMPING HRS 80 15 TEST PUMPING DISCHARGE PIPE IF 2,500 16 SAND CONTENT TESTS EA 5 17 CHEM. ANALYSIS & BACT, TEST LS 1 18 SOUNDS BARRIER CONSTRUCTION SF 1,600 19 GAMMA LOG EA 1 20 RESTORATION LS 1 71 WELL PUMP L5 1 CONTRACT UNIT PRICE 526,000.00 55.00 $200.00 5125,00 $80 00 560.00 5410.00 $28.00 570.00 54,500.00 5210.00 $1,400.00 $5,000,00 $140.00 55.50 550.00 $4,500.00 58.00 5800,00 $3,500.00 553,250.00 AMOUNT 526,000,00 $2,750,00 519,000.00 $13,750.00 $16,800.00 $5,100.00 $20,500.00 $11,200.00 552,500.00 54,500.00 $25,250.00 51,400.00 55,000.00 511,200.00 $13,750.00 $250,00 $4,500.00 $12,800.00 5800.00 $3,500,00 553,250.00 TOTALS - BASE CONTRACT $304,800.00 CHANGE ORDER NO. 1 C014 REVISE COMPLETION DATE LS 1.0 50.00 50.00 TOTALS - CHANGE ORDER NO. 1 $0.00 TOTALS - REVISED CONTRACT $304,800.00 THIS PERIOD QUANTITY 0,08 1.0 ENGINEERING, inc. TOTAL TO DATE AMOUNT QUANTITY AMOUNT 50,00 1.00 525,000.00 50.00 275,00 51,375.00 $0.00 89.00 $17,800,00 50.00 122.00 $15,250,00 50.00 211.00 516,880.00 50.00 81.00 54,860.00 $0 00 29.00 511,890.00 50.00 410.00 $11,480,00 $0.00 1071.00 574,970 00 50.00 2.00 59,000.00 50.00 111.50 $25,515.00 50,00 1.00 51,400.00 50,00 2,00 510,000.00 $0.00 63.50 $8,890.00 50.00 2425.00 513,337.50 $0.00 3.00 5150.00 50 Go 1.00 $4,500.00 50.00 $0.00 $0.00 1.00 5800.00 50.00 $0,00 54,260.00 1.00 553,250.00 $4,260.00 $307,347.50 50.00 $o.00 0.0 50.00 $o.00 $4,260.00 $307,347.50 11 IF. CITY or LAKE ELMO UNICATION DATE: CONSENT ITEM # AGENDA ITEM: Pumphouse No. 4 — Pay Request No. 8 (Final) SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director. July 7, 2015 SUGGESTED ORDER OF BUSINESS (if removed from the Consent iteenda): Questions from Council to Staff ........ ............ ......................... Mayor Facilitates Public Input, if Appropriate__ ..... ..............................Mayor Facilitates Call for Motion Mayor & City Council Mayor & City Council Action on Motion__ ..... . ....... ........ Mayor Facilitates 8 POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Final payment is proposed in accordance with the Contract for the project. Payment remains within authorized contract amount and approved change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider, as part of the Consent Agenda, accepting the improvements and approving Pay Request No. 8 (Final) for the Pumphouse No. 4 Improvements. The work has been reviewed by the Engineer and is fully completed in accordance with the Contract, Plans and Specifications and Change Orders. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the improvementso the Pumphouse No. 4 Improvementsand approve Pay Request No. 8 (Final) to Total Mechanical Services, Inc. in the amount of $38,252.06." -- page 1 -- City Council Meeting ,July 7, 2015 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: [Consent Agenda Item 8] Total Mechanical Services, Inc., the Contractor for the project, has completed the Pumphouse No. 4 Improvements in accordance with the construction contract awarded by the council on February 18, 2014. The Project Engineer has prepared a Certification of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance of the improvements and release of the final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on July 7, 2015 and will extend through July 7, 2016. The final total construction costs for the project is $765,041.25 which is 2.2% over the original contract amount of $748,640.00. However total project costs remained on budget at $977,400. Added construction costs were due primarily to the increased quantities for topsoil borrow and select granular borrow required for site work and site restoration. Topsoil was imported to the site due to the lack of existing topsoil that could be salvaged on site. Additional select granular borrow material was imported to make soil corrections under the footing of the building. Soil corrections were needed to replace unforeseen poor soils. The project is being partially funded through the MN -DEED water system grant. A breakdown or the project costs compared with the previously approved budget is shown below. Total Project Costs: Funding Source: DEED I.Vater Agreement Funds: Water Enterprise Funds: Post Construction Costs Authorized Project Budget Costs $977,400 $977,400 $263,516 $713,884 $260,000 $717,400 Release of final payment is contingent upon the Contractor submitting final lien waivers. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the improvements for the Pumphouse No. 4 Improvements and approving Pay Request No. 8 (Final) in the amount of $38,252.06. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to accept the improveinentsfor the Pumphouse No. 4 Improvements and approve Pay Request No. 8 (Final) to Total .11, echanical Services, inc. in the amount of $38,252.06." ATTACHMENT(S): 1. Certificate of Completion. 2. Partial Pay Estimate No. 8 (Final). CITY UV LAKE. ELMO, MN PUMPHOLISE NO, 4 PROJECT NO. 2013.132 IMPRO \'EMEN1S CERTIFICATE OF COMPLETION DATE OF ISSUANCE: JULY 7, 2015 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: TOTAL MECHANICAL SERVICES, INC. PROJECT NAME: PUMPHOUSE NO. 4 IMPROVEMENTS PROJECT NO,: 2011E32 This Certification of Completion applies to all work under the Contract Documents fl This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated FEBRUARY 18, 2014. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: JULY 7, 2015 Chad Isakson Reg. No. 49028 r FOCUS Engineering, Inc. THE WARRANTY PERIOD BEGINS JULY 7, 2015 AND ENDS JULY 7, 2016 PROJECT PAY FORM � PARTIAL PAY ESTIMATE NO. 8/FinaU PUm1pHOUSENO, 4 PROJECT NO. ZO13.132 PROJECT OWNER: CITY OFLAKE EUmO 38OULAV[RNEAVENUE NORTH LAKE EUNO,N1NS504% AJTN: JACK GRIFFIN, P.E.'CITY ENGINEER No� CONTRACT CHANGE ORDER SUMMARY Approval | Amount Date I Additions Deductions I I1/18/2014 $9'60475 Z 2/3/2015 $6,796.50 TOTALS � NET[HAmGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: ENGINEERING, inc. PERIOD DFESTIMATE FROM 1/23/2015 TO 5/27/2015 CONTRACTOR: TOTAL MECHANICAL SERVICES, INC. 420BRO4 WAYAVE ST.PAVLPARK, MIN 56V71 4TTN:MARK D|ES3N[R PAY ESTIMATE SUMMARY l.Original Contract Amount Z�Net Change Order Sum 3.Revised Contract (l+2) 4. *Work Completed 5. *Stared Materials 6. Subtotal (4+S) 7.oetainage~ 010% D.Previous Payments $16,401.25 $0.00 9. Amount Due (6-7-8) $16'40I25 °Dew8cdB,nkvbwm4ttochcd CONTRACT TIME ORIGINAL DAYS I14 REVISED DAYS u nFxx4|m|w6 '159 ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and mthe best o*their knowledge and belief, the quantities shown inthis estimate are correct and the work has been performed Ioaccordance with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered bythis payment estimate has been completed inaccordance with the contract BY documents, that all amounts have been paid hythe contractor for work for which previous payment estimates was issued and payments o«rc received from the owner, and that current payment shown herein i, now due. FOCUS Engineering, inc. »U' JI\ APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE ' FOCUS Engineering, inc. ~' CONTRACTOR BY $74D,64OI0 $l6'4Ol25 $7§S,04l25 $765,041.25 $OIN $765,041.25 $Om $726,789.19 PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO, 8 (FINAL) PUMPHOUSE NO. 4 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 1,5 560,000.00 560000.00 50 00 1.00 560,00000 2 DIV I - MOBIUZA DON LS 510,00000 510,00000 50.00 1.00 S10,000,00 1 Oiv 2 -SITE weRK i S 1 545,000.00 545,000.00 50.00 1 00 545,900,00 4 ON 3 - CcINCRETE 15 1 $30000.00 $30000.00 5000 1 09 530,00000 5 DIV 4 - mASONRY LS 1 559,000.00 559,000.00 SO 00 1 00 559,00000 (", Div 5 - METALS L5 1 $3,000 00 51,000.00 50.00 1 OD 53,000.00 7 Div 6 - CAREEN Eliy LS 1 519.00000 519,000 Oo $0,00 1.00 5E9,00000 8 Div 7 • THERMAL PROTECT -ION LS 1 510,04040 513,000.00 00.00 Loa 513,00000 9 Div 8 • DOORS AND WINDOWS LS I S17,000.00 512,000.00 50.00 1.00 512,000.00 10 Oiv 9 • FINISHES L5 1 S10,000,00 510,000.00 50.00 1.00 510,000.00 I I DIV 10- SAFE'TY AND SIGNS LS 1 55,00000 $5,000.00 5000 1.00 55,00.00 12 DiV It • PROCESS EQUIPMENT Ls t 560,00000 560,000.00 50.00 1.00 $60,000.00 13 DIV 15- MECHANICAL LS 1. 5137,900 00 5132,00000 50.00 1.00 5137,900.00 14 Oiv 16- ELECTRICAL LS I 5243,00000 5243,000.00 50 00 1.00 52+43,000.01 IS COMMDII EXCAVATION in CT 350 $11.00 53,850.00 50.00 35000 $3,850 00 16 TYPE 50 12.5 BITUMINOUS WEARING COURSE MIXTURE 12,R1 TN 130 $108,00 514,040.00 50.00 114 0 512,313.00 17 BITUMINOUS MATERIAL FDR TACK COAT GAL 35 56 OD 5110.06 50.00 35.0 5210,00 18 AGGREGA cE BASE ClAsS 5, 100% CRUSHED TN +90 $20.00 53,800.00 50.00 237.0 54,740,00 19 SELECT GRANULAR BORROW (MODIRE DI TN 380 $13.50 5E+,130,00 _ 50.00 637.0 58,599 SO 70 5" cOnicRETE SIDEWALK 5F 23S 55.00 51,175.00 5000 235 0 $1.175.00 21 TRuNLELIED DOME PANELS ST 8 540.00 S320.00 50.00 8 0 $320.09 21 TOPSOIL BORROW iCL9 cY IS 565,00 5975.00 $000 726.0 51+1,690 00 23 TEMPORARY ROCK CONsTRUCTION ENTRANCE FA 1 51,000.30 $1,900.00 _ 50.00 1.0 51.,000 00 34 sill FENCE, MACHINE SLICED LT 400 $3,00 51,200.00 50.00 400 0 51,200.00 25 STREET SWEEPER HR 4 5110.00 5440,00 50,05 4.0 5,140.00 26 SOU sv 2,400 54.00 59,600.00 50.00 50.011 TOTALS- BASE CONTRACT $748,64000 $0.00 $755,436.50 CHANGE ORDER NO. 1 01-1 HYOROSEEDiNG SY 2,945 51.90 55,590.50 50.00 2945.00 55,595 50 C01-2 GRADING FOR 50ii_ CORREC7ON HR 14.5 5276,50 54,009.25 50.00 14.50 $4,009.25 TOTALS -CHANGE ORDER NO. 1 $9,604.75 $0,00 59,604,75 COMPENSATING CHANGE ORDER NO. 2 1302.1 COMPENSATING CHANGE ORDER Ls 1 56 796 .50 56,796 50 SO 00 TOTALS -COMPENSATING CHANGE ORDER NO. 2 $6,796.50 $0,00 TOTALS -REVISED CONTRACT $0.00 1 Sox° $765,041.25 50.00 5765,041,25 THE CITY OF LAKE ELN 0 -`0 DATE: CONSENT ITEM # UNIC/1 July 7, 2015 AGENDA ITEM: Ownership & Maintenance Agreement — 11732 58'1' Street N SUBMITTED BY: Joan Ziertrnan, Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adam Bell, City Clerk 10 SUGGESTED ORDER OF BUSINESS(if removed from consent agenda): Introductionof 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 Ownership & Maintenance agreement for Andrew & Autumn Schinka at 11732 58'11 Street N as part of tonight's consent agenda. FISCAL IMPACT: None SUMMARY AND ACTIONREOUESTED; The City Council is respectfully requested to authorize as part of tonight's consent agenda, the execution of an Ownership & Maintenance agreement. The City has received a request to install a Private Drain Tile System within a drainage and utility easement area at 11-732 58'1' Street from Andrew & Autumn Schinka. Approval of the requested improvement within the City's drainage and utility easements, along with the Ownership and Maintenance agreement 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 Ownership and Alaintenance 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 Iron 1(11 July 7. 2015 "Move to approve the Ownership & Maintenance agreement for Andrew & .4utuntn Schinka, 11732 58" Street N to install a Private Drain Tile System 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 conunercial 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, approval will be given and an Ownership and Maintenance Agreement is needed before the work may commence. The Ownership and Maintenance Agreement that has been submitted for Council consideration is for a Private Drain Tile System and has been reviewed by planning & Engineering staff The proposed Private Drain Tile System meets all city code requirements and Staff would have otherwise authorized construction of the Private Drain Tile System if it did not encroach into a drainage and utility easement. BACKGROUND INFORMATION (SWOT); Strengths: The Ownership and Maintenance 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 ribrementioncd, 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 Ownership & Maintenance agreement for Andrew & Autumn Schinka to install a Private Drain Tile System within the City's drainage and utility easement." -- page 2 -- TI IE l'Y LAKE ELIV 0 L. A DATE: CONSENT LTE[1 # AGENDA ITEM: Easement Encroachment Agreement — 528 Juniper Court N SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Rick Chase, Building Official Adam Bell, City Clerk CAT ON July 7, 2015 SUGGESTED ORDER OF BUSINESS(if removed from consent agenda): Introductionof 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 11 POLICY RECCOMENDER: Staff recommends that the City Council approve the encroachment agreement for Paul & Katie Ristvedt at 528 Juniper Court 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 encroaclunent agreement. The City has received a request to install a fence within a drainage and utility easement area at 528 Juniper Court N from Paul & Katie Ristvedt. 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. Stall is recommending that the City Council approve the easement encroachment agreement as part of the Consent Agenda. the City Council removes the item .from the Consent Agenda, the recommended action can be completed through thelbllowing tnotion: -- page 1 -- City Council Meeting [Consent .4gencla Item I I] July 7, 201.5 "Move to approve the easement encroachment agreement for Paul & Katie Ristvedt, 528 Juniper Court 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 cotnmence. 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, the City Council removes the item from the Consent Agenda, the recommended action can be completed through the .follovving motion: "Move to approve the easement encroachment agreement for Paul & Katie Ristvedt to install a fence within the City's drainage and utility easement." TI iE crn- (JI AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Eagle Point Boulevard Street and Award Contract Ryan Stempski, Project Engineer OM' 4U-, DATE: REGULAR ITEM # : A noN July 7, 2015 12 Utility Improvements — Accept Bids and Dean A. Zuleger, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation ...... Questions from Council to Staff Public Input, if Appropriate..... Call for Motion ....... ...... ............ Discussion ..... ......... ............. Action on Motion City Engineer ......City Engineer ..... ................................... Mayor Facilitates ...Mayor Facilitates Mayor & City Council Mayor & City Council ........ •.. Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $1,249,494.09, Approval of this resolution commits the council to entering into a construction contract for the project with a construction contract amount of $1,249,494.09. In accordance with the City's Special Assessment Policy this improvement will be 100% assessed by the abutting commercial properties. However, the post bid project costs now exceed the preliminary assessment amounts by $61,600. -- page 1 -- City Council Meeting July 7, 2015 SUMMARY AND ACTION REQUESTED: [Regular Agenda Item 12] The City Council is respectfully requested to consider accepting contractor bids as presented and award a contract for the Eagle Point Boulevard Street and Utility Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2015-55, Accepting Bids and Awarding a Contract to Miller Excavating, Inc. in the amount of $1,249,04.09 for the Eagle Point Boulevard Street and Utility Improvements." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Bids were received, publicly opened, and read aloud on Tuesday, June 30, 2015. The City's design consultant has prepared and attached the Tabulation of Bids and a letter of recommendation for the award of the contract. The City received seven bids for this project, with Miller Excavating, Inc. providing the lowest bid in the amount of $1,249,494.09. The feasibility report construction cost estimate was $938,000 for the street and stone sewer and $79,000 for the sanitary sewer construction for a total construction estimate of $1,017,000. The watermain construction costs were not included in the feasibility report, but would be paid from the water enterprise fund to extend trunk watennain to the north side of Eagle Point Boulevard as part of this project. After deducting the watemiain project costs (enterprise fund), deducting the sanitary sewer project costs (to be paid in full by the Inwood development), reducing the project contingency from 10% to 2.5%, and applying the job to date engineering cost savings, the project job to completion overage is estimated at 561,600. Because the street and storm sewer costs were 100% assessed and the preliminary assessment amounts have been determined, the overage amount of $61,600 will need to be funded by the City for the project to move forward. The City Engineer will present the cost details at the council meeting and will identify potential value engineering opportunities that may be pursued should the project be approved for construction. The City Council approved the Plans and Specifications for the Eagle Point Boulevard Street and Utility Improvements on June 2, 2015, and authorized staffto advertise the Project for bids. 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: Reconstruction of Eagle Point Boulevard from CSAH 13 to Hudson Boulevard. Placement of granular drainage subbase with draintile to address frost heaving actions from underlying soils. Extension storm sewer system and additional catch basins to improve surface drainage. Extension of sanitary sewer to provide service to the Inwood Development. Extension of waterinain to provide a connection point for future trunk watermain along Inwood Avenue, page 2 -- City Council Meeting July 7, 2015 RECOMMENDATION: [Regular Agenda Item 121 Staff is recommending that the City Council approve Resolution No. 2015-55, thereby accepting bids and awarding a contract to Miller Excavating, Inc., in the amount of $1,249,494.09, for the Eagle Point Boulevard Street and Utility Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2015-55, Accepting Bids and Awarding a Contract to Miller Excavating, Inc. in the amount of $1,20,494.09 for the Eagle Point Boulevard Street and Utility Miprovements." ATTACHN1ENT(S): 1. Resolution No. 2015-55 Accepting Bids and Awarding a Contract. 2. Tabulation of Bids and Engineer's Letter of Award Recommendation. 3. Project Schedule. -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-55 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE EAGLE POINT BOULEVARD STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the Eagle Point Boulevard Street and Utility Improvements, 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 to the lowest responsible bidder, Miller Excavating, Inc., in the amount of $1,249,494.09. NOW, THEREFORE, IT IS HEREBY RESOLVED, 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 Adjusted Total Base Bid, and according to the plans and specifications thereof approved by the City Council. 2. The Finance Director 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 SEVENTH DAY OF JULY, 2015. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Beckie Gumatz Deputy Clerk Resolution No. 2015-55 T 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292,4400 tkda.com July 1, 2015 Ryan Stempski Focus Engineering for City of Lake Elmo Re: Eagle Point Boulevard Street and Utility Improvements Lake Elmo, Minnesota TKDA Project No. 15815.000 Dear Mr Stempski: On June 30, 2015, bids were received for the above referenced project. We have tabulated the bids with the following results: BIDDER Miller Excavation A-1 Excavating Ryan Contracting Minger Construction Dresel Contracting Northdale Construction Park Construction Engineers Estimate RECOMMENDATION TOTAL BID AMOUNT $1,249,494,09 $1,355,027.30 $1,414,076.75 $1,481,053.40 $1,491,792.04 $1,733,869.99 $1,889,083.70 $1,105,862.55 We recommend that you award the Contract to the lowest bidder, Miller Excavating. A complete tabulation of all bids is attached, Please do not hesitate to call me with any questions or comments you may have. Sincerely, Eric E Klingbeil, PE for Ron Quanbeck, PE Enclosure An employee owned company promoting affirmative action and equal opportunity TABULATION OF BIDS EAGLE POINT BLVD STREET AND UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA TK DA PROJECT NO 15015.000 TKDA SIDS OPENED: JUNE 3C, 2015, AT 2.00 PM 'DENOTES ERROR IN BIDDERS CALCULATION ITEM NO DESCRIPTION GENERAL 1 !MOBILIZATION 2 'TRAFFIC CONTROL 3 SILT FENCE 4 INLET PROTECTION 5 TEMPORARY ROCK CONSTRUCTION ENTRANCE 6 'STREET SWEEPING 7 16' TOPSOIL AND SOD 8 )HYDRAULIC MULCH ITEMPORARY) ISuBTOTAL DIVISION 1 1SANIT ARY SEWER I CONNECT TO EXISTING SANITARY SEWER MANHOLE 2 SANITARY SEWER PiPE - 8' 3 (SANITARY SEWER MANHOLE : TYPE 301 1 !EXCESS MANHOLE DEPTH QUANTITY ((NIT LS LS' 3100 LF 17 EA 2 EA ENGINEER'S ESTIMATE MILLER A- i EXCAVATING UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 5 50,000.06 $ 60.000.00 3 29,900.00 1 5 29,900.00 , )5 40,750 00 9 40,750.00 5 12,500 00 $ 12,500,00 5 6,650 00 1 5 6,850 00 I 5 5,860oo $ 5,600m6 $ 2.50 5 7.750.00 5 2 00 . 5 5,20000 5 .90 $ 5,890.00 5 160.00 S. 2.7211 00 5 200.001 $ 3,46000 5 120.00 $ 2,040.00 5 1,000 00 S 2.000.00 $ 1,000,00 $ 2000,00 $ 450.00 5 900 00 1TR $ 75.00 15 1,500 00 $ 100.00 5 2 000 013 $ 160 00 $ 3,204.00 5145 _ SY 5 4.50 5 23,152.50 $ 10.50 5 54,022.50 5 6.60 $ 33,957.00 , 2575 SY 3 0 95 5 2,416.25 $ 1.15 9 2.961.25) ' $ 0 80 5 2_06000, 5 107.333.75 ' 5 102.59700 2 EA 5 2,50000 $ 5,000,00 5 2,000.00 5 6600..00 5 1,300,00 $ 2.60000 764 0E- 9 32 00 5 24,448.00 5 33.60 $ 25,67040 5 43.00 6 32,652.00 3 EA 3 5,000.00 $ 15.000 00 5 3,400.00 $ 10,200 00 5 3 278 00 5 9034,00 12 LF $ 500.00 $ 5,000,00 5 240.00 5 2,060 00 $ 150.001 $ 1,600 00 1 5 !REMOVAL OF:UNSTABLE FOUNDATION MATERIAL I 1200 GO 5 12.50 $ 525.00 i S 52 00 $ 2,184.00 5 15.03 1 $ 630.00 1 6 STABILIZING AGGREGATE eoRnow 42.00 CO , $ 25,00 $ 1.050.00 I $ 68.00 .5 2,056.00 $ 39 00 $ 1,638.00 7 :TELEVISING 764 LF ) 5 3.00 3 2,292.00 ) ! $ 3.50 5 2,674.00 I 5 1.50 5 1,146,00 :SUBTOTAL DIVISION 2 ; 1 I 1 $ 52,064.59 5 50,500.00 ,WATERMAIN 1 CONNECT TO EXISTING WATERMAN : 1 EA $ 1,250.00 I $ 1,230.00 2,650.00 5 2,650.00 $ 2,382 00 5 2,362,00 2 6' GATE VALVE & BOX I EA $ 1 ,7513„eg 5 1,750.0{) 5 1,990.00 5 1,99000 5 1.376.00 : 5 1,370 00 3 12' GATE VALVE 2 EA $ 3.000.00 $ 6,000 00 5 4,770.00 5 9,540.00 )5 3,095 00 ! $ 6,192 OD 4 16' BUTTERFLY VALVE & BOX EA 5 3,500.00 $ 3,500.013 3 4,99000 $ 4,990.00 5 2,958 00 1 5 2658 00 5 HYDRANT F 1 , EA $ 3.258.00 5 3,250.00 5 4,560.00 5 4,560 00 5 4,434.00 I 5 4,434.00 6 16" DIP GL. 52 WATERMAIN 1 209 : LF 3 87.50 5 18,287,50 $ 108.00 5 22.572.00 5 89,00 3 16601 00 7 REMOVE- AND REPLACE VALVE BOX 2 EA $ 1,500.00 5 3.000,00 5 985.00 3 1,970 00 5 665.00 $ 1.33000 8 16X45" BEND MJ DUCTILE IRON COMPACT FITTING 1 EA 5 1,550.00 $ 1,550.00 5 1,560.00 $ 1,560.00 $ 1.241,00 5 1,241, 9 1606' TEE MJ DUCTILE IRON COMPACT FITTING 1 EA 0 2,750 00 I $ 2.750.00 S 2,190.00 $ 2,190.00 $ 1.883.00 5 1.8831.0 10 16X12" REDUCER MJ DUCTILE IRON COMPACT FITTING 2 EA 9 750.00 1 $ 1,500,00 $ 1,380.00 5 2,760.00 $ 925,00 $ 1,870 00 11 X6" 850.00 1 $ 850,00 . $ 1,270.00 5 1,27000 5 902.00 $ 902,00 16REDUCER MJ DUCTILE IRON COMPACT FITTING 1 EA S 12 4° POLYSTYRENE INSULATION 33 $F $ 6.00 : $ 192.00 ( 5 1000 5 320.00 , .5 600 5 192.00 SUBTOTAL 03906I0N 3 1,) 5 55.372 00 5 43,255.00 STORM SEWER 30 REMOVE EXISTING STORM SEWER STRUCTURE 2 EA 3 1,00000 5 2,000,00 I $ 40000 $ NO CO 2 40000 $ 80000 31 REMOVE EXISTING S'TORM SEWER (ALL TYPES AND SIZESI 65 LF 5 15.00 5 975.00 ) $ 15.00 S 975.00 5 25.00 $ 1.625.00 32 CONNECT TO EXIS'TING STORM SEWER STRUCTURE 2 EA $ 1,500.00 5 3000.00 ' $ 992,00 $ 1,780.00 $ 806.00 S 1,60000 33 . STORM SEWER PIPE - 12" RCP 1 I i 7 LF 5 25,00 $ 2,925,00 $ _ 33.00 5 2.861.00 5 36 OD 5 4,21200 34 STORM SEWER PIPE - 15" RCP 971 LF $ 29.50 5 28644.50 $ 34.50 S 33,499.50 5 41.00 5 39,6i 1 00 35 CATCH BASIN - TYPE 404 3 EA 6 ,500.00 $ 1,500.00 5 1,695..00 5 5,005_00 S 2,160 00 $ 6,18008,, 36 CATCH BASIMMANHOLE - TYPE 406 700 EA 2,100.00 5 14,700.00 $ 2,665.00 S 18.655.00 5 -2,50.00 5 20,650.00 2.00 EA 5 450.00 $ 90000 I 5 475.00 S 950.00 $ 200,00 6 400 00 27 00 SF 5 26 00 5_ 702.00 ! S 36 00 S 972 00 5 30.00 $ ale oe 1 $ 66,577 50 5 76,386.00 37 RESET EXISTING CATCH BASIN CASTING 38 REPAIR EXISTING CATCH BASIN CONCRETE SUBTOTAL DIVISION 4 11.00 1- STREET CONSTRUCTION 39 SALVAGE POST AND SIGN EA 1 $ 250.00 $ 2,750.00 j 5 6000 $ 100.00 1 $ 560 00 5 220.00 $ 2,420.00 ) 553.00 EA r , ,... 1, 60.0r, s 60.00 5 50,00 $ 41 iSiONCLIT BITUMINOUS OR CONCRETE LF $ 2.50 I 5 1,382,50 I 5 3.00 $ 1,655.00 $ 3.00 $ 1.6595°).0(g(13 4 REMOVE POST AND SIGN ! 1.00 43 TiEmovz AND DISPOSE OF EXISTING CONCRETE PAVEMEI 30000 SY 5 8.50 1'3 3,230130 ') $ 6.0D $ 2,280,00 $ 4 DO 5 1,553202:0°0 200 5 42 !REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEME 25°660 SY $ 5.50 I $ 1,46300 1 5 5.00 $ 1,330.00 5 44 !REMOVE AND DISPOSE OF EXISTING CONCRETE CURB I 7,036,00 LF $ 3..00 I $ 21,106 00 $ 2,00 $ 11,072 OD 5 2.50 5 17,590.00 I 45 )COMMON EXCAVATION : 1.00 LS 5 125,000 00 1 5 125,000.00 ) $ 214,450,00 $ 2(4.450_00 ' $ 196000.00 5 190,000 00 I 46 SELECT GRANULAR BORROW (CV) (P) 12,000.00 CY 5 i 1 00 I 5 132,000.00 1 $ 11,95 5 142,403,00 $ 19.50 6 234,000 00 47 SUBGRADE CORRECTION 2,700.00 SY 5 5 00 I S 13,50000 I $ 3.00 $ 24,300 00 3 00 $ 8.100.00 48 ISUBGRADE PREPARATION 34.00 RS 5 22500 $ 7,650.00 ' $ 150 00 5 5,100.00 5 300.00 3 10.200.00 50 !AGGREGATE TRAIL RESTORATION 9 51 !BITUMINOUS NONMEAR COURSE 1,825.00 .00 TITTNINNi , ; 4i 0%000 5s 360.00 5 80 00 3 137,900.00 5 62.00 $ 113,150.00 $ 62 00 $ 113.150 00 5 71 00 $ 129,575.00 12.65 5 124,602.50 720.00 $ 35 00 315.00 5 : 5 14.00 $ ' 137.900.00 125,925 00 49 !GLASS 6 AGGREGATE BASE 9,850.00 52 BITUMINOUS WEAR COURSE 1,025.00 67.00 $ 12.2.275.00 S 62 00 I $ v13,150.00 $ 69.00 53 BITUMINOUS MATERIAL FOR TACK COAT 842 00 GA : $ 3.10 $ 2,610.20 $ 3 00 I 5 2,526.00 $ 2.50 5 2, to5 00 54 CONCRETE CURB AND GUTTER 6,596,00 LF , 5 12.50 $ 62,450 00 S 12.00 1 5 79,15200 $ 12.00 : $ 79.152 OD 55 DRIVEWAY VALLEY GUTTER 4.00 EA $ 650.00 5 3,400.00 5 2,97000 I 5 11,080 00 $ 600 00 $ 2,400.00 56 6'CONCRETE DRIVEWAY PAVEMENT 4000 SY 5 52.50 $ 2.100.00 5 55.00 1$ 2,200 00 5 110.00 $ 4,400 00 57 BITUMINOUS DRIVEWAY PAVEMENT 295.00 SY $ 26.00 5 7,67000 45 27.0D 1 5 7.965.00 : 5 35.00 S 10,325.0 58 PERFORATED PVC EDGE DRAIN 6,660.00 LF $ 4 00 5 26,640.00 I 5 9 00 I $ 59.940.00 5 9,00 $ 59,90.00 _ 59 DRAINTILE CLEANOUT 5000 EA _ 5 100 00 5 5.000 00 1 $ 150 00 5 7,500,00 5 590.00 $ 29,5,00.00 60 DRAINTILE CONNECTION INTO CATCH BASIN 8.00 ) EA 5 425.00 I 5 3,400 00 1: 5 400 00 $ 3.200.00 1 $ _ 550.00 S 4.400.00 61 PRECAST CONCRETE HEADWALL FOR DRAINTILE 6.00 EA 5 195.00 1 5 1,170.03 5 515.00 $ 3,09060 1 5 310 00 5 1,850,00 62 ADJUST MANHOLE CASTING j 100 EA 5 450 00 1 5 1,80000 I $ 600,00 5 2,40000 I 5 235 00 5 940 00 63 ADJUST GATE VALVE BOX 18 OD 15.00 EA 5 150i0000 I Ss 2,700 OD 1 5 35000 3 6,300.00 I 5 165.00 5 2.970.00 64 FURNISH SIGN PANEL SF g .,5 675.00 5 45.00 5 675.00 1 5 30 00 $ 00 65 INSTALL SIGN PANELS , _ : : 115.00 230.00 5 200 0 5 400.00 : 5 170 DO 5 344500.00 5 66 4' SOLID LINE WHITE. EPDXY :7.11600 LF 5 0.45 $ 3,202.20 5 0.53 .3 3.771 48 1 5 0.35 5 2,490.6D STOP BAR . POLY PREFORMED 1,524.00 2.00 EA 5 500.00 5 1,00000 5 1,200 00 5 2,400 00 1 5 1,000.00 5 2,000.00 LE 5 10,45 5 11)$ 685.80 5 0 53 5 0.53 $ 1,355.74 • k $ 0 35 5 895.30 807,72 ': 5 0.35 5 53,3.40 4' SOLID LINE YELLOW EPDXY 68 4" BROKEN LINE YELLOW 20000 2,558 00 LF 5 045 5 1,151 1 70 TEMPORARY PAVEMENT STRIPING 1.00 LS $ 2,732.06 $ 2.750 00 1 $ 4,500.00 : 5 4,560.00 1 5 1,800.00 3 3,800 00 71 PAVEMENT MARKINGS - POLY PREFORMED{ 10,00 EA ! 6 675.00 $ 6,750 00 . ( 5 1,105.862.55 : MOO 1 5 6150.00 5 1,243.49409 I t $ 600.00 I 3 1,355,027,30 5 6.000,00 (SUBTOTAL DIVISION 5 ) f • : S 967,146 44 I ( , I 5 L082,207.30 . TOTAL P308 1 TABULATION OF BIOS EAOLE POINT BLVD STREET AND UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 15815.000 TKDA BIDS OPENED:JUNE 30, 2015 AT 7.00 PNI 'DENOTES ERROR IN BIDDERS CALCULATION ITEM NO. DESCRIPTION GENERAL 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 INLET PROTECTION 5 TEMPORARY ROCK CONSTRUCTION ENTRANCE 6 STREET SWEEPING 7 6TOPSOIL ANO SOO HYDRAULIC MULCH (TEMPORARY', SUBTOTAL DIVISION 1 SANITARY SEWER I CONNECT TO EXISTING SANITARY SEWER MANHOLE 2 SANITARY SEWER PIPE '8 3 SANITARY SEWER MANHOLE - TYPE 301 4 EXCESS MANHOLE DEPTH 5 :REMOVAL OF UNSTABLE FOUNDATION MATERIAL 5 STABILIZING AGGREGATE BORROW 7 TELEVISING SUBTOTAL DIVISION 2 WATERMAIN CONNECT TO EXISTING WATERMAIN 2 5' GATE VALVE E. BOX 3 12' C-ATE VALVE 4 1M BUTTERFLY VALVE 6 BOX 5 :HYDRANT 6 16" DIE CL. 52 WA TERMAIN 7 REMOVE AND REPLACE VALVE BOX 8 161745° BEND MJ DUCTILE IRON COMPACT FITTING 9 16416" TEE MJ DUCTILE IRON COMPACT FITTING 10 16X12" REDUCER MJ DUCTILE IRON COMPACT FITTING _ 11 16"X6" REDUCER MJ DUCTILE IRON COMPACT FITTING 12 4" POLYSTYRENE INSULATION 32 SUBTOTAL DIVISION 3 _ STORM SEWER 30 1REMOVE EXISTING STORM SEINER STRUCTURE 31 !REMOVE EXISTING STORM SEWER (ALL TYPES AND SIZES, 32 ICONNECT TG EXISTING STORM SEWER STRUCTURE 33 (STORM SEWER PIPE - 12' RCP 34 1STORM SEWER PIPE - 15" RCP 05 ICATCH BASIN - TYPE 404 36 ICATCH BAS1N;MANHOLE - TYPE 406 37 IRESET EXISTING CATCH BASIN CASTING 38 IREPAIR EXISTING CATCH BASIN CONCRETE SUBTOTAL DIVISION 4 STREET CONSTRUCTION I 1 39 SALVAGE POST AND SiGN 11.00 EA 40.00 $ 44000 5 46.50 S 511 50 11 49 00 5 48.00 $ 52900 48.00 40.00 $ 40 REMOVE POST AND SIGN 1.00 EA 75 00 S 75 00 ' $ 41 SAWCUT BIT LIN1INOUS OR CONCRETE 553.00 , LF 6 00 5 3,348.00 S 40.00 5 4.00 5 2,212,00 11 4.04 5 2,234 12 42 REMOVE AND DISPOSE OP EXISTING BITUMINOUS PAVEME 256,00 SY $ 10.00 S 2,660.00 $ 5.70 5 1,516.20 S 4.17 5 1,105 22 5 43 REMOVE AFID DISPOSE OE EXISTING CONCRETE PAVEMET 360.00 SY 5 12.00 5 4,550.00 5 5.45 $ 2A51.00 5 3.65 1,187.00 45 !COMMON EXCAVATION 7,013,060LS 5 200,000.00 5 200,000.00 5 312,000.00 5 312,000 00 LF , 5 I 00 ' $ 283,650.00 5 263,550.00 4.00 5 28.144.00 $ 3.40 5 23,922 40 $ 3.41 $ 23.992.76 41 REMOVE AND DISPOSE OP EXISTING CONCRETE C7URT3 46 (SELECT GRANULAR BORROW (CV) (Fr') 1 12,000.00 CY $ 20.00 5 240,000.00 $ 14.80 5 177,600 00 5 14.35 5 172,200.00 47 ISUBGRAOE CORRECTION 2,700.00 SY 5 10.00 5 27,000.00 5 12.55 5 33085,00 5 15.50 $ 41,850,00 48 ISUBGRADE PREPARATION 34.00 RS i $ 400.00 $ 13,500.00 5 205.00 5 5,970.00 $ 273.53 5 9,300,02 19 ICLASS 6 AGGREGATE BASE 9,850 00 TN $ 15.00 6 117,750.00 3 14200800 165,400.00 5 13,97 5 137,5'04.50 50 AGGREGATE TRAIL RESTORATION _ 9.00 TN 3 50.00 5 450.00 5 378 00 $ 206.67 5 1.860.0353 BITUMINOUS NON -WEAR COURSE 1,825 00 TN $ 62,20 $ 113,515 00 5 72,30 5 131,947,50 5 57.18 5 122,603.50 182.5.00 TN 55 65 $ 119011.25 S 76.35 S 139,338.75 11 72.22 5 131,801.50 S AT 842 00 GA $ 2 00 5 1,684.00 $ 2.35 5 1,978,70 $ 2.40 S 2,020 80 6,59-6. 00 LF $ 13,00 5 85,716 00 5 13.00 5 85,74800 _S 13.42 5 138,5-18.32 400 L EA 5 1,500 00 5 6.000.00 $ 585.00 $ 2,34000 I $ 600.65 5 2,402 60 -r- 40.00 1 SY 8.00 5 320 00 0 105.00 5 4,200.00 1 5 107.69 5 4,307.403 295 00 SY 5 35.00 .$ 10325.00 5 29.00 5 8,555.00 1 5 3000 5 6.850.0e 1 ouANITITY 3100 17 2 20 5145 2575 'DENOTES ERROR IN BIDDERS CALCULATION RYAN CONTRACTING MINGER CONSTRUCTION DRESEL CONTRACTING UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT 1 PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 1 ; : 5 65,000 00 i 5 65.000 00 S 45,950.00 .5 45 950.00 , 5 123,512_50 $ 123,81250 LS ' 5 5.000.00 1 $ 6,000.00 5 5,400.00 $ 6 400.00 , $ 6,500 00 $ 6,600.00 LF , $ 1 50 5 4,650,00 5 2.20 5 0820 00 5 3.60 5 11.160.00 EA , c 5 200 00 $ 3.400.00 , 5 11500 $ 1,955.00 ; 5 198,00 5 3,366.00 EA , 5 500.00 $ 1,000.00 5 1,110 00 5 2,2.20.00 5 2,220,00 5 4,440.00 HR 5 150,00 5 3,000.00 5 165.00 5 3,300 00, 5 19E3.00 5 3,9.60,00 SY 5 7 10 5 36,529.50 5 5 95 $ 30.612,75 1 . 5 7 20 5 37,044 00 SY . 3 0.50 1 5 1.287 50 5 1.10 1 5 2,802.50 $ 2.40 5 6.180 00, 5 120,867,00 $ 100,090 25 ' 5 196,562.50 2 EA S 2.500,00 5 5,000 00 5 3 295 00 5 6,570,00 5 610.00 5 1,620 Oa 764 LF 5 40.00 $ 30,560.00 5 62 30 $ 47,597 20 $ 51.83 , 5 39,598 12 3 L EA 5 5 3,000,00 5 9,000.00 5 2,420,00 5 7.250.00 -! 5 2,820 00- I $ 8,460.00 1J LF S 175.00 5 2.100.00 5 88 00 5 1056.00 5 525 00 I $ 6,300.00 42.00 ; CY 5 5 00 , $ 210.00 ' 5 15.60 5 655 20 5 33 11 I 5 1,391 88 _ 42.00 CY I . 5 50 00 $ 2,100.00 5 49.60 5 2,083 20 5 74.86 1 5 3,144.12 764 LF ( , S 2.00 5 1,528.00 $ 3,50 5 2.57400 . $ 2.10 I 9 1 833.60 I S 50.496.00 $ 67.095.60 I 5 62,347 72 I ,c J71 EA 5 2,500.00 I $ 2,000.00 ' 7,665.00 5 7,655 00) 1. 1 40 $ 1,531,40 EA $ 1,600,00 IS 1,800.00 t 5 1,305.00 5 1,3735.00 5 2,015.00 5 2,015,00 EA _ _ ! 5 3,500 004 5 7,000 00 ' 5 3,880 00 5 7,760 00 . S 3,627.00 5 7,254 00 EA S 3,500,00 1 5 , 3,500 00 , 5 EA 5 5000.00 1 5 5,000.00 LF 5 90.00 1 5 18,810.00 EA 5 500.00 ; $ 1,000,00 5 3,445.00 7, 3.145 00 5 4,154.00 $ 4,154.00 4 645.00 S 4,645 00 3 5,103,90 $ 5,103 90 119 CM ; 5 21,871.00 3 105.82 ¶ 22,115.38 99000 5 1.980,00 . 5 1,209.00 5 2.410m8 A 5 1,000.00 5 1,000.80 5 1,445.00 5 1,445,00 $ 1,869 30 5 1,659.30 A 2,000.00 $ 2.000 00 5 1,640 00 5 1,840,00 $2,588.50 $ 2,588.50 EA $ 800.00 $ 1,600.00 5 990.00 5 1.950 00 5 2,278.50 $ 4,557 00 EA 750.00 5 750,00 5 76000 $ 750 00 5 1,692 60 5 1,592.80 , SF 5 00 5 16000 5 4.45 5 142.40 I $ 39.23 5 1,255 36 5 57,918 40 5 57,555.44 I 5 45,120.00 2 1 EA 1 5 1.000:0000 5 5 2,00000 $ 360,00 5 760.00 ,2603.00 '5 1,206_00 65 LF I 5/60 00 I 5 11.55 S 750.75 21,42 5 1,39230 2 EA I S 1,500.00 5 0,00000 55 850.00 5 1,700 00 5 943.50 5 1,087,00 117 LE I 5 45 00 5 5,255.00 $ 41,00 5 4,797.770 , S 41.95 5 4,908.15 971 LF 1 $ 48.00 $ 46,608.00 $ 37 55 5 35,451 05 1 5 50.15 5 58,405.55 $ 2,500.00 5 7,500.00 . 1,980.00 $ 5,940,00 $ _1,265,00 5 3,795,00 I- 5 2,60000 $ 16,200 00 I 5 2,485.00 $ 17,395.00 $ 1,888_29 5 13,218.03 $ 1.000.00 5 2,000 00 5 565.00 5 1,130.00 510,00 9 1,020.00 $ 30.09 S Bic 00 5 65 00 0 1,755,00 5 75.56 9 2.040.12 I $ 86.163.80 s 70688.80 5 87,872.25 52 BITUMINOUS WEAR COURSE 53 BITUMINOUS MATERIAL FOR TACK 51 CONCRETE CURB AND GUTTER 55 DRIVEWAY VALLEY GUTTER 55 6' CONCRETE DRIVEWAY PAVENIENT 57 BITUMINOUS DRIVEWAY PAVE30ENT 50 PERFORATED PVC EDGE DRAIN - 59 DRAINTILE CLEANOUT 50 DRAINTILE CONNECTION INTO CATCH BASIN 1 61 PRECAST CONCRETE HEADWALL. FOR DRAINTILE I 62 ADJUST MANHOLE CASTING 63 ADJUST GATE VALVE BOX 64 FURNISH SIGN PANEL 65 INSTALL, SIGN PANELS 66 4' SOLID LINE WHITE EPDXY 67 4" SOLID LINE YELLOVO EPDXY 68 4' BROKEN LINE YELLOW EPDXY 69 STOP BAR - POLY PREFORMED 70 TEMPORARY PAVEMENT STRIPING I 71 PAVEMENT MARKINGS - POLY PREFORMED SUBTOTAL DIVISION 5 } TOTAL Page 2 3 EA 7 00 EA 2,00 EA 27.00 SF 6,560,00 LF 5 10.00 0600050 5 7.20 5 47,952.00 , 5 1.60 1 5 11.988 00 _50.00 EA 5 250.00 $ 12,500.00 $ 120,00 3 5,000,00 I 5 182.40 I 5 9,120.00 8 00 EA $ 25100 5 2,000.00 $ 290.00 1 $ 2,320.00 $ 255,00 $ 2,040.00 6 00 EA $ 150 00 3 900,00 5 530.00 ; 5 3,18006 $ 390 00 $ 2,340.0C I 4 073 EA $ _ 500.00 5 2,000;00 I $ 730.00 1 $ 2.920 CIO 5 279.00 5 1,1 16.00 I 18.00 EA 5 400 00 $ 7,200,00 I $ 220,00 1 5 3,960 00 1S _361.57 9 6,510.06 I 15.00 SF 5 30.00 $ 450,00 1 5 35.00 5 52500 , 5 36 00 5 540.00 1 2.00 EA 5 150.03 .5 300.00 1 $ 175 0.0 5 350.00 ' $ 180.00 $ 350.00 7,116 00 LP 5 0.30 S 2,13400 1 5 0.25 5 2,490,60-1. 5 0,36 $ 2.561 76 1,524 00 LF $ 0,35 5 533 40 1- 1 5 0.15 5 533.40 _7, 0 37 5 55100 2,558-00 LIT 5 0.35 $ 895.30 1 $ 0.35 $ 895.30 3 0.37 $ 945 46 2.00 EA 5 875.00 $ 1,75000 1S 1,02000 5 2 04000 1 5 1050.00 $ 2,100,00 1.00 LS 5 3,300.00 $ 3.300.00 ! 5 3,785.00 5 3,78500 I $ 4,400.00 5 4,400 00 10.00 I EA 5 550.00 $ 5..50000 1 S 540 00 $ 040000 1 5 660.00 $ 6.600 00 $ 1,111.428.75 ; $ 1,184,460.35 1 5 1,087,454.13 , 5 L491,792.04., , 5 1,4 i4.075 75 1.481.053.40 TABULATION OF BIDS EAGLE POINT BLVD STREET AND UTILITY IMPROVEMENTS CITY OF LAKE ELMC.1., MINNESOTA TKDA PROJECT NO 15015,000 DIOS OPE-NED' JUNE JO, 2015, AT 2:00 PM 'DENOTES ERROR IN BIDDERS CALCULATION I TENI NO, DESCRIPTION QUANTITY IGENERAL MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 INLET PROTECTION 5 TEMPORARY ROCK CONSTRUCTION ENTRANCE 6 STREET SWEEPING 7 6' TOPSOIL AND SOD O HYDRAULIC MULCH (TEMPORARY, SUBTOTAL DIVISION 1 SANITARY SEWER 1 CONNECT TO EXISTING SANITARY SEWER MANHOLE t - - 2 SANITARY SEWER PIPE - 8" TKDA 'DENOTES ERROR IN BIDDERS CALCULATION NORTHUALE CONSTRUCTION Pam', CONSTRUCTION UNIT TOTAL UNIT TOTAL UNIT PRICE AMOUNT PRICE AMOUNT I I i . LS 1 $ 143,209.5d 1 5 143,209.55 1 5 90 000.00 $ 90,000,90 ' _ 1 LS ; $ 6,406,00 1 5 6,406.00 i 5 5,61000 ! $ 5,610 00 3100 LF ; 5 2.37 5 7,347.00 I ' 5 1.95 , 5 6.045.00 17 EA 1 5 250.00 $ 4,250.00 $ 389 DO i 5 6,613,00 2 EA : 5 2,750.00 5 5,500 00 5 1,940.00 i 5 3,880 00 20 Ha I 135 00 5 2700 CO 5 128 OC/ I $ 2.560,00 5145 SY 5 7.94 5 40851.30 5 3 30 i $ 68,428.50 2575 I SY 0 1.06 $ 2.729 50 $ 0 97 1 5 2.497 75 ' 5 212,993,39 ' I 5 185,63425 2 EA 5 1,850.00 764 LF $ 48,57 3 ISANITARY SEWER MANHOLE- TYPE 301 3 EA 4 !EXCESS MANHOLE DEPTH 12 LF I 5 REMOVAL OF UNSTABLE FOUNDATION MATERIAL 42.00 CY 5 18 50 6 STABILIZING' AGGREGATE BORROW 42.00 CY $ 32 50 7 TELEVISING 764 LF 5 2.79 SUBTOTAL DIVISION 2 WATERMAIN 1 CONNECT TO EXISTING WATERMAIN 1 EA 5 3,625.29 2 6" GATE VALVE & BOX 1 EA 5 1,215.29 3 12" GATE VALVE 2 EA $ 2,957.39 4 16- BUTTERFLY VALVE & BOX 1 EA 5 2,853 13 5 !HYDRANT 1 EA 5 4,505,16 6 15'' 01P CL. 52 WATERMAIN 209 LF 1 5 136_98 7 REMOVE A193 REPLACE VALVE BOX 2 EA 5 8 15'X4.5. 'BEND MJ DUCTILE IRON COMPACT FITTING 1 1 EA g1,460738,31 9 16"/ 16" TEE MJ DUCTILE IRON COMPACT FITTING 1 EA $ 2,453.08 10 16X12" REDUCER MJ DUCTILE IRON COMPACT FITTING 2 I EA 11 16"X6" REDUCER MJ DUCTILE IRON COMPACT FITTING 1 I EA $ 992.49 $ 817.89 $ 12 4" POLYSTYRENE INSULATION 32 i SF 5 6,08 $ SUBTOTAL DIVISION 3 1 5 STORM SEWER 30REMOVE EXISTING STORM SEWER STRUCTURE 2 EA 1 $ 525 00 $ 31 REMOVE EXISTING STORM SEWER (ALL TYPES AND SIZE01 65 LF 5 13.50 $ 32 CONNECT TO EXISTING STORM SEWER STRUCTUR-' E 2 EA 5 1,650 00 $ 33 STORM SEWER PIPE • 12' RCP 117 LF $ 53.09 $ 34 STORM SEWER PIPE - 15" RCP 971 LF 5 50.89 S 35 CATCH BASIN . TYPE 404 3 EA 5 1,769.00 $ 36 CATCH BASIN/MANHOLE , TYPE 406 7,80 EA 0 2,133 00 5 37 RESET EXISTING CATCH BASIN CASTING 2 00 EA 5 456.00 $ 38 1REP71IR EXISTING CATCH BASIN CONCRETE 27,00_ SF 5 25.00 , 5 !SUBTOTAL DIVISION 4 $ :STREET CONSTRUCTION 39 !SALVAGE POST AND SIGN 11.00 40 !REMOVE POST AND SIGN 1.00 41 ,ISAWCUT BITUMINOUS OR CONCFIETE 55300 42 ,REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEME 256.00 43 !REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMEN 380,00 ! 44 I REMOVE AND DISPOSE OF EXISTING CONCRETE CURB 7.036.00 45 COMMON EXCAVATION 1,00 I 46 SELECT GRANULAR BORROW ICVI IP) 12000.00 1 47 SUBGRADE CORRECTION 2,700.00 48 SURGRADE PREPARATION 34,00 49 CLASS 6 AGGREGATE BASE 9,950.00 TN 50 AGGREGATE TRAIL RESTORATION 9.00 TN 51 BITUMINOUS NON -WEAR COURSE 1025.00 TN 52 BITUMINOUS WEAR COURSE 1,82500 TN 53 BITUMINOUS MATERIAL FOR TACK 842.00 COAT GA 54 CONCRETE CURB AND GUTTER 6,59600 LF 55 DRIVEWAY VALLEY GUTTER 4 00 EA 56 6' CONCRETE DRIVEWAY PAVEMENT 40-00 j SY 57 BITUMINOUS DRIVEWAY PAVEMENT 295 00 I SY 58 PERFORATED PVC EDGE DRAIN 6,560.0G LF 59 DRA1NTILE CLEANOUT 50 00 EA 50 DRAINTILE CONNECTION INTO CATCH BASIN 8 00 EA 61 PRECAST CONCRETE HEADWALL FOR DRAINTILE 6 00 EA 62 ADJUST MANHOLE CASTING 4,00 EA 63 I ADJUST GATE VALVE BOX 18 00 EA 64 FURNISH SIGN PANEL 1000 SF 65 INSTALLiSIGN PANELS 200 EA 66 14" SOLPO ID LINE WHITE EXY 7,116.00 LF $ ,........ 67 4" SOLID LINE YELLOW EPDXY 1,524 00 LF $ 68 4" BROKEN LINE YELLOW EPDXY [ 2,558,00 LF $ 69 STOP BAR - POLY PREFORMED 1 2 00 EA $ 70 TEMPORARY PAVEMENT STRIPING I 1,00 LS $ 71 'PAVEMENT MARKINGS . POLY PREFORMED I 10,00 EA 5 SUBTOTAL, DIVISION 5 TOTAL Page 3 $ 3,700.00 I ' 5 1,502 00 $ 3,004.00 i ____..„.... 5 37,107,48 I $ 37.30 5 29,457 20 i $ 2,536 58 5 7.609.74 I 5 2,255 50 $ 7,066,50 I 5 156 07 $ 1,872.84 i .4 5 1500s9 $ 1,848,00 I 5 777.00 5 170714 00 5 1.355.00 i I $ 49 00 5 2,058,00 $ 2,131 56 ! $ 1_93 5 1,474.52 5 54.563.62 5 44,652.22 : 1 5 3,625.29 I 5 2.058.00 $ 2,059.00 $ 1.215 29 5 1.500.00 S 1,000 00 5 5.914.78 5 3.596.00 5 7,192.00 15 2,853 13 5 3,33000 5 3.33000 $ 4,505,15 11 5,017.00 I 5 5,017.00 $ 28,528.82 $ 8010 .5 18.412 90 5 1,357.72 5 432 00 5 964.00 O 1,403.38 5 1.570.00 $ 1,570.00 5 2,453 05 2,312.00 8 2,312 00 1,984.98 5 1,194,00 5 2.388 00 1317.89 1 5 7,005,00 5 1,065.00 194.56 I , 5 9,80 5 313.60 54,954.08 I 45,962 50 1.050.00 5 522.00 $ 677 50 $ 9.80. 1,044.00_ 1,235_00 3.300 00 $ 923.00 5 1,846,00 I 6,211.53 5 31.30 5 3,732.30 49,414,19 $ 28.20 5 27,382.20 5.307 00 5 1,932 00 5 5,795.00 14,931.00 5 2,558 00 $ 17,906.00 900700 $ 749,00 $ 1,498,00 _ 675 00 .1 $ 90 75 $ 2 450 25 82,666.22 $ 62,889.75 EA 5 223.00 $ 2,453.00 S 40,80 1 $ 448.80 EA $ 39,03 $ 39 03 $ 40 80 i $ 40.80 L F $ 5.75 5 3,179.75 5 4.35 1 5 2,405.55 SY 1 5 5,50 5 1.729.00 i $ 13.75 i 5 3,657.50 _ SY I ; $ 7.50 $ 2,850.0,3 ' $ 12.75 1 5 5.225,00 LP I $ 2.45 5 17,238,20 1 5 5 '0 t 5 35,880,60 LS , 5 372,600 00 5 372,000 00 I 505500,1301 S 506,500.00 CY I 5 21.55 5 258,500_00 $ 22.00 I 5 264,000.00 SY I 5 15.75 $ 42,525 00 $ 3.25 $ 8,775,00 _ 5 276.00 5 9,350.00 5 395.00 I $ 13,430.00 5 15.95 $ 157.107.50 5 17.75 I 5 174.837.50 5 278.75 $ 2,508,75 , S 65 00 1 $ 5135,00 $ 61.33 5 111,527.25 1 5 90.00 1$ 146,000 00 $ 6133 5 111927.25 5 76.75 j'i 40,068.75 15 2.23 1,977.66 $ 3.00 1 $ 2,526.00 5 13.16 S 86.803.36 5 15 30 5 100,918.80 I $ 2,599.0Q $ 11,596,00 5 4,680 00 $ 19,720.00 I S 70.06 $ 2,802 40 $ 72.90 ' 5 2,916 00 1 5 37 16 $ 10,962. 20 $ 67.00 $ 19,765.00 $ 13.25 5 88,245 00 I 5 7.25 5 48,285.00 I 5 167.27 S 8,363.50 1 $ 479 00 5 23,950 on 1 s 225 00 $ 1,800.00 ,, 5193 00 , 5 1,544.00 I 5 275.00 5 1,650.0-0-7 $ 182.00 I $ 1,092.00 5 350.00 5 1.400-00 5 62500 ' $ 2,500.00 1 5 275.00 5 4,950.00 5 410,25 5 7,545.50 2708 $ 418 20 $ 30-60 .5 459.00 5725 $ 334 50 5 153,00 5 386,0e 0 36 $ 2,561,76 1 $ 0 49 5 3.486.84 , 0,36 5 548.64 I 5 0,49 5 746,75 0.36 $ 920_89 5 0 01 5 25 58 I-- 652.28 5 1,304.56 5 1.110 00 $ 2.220-00 2,118.50 5 2,119.50 -5 3 570,00 $ 3,570 00 660 OB S 6.600 80 5 I $ 1,228,692.56 1 $ 1,733.669.99 $ 1,899.093.70 t_ 750 00 S 7,500.00 1,549.934.98 j PROJECT SCHEDULE F|TV OF LAKE ELMO EAGLE p[lINTB[VD STREET AND UTILITY IMPROVEMENTS PROJECT NO. 2015,120 January 2[\2Ol5 Council authorizes Feasibility Report, ENGINEERING, inc. Cara Geheren'pE. Jack Griffin, P.E. Ryan Stempski, P.E. Chad |sahxon'P.E. 651.300.4261 651.300.4264 651.300.4I67 651.300,4283 Februaryl9 2015 Property owner meeting. Present scope of innpnvernents and discuss alternative assessment methodologies. March 3,ZO1S Presentation of Feasibility Report. Council accepts Report and Calls Hearing. April 7.ZOI5 Public Improvement Hearing. Council orders Preparation of plans and specifications. June 2,2Ol5 Council approves Plans and Specifications; Orders Advertisement for Bids. June 3O,2U1S Receive Contractor Bids. July 7,201S Council accepts bids and awards Contract. July I8,IOl5 Conduct Pre -construction Meeting and Issue Notice LoProceed. October 16,2O15 Substantial completion. June 15,2O16 Final completion. Ti IL CIT 11: LAKE ELN 0 7 1—i, . DATE: REGULAR ITEM # A riOtv July 7, 2015 AGENDA ITEM: Inwood Water Booster Station — Approve Land Purchase Agreement SUBMLTTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Dave Snyder, City Attorney Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation Questions from Council to Staff., Public Input, if Appropriate ........ Call for Motion ..................., ... Discussion Action on Motion... ..... . ..... ........... ..... ...City Engineer City Engineer Mayor Facilitates ..... Mayor Facilitates ........ ................................ Mayor & City Council ......................,... ..... ......... Mayor & City Council ...... ..... ................................ Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $27,000 or $37,800. 13 The purchase price is $27,000 or $37,800, depending upon council and property owner direction, to acquire fee title to a parcel of land for locating the Inwood Water Booster Station along Inwood Avenue just south of the Lake Elmo Heights neighborhood. The Land Purchase Agreement further outlines additional obligations for each party relating to the site acquisition, including the City waiving a $5,800 lateral benefit assessment to the property located at 2298 Inwood Avenue, The land acquisition cost will be funded by the Water Enterprise Fund, unless the cost is determined to be eligible for reimbursement through the $3.5 million MN -DEED Grant. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the Inwood Water Booster Station Land Purchase Agreement and directing the purchase of a 90 ft. by 75 ft. parcel (or 105 ft. by 90 ft.). The recommended motion for this action is as follows: page 1 -- City Council Meeting [Consent ..-1e,encla Iran 13] July 7, 2015 "Move to approve the Inwood Water Booster Station Land Purchase Agreement to purchase a 90 ft. by 75 ft. parcel (or 105 ft. by 90 ft.) with the Caroline Maly Eberhard Living Trust." LEGISLATIVE HISTORY/BACKGROUND 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 194 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 26'1 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 26ffi Street North and Inwood Avenue to accommodate the water booster station facility. Staff has been working with the property owner to negotiate the purchase of the proposed water booster station site (75 fi. by 75 ft.) and had a previous agreement outlining the site acquisition terms per a letter dated July 10, 2014 and as approved by the City council on October 21, 2014. Recently the property owner has requested to eliminate the part of the sale relating to the County's acquisition of 15 feet along the eastern property line. To accommodate this request the City must acquire additional area consisting of 15 ft. by 75 ft. to close the gap between the proposed booster station site and the existing County right-of- way. In addition the City must now officially lead the acquisition process. Furthermore, at the request of the property owner the City has identified a minimal footprint for property acquisition to adequately site the booster station. The minimum footprint. of 75 0.. by 75 ft. was determined on the assumption that the property owner would grant temporary grading and construction easements necessary to redirect drainage around the booster station site and to match grades back to the adjacent property lines. The property owner has also submitted renderings demonstrating a preferred landscaping plan to provide screening for the new facility, including landscape improvements not located on the proposed City acquisition parcel. Therefore when considering the approval of the Land Purchase Agreement, the Council, along with property owner input, will be asked to consider two options for the proposed acquisition. Option 1 consisting of a smaller parcel (90 ft. by 75 ft.) with the property owner granting temporary construction and grading easements, or Option 2 consisting of a larger parcel (105 ft. by 90 ft.) to better accommodate construction and grading and to ensure some landscape screening. The general terms of the agreement options are summarized as follows: OPTION 1: 1. The City will pay the landowner $27,000 to acquire a site 90 ft. by 75 ft. (6,750 sq.ft.) to be located in the northeast corner or the property (Parcel ID 2102921310001) and abutting the CSAH 13 road R/W. 2. The site will be used by the City to construct and operate a water booster station. The first 15 feet from the County R/W is to be reserved for future County R/W dedication. The booster station will be constructed on the remaining 90 feet by 75 feet. -- page 2 -- City Council I'vleetinv July 7, 2015 [Consent ,4gendo Item I 31 3 The City will waive one 85,800 lateral benefit assessment associated with the Inwood Trunk Watermain Improvements passing the existing property at 2298 Inwood Avenue North. 4. The property owner will provide, at no cost, temporary grading and construction easements immediately adjacent to the 75 foot by 75 foot parcel for a distance up to 15 feet to the west of the parcel and 15 feet to the south of the parcel. 5. The City 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. 6. The property owner will review and sign the closing documents. However, the City will not reimburse the property owner for costs incurred for legal or other representation. 7. The City will review draft site plans with the property owner and consider input while developing the site plan, however the plan will not be subject to property owner's direction or approvals. 8 The City may provide landscaping of the site after the booster station is operational (upon completion of the project), to be completed under a separate contract at the City's discretion. Landscaping may riot tit on the City parcel and the City is under no obligation to install landscaping beyond the City owned property. OPTION 2: I. The City will pay the landowner 837,800 to acquire a site 105 fr. by 90 ft. (9,450 sq.ft.) to be located in the northeast comer of the property (Parcel 11) 2102921310001) and abutting the CSAH 13 road R/W. 2. The site will be used by the City to construct and operate a water booster station, The first 15 feet from the County R/W is to be reserved for future County R/W dedication. Thc booster station will be constructed on a 75 ft. by 75 IL area with the remaining 15 feet to the south and 15 feet to the west being used for drainage, grading and landscaping. 3. The City will waive one $5,800 lateral benefit assessment associated with the Inwood Trunk Watennain Improvements passing the existing property at 2298 Inwood Avenue North. 4. The City 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. 5. The property owner will review and sign the closing documents. However, the City will not reimburse the property owner for costs incurred for legal or other representation. 6. The City will review draft site plans with the property owner and consider input while developing the site plan, however the plan will not be subject to property owner's direction or approvals. 7. The City will provide landscaping of the site after the booster station is operational (upon completion of the project), to be completed under a separate contract at the City's discretion. RF:,CONIMENDATION: Staff is recommending that the City Council approve the Inwood Water Booster Station Land Purchase Agreement and directing the purchase of a 90 ft. by 75 ft. parcel (or 105 ft. by 90 ft.). The recoil -intended motion for this action is as follows: ',Move to approve the _Inwood .1./ater Booster Station Land Purchase Agreement to purchase a 90 ft. by 75 ft. parcel (or 105 ft. by 90 ft.) ;yid: the Caroline Maly Eberhard Living Trust." ATTACHMENT(S): 1. Inwood Water Booster Station Land Purchase Agreement, . Site Location Map. page 3 -- VACANT LAND PURCHASE AGREEMENT THIS AGREEMENT is made as of . 2015, between Allan J. Eberhard, Trustee of the Caroline Mary Eberhard Living Trust, dated May 29, 1998 ("Seller"), and The City of Lake Elmo, a Minnesota municipal corporation ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: Sale of Property.. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property ("Property"): 1.1 Real Property. The real property known as the Inwood Water Booster Station, located in the City of Lake Elmo, Washington County, Minnesota, (Parcel ID No. 2102921310001), as further shown on the map attached hereto as Exhibit A and as further legally described on the attached Exhibit B, together with all easements and rights benefiting or appurtenant to said real property. 1.2 City of Lake Elmo, intends to purchase a 90 foot by 75 foot (6750 square feet) parcel to be used by the City to construct and operate a water booster station. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property is $27,000.00. The Purchase Price shall be payable as follows: 2.1 $ as earnest money ("Earnest Money"); and 2.2 The balance by certified check or wire transfer of funds on the Closing Date. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. 3.2 Title, Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of the Title Examination Section below. 3.3 Access and Inspection. Seller shall allow Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same, including, without limitation, topographic surveys and soil tests to determine the adequacy of the soil for Buyer's intended use of the Property. Within ten (10) days of the acceptance of this Agreement, Seller shall provide Buyer with copies of all blueprints, plans, specifications, soil tests and surveys of the Property which are presently in Seller's possession. Seller shall make available to Buyer and Buyer's agents, without charge, all plans and specifications, records, inventories, permits and correspondence. 3.4 Improvements. The City agrees to waive the proposed $5,800 water lateral benefit assessment associated with the Inwood Trunk Watermain Improvements, passing the existing property located at 2298 Inwood Avenue North. The Buyer will review draft site plans with the Seller and consider input from the Seller while developing the booster station site plan. However, the site plan will not be subject to the Seller's direction or approval. The first 15 feet from the County Right -of -Way shall be reserved for future County Right -of -Way dedication. The booster station shall be constructed on the remaining 75 x 75 foot parcel. The Buyer shall provide landscaping on the site after the booster station is operational and upon completion of the project. Said landscaping shall be completed under a separate contract at the Buyer's discretion. If landscaping does not fit on the said parcel, it shall be planted within the first 15 feet to the south and west of the parcel, upon permission for right of entry by Seller. 3.5 Easements. The Seller shall provide, at no cost to Buyer, a temporary grading and construction easement, immediately adjacent to the 75 foot by 75 foot parcel, for a distance up to 15 feet to the west of the parcel and 15 feet to the south of the parcel. If any contingency has not been satisfied on or before the date set forth above for satisfaction of that contingency, then this Agreement may be terminated by written notice from Buyer to Seller, which notice must be given no later than five (5) days after the applicable satisfaction date. If no such notice is given with respect to any contingency, such contingency shall be deemed waived. Closing shall be deemed a waiver of all of the above contingencies. Upon termination, the Earnest Money, and any interest accrued thereon, shall be released to Buyer, the parties shall sign a cancellation of this Agreement, and neither party will have any further rights or obligations to the other regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 2 4. Closing.. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before July 15, 2015 ("Closing Date at the office of Johnson/Turner Legal). Seller agrees to deliver possession of the Property to Buyer immediately after Closing. 4.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 4.1.1 Deed. A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 4.1.2 FIRPTA Affidavit. A non -foreign affidavit, properly executed, containing such information as is required by IRC Section 1445(b)(2) and its regulations. 4,1.3 IRS Forms. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594, 4.1.4 Well Certificate. A completed Minnesota WO Disclosure Certificate or a statement on the Warranty Deed that "The Seller certifies that the Seller does not know of any wells on the described real property." 4.1.5 Storage Tanks. If the Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. § 116.48. 4.1.6 Seller's Affidavit. An affidavit in the form required by Title evidencing the absence of bankruptcies, judgments or tax liens involving Setter or parties with the same or similar names as Seller, and evidencing the absence of mechanic's lien rights affecting the Property, unrecorded interests affecting the Property, persons in possession of the Property, and known encroachments or boundary line questions affecting the Property. 4.1.7 Other Documents. All other documents reasonably determined by Buyer or Title to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 4.2 Buyer's Closing Documents. On the Closing Date, Buyer witt execute and deliver to Setter the following (collectively, "Buyer's Closing Documents"): 4.2.1 Purchase Price. Funds representing the Purchase Price and execution and delivery of any required financing documents. 4,2.2 IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. 5. Prorations. Seiler and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 5.1 Title Insurance and Closina Fee. Buyer will pay all costs of the Title Evidence, the cost of having a commitment for an ALTA Owner's Policy of Title Insurance for the Property (the "Title Policy") (in the amount of the Purchase Price) and the fees charged by the Title Company for any escrow required regarding Buyer's Objections. Buyer will pay the premium required for the issuance of the Title Policy Buyer wilt pay all costs for survey, legal description and recording fees charged by Title (as defined below) to conduct the Closing. Seller shall pay for any costs associated with representation to review documents. 5.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. 5.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall. be pro -rated based upon a calendar year with Seller paying through the Date of Closing. Seller shall pay any installments of special assessments payable with said real estate taxes. Seller shall pay all other levied special assessments in full as of the Date of Closing, and shall pay all special assessments which are pending as of the Date of Closing. Seller's provision for payment of a pending assessment shall be made by payment into escrow with Title of one and one-half times the estimated amount of the assessment, with the right to a refund of any excess of the escrow. 5.4 Other Costs. All other operating costs of the Property shalt be allocated between Seller and Buyer as of the Closing Date, so that Setter pays that part of operating costs payable through the Closing Date, and Buyer pays that part of operating costs payable after the Closing Date. 5.5 Attornev's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Documents will pay the reasonable attorneys' fees and court costs incurred by the non - defaulting party in enforcing its rights hereunder. 4 6. Title Examination. Title Examination will be conducted as follows: 6.1 Seller's Title Evidence. Setter shall, within twenty (20) days after the date of this Agreement, furnish the following (collectively, "Title Evidence") to Buyer: (a) a commitment ("Title Commitment") for an ALTA Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions and including affirmative assurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Johnson/Turner Legal, ("Title"); (b) a survey, paid for by Buyer, certified by a registered tand surveyor and certified to Buyer, Title and such other parties as Buyer may designate, and showing the Property and location of all improvements and easements thereon and otherwise complying with the requirements set forth in the "Minimum Standard Requirements for ALTA/ACSM Land Title Surveys" jointly established by ALTA and ACSM in 1992, and containing such other information as Buyer or Buyer's tender shalt reasonably request. 6.2 Buyer's Obiections, Within twenty (20) days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Setter wilt have thirty (30) days after receipt of the Objections to cure the Objections, during which period the Ctosing will be postponed, if necessary. Seller shall use its best efforts to cure any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to appty a portion of the cash payable to Seller at the Closing to satisfaction of such Objection, and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 30-day period, Buyer will have the option to do any of the following: 6.2.1 Extend the time period for Seller to cure the Objections by up to sixty (60) days, at the end of which time Buyer may exercise any of the remaining options set forth below. 6.2.2 Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued thereon, if any. 6.2.3 Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within sixty (60) days after such escrow is established, Buyer may then 5 cure such Objections and charge the costs of cure against the escrowed amount. The parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title, to create and administer the escrow. 6.2.4 Waive the Objections and proceed to close. 7. Subordination. This Purchase Agreement, and the rights of the Buyer in and to the real property which is the subject hereof, is specifically made subject and subordinate to the lien of any mortgage(s) or other encumbrance(s) ("Liens") made or given by Seller, whether prior to or after the date of this Purchase Agreement, and shall, prior to Closing and payment by Buyer of the Purchase Price, remain subordinate and junior to all such Liens as if the same had been duly executed and acknowledged by the Seller, and recorded, prior to the date of this Purchase Agreement. At Closing, Seller will be responsible, at its sole expense, for obtaining any release necessary to convey fee title to the Property to Buyer free and clear of any such Liens. 8. Qperation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. Seller shall execute no contracts, teases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date, without the prior written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 9.1 Existence; Authority. If Seller is a corporation, limited liability company or partnership, Seller is duly organized, qualified and in good standing, and has the requisite power and authority to enter into and perform this Agreement and the Seller's Closing Documents; such documents have been duly authorized by all necessary action; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 9.2 Environmental. Laws. No toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and 6 various constituents of such products, and any hazardous substance as defined in any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment) (collectively, "Hazardous Substance") have been generated, treated, stored, transferred from, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to the Property becoming a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. There has been no discharge, release or threatened release of Hazardous Substances from the Property. There are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. The Property is not now, and to the best knowledge of Seller never has been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill, dump, disposal or storage site for Hazardous Substances. 9.3 FIRPTA. Seller is not a "foreign person/' "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. 9.4 Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. 9.5 Wells and Individual Sewage Treatment Systems. Seller does not know of any "Wells" on the Property within the meaning of Minn. Stat. § 1031 or "Individual Sewage Treatment Systems" on the Property within the meaning of Minn. Stat. § 115.55. This representation is intended to satisfy the requirements of those statutes. 9.6 Storage Tanks. No above ground or underground tanks are located on or about the Property, or have been located on or about the Property and have subsequently been removed or filled. 9.7 Reports. Seller has no environmental reports or studies relating to the Property, except those which have been or will be delivered to Buyer as required under this Agreement. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, which Buyer incurs because of the breach of any of the 7 above representations or warranties, whether such breach is discovered before or after Closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 10, Assignment. Either party may assign its rights under this Agreement with the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 11. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 12. Notice. Any notice to be given by a party hereto shall be personally delivered, sent by certified mail, or sent via a nationally recognized courier service that issues a receipt, to the other party at the address set forth for that party below (or to such other address as may be designated by notice to the other party), and shall be deemed given upon the earlier of personal delivery, two days after the date postmarked, two (2) days after depositing with such courier for delivery or upon the refusal to accept such service. Address for Notice to Seller: With a Copy to: Address for Notice to Buyer: City of Lake Elmo Attn: Dean Zuleger City Administrator 3800 Laverne Avenue North Lake Elmo, MN 55042 With a Copy to: David K. Snyder Michele R. Loughrey Johnson/Turner Legal. 56 E. Broadway Avenue, Suite 206 Forest Lake, MN 55025 13. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns, and has been made under the laws of the State of Minnesota and such laws will control its interpretation. 14. Remedies. The following shall be the exclusive remedies available to the parties under this agreement: 14.1 if Buyer defaults under this Agreement due to no fault of Seller, then Seller may terminate this Agreement by providing at least thirty days' prior written notice to Buyer. If Buyer fails to cure Buyer's default within such thirty -day period, then at Seller's election (i) this Agreement shall thereupon be terminated, and Seller shall retain the Earnest Money as liquidated damages; or (ii) Seller may seek specific performance of this Agreement by Buyer. 14.2 If Seller defaults under this Agreement due to no fault of Buyer, then Buyer may terminate this Agreement by providing at least thirty (30) days' prior written notice to Seller. If Seller fails to cure Seller's default within such thirty -day period, then at Buyer's election (i) this Agreement shall thereupon be terminated, and Buyer shalt be entitled to a refund of all Earnest Money, together with accrued interest thereon, if any; or (ii) Buyer may pursue such other actions or remedies as are available to it, including its right to damages against Seller for its failure to perform, or for misrepresentation or for specific performance of this Agreement by Seller. 14.3 Any suit by a party hereto which is described above and is based upon the other party's default must be commenced no later than one hundred twenty (120) days after the date of the occurrence of the default. The said 120-day limitation shalt not apply to claims for indemnification otherwise provided for in this agreement. 15. Severabilitv. In case any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such holding shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16. Business Days. In the event any deadline or performance date set forth in this Agreement falls on a Saturday, Sunday or legal holiday in the State of Minnesota, such deadline or performance date shall be deemed to be postponed to the next business day thereafter. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: BUYER: Allan J. Eberhard, Trustee Of the Caroline Mary Eberhard Living Trust, dated May 29, 1998 THE CITY OF LAKE ELMO By: By:_ Its: It: 10 EXHIBIT A Map of Property EXHIBIT B Legal. Description All that part of the North 75.00 feet of the East 150.00 feet of the North 1/2 of the SW '/4 of Section 21, Township 29 North, Range 21 West, Washington County, Minnesota, which lies westerly of the west line of Parcel 3 of the WASHINGTON COUNTY HIGHWAY RIGHT OF WAY PLAT NO, 98 — C.S.A.H. 13, according to the recorded plat thereof, 3/11/2014 .114 t( ot1 I lt http://mapsicoiwashing tonirrin.us/PropertyVieuer/ Washing ton County PropertyVier Si n in 1/1 INVESTORS SERVICE New Issue: �oody^s asSignsAa2 to Lake Imo, Ms $2.8— GO Bonds'Ser. Aa2 rating applies to $22.8 million of post -sale GOULT debt LAKE ELMO (CITY OF) MN Cities (including Towns, Villages and Townships) MN Moody'aRating ISSUE RATING General Obligation Bonds, Series 2015A Ae2 Sale Amount $2.815.000 Expected Sale DateU7/87/15 Rating Description General Obligation Moody's Outlook N0O NEW YORK, June 29, 2015 --Moody's Investors Service has assigned an Aa2 rating to the City of Lake Elmo's (MN) $2.8 million General Obligation (GO) Bonds, Series 2015A. Concurrently, Moody's maintains the Aa2 rating unchy'unutotmndingGOdmbLPoot-sa|e.thooitywiUhpvo$22.8miUionofGOdebtoutstanding. SUMMARY RATING RATIONALE The Aa2rating reflects the ui1y'nmodestly-sized and affluent tax base experiencing growth, located inthe Twin Cities metro region; strong finencoosupported byconservative budgeting and healthy unassigned fund balance; moderate direct debt burd*n�and modest exposure hounfunded pension UeN\iheo. OUTLOOK Outlooks are usually not assigned tnlocal government credits with this amount ofdebt outstanding. WHAT COULD MAKE THE RATING GOUP -Growth in the city's tax base to levels consistent with higher -rated entities WHAT COULD MOVE THE RATING DOWN -Deterioration ofthe tax base orweakening cf the demographic profile -Material declines inthe city'efinancial reserves -Significant increase indebt levels STRENGTHS -Affluent tax base favorably located inTwin Cities metropolitan area -Strong financial operations and healthy financial reserves and liquidity CHALLENGES -Small tax base size relative toothers inthe rating category -Above average fixadcosts RECENT DEVELOPMENTS Recent developments are incorporated inthe Detailed Rating Rationale, DETAILED RATING RATIONALE ECONOMY AND TAX BASE: MODESTLY -SIZED AFFLUENT TAX BASE NEAR THE TWIN CITIES EXPERIENCING GROWTH The city's tax base is expected togrow in the medium term due to its favorable location within the Twin Cities metropolitan area and large amount of land available for development. Located in Washington County (Aaa stable), the city lies along the eastern edge of the metropolitan region, The city's full value of $1.3billion experienced two years of significant growth, following declines in previous years, due to new residential development. In 2014 economic market value increased byG.8% and in2015itincreased byasizeable 127Y6.City dficielsreport that the increases are due to approximately 45% of the city's land being available for development and 60% of that land being developed within the next 5 to 10 years, Major development areas include a mixed use development along I- 94,the~O|dVl||age"oecMonoftheui(y.ondUhenorthem*d0ooftheciq/a|mngHighway3O.Reoentoodma0es show approximately 1,900 new homes being built in city in the next 10 years. Given the planned development for the area, it is expected that the tax base will experience significant growth in the medium term, The city iointhe process ofonny$rLmhnguuhutendo|water and sewer improvements throughout the city inorder 8naccommodate the planned development. The city has an Infrastructure Debt Participation Policy in place that requires infrastructure for private development Vobmfunded by the developer nrbenefiting parties. The city collects fees and special assessments at preliminary plat mitigating the risk of non-payment. Lake Elmo is primarily a bedroom community with the majority of residents commuting to employment opportunities throughout the Twin Cities area. Based upon net tax capacity, the city io77%residential and 15% commercial and industrial. The largest employer of city residents is 3M Company (Aa3 negative), which is headquartered in nearby Maplewood (Aal) and employs approximately 9,100. Management reports that the city's other major employers and taxpayers remain stable. The city has experienced ongoing population growth inrecent decades, including 17.G% growthbetween 2O0Oand 2010, and the Metropolitan Council (Minn -St. Paul Area) (Aaa stable) estimates thatthe city's 2010 population of 8'069nou(d grow to2U.5O0 by 2040. Washington Cmunty'n unemployment rate of3.7% in March of2015 remained below the national (5.6%) and state (4.5%) levels for same period. Lake Elmo's resident income levels significanfly exceed those of the nation, with median family income equivalent to184.1 % and ufthe nation. FINANCIAL OPERATIONS AND RESERVES: STABLE FINANCIAL OPERATIONS SUPPORTED BY HEALTHY RESERVES The oity'afinancial operations are expected to remain stable given its history of sound financial management and maintenance cfhealthy General FundUquidUyandresemao.Theokyhasdemonotratedconaervadvefinancha| management, having closed five out of the past six fiscal years with modest operating surpluses. Management attributes the surpluses to conservative budgeting of both revenues and expenditures. The city closed fiscal 2014 with e$4000operating | d a General Fd balance of$32 million,83 Y6 of revenues. Approximately $600,000 of the city's fund balance is reserved for an advance to the city's Old Village Fund. The entire balance is expected to be paid in full by 2016, The city's fiscal 2014 unassigned fund balance of $2.5 million, which is equivalent to 74.7% of revenues, remains healthy and above the city's policy of maintaining unassigned fund balance of 35% to 50% of budgeted operating revenues. For fiscal 2015, the city presented a balanced budget, and year to date estimates indicate that the city is on target and may expect a modest operating surplus of approximately $50,000 due to favorable budget fluctuations. Property taxes comprise 72.JY6ofLake Bmo's General Fund mvenues, and the oity's collection rate is high with few appeals. The city does not receive any local government aid from the state; therefore, i|iasubject tominimal risk associated with budgetary pressures at the state. The state implemented property tax limits for 2014 only, but the cap did not impact Lake Elmo anthe city had planned tokeep its levy flat, The city was party to a lawsuit along with the State of Minnesota seeking damages from 3M for allowing perfluorochemicals (PFCs) to leach into groundwater in Washington County over several decades. The city entered atolling agreement through October 2015, which allowed the city to negotiate with 3M and put on hold the statute of limitations should the city have decided to return to litigation. Conservatively, the city did not include any potential settlement money inits budget projections, and will use any such funds for one time expenditures orVo pay debt service. Liquidity In 2014, the city's unrestricted net operating cash position across major operating funds (GeneralFund and Debt Service Fund) was $8.5million orovery healthy 8G.QY6otrevenues. DEBT AND PENSIONS: MODERATE DEBT BURDEN WITH MODEST ADDITIONAL BORROWING PLANNED The city's direct debt burden is a moderate 1,7% of full value, and though some additional borrowing is planned, the debt burden is expected to remain manageable given the city's expected growth. The city's direct debt of $23 million mo\odon $13mi|\ion of GO debt that ia expected Uubwrepaid by Vhecity'e self-supporting water enterprise. The city's fixed costs related to debt service, inclusive of the GO debt supported by the water enterprise, were above average at 17.6% of operating expenditures in 2014, The city expects to issue an additional $2 million to $3 million ofGOdebt annually for water and sewer and road improvements over the next few years. Debt Structure All of the district's direct debt is fixed rate and amortizes over the long term. Principal amortization is below average with 66.3% of all debt retired in ten years. Debt -Related Derivatives The district has noderivative agreements. Pensions and OpE8 Moody's three year average adjusted net pension liubili� (yJNPU.mmughfisca|2O14in$3.3nN|ion.oquivalen to 0.3% of full value, and 0.8 times operating revenue. The ANPL is based upon our allocation of the reported unfunded liabilities oftwo multi -employer oout-yhmhn0penaionplano.theGenera)ErnployeenRednomentFvnd (GER| ) and the Public Employees Police and Fire Fund (PEPFF).and one single employer pension plan the Lake Elmo Firefighter's Relief Association plan. Moody's ANPL reflects certain adjustments we make to improve oom�a—bi|i\yofrmpo�edpension |iabi(ihen,The adjustments are not intended toreplace the oity'o,apo�edliability i�or'�jon.but <oimprove comparability with other rated entities. The actuarial valuation dates for the cost sharing plans are June 3D.2013.The c '000tm\fioual 2014contribution 0othe plans, was G86.0O0or2.1%ofoperating expenditures. MANAGEMENT AND GOVERNANCE: STRONG INSTITUTIONAL FRAMEWORK; SIZABLE RESERVES PROVIDE CUSHION Minnesota cities have an institutional framework score of "Aa" or strong. Cities rely on property taxes to fund the majority of operations followed by state aid. State Local Government Aid (LGA) typically comprise the second largest source d ranges aupprnximo\oly frum0% to8O%oronaverage 25%of8Frevenues. The State increased �aid for next biennium, after years ofstate aid cuts and stagnant aid. CNes typically have above average debt related expenditures. Notably, overall expenditures are predictable and cities have the ability to reduce expenditures ifnecessary, and benefit from unlimited operating levy authority. We believe management will continue to maintain positive to balanced operations based on the city's trend of growing reserves. KEY STATISTICS -2014Full value: $1.38i||ion -2014Estimated full value per capita: S164,000 '2008' O12Modianhanily income (as aY6oJUS): 1941% -Fiscal 2014AvaUab|o Operating Fund Balance: 73.5% -Fiscal 2009 to Fiscal 2014 Change in Available Operating Fund Balance as a % of revenues: 10.0% -Fiscal 2O14Operating Fund Cash Balance: 80,9% -Fiscal 20080uFiscal 2O14Change \nOperating FundCaxhBalanoaaom%cdmvenueo:1O,5% -Fiscal 2009 to Fiscal 2014 Average Operating Revenues / Operating Expenditures: 0.98x '{noWudons8Framework: Ae 'Net Direct DoDt/ Full Value, 1796 -Net Direct Debt / Operating Revenues: 5.0times '3' earavemge ofyNoody's ANPL/ Full Value: 0.3% '3'yeeraverage of[Noody'oANPL/Operating Revenues: O8times OBLIGOR PROFILE Located in Washington County (Aaa stable), the city lies along the eastern edge of the Twin Cities metropolitan region. The 201Dpopulation was 8.O88according tncensus estimates. LEGAL SECURITY The bonds are secured by the city's general obligation unlimited tax (GOULT) pledge to levy a dedicated debt service tax that is not limited by rate oramount. USE DFPROCEEDS Proceeds ofthe bonds will beused bzfinance street improvement and utility projects. PRINCIPAL METHODOLOGY The principal methodology used in this rating was US Local Government General Obligation Debt published in January 2014, Please see the Credit Policy page on www.moodys.com for a copy of this methodology. REGULATORY DISCLOSURES For ratings issued onaprogram, series ov ofdebt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. 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MJKK and MSFJ also maintain policies and procedures to address Japanese regulatory requirements, TI IF LAKE ELMO A4,4 \,/ DATE: REGULAR ITEM # AGENDA ITEM: Diedrich Property Townhouses (Lennar) — Preliminary Plat SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Planning Commission Nick Johnson, City Planner Jack Griffin, City Engineer July 7, 2015 SUGGESTED ORDER OF BUSINESS; Introduction of Item ............ ..... Development Director Report/Presentation ..... Development Director Questions from Council to Staff. ...... Mayor Facilitates Call for Motion .............. ........... Mayor & City Council Discussion Mayor & City Council Action on Motion ...... ..................................... Mayor Facilitates 15 POLICY RECCOMENDER: The Planning Commission is recommending approval of a preliminary plat for a new subdivision as requested by Lennar Corporation, The Subdivision Ordinance requires that the City Council review and approval a preliininary plat before an applicant may proceed with the preparation and recording of a final plat. The subdivision request is being made by Lennar for property presently owned by Tanuny Diedrich and Gerhard Rieder within the 1-94 Corridor planning area. FISCAL IMPACT: TBD — The City will require that the applicant enter into a developer's agreement with the City to specify the financial responsibilities for various aspects of the subdivision and related public improvements. The developer is expected to pay the Water Availability Charge for the entire development at the time a final plat is approved (currently $3,000 per unit) similar to other developments that are connecting to the Lake Elmo Avenue water main. SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request for approval of a Preliminary Plat from Lennar Corporation for a 46-unit singled family attached (townhouse) development to be located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of the Hunters Crossing development. The proposed development site is located within the City's 1- 94 corridor planning area, and is in an area guided for public sewer arid water services. The preliminary plat has been prepared in response to the City's Comprehensive Plan for the corridor, which guides this site for medium density urban residential development. The Staff report to the Planning Commission -- page 1 -- City Council Meeting [Regular Agencla Iein 15] July 7, 2015 concerning this request is attached to this memorandum, and includes a detailed summary of the request in addition to the detailed Staff review and recommendation. The Planning Commission is recommending approval of the preliminary- plat with several conditions of approval. The suggested motion to adopt the Planning Commission recommendation is as follows: "Move to adopt Resolution No. 2015-56 approving the Lennar Diedrich Townhouses prelintinaly plat 'pith 16 conditions of approval." LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The attached staff report to the Planning Commission provides an overview of the request and a list of comments and recommendations from Staff In order to address the initial set of comments from the City, the developer prepared an updated site plan prior to the Planning Commission meeting that reduced the overall nurnber of units by two and that changed the originally planned private street to a public street meeting City specifications. Although the construction plans have not yet been updated, the 'Planning Commission's review focused on the updated site plan. The City will still need to review updated construction plans, and all previous review comments from the City Engineer and County Engineer will need to be addressed by the applicant. Since the Planning Commission meeting the developer has updated the landscape plan to provide a better overview of how the site will look when completed. The Planning Commission considered the preliminary plat at its June 22, 2015 meeting and conducted a public hearing on the applicant's request at this time. No one spoke at the public hearing. The Planning Commission discussed the request and specifically issues associated with the tinting of improvements to 5'1' Street, the updated site plan, and potential issues associated with the new configuration of lots. The Commission also noted that the developer would need to address an ownership issue in the extreme southwestern portion of the plat. Specifically, Ryland Homes owns a small remnant of land that is sandwiched between 5111 Street and the Lennar property. This property is shown as part of the Lennar plat, but it may be excluded from the subdivision based on the developers' continents at the meeting. If this is the case, four of the lots need be adjusted in order to provide adequate rear yard setbacks. This is not a major plat concern, but will need to be addressed as part of a final plat submission. The Commission adopted a finding of fact to document their concerns over this issue. The Commission further discussed the status ofparks in this area and the developer's request to pay a fee in lieu of land dedication. Commissioners adopted a motion to include a finding that there are no City parks within 1/2 mile of the subdivision site. The Commission also requested one additional condition of approval to clarify that the developer must secure a written agreement from Xcel Energy to perform the planned grading work within the existing power line easement. The conditions of approval as amended by the Planning Commission are incorporated into the draft resolution. The Planning Commission adopted a motion to recommend approval of the Preliminary Plat with the findings and conditions as noted in the attached Resolution 2015-56. The motion passed unanimously (7- 0). BACKGROUND INFORMATION (SWOT): Strengths The preliminary plat is consistent with the Comprehensive Plan and specifically the Urban Medium Density Residential land use classification. The project will connect to the Cottage Grove sewer interceptor via a connection to the gravity line constructed across the project site late last year. The project will connect to the Lake Elmo Avenue water main -- pave 2 -- City Council Meeting [Regular Agenda Item 15] July 7, 2015 Weaknesses Opportunities recently installed in this area. The two developers adjacent to 5th Street have not yet agreed to build this road as a joint project. The development will include 46 REC units and will pay connection fees for sewer and water service. The developer has committed to paying the water availably charge for the entire development ($138,000 based on the current fee schedule) with the first phase of the final plat. The project will include the construction of the initial segment of 5' Street to the east of Lake Elmo (which must either be constructed as a public project or privately by the developer). Threats • None identified. RECOMMENDATION: Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the Lennar Diedrich Townhouses preliminary plat with the 16 conditions of approval as documented in the resolution of approval by taking the following action / with the following motion: "Move to adopt Resolution No. 2015-56 approving the Lennar Diedrich Townhouses prelhnintny plat with 16 conditions of approval." ATTACHMENTS: 1. Resolution No. 2015-56 2. Planning Commission Report (6/22/15) 3. Application Forms 4. Application Narrative and Information 5. Location Map 6. Tree Inventory 7, Review Comments: a. City Engineer b. Washington County Preliminary Plat and Plans (20 sheets) a. Revised Site Plan (Dated 6/19/15) b. Revised Landscape Plan (Dated 6/25/15) c. Cover Sheet d. Legend Sheet e. Existing Conditions f. Preliminary Plat g. Preliminary Site Plan h. Preliminary Utility Plan i. Preliminary Grading Plan j. Erosion Control Plan k. Preliminary Seeding Plan 1. Preliminary Street Profiles in. Details n. Landscape Plan o. Tree Preservation Plan -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-56 A RESOLUTION ,4PPROVING .4 PRELIMINARY PLAT FOR THE LENNAR DIEDRICH TOWNHOUSES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Lennar Corporation, 16305 36th Avenue North, Plymouth, MN (Applicant) has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for the Lennar Diedrich Townhouses subdivision, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held public hearing on June 22, 2015 to consider the Preliminary Plat request; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council from Community Development Director Kyle Klatt for the July 7, 2015 Council Meeting; and WHEREAS, the Lake Ehno Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July 7, 2014 and made the following findings of fact: 1) That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the preliminary plat complies with the City's Urban Medium Density Residential zoning district regulations. 3) That the preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances with the plan revisions as requested by City Staff and consultants. 4) That the preliminary plat complies with the City's subdivision ordinance. 5) That the preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated June 17, 2014. 6) That there are no City parks located within 'A mile of the proposed subdivision. Resolution No. 2015-56 7) That the updated development plans indicate that proposed structures on Lots 29-32 are located too close to the property line and that the development plans must be updated to move these structures to the required setbacks prior to the submission of a final plat. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the preliminary plat for the Lennar Diedrich Townhouses subdivision subject to the following conditions: ) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. 2) The final landscape plan shall incorporate additional plantings where feasible adjacent to the shared property lines with parcel at 11490 Hudson Boulevard. 3) The applicant shall he responsible for updating the final construction plans to include the construction of all improvements within the Lake Elmo Avenue (CSAE 17) right-of-way as required by Washington County and further described in the review letter received from the County dated March 3, 2015. The required improvements shall include, but not be limited to the construction of a northbound right turn lane and southbound center turn lane. 4) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 5) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance. A cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. 7) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. 8) All required modifications to the plans as requested by the City Engineer in a review letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a final plat. Resolution No. 2015-56 9) The applicant shall update all of the landscaping and construction plans to reflect the updated site plan that includes a public right-of-way within the project area. These updated plan shall be subject to review and approval by the City Engineer. 10) Although the updated site plan does not incorporate a private street, any request for flexibility from City regulations and standards must be considered and addressed as part of the final plat submission. 11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a minimum, the northern portion of 5ffi Street if a joint construction project between the applicant and Ryland Homes does not proceed in advance of a final plat submission for the applicant's site. 12) The architectural covenants for the homeowner's association shall include provisions that discourage blank garage doors. All garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage -forward home design. 13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. 14) The site plan and construction plans shall be revised to include a sidewalk along at least one side of all streets within the subdivision. l 5) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development prior to the release of the final plat for recording, regardless of project phasing. 16) The developer shall secure a written grading agreement from Excel Energy concerning the proposed grading activity underneath an existing power line easement across the property prior to submission of a final plat. Passed and duly adopted this 7th day of July 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Buckie Gumatz, Deputy City Clerk Resolution No. 2015-56 ITEM: PLANNING COMMISSION DATE: 6/22/15 AGENDA ITEM: 4A — PUBLIC HEARING CASE # 2015-19 Diedrich Property Townhouses (Lennar) — Preliminary Plat and Conditional Use Permit SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Nick Johnson, City Planner Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Preliminary Plat request from Lennar Corporation for a 46-unit single-family attached (townhouse) development to be located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of the Hunters Crossing development. The site is located within the 1-94 Corridor Planning Area and is therefore on property that has been guided for public sewer and water services. The application as originally submitted included a request for a Conditional Use Permit to allow the use of a private street to serve the individual townhouse units. The applicant has since updated the proposed site plan and plat to incorporate a public street within the development, which will eliminate the need for a conditional use permit. Staff is recommending approval of the request with conditions as listed in the below report. GENERAL INFORMATION Applicant: Lennar Corporation (Paul Tabone); 16305 36th Avenue North, Suite 600, Plyrnouth MN 55446 Property Owner: Tammy Diedrich and Gerhard Rieder, 7401 Wyndham Way, Woodbury, MN 55125 Location: Part of Section 36 in Lake Elmo, north of1-94, east of Lake Elmo Avenue, and south of the Cimarron Golf Course property. Immediately north of 404 Lake Elmo Avenue North, PID: 36.029.21,32.0002 Request: Application for a preliininary plat related to a 46-unit townhouse subdivision. A request for a conditional use pernnt is no longer need based on the submission of an updated site plan with a public street. Existing Land Use and Zoning: Surrounding Land Use: Vacant with fairly heavy tree cover. Current Zoning: RT — Rural Transitional; Proposed Zoning: MDR — Medium Density Residential North -- Cimarron Manufactured Home Park and golf course; East — Trans -City industrial building; West -- Rural Residential property and The Forest residential subdivision; South — PUBLIC HEARING ITEM 4a — ACTION ITEM Hunters Crossing single family residential development; also one existing home site adjacent to Lake Elmo Avenue. Surrounding Zoning: MDR - Medium Density Residential, RT - Rural Development Transitional; LDR - Low Density Residential Comprehensive Plan: Urban Medium Density Residential (4 - 7.5 units per acre) History: No history on file with the City. Site has been vacant or used for agricultural purposes for a long period dame. The sketch plan was reviewed by the City in February and March of 2015. Staff did not find any information in the City's land use files for the site that would impact the proposed subdivision. Deadline for Action: Applicable Regulations: Application Complete - 6/3/15 60 Day Deadline - 8/2/15 Extension Letter Mailed -- No 120 Day Deadline - 10/1/15 Chapter 153 - Subdivision Regulations Article 10 - Urban Residential Districts (MDR) §150.270 Storm Water. Erosion, and Sediment Control REQUEST DETAILS The City of Lake Elmo has received a request from Lennar Corporation for a preliminary plat for a 46 unit townhouse development tentatively called the Diedrich Property Preliminary Plat. Please note that the original application and all of the construction plans as submitted were for a 48-unit project utilizing a private street. Due to several issues concerning the original configuration of lots and in order to address City, County, and watershed district comments and concerns, the applicant has submitted a revised site plan that now includes a public street and a reduced number of lots. The applicant may still be seeking some variation from City standards in order to plat a public street, and Staff is suggesting that any variations from the City's zoning and subdivision regulations be addressed at the final plat stage. The City previously reviewed a sketch plan for the property earlier in the spring of this year, and the current application has been preceded by a Comprehensive Plan amendment that changed the future land use designation of this parcel from HDR - High Density Residential to MDR - Medium Density Residential. The site under consideration is situated between the Cimarron Golf Course and the Hunters Crossing development north of the planned 5th Street corridor and west of Lake Elmo Avenue. The property is currently vacant, and there is no record of any buildings or structures being constructed on the site. When the City was initially planning the trunk sewer line project to serve the Village Area, the original alignment of the trunk sewer through this property followed the northern and eastern property boundaries. After subsequent discussions with the property owners, this alignment was changed to the southern boundary of the site, within what eventually become the planned right-of- way for 5`h Street. The City has acquired easements for both 5'h Street and the sewer and water main serving this area that cross the southern property boundary of the applicant's property. These easements may eventually be vacated since the preliminary plat will formally dedicate the required right-of-way for the road, sewer, water, and other utilities as 5`h Street. A similar dedication of the road and utility right-of-way was provided with Hunters Crossing to the South. PUBLIC HEARING ITEM 4a - ACTION ITEM The proposed access into the development is now proposed to occur via a new public road immediately across from the entrance to Hunters Crossing (Lavern Avenue North), The City has previously approved the use of private roads to serve the townhouse units with Lermar's Savona subdivision, arid the plan as originally drawn out called for a private road to be used to access the proposed townhouses. The road as originally planned would have been located within a 30-foot wide Outlot, however, the City Engineer expressed concern that this outlot was not wide enough to accommodate all necessary infrastructure (both private and public) to serve the development. In order to address these (and other) concerns, the applicant has propose a modified plan that accommodates a public street meeting all City standards. This updated plan has been submitted as a supplement to the original application materials that still include a 30-foot outlot with a private street. Any future plan submissions and reviews will need to address revised review comments from Staff, and specifically, the City Engineer, prior to approval of a final plat. The overall site plan is generally consistent with sketch plan submitted earlier this year. The two notable exceptions are that the (now revised) preliminary plat reduced the overall number of units from 50 to 46. The developer is proposing to construct a sidewalk along the main entrance into the development in addition to a sidewalk connecting the western cul-de-sac with the planned 5`11Street trail. There are no interior sidewalks depicted on the preliminary development plans, and the applicant has stated that they believe that interior sidewalks will not be necessary given the low traffic volumes expected on the interior streets. Staff is recornmending that if the project does includes a public street and right-of-way meeting City standards that a sidewalk on one side of all street be included in the final development plans. One of the reasons that the applicant originally requested the use of a private street is that it would allow them to slightly vary the setbacks of the townhouse units in order to help minimize the visual impact of a row of townhouses all at the same setback. The developer is still looking for ways to add some variation to the setbacks, and will be seeking some minor modifications as part of the final plat submission in order to address this issue. Consistent with the City's specifications for the .5`1) Street roadway segment, the applicant has provided for a 100-foot wide right-of-way, which will provide sufficient room for the construction of a parkway with turning lanes, 10-foot bituminous trail, sidewalk, trees, lighting, and other design elements as planned by the City. In this case, the applicant is retaining the existing easement width of 110 feet at the intersection of 5'1' Street and Lake Elmo Avenue and narrowing the right-of-way down to match the 100 foot right-of-way platting within Hunters Crossing. Both Ryland Homes and Lennar are still working towards a joint project to build 5'h Street at one time verses splitting the construction up into northern and southern segments. The preliminary plat has been developed in response to the City's recently adopted Comprehensive Plan, which identifies all of the applicant's property for urban medium density residential development. The plat incorporates 46 single family attached lots, most of which are designed with widths around 40 feet each. Given the limited access to the site and relatively small nature of the property, the applicant has worked to incorporate some variety into the arrangement of lots as is possible given these restrictions. Public sanitary sewer service is presently available on the site, which was constructed as part of the Village trunk line project completed late last year. Water was extended to the site as part of the 2014 Lake Elmo Avenue water main project. Like other developments along this line, the developer will be expected to pay the full water availability charges for each planned lot ($3,000) at the time of the final plat, even if the project is broken up into different stages. PUBLIC HEARING ITEM 4a — ACTION ITEM 4 PLANNING AND ZONING ISSUES The Diedrich Townhouse site is guided for urban medium density development in the City's Coinprehensive Plan, and the appropriate zoning for the site will be MDR — Medium Density Residential. The actual rezoning of the property is a necessary step prior to development of this site that will need to be completed prior to approval of the final plat. The overall subdivision plan has therefore been prepared in order to comply with the district standards for the MDR districts in terms of lot size, lot widths, building setbacks, and other design criteria. Within the MDR district, townhouses are allowed that do not meet minimum frontage requirements or that are located along a private street as a conditional use permit. The planned road serving the townhouse lots extends due north from 5th Street and then splits east and west through the middle of the property to provide access to the townhouses. There are no planned connections to the east, west, or north of the property because these sites have previously been developed or will connect into .5`h Street once on either side of the site under consideration. Given the site characteristics and the inunediately adjacent land uses (which are all different than single family), the applicant has had to design the site as an isolated island that is impractical to connect to adjacent properties. The streets as originally planned and later updated will meet the City's minimum standards for construction. The sidewalks within the subdivision are limited to those mentioned in the previous section of this report, and there are no sidewalks planned along the east/west private road, Please note that the plat as originally submitted did not dedicate the amount of right-of-way that has been requested by Washington County. The County has previously requested that the developer dedicate an additional 42 feet of right-of-way along Lake Elmo Avenue, and that this right-of-way width be incorporated into the final plat. The additional right-of-way does impact the location of the planned storm water pond over Outlot A, and this pond and associated grading work will need to be adjusted in order to account for the expanded right-of-way. Updated plans must be reviewed and approved by the City. County, and Watershed District prior to the City's approval of a final plat for this subdivision. As noted in the preceding section, the developer has submitted an updated site plan that retains the same general layout, and configuration of lots, but changes the proposed private street outlot of 30 feet to a public right-of-way 60 feet in width. The additional right-of-way has been requested by the City Engineer to help ensure that there is adequate room for future maintenance and upkeep of public utilities (sewer, water, and other private utilities) within this subdivision. All final construction plans will need to be updated to reflect the public right-of-way and reconfiguration of lots. The preliminary site plan included as part of the application materials includes a description of the lot size, dimensions, and all required setbacks for the development. All of the lots meet the City's minimum area requirement of 4,000 for single-family attached lots in a MDR district, with the smallest lot proposed at 5,527 square feet. The site plans further illustrate that throughout the subdivision the lots will average 8,782 square feet, which exceeds the minimum requirements by a fairly wide margin. The following is a general summary of the subdivision design elements that have proposed as part of the Diedrich Townhouses preliminary plat and plans: Zoning and Site Information: • Existing Zoning: RT — Rural Transitional PUBLIC HEARING ITEM 4a — ACTION ITEM • Proposed Zoning: • Total Site Area: • Total Residential Units: • Proposed Density (Net): • REC Units from Comp Plan: Proposed Lot Dimensional Standards: • Min. Lot Width: • Lot Depth: • Lot Area: • Front Yard Setback: • Side Yard Setback: • Rear Yard Setback: Proposed Street Standards: • ROW Width — Local • ROW Width — Minor Collector • Street Widths — Local: • Street Width — Minor Collector MDR — Medium Density Residential 15.11 acres (includes Outlot D of Hunters Crossing) 48 4 units per acre 57 (based on a gross calculation) 40 ft. 134 ft. (140 ft. typical) 4,000 sq. ft. (8,000 typical) 25 ft. 10 ft. 20 ft. 60 ft. (potentially could be reduced to 50 ft.. for a limited access road) 110-100 feet 28 ft.(per City standard) Varies — parkway design proposed The standards listed above are all in compliance with the applicable requirements from the City's zoning and subdivision regulations, including the revised public street and associated right-of-way. Based on Staffs review of the preliminary plat, the applicant has demonstrated compliance with all applicable code requirements at the level of detail that is required for a preliminary plat. The applicant will need to address the review continents from the City and County, and the final plat and final construction plans will specifically need to be updated to reflect the wider public street right-of- way and expanded Lake Elmo Avenue (CSAH 17) right-of-way. Any variations from setbacks and other standards because of the amended road section will need to be addressed with the final plat. As with any new subdivision the City Code requires that a portion of the plat be set aside for public park use. In this case, the applicant is not proposing to dedicate any land specifically for a public park, and is instead asking to pay a fee in lieu of land dedication. This is not a site or general location that would suitable for a public park or any specific trail connections; therefore, Staff is supportive of the applicant's request to pay a fee instead of dedicating any public land with the subdivision. The required dedication for the 15.11 acre site would be 1.51 acres, or a cash payment of approximately $90,000 based on previous appraisals of land in this area, REVIEW AND ANALYSIS City Staff has reviewed the proposed preliminary plat, and has forwarded the plans to appropriate reviewing agencies in advance of the Planning Commission meeting. In general, the proposed plat will meet all applicable City requirements for approval, and any deficiencies or additional work that is needed is noted as part of the review record and can be imported in the final plat and final construction plans. The City has received a detailed list of comments from the City Engineer concerning the proposed subdivision; these comments arc attached to this report for consideration by the Planning Commission. PUBLIC HEARING ITEM 4a — ACTION ITEM 6 In addition to the general comments that have beenprovided in the preceding sections of this report. Staff would like the Planning Commission to consider the issues and comments related to the following discussion areas as well: • Comprehensive Plan. The proposed subdivision is consistent with the Lake Elmo Comprehensive Plan for this area and with the densities that were approved as part of this plan (as recently amended). The net densities for the development fall within the low end of the range allowed for the urban medium density, and depending on the specific amount of land that will be dedicated for 5th Street and Lake Elmo Avenue, this density will be somewhere in the 3.8 to 4.0 units per acre range. Given the site constraints and need to accommodate additional right-of-way within the plat, Staff has found that the proposed density is in keeping the spirit and intent of the Comprehensive Plan for this area. Other aspects of the Comprehensive Plan relate to the I-Eunter's Crossing subdivision as follows: o Transportation, The City's transportation plan calls for the construction of a minor collector road that will connect the eastern and western portions of the I-94 Corridor. Staff views this road as a critical piece of the transportation infrastructure that is needed to serve the densities that have been planned for this area. The City's previous acquisition of easements through this area anticipated the future alignment of 5'1) Street through the southern portion of the applicant's property and the proposed subdivision will officially plat this right-of-way with the final plat. Both Lennar and Ryland are still working towards a joint project to build all of .5th Street between their properties later this summer, and regardless of whether or not a joint project occurs, Lennar will need to build at least its half of 5`1' Street in order to provide access to the proposed townhouses. Staff will continue to work with both parties to work towards a joint project that addresses the needs of the private developers and the City for access, a Parks. The City's park plan identifies proposed locations for neighborhood parks based on the anticipated population that should be served by each park. This subdivision is located at the periphery of a park search area for the area east of Lake Elmo Avenue. During its review of the sketch plan for this subdivision, the Park Conunission did not recommend the dedication of land within the subdivision for a new park, and instead agreed with the developer's request to submit a cash payment in lieu of land dedication. Staff anticipates that a larger park that could be designed in conjunction with the School District near Oakland Junior High would better serve existing and future residents in this portion of the City. o Water. Public water service has been extended to this area via the public improvement project that installed a new water main along Lake Ehno Avenue last year. The final construction plans will need to abide by any reconunendations of the City Engineer concerning the extension of water service through this site to service other adjacent sites (which will likely not be required given the exiting development on either side of the applicant's site). o Sanitary Sewer. The developer will be required to connect to the gravity sewer main that has been installed under the .5`h Street right-of-way. The utility plans provided by the applicant document this connection. PUBLIC HEARING ITEM 4a — ACTION ITEM 7 o Phasing. The Leimar townhouse subdivision is located within the Stage 2 phasing area for the 1-94 Corridor. The City's Comprehensive Plan allows the City to consider accelerating development stages when adequate public services are available. In this case, the sewer and water projects already completed help this project meet this threshold. The developer will also be required to pay all water availability charges for the project at the time of platting regardless of project staging. Zoning. The proposed zoning for the site is MDR — Low Density Residential and the subdivision has been designed to comply with all applicable requirements of this zoning district. Subdivision Requirements. The City's Subdivision Ordinance includes a fairly lengthy list of standards that must be met by all new subdivisions, and include requirements for blocks, lots, easements, erosion and sediment control, drainage systems, monuments, sanitary sewer and water facilities, streets, and other aspects of the plans. The majority of these requirements have been addressed as part of the City Engineer's comments (which are detailed in the Engineer's comment letter) or have been reviewed as part of Staff's ongoing communications with the applicant regarding the project. The elimination of the private street will help the project comply with several of the concerns previously expressed by the City Engineer and other Staff. Infrastructure. The developer will be required to construct all streets, sewer, water, storm water ponds, and other infrastructure necessary to serve the development, Landscaping. The applicant has provided a landscape plan for the development that is intended to comply with the City's requirements for number, size and spacing of trees along the public streets. This plan should be reviewed by the City's consulting landscape architect prior to the submission of a final plat. The applicant has also submitted a tree inventory that documents the type and size of all trees on the property and all those that will be impacted by construction to determine compliance with the City's tree preservation and protection plan as described below. Tree Preservation and Protection. The City recently adopted a tree preservation and protection ordinance, and the applicant has prepared a tree inventory and tree preservation plan for the site. Overall, there are 1,387 caliper inches of trees on the subject property, and all of these trees will be removed in order to build the subdivision as planned. This means the developer will need to mitigate for 485 caliper inches (the amount that exceeds the allowed 30% removal) in accordance with the ordinance replacement schedule. The species and mix of replacement plantings should be also be reviewed by the City's consulting landscape architect. Green Belt/Buffer/Screening. There are no planned green belts or buffers on or around the site under consideration, The proposed landscape plan incorporates plantings along all edges of the property and within the internal outlots. Streets and Transportation. The proposed street system, as revised, has been designed to comply with all applicable subdivision requirements and City engineering standards. The developer must also commit to the construction of at least the northern portion of 5'h Street in PUBLIC HEARING ITEM 4a — ACTION ITEM order for the project to move forward as a final plat. The timing of this road will be somewhat dependent on whether or not Ryland and Lennar are able to come to an agreement to build 5`h Street as a joint project. The final construction plans should reflect how 5`11 Street will be built, and must include the northern portion if a join project does not move forward. The City has received and reviewed a complete set of construction plans for 5a' Street as part of the Hunters Crossing development. o County Comments. Comments received form Washington County during e concept plan review, which focus on needed improvements to Lake Elmo Avenue (CSAH 17) to serve the development, are included in an attached letter from the County's Senior Planner dated March 3, 2015. Staff is recommending that compliance with the County's comments be added as a condition of approval for the plat. Trails. The Planning Conunission comments c!uring the sketch plan review encouraged the developer to incorporate a trail connection between 5'1' Street and the easteni cul-de-sac. The developer has indicated that given the tight constraints on the site (even with the elimination of four units) that there is not sufficient room to provide for this trail connection. Staff would also like to note that the overall distance from the cul-de-sac to 511) Street is not a large distance even without a direct trail connection. Street Names. Staff has forwarded its recommendation for street names to Lennar, and these names should be included on the final plat documents. Adjacent Parcels. The proposed landscape plan includes additional plantings between the proposed townhouses and the industrial facility to the east. The landscape plan will need to be updated to reflect the revised site plan, and in particular, the plan should continue to provide for screening between the eastern -most townhouses and the adjacent industrial land. City Engineer Review. The City Engineer has provided the Planning Department with a detailed comment letter as a summary of his preliminary plat review. Staff has incorporated the more significant issues identified by the Engineer as part of the recommended conditions of approval, and has also included a general condition that all issues identified by the City Engineer must be addressed by the applicant prior to approval of a final plat for any portion of the Diedrich townhouses. With the general site plan revisions that have been proposed by the applicant, the construction plans will need to be updated to reflect this revisions. Any additional comments or concerns from the City Engineer that arise from the plan updates will need to be addressed as part of a final plat submission. Watershed District. The project area lies within the Valley Branch Watershed District and the developer will need to secure permits from the watershed district in order to proceed with the development as planned. One of the recommended conditions of approval is that the applicant receive plan approval from the watershed district prior to submission of a final plat for the subdivision. Storm Water Management. In order to accommodate the County's requirement for additional right-of-way along Lake Elmo Avenue, the developer has had to readjust the size and configuration of the planned storm water basin over Outlot A. The County will not allow any portion of the storm water facility to be located within its right-of-way; therefore, the PUBLIC HEARING ITEM 4a — ACTION ITEM 9 plans will need to be updated to reconfigure and adjust the location and size of this pond. These updated plans will be subject to review by the City Engineer and Valley Branch Watershed District. The developer is also requesting to use the proposed pond as part of a water re -use system through lawn irrigation, The City Engineer is seeking additional details concerning this system prior to making any recommendations concerning the viability of the system as proposed. Ftlashington County Review. County Staff has previously provided review comments to the City concerning the sketch plan for the Diedrich townhouses subdivision to the City in a letter dated March 5, 2015. The most significant of the County's concerns is that the applicant will need to make improvements to the County road system in order to provide the necessary access to the subdivision. As a condition of approval, Staff has noted that the applicant will be responsible for including all improvements to THI 7 as required by the County as part of the construction plans for the development. In addition, the County has noted that the required right-of-way dedication for Lake Elmo Avenue should be 92 feet as opposed to the 90 feet shown. This request does impact the proposed storm water plan as noted above. Based on the above Staff report and analysis, Staff is recommending approval of the preliminary plat with several conditions intended to address the outstanding issues noted above and to further clarify the City's expectations in order for the developer to move forward with a final plat. The recommended conditions are as follows: Recommended Conditions of Approval: I ) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. 2) The final landscape plan shall incorporate additional plantings where feasible adjacent to the shared property lines with parcel at 11490 Hudson Boulevard. 3) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within the Lake Elrno Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated March 3, 2015. The required improvements shall include, but not be limited to the construction of a northbound right turn lane and southbound center turn lane. 4) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. 5) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in PUBLIC HEARING ITEM 4a — ACTION ITEM 10 the City's Subdivision Ordinance, A cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording, 7) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site, 8) All required modifications to the plans as requested by the City Engineer in a review letter datedJune 17, 2015 shall be incorporated into the plans prior to consideration of a final plat. 9) The applicant shall update all of the landscaping and construction plans to reflect the updated site plan that includes a public right-of-way within the project area. These updated plan shall be subject to review and approval by the City Engineer. 10) Although the updated site plan does not incorporate a private street, any request for flexibility from City regulations and standards must be considered and addressed as part of the final plat submission. 11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a minimum, the northern portion of 5th Street if a joint construction project between the applicant and Ryland Homes does not proceed in advance of a final plat submission for the applicant's site. 12) The architectural covenants for the homeowner's association shall include provisions that discourage blank garage doors. All garage doors shall incorporate windows or decorative trim to minimize the visual impact of the garage -forward home design, 13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat, the Developer shall enter into a Developers Agreement acceptable to the City Attoniey that delineates who is responsible for the design, construction, and payment of public improvements. 14) The site plan and construction plans shall be revised to include a sidewalk along at least one side of all streets within the subdivision. DRAFT FINDINGS Staff is recommending that the Planning Coirunission consider the following findings with regards to the proposed Lennar/Diedrich Townhouses preliminary plat: • That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. That the preliminary plat complies with the City's Urban Medium Density Residential zoning district regulations. PUBLIC HEARING ITEM 4a — ACTION ITEM 11 That the preliminary plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances with the plan revisions as requested by City Staff and consultants That the preliminary plat complies with the City's subdivision ordinance. That the preliminary plat is consistent with the City's engineering standards provided the plans are updated to address the City Engineer's comments documented in a letter dated June 17,2014, RECCOMENDATION: Staffrecommends that the Planning Commission reconmiend approval of the Lennar/Diedrich preliminary plat with the 14 conditions of approval as listed in the Staff report. Suggested motion: "illove to recommend approval of the Lennar/Diedrich preliminaiy plat with the 14 conditions o approval as drafted by Staff" ATTACHMENTS: 1. Application Forms 2. Application Narrative and Information 3. Location Map 4. Tree Inventory 5. Review Comments: a. City Engineer b. Washington County 6. Preliminary Plat and Plans (20 sheets) a. Revised Site Plan (Dated 6/19/15) b. Cover Sheet c. Legend Sheet d. Existing Conditions e. Preliminary Plat 1 Preliminary Site Plan g. Preliminary Utility Plan h. Preliminary Grading Plan i. Erosion Control Plan j. Preliminary Seeding Plan k. Preliminary Street Profiles 1. Details m. Landscape Plan n. Tree Preservation Plan ORDER OF BUSINESS: - Introduction ... . Planning Staff PUBLIC HEARING ITEM 4a — ACTION ITEM 12 - Report by StatT................... ..... ........ ...... ..... ....,..........Planning Staff - Questions from the Commission.... ....... Chair & Commission Members Open the Public Hearing. Chair Close the Public Hearing Chair Discussion by the Commission Chair & Commission Members Action by the Chair & Con-unission Members PUBLIC HEARING ITEM 4a — ACTION ITEM Date Recei Received By LU Filet THE CITY OF LAKE ELMO PRELIMINARY PLAT APPLICATION Applicant: ( Address: 1C)5cX1 A-0E: rAccnk-3 PL*142A )7117 Phone #: 75-2, - 24'5 Email Address: -71466.4 ce?L.LkJ Fee Owner: Address: Phone #: Email Address: 651-747-3900 3800 Laverne Avenue North Lake Dm MN 55042 Property Location (Address and Complete (long) Legal Description: Lex44ret) leitzg.K/ f-14-0 i/4 - roc:Frjg.- pp-6LLA14-ftr-,4 pt_pr."- General informafion of proposed subdivision: 7K5'Cr:AYMZ) i•LiZee-t---Lti94r5 -4- cy..AYa--- Conducted pre -application meeting with Staff? EK:is No In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures. 3 further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applicant Date: Signature of Fee Own d-f Date: S:\FORMS\Plannng Dept FOM1S PORTIi15 - Forms - Current1Prelirninary Plat Application only 10.7.13.docx Revised 3/1012014 2:31 PM Date Received: Received By: Permit It THE CITY OF LAKE ELMO 651-747-3900 3800 Laverne Avenue Nodh Lake Elmo, MN 55042 LAND USE APPLICATION El Comprehensive Plan 0 Zoning District Amend [13 Zoning Text Amend 0 Variance*(see below) El Zoning Appeal rE/C--onditional Use Permit (C.U.P.) C1 Flood Plain C.U.P. CI Interim Use Permit (1,10.) 0 Excavating/Grading 0 Lot Line Adjustment 0 Minor Subdivision Ell Residential Subdivision Sketch/Concept Plan El PUD Concept Plan 0 PUD Preliminary Plan 0 PUD Final Han Applicant: 5 tiLikt.g- 86C' `741130 tie; Address: Phone # Email Address: Fee Owner: Address: Phone # Email Address: Property Location (Address and Complete (long) Legal Description: _ Detailed Reason for Request 1 6Fa--iO - P A 4 0,41t: -12 4(57-3 Catk-r---" • 'Variance Requests: As outlined in Section 301.060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate practical difficulties before a variance can be granted. The practical difficulties related to this application are as follows: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. Signature of applicant (-72'v•—--. Date: Signature of fee owner. Dale: (74/ 2_`/ /2(2o; THE CITY OF LAKE ELMO AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action. Name of applicant (Please Print) Street address/legal description of subject property 9 ( Date 6-1 // If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 -171 If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revised 9;11/2013 3:04 PM ANL (Tv, \KE ACKNOWLEDGEMENT OF RESPONSIBILITY Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue Ncrth Lake Elmo, MN 55042 This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have read and understand the instructions supplied for processing this application. The documents and/or information I have submitted are true and correct to the best of my knowledge. I will keep myself informed of the deadlines for submission of material and of the progress of this application. I understand that this application may be reviewed by City staff and consultants. I further understand that additional information, including, but not limited to, traffic analysis and expert testimony may be required for review of this application. I agree to pay to the City upon demand, expenses, determined by the City, that the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to be determined by the City. Said expenses shall include, but are not limited to, staff time, engineering, legal expenses and other consultant expenses. I agree to allow access by City personnel to the property for purposes of review of my application. Signature of applicant Name of applicant (Please Print) Name and address of Contact (if other than applicant) RevisM 9;11/2013 384 Pt IL Mr. Kyle Klatt CommunityDevelopment Director City of Lake Elmo, MN Dear Kyle: „„Ar43ak. Lennar Corporation is pleased to submit the preliminary plat application for a twin home community located on the Diedrich property (PIN 36.029.21.32.0002) along Lake Elmo Avenue. The proposed preliminary plat is in substantial conformance with the sketch plat for the property that was reviewed by the City during February. There are some modifications we wish to acknowledge with this submittal. In finalizing the design and layout, it was determined that homes were too close when private walks were added; private sidewalks were overlapping each other, especially when homes were located around the curves of both cul-de-sacs that were show-n in the sketch plat. The wider public rights of way were overdesigned, and also resulted in tight spacing around each cul-de-sac. Additionally, units 38-23 all had fronts located along the same setback line, resulting in a stretch of homes that had no variation in placement. To remedy these issues and open up the design a bit more, 2 units were eliminated to allow more space between the twin homes, resulting, in a total of 48 units. The easterly cul-de-sac has also been modified into a loop road with an outlot in a center island. This allowed us to space out the layout of the homes while providing an open space area for residents. Side setbacks have also been modified to a minimum of 7.5 feet. Because the entire interior street system is now set up as a private street, and side setbacks have been slightly modified to achieve a better fit between units, we are requesting that a CUP be processed as a master plan of development for this site primarily for the private roads, as was done in the townhome area for Savona. It should be noted that the width of the paved area is still 28' back to back; only the right of way has been reduced. The remainder of the site meets the minimum design requirements for the MDR District, with the exception of the modified setback, which can be governed by a CUP. The transition of the interior streets from public to private roads results in the opportunity for a HOA to maintain the streets, and the MDR District Density of 4 to 7 dwelling units per acre can still be achieved when right of way and pond areas are excluded. 16305 36th Avenue N, Suite 600 Plymouth, MN 55446 L Enclosed you will find the following project documents: o 5 sets of full-size plans, 1 digital set, 1.0 reductions size 1 1x17 • Signed and dated application & escrow deposit check o Current title commitment o Mailing labels — 750' radius o Vacation Exhibit for a portion of5" Street We are confident that this layout enhances the site design from what was initially presented in the sketch plat, and are excited about a new prospective community in the City of Lake Elmo. Please contact me with any questions. and I look forward to working with you. Sincerely, Paul J. Tabone Land Entitlement Mgr Lennar Minnesota e Esn. DigltalGiobe,77GeoEye.,1-cube 4,'ero ric16-irgarliS71i;Pa.th061 se Location Map: Diedrich Property (PIN: 36.029.21.32.0002) Tiii3 ( )1, LAKE ELMO Data Scource: Washington County, MN 10-22-2013 Diedrich Property 0 250 500 I i 1"=500' 1,000 Feet I Diedrich Property Tree Inventory Lake Elmo, Minnesota April 29, 2015 Tree Inventory by: Ken Arndt Forest Ecologist/Wetland Specialist Midwest Natural Resources, Inc. 1032 West Seventh St. #150 St. Paul, MN 55102 (651)-788-0641 Tree Preservation Plans provided by: engineering 2422 Enterprise Drive Mendota Heights, MN 55120 651-681-1914 # Tree Tag fl Size (DBH 1 1701 12/10 2 1702 15 3 1703 15 4 1704 16/10 5 1705 6 1706 8 7 1707 9 8 1708 8 9 1709 8 10 1710 8 11 1711 8 12 1712 8 13 1713 10 14 1714 8 15 I 1715 9 16 1716 8 17 1717 8 18 1718 8 19 1719 I 8 20 1720 8 21 I 1721 22 1722 8 23 1723 8 24 1724 8 25 1725 8 26 1726 12 27 1727 28 I 1728 9 29 1729 12 30 1730 8 31 1731 11 32 1732 10 33 1733 8 34 1734 8 35 1735 9 36 1736 3 10 37 1737 9 38 1738 9 39 1739 10 40 1740 8 41 I 1741 8 42 1742 10 43 1743 9 44 1744 8 45 1745 9 46 1746 8 717-1 1747 8 48 1748 8 49 1749 8 1750 9 1751 9 1752 8 1753 8 4 1754 10 5 1755 10 6 1756 8 50 51 52 53 Siberian Elm Siberian Elm Jack Pine Jack Pine Red Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine Jack Pine ack Pine Jack Pine Red Pine (Red Pine Quaking Aspen Jack Pine ck Pine Scotch Pine ack Pine Scotch Pine Jack Pine (Jack Pine 'Jack Pine IJack Pine 'Jack Pine jRed Pine IRed Pine 'Jack Pine IJack Pine 'Jack Pine Scotch Pine Jack Pine Jack Pine Scotch Pine Jack Pine Jack Pine IJack Pine I Red Pine Common Name Scientific Name Siberian Elm Ulmus pumila Honey Locust Gleditsia trieconthos Ulmus pumila Ulmus pumila Pinus banksiana Pinus banksiona IPinus resinoso Pinus banksiona Pinus bonksiano Pinus banksiona Pinus banksiana Pinus banksiona Pinus banksiana Pinus bonksiano Pinus bonksiano IPinus banksiona IPinus banksiona Pinus banksiana Pinus banksiono Pinus bonksiano Pinus banksiona Pinus banksiona Pinus banksiona Pinus resinosa IPinus resinosa IPopulus tremuloides jpinus banksiono Pinus banksiono Pinus sylvestris Pinus banksiona Pinus sylvestris Pinus bonksiono Pinus banksiona Pinus banksiana Pinus banksiona Pinus banksiana 'n Pinus resinosa Pinus bonksiano Pinus banksiono Pinus bonkslona Pinus sylvestris Pinus bonksiano Pinus banksiona Pinus sylvestris Pinus banksiona Pinus banksiona Pinus bonksiano Pinus resinoso Notes offsite offsite offsite offslte offsite Total Conifer Common Remove Remove Remove heavy psucker damage along trunk heavy sapsucker damage along trunk 8 8 8 12 10 8 8 9 10 9 9 10 8 8 10 9 heavy sapsucker damage along trunk Jack Pine Jack Pine Red Pine Red Pine I Red Pine Red Pine Red Pine Pinus banksiana Pinus banksiona Pinus resinoso Pinus resinosa Pinus resinosa Pinus resinosa Pinus resinosa 8 8 8 8 8 9 9 8 8 10 10 8 8 8 9 8 8 8 8 10 8 9 8 8 8 8 8 10 8 8 8 8 8 9 0 8 8 10 9 9 10 8 8 10 9 8 12 # Tree Tag t Sze (D H " Common Name Scientific Name 57 1757 8 Red Pine Pinus resinosa 58 I 1758 13 Scotch Pine Pinus sylvestris 59 I 1759 8/6 Red Pine Pinus resinosa 60 1760 10 Red Pine Pinus resinosa 61 1761 10 Jack Pine Pinus bonksiana 62 1762 8 Jack Pine Pinus banksiono 63 1763 10 Red Pine Pinus resinosa 1764 8 Scotch Pine Pinus sylvestris 65 1765 8 Jack Pine Pinus banksiana 66 1766 8 Jack Pine Pinus banksiana 67 1767 9 Red Pine Pinus resinosa 68 1768 8 Jack Pine Pinus bonksiona 69 1769 9 Jack Pine Pinus banksiono 70 1770 9 Jack Pine Pinus banksiano 71 1771 I 10 Scotch Pine Pinus sylvestris 72 1772 8 Red Pine Pinus resinoso 73 1773 I 9 Red Pine Pinus resinosa 74 1774 8 Red Pine Pinus resinosa 75 1775 8 Red Pine Pinus resinosa 76 1776 8/6/6 Red Pine Pinus resinosa 77 1777 8 Red Pine Pinus resinoso 78 1778 8 Red Pine Pinus resinosa 79 1779 8 Red Pine Pinus resinosa 80 1780 8 Red Pine Pinus resinosa 81 1781 9 (Red Pine Pinus resinosa 82 1782 9 IRed Pine Pinus resinoso 83 1783 8 Red Pine Pinus resinosa 84 1784 9 Red Pine Pinus resinosa 85 1785 8/7 Red Pine Pinus resinosa 86 1786 12 5cotch Pine Pinus sylvestris 87 1787 9 Red Pine JJsresInosa 88 1788 J 8 Red Pine Pinusresinosq 89 1789 I 8 IRed Pine Pinus resinosa 90 1790 I 9 IRed Pine Pinus resinoso 91 1791 I 8 Red Pine Pinus resinosa 92 1792 I 8 Red Pine Pinus resinosa 93 1793 I 8 Red Pine Pinus resinosa 94 1794 I 8 Red Pine Pinus resinoso 95 1795 9 Jack Pine Pinus banksiono 96 1796 9/8 5cotch Pine Pinus sylvestris 97 1797 8 Scotch Pine Pinus sylvestris 98 1798 12 Cottonwood Populus deltoides 99 1799 8 !Red Pine Pinus resinosa 100 1800 8 Red Pine Pinus resinoso 201 1801 9 IRed Pine Pinus resinosa 102 1802 I 9 Red Pine Pinus resinosa 103 1803 I 8/7 Red Pine Pinus resinosa 104 1804 / 9 Red Pine Pinus resinosa 0 1 0 9/7 Red Pine Pinus resinosa 106 180612 Siberian Elm U/mus pumila 107 1807 1 13 Box Elder Acer negundo 108 1808 8 Red Pine Pinus resinosa 109 1809 9 Red Pine Pinus resinoso 110 1810 3 8 Red Pine Pinus resinosa 111 1811 9 Red Pine Pinusresinosa 1Notes heavyhavy sapsucker damage along trunk 'toppled but alive I 112 1812 J 8 Red Pine Pinus resinosa Total Conifer Remove Remove 8 8 L 4 10 10 8 10 8 8 8 9 8 9 9 10 8 9 8 8 20 9 8 8 9 8 8 8 8 9 17 8 12 8 8 9 9 15 9 16 12 13 8 9 8 4 10 10 8 10 8 8 8 9 8 9 9 10 8 9 8 8 20 8 8 8 8 9 8 9 15 8 8 9 9 15 9 16 8 9 8 9 a Common Remove 12 13 113 114 115 116 7 119 120 121 122 Tree Tag # 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 136 137 138 141 142 143 144 145 146 147 153 154 155 156 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 Size (DBH ") Common Name Scientific Name 8 Red Pine Pinus resinoso 8 Red Pine Pinus resinosa 8 Red Pine Pinus resinoso 8 Red Pine Pinus resinoso 9 Red Pine Pinus resinoso 15 Siberian Elm U/mus pumilo 20 Siberian Elm Ufmus pumilo 12 Siberian Elm Ulmus pumila 14 Siberian EIm Ulmus pumila 12 Siberian Elm Litmus pumilo 13 Siberian Elm Ulmus pumilo 8 8 Red Pine Pinus resinoso Red Pine Red Pine Pinus resinoso 8 Pinus resinosa 8/8 Red Pine Pinus resinosa 8/6 Red Pine Pinus resinoso 8 Red Pine Pinus resinoso 9 Jack Pine Pinus banksiana 8 Red Pine Pinus resinosa 9 Red Pine Pinus resinoso 10 !Red Pine Pinus resinoso Notes 8 'Scotch Pine Pinus sylvestris 9 'fed Pine Pinus resinosa 8 'Red Pine Pinus resinoso 8 'Scotch Pine Pinus sylvestris 8/8/8 'Scotch Pine 'Pious sylvestris 8/8 'Red Pine IPinus resinoso 9/9 'Scotch Pine IPinus sylvestris 8 'Red Pine 1Pinus resinosa 8 IRed Pine Pinus resinosa 9 Scotch Pine Pinus sylvestris 8 Red Pine [ysresi 9/8 Red Pine Pinus 9 'Red Pine Pinus resinosa 8 Red Pine Pinus resinosa 8 Red Pine Pinus resinoso 14 Siberian EIm , Ulmus pumila 8/6 Red Pine Pinus resinoso 8/6 'Red Pine IPinus resinosa 9 'Jack Pine Pinus bankslano 8 'Red Pine Pinus resinosa 8 'Scotch Pine Pinus sylvestris 8 (White Spruce Picea alba 8 'White Spruce Picea alba Trees that are toppled or have heavy sapsucker damage are not included In totals Totals: Total Conifer Common Remove Remove Remove 8 8 8 8 8 9 15 20 12 14 8 8 8 9 8 8 8 8 16 16 14 14 8 18 9 9 8 8 9 9 10 10 8 8 9 8 8 8 8 24 24 16 16 18 18 8 8 9 9 17 17 9 9 8 a 8 14 14 14 14 14 9 9 Total Inches: Allowable removal: 30% 'Total Removal: Removal over threshold: Mitigation for conifers: 50% 486" required mitigation 8 8 8 8 8 8 8 18 1263 1387 416.1 1387 970.9 485.45 15 20 12 14 14 �����/����J��UK� .~.�.".~�.^r�.°`�^^'"' Date: June l7,ZOlS ENGINEERING, inc. CamGehpsn P.E. Jack Griffin, p.s. Ryan 8tompskiP.E Chad Isakson, P.E. 651.300.4281 651.300.4264 651.300.4207 651300.4283 To: Kyle K|att,Planning Director Re: DiedhchPnzperty-PreUminaryPianRaview Fno/n� Jack Griffin, PE,City Engineer An engineering review has been completed for the Preliminary Plat submittal for the Diedrich Property. The submittal consisted of the following documentation prepared by Pioneer Engineering: « Diedrich Property Preliminary Plan Set, Sheets 1,14,Lland T1,dated June 17,2O15, ° StormvvaterManagement Plan dated June 3,ZOl5. STATUS/FINDINGS: Engineering has prepared the following review comments: - PRELIMINARY PLAT ~ QodotA is proposed as City owned to accommodate the storm water pond with an HOA owned and operated water re -use irrigation system. See comments below under Stormwater Management. • Oudnt Q is proposed as HOAowned to accommodate "Private Street". See comments below under residential streets. � The applicant must submit tothe City written correspondence from the County indicating that adequate [SAH 17 R/VV is being dedicated as port of this Plat. If additional R/VV is required by the County the Plat must be revised and resubmitted. * The plat must be revised to include the Xcel Energy Transmission Easement along the north property line. ° Permanent grading and drainage easements are required to implement the improvements as proposed. These easements must be obtained prior to grading activities and prior to the City accepting an application for final plat, All public improvements constructed to support the development must be designed and constructed in accordance with the City Engineering Design Standards Manual available on the Citv website and dated February 2015.. GRADING PLAN, ST0RMWATERMANAGEMENT AND STORM SEWER SYSTEM ° The site plan bsubject to a storm water management plan meeting State, V8VVD and City rules and regulations. Storm water facilities proposed as part of the she plan to meet State and VBVVD permitting requirements must be constructed in accordance with the City Engineering Design Standards Manual available on the City website. A finalized storm water management plan must be approved by the City and the V8VVDpermit must beobtained prior tograding activities. � The 5tormwaterManagement Plan incorporates storm water re -use through lawn irrigation. The re -use system is necessary for the applicant's plan to meet State and Watershed permit requirements for water quality treatment (volume control). OudotA is proposed as City owned toaccommodate the storm water PAGE 1 of 4 pond. The water re -use irrigation system is proposed to be HOA operated and maintained on City property. Details of this plan are limited in the application, The following considerations should be noted. � Stonnwaterne'use,when implemented correctly can be an effective method to reduce reliance of potable water use while reducing storm water discharges. it would help to ,educe peak demands on the potable water system that typically occurs during the summer irrigation and landscape watering season. These benefits make storm water re -use worth consideration. However, the City has no design standards or guidelines for implementation and currently has no experience with storm water reuse operations. � The two most notable concerns for storm water reuse includes the pollutants in the storm water (addressing treatment needs) and designing a system that provides a properly balanced hydraulic system (sizing the storage, and balancing the drawdown to the projected use in a variable climate). � Pollutants in the storm water reuse system may be a concern for three basic reasons: 1) the health risks associated with human contact; 2) the impact oothe environment given the various uses (i.e. bacteria or chlorides from salts); 3) issues for the system equipment and operational impacts. �~ P/eUminarvNat should beconditioned uoonthe foUow)nA: • The developer most oi8o an operation and maintenance agreement for the storm water reuse system in aforrn acceptable tuthe City Attorney. The agreement must indemnify and hold harmless the City from any and all activities related to the developer and HOA's operation of this system. • The storm water pond must be designed with a hydraulic capacity acceptable to the City Engineer that ensures adequate flood protection without accounting for any water reuse from the system. • The storm water pond must be designed and constructed in accordance with the City Engineering Design Standards. = A detailed design of the irrigation system together with a detailed operations and maintenance plan must besubmitted prior toany grading orconstruction activity onthe site. ' Per City requirements, all storm water facilities, including infiltration basins, must be placed in 0udotv deeded to the City for maintenance purposes. The Stn/mwater Fad|ityOut|otS must fully incorporate the l0UiearHVVL,1Ufoot maintenance bench and all maintenance access roads. � The pond grading must be revised to add a 10-foot maintenance bench around the entire pond, per the standard pond detail, �~ The maintenance access road must be revised toaccess the pond from 5*Stre*t North' not{3AH 17. ' Overland emergency overflows or outlets will be required as part of the site plan and must be located within drainage easements, must be in Bold Type on the plans, and must provide l foot of vertical separation to the low opening of any building structure. Lot information details must include the lowest opening in addition tothe lowest floor elevation. * The ultimate discharge 'ate and location is an important consideration to avoid negative impacts to downstream properties. The storm water management plan indicates the pond outfall pipe to discharge to the northerly property. The plan as proposed cannot be implemented without permanent drainage and utility easements from the adjacent property. Permission should be provided tothe City prior to accepting a final plat application orallowing grading activities. � Significant grading is proposed along the northerly property to accommodate many of the proposed building pads. Without written permission to permanently alter grades an the adjacent property, the site would require a redesign. Property owner permission or easements should be provided to the City prior to accepting afinal plat application orallowing grading activities. n The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3.0 feet. � Per City requirements all storm sewer pipe easements must be a minimum 30-feet in width. � The maximum allowable Curb run along streets without catch basins is 350feet. Catch basins should be added along Street B, easterly cu|'de'sacto maintain maximum curb run ef3SDft� ° Sump manholes are required prior to all discharge points, located at the last manhole or catch basin prior toleaving apaved area. All sump manholes must he4-footdeep. PAGE 2 of 4 MUNICIPAL SANITARY SEWER ° Municipal sanitary sewer service is readily available within the Slh Street R/W located adjacent to the plat. ° The applicant is responsible to extend the munidpa| sanitary sewer Uo the development to serve the proposed properties. ° No trunk sewer oversizing is anticipated. The area can be served without a lift station. ° Sanitary sewer must be realigned to better maintain street centerline alignment. w The sanitary sewer is proposed to be placed whhinOu|ct B\o be HOA owned and maintained as o private street. The Oudot width must be a minimum of4Ofeet with a 5 foot drainage and utility easement along each side of the streetfor the corridorto be acceptable for the placement of publicly owned and maintained MUNICIPAL WATER SUPPLY * Municipal water service is readily available within the 51" Street K/VV located adjacent to the plat. ° The applicant is responsible to extend municipal water into the development to serve the proposed properties, w Two connection points tothe existing City system should berequired. • Notrunk vvatermainoveobingisanticipated for this development, * Additional hydrants and system valves will berequired aspart of the final design. ° VVatunnain must be realigned to maintain 10-fnnt separation from the sanitary sewer once the sanitary sewer isrealigned aopreviously noted. * Them/atermain is proposed to be placed within Ou|ot 8to be HOA owned and maintained as a private street The Out|ot width most be a minimum of4U feet with a S hoot drainage and utility easement along each side ofthe street forthe corriclorto be acceptable forthe placement of publicly owned and maintained TRANSPORTATION IMPROVEMENTS o Access tothe development must be from S*Street as shown, directly across from the Hunters Crossing access roadway. * The applicant will be responsible to constructthe north half of 5" Street from CSAH 17 to the east plat edge mfthe Hunters Crossing development. This improvement must becompleted adthe developer's cost, * The plat must dedicate the existing 5'� Street roadway easement as City R/VV. The plan indicates the minimum 100 foot R/W as required. A ten (10) foot utility easement must be provided along the north side of the 5`^Street R/VV. � The proposed 21aoecoUecto, parkway street (5thStreat) design and geometrics must meet all Municipal State Aid design standards for urban streets (8820,9936) for ADT > 10,000; 40 mph design speed; and must beconsistent with the detailed parkway cross section installed throughout the remaining corridor segments and as outlined in theSth Street Collector Design Guidelines as prepared byCity staff. p Right and left turn lanes must be incorporated along Sth Street North per the City design standards to maintain mobility along the Parkway since there is only one travel lane in each direction. * Additional streetscape amenities are required along 5th Street consistent with the remaining corridor segments. 5th Street Amenities include a north side off -road bituminous trail, nn|ninouno lOfoot width with 5 foot clear zone; a south side concrete sidewalk, minimum 6 foot width with 2 foot clear zone; landscaping elements including acenter landscape median; and street lighting. � The applicant will also be partially responsible for the improvements required by Washington County at the intersection ofS*Street and [SAH 17. RESIDENTIAL STREETS ° Street A must include a 50 foot tangent per City standards at the intersection with 5th Street before initiating the proposed horizontal curve. ~ Street 8, east cui'de'sacQeome,hcs must be revised to eliminate turns greater than 90-deX,ces. PAGE 3 of 4 w It is pref era bleth at Public Streets be constructed to serve this d eve lopment and designed to meet the City's Engineering Design Standards including R/Wwidth, street width and cul-de-sac radii * If the streets remain HOA Privately owned, the following recommendations apply: � The street/boulevard section must be widened to allow for adequate ownership and maintenance by the City for the public utilities (watermain, sanitary sewer and storm sewer). � The street OuVct should be a minimum width of 40 feet (14 feet pavement + 6 foot boulevard) with 5- footminimumvdUtyeasementoneachside. This will enable any future construction activity tnremain 1009& within the Street 0ut|o< plus the utility easement. No additional encroachment on the properties/sidevva|ksshou|d be necessary during future construction. � The typical section should beupdated tn include storm sewer and should show the small utilities, demonstrating the 3'foot separation between gas and joint trench. m Street A vertical alignment should be revised to provide a K = 37 minimum at STA 0+71.00, PAGE4of4 Public Works Department Donald J.Theisen, RE. Director Wayne H. Sandberg, RE, Deputy Director/County Engineer W1arch3. 2015 KveKhatt Community Development Director City ofLake Elmo 3000 Laverne Avenue North Lake Elmo, &1N55042 RE: Washington County comments omthe concept plan for the Diedrich property bv Lennar Homes, City of Lake Elmo Dear Mr. Klatt- Thankyou for providing the county with the concept plan for the Lanngrsubdivision onthe Diedrich property, inSection 38.Townohip2SN.Range 21VValong Coun'�Road /CR\17B/Loke BmmnAvenue inthe City rfLake Bnnu,The p jedconaiotsof5Om�mchedeinR|e family residential neoiden<ia}dvva|Un0 units on 12 acres ofland. we on plan provided, � have the following There iscurrently 5Ofeet ofhght-nf-woyfrom the center line ofCounty Road ({�R\ 17Btherefore, onadd�� ona|42etahou|dbededioabadun(heo�/� iuhnh�u|d� include the existing home site south of5*Street. According to the Trip Generation Manual, 7"' Addition /�2003, this development will generate 478 Average Vehicle Trips (AVT) per day, |nthe future, there will be etraffic signal at the intersection of CR 17Band 5* Street and since 5mStreet will beo collector roadway, a center left turn lane should be providedon5" Street for access Umthe development, Access control must be dedicated to Washington County along the CSAH 17/Lake Elmo Avenue frontage. This should bedenoted on the final plat, Improvements to County Road (CR) 17Bwill be completed at the new 5m Sheet section. Washington County is working with the City of Lake Elmo on the planned improvements, The cost of these improvements will be the responsibility ofthe city. The developer or the city must submit the drainage report and calculations to our office for review ofany downstream impacts to the county drainage system, Along with the drainage co|nu|ahonS, we will request written conclusions that the v0|unna and rate mynbor,nwater run-off into the county right -of way will not increase as part of the project. 11G6OMyomnRoad North, Stillwater, Minnesota S5O82-9573 Phnne� 851~430'4300 ` Fax: 651430-4350 ` TTY: 651430-8240 w^ww.co.waohio0(nnmnux Equal Employment Opportunity / Affirmative Action March 3, 2015 Diedrich Property Concept Plan All stormwater ponds should be located outside the county right-of-way. Washington County's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Minnesota Statute 116.07, Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds. County policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The developer should assess the noise situation and take any action outside of County right of way deemed necessary to minimize the impact of any highway noise. Any grading within County right of way will require a Washington County Right of Way Permit. All utility connections for the development require Washington County Right of Way permits. Typically, these are the responsibility of the utility companies. Thank you for the opportunity to comment on this concept plan If you have any questions, please contact me at 651-430-4362 or prin.punc-tervvedo5co.washington.mn.us Regards, Ann Pung-Terwedo Senior Planner Cc: Carol Hanson, Office Specialist R/Plat Reviews/City of lake Elmo/Diedrich property r-LT - 'V. PINEERengneering „ 44.4;4t 17 1 1 I T-1 I i-1-1 Fail 171 Fri 171 1-1-1 Fri Fri 171 2117 ' — 1 moanix scALE Fal' 30 SITE DATA PROJECT AREA: ±12 ACRES (EXCLUDING 5TH STREET AND 17 R(jW) GUIDE PLAN: URBAN MEDIUM DENSITY ( 7 UNITS/ACRE HET) BULK STANDARDS REAR SETBACK: 25' FRONT SETBACK: 25' SIDE SETBACK: 15 BETWEEN BUILDINGS, 15SIDE CORNER SETBACK ALONG 5TH STREFE 50' PROPOSED UNITS: 46 SITE PLAN 4 1 1 DIEDRICH PROPERTY „ RIM- Eli PIZNEER neering A) - 4 ',(4 • 0 • I 11Th'-'9'' I 4141/ 1_ I 1'1,,,,171:7117 ST4•E, 011 %Mt UII C$1011.1t ti.,1,41; ,EVIT r-y -1.kL1.,. I, PP-1'. 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Afts X114,14,0,-s -11 IF )I LAKE ELMO 1-1 DATE: REGULAR ITEM # Ajf AGENDA ITEM: Verizon Wireless Request to Enter Into Lease Agreements SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Garret Lysiak, OWL Engineering and Test Labs Nick Johnson, City Planner July 7, 2015 SUGGESTED ORDER OF BUSINESS: Introduction of Itein.....................................ConununityDevelopment Director Report 'Presentation..............................Community Development Director Questions from Council to Staff ..... ....... ............ Mayor Facilitates Call for Motion .. ...... .... ............ Mayor & City Council Discussion ...... ...................„..... ..... Mayor & City Council Action on Motion ...... ......... ................................................. Mayor Facilitates 16 POLICY RECCOMENDER: Staff is recommending that the City Council authorize Staff to negotiate potential lease agreements with Vcrizon Wireless to locate a new wireless communications antenna on the Ideal Avenue water tower and to build a new stand-alone telecommunications tower on the Langley Court water tower site. FISCAL IMPACT: TBD — The proposed lease agreements will generate revenue for the City; the water tower lease is expected to generate between $20,000 to $30,000 per year. With a stand-alone tower location, the City could either lease the land to a tower company or take ownership of the tower and lease space for multiple antennae on the tower. The total value of this type of lease arrangement has yet to be determined. SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request from TechScape Wireless, on behalf of Verizon Wireless Communication, to engage in lease negotiations with the City for the following: To lease space on the City's Ideal Avenue water tower to install a new telecommunications antenna array on the tower. The request also includes the ability to -- Page City Council Meeting [Regular Agenda Item IN July 7, 2015 lease space on the ground adjacent to the water tower for equipment accessory to the antenna. To lease property on the site of the Langley Court water tower site to build a new stand- alone telecommunications tower and related equipment building. Verizon would use said tower for a new antenna array. If the Council agrees to pursue the requested lease agreements, Verizon would likely begin the planning and zoning application process for each site. In this case, the antenna that would he located on the Ideal Avenue water tower could he processed administratively while the new tower on the Langley Court site would need to be reviewed as a Conditional Use Perinit. The suggested motion to take action on the Verizon request is as follows: "Move to adopt authorize Staff to negotiate lease agreements with Verizon Wireless Communications for the Ideal Avenue and Langely Court water tower sites" LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The Lake Elmo Wireless Communications Tower Ordinance, which was adopted in 2009, establishes a priority level for the consideration of new facility requests. At the top of this list is the placement of antennae on existing buildings and structures. Consistent with the ordinance, Verizon Wireless has been seeking locations for new antennae in Lake Elmo, and was directed to the City's existing water towers to confirm the suitability of these sites to provide coverage within the City. Both the Ideal Avenue and Langley Court water tower sites have been found to work for Verizon; however, the Langely Court water tower does not have any additional capacity to accommodate another wireless communications array (there are currently three providers already on this tower). Due to the lack of capacity on this site, Verizon has been looking for another location within the Village Area that can accommodate its equipment. After reviewing public sites within the Village with Staff, Verizon is asking that the City consider leasing space on the Langely Court site to build a new antenna that can accommodate its equipment and additional carriers in the future. This new communications tower would be separate from the water tower, and is proposed to be 100 feet in height (which is very close to the height of the water tower). Should the Council authorize Staff to negotiate with Verizon on the Langely Court site, Staff will be pursing an option that would give the City ownership of the tower and the ability to lease to additional carriers in the future. Under this scenario, a taller tower could be constructed on the site that could accommodate the existing carriers that are presently located on the water tower. This action would avoid a potential loss of lease revenue in the future once the water tower is removed, and would also help avoid potential future requests for new antenna or tower sites within the Village. page 2 -- City Council Meeting [Regular dgent-ht Item 16] July 7, 2015 The City has asked its wireless communications consultant, Garret Lysiak of OWL Engineering, to attend the Council meeting and to address and questions concerning Verizon's request. In addition, TechScape Wireless will have its representatives available to answer questions as well. BACKGROUND INFORMATION (SWOT): Strengths Weaknesses Opportunities Threats The proposed lease agreements will generate additional revenue for the City and utilize existing public land. By using City land, the applicant will not pursue private sites around the Ideal Avenue and Village areas. The use of public sites is consistent with the recently amended wireless communications ordinance. The Langely Court water tower site is located within a single family area. The additional antennae will help improve wireless coverage for Verizon customers in Lake Elmo If the City does not pursue leases on public property, Verizon will be seeking private sites to accommodate its facilities. RECOMMENDATION,: Based upon the above background information, it is recommended that the City Council authorize Staff to negotiate potential lease agreements with Verizon Wireless to locate a new wireless communications antenna on the Ideal Avenue water tower and to build a new stand-alone telecommunications tower on the Langley Court water tower site by taking the following action / with the following motion: "Move to adopt authorize Staff to negotiate lease agreements with Verizon Wireless Communications for the Ideal Avenue and Langely Court water tower sites" ATTACHMENTS: I. Request Letter—TechScape 6/18/15 a. Final Survey Dated 6/3/2015 b. Preliminary Construction Drawings Dated 6/8/2015 c. Lease Exhibit Dated 5/27/2015 d. Site Sketch Dated 2/10/2015 e. Verizon Lease Agreement Template 2. Request Letter — TechScape 6/18/15 a. Final Survey Dated 6/15/2015 b. Lease Exhibit Dated 6/9/2015 c. Site Sketch Dated 4/23/2015 d. Preliminary Construction Drawings Dated 6/4/2015 e. Verizon Lease Agreement Tetnplate f. Limited Waiver of Use Restriction and Consent to Lease -- page 3 -- � /��/ /�f�u �^�v ^^�� }2}Cedar Street North Chaska, MIN B318 June l8,ZOl5 Kyle K|att, Planning Director City o[Lake Elmo ]8OOLaverne Ave N Lake Elmo, mN55D4 Re: VuhznnWireless Request toLease City Property Proposed Monopole Tower Site Address: 33O3Lang|yCourt North, Lake Elmo MN Verizon Site. MIN T(CKLE Dear Mr. K|att' Please accept this letter as an official request on behalf of Vehzon Wireless to enter into a Lease Agreement with the City ofLake Elmo to install wireless antennas and associated ground equipment at the above referenced property. The City has been provided with the following documentation in order to review this request: ~ Verizmn Lease Agreement Template ~ Preliminary Construction Drawings Dated 6'18'2Ol5 ° Lease Exhibit Dated 5'27'2015 ° Site Sketch Dated 2'10'2015 ° Final Survey Dated 6'}'2Ul5 VVehave been \ncontact with City staff over the last six months, On February 2DISVe,bonperformed a she walk with City staff to determine equipment configuration and overall construction feasibility of the proposed site. Atthis time, we request inclusion on the 7 July 2015 [by Council agenda in order to obtain official approval from the City Loengage inlease negotiations. My firm, representing KG| and Vcrizun Wireless, will continue to be your point -of -contact throughout this process and we /uuk forward tuworking with the City. Very sincerely, Karyn[/8rien,President kobrien@ntechsovpewke|eo.com 952288,8130 71:[1JS(3['E/Ql?tlEJ5/5]1-0<tlUOYHE/6/LF01- K(;l/[/8EL��Y SHEET 1 OF 2 SHEETS PROPERTY DESCAtPlION' $ • c, 1,1;2 cc • , • Wew , =1, ..ta,trrn re,,,ant t., f3n, Wit w 06, SITE NAME: MINC TICKLE War..1,19,0r1C.,,,, MN SITE SURVEY LAW SPACE OF.SeRtPTION. ACCESS UTILITIES RIGHTS OF WAY OESCRIPTION: ,t1 , wc , twnw, 5.01i f. UTIUT1E RIGHT OF WAY DESCRIP110415. E0Ena, +5,, EIE En, 0, 0 wa tlwww www, c r, W I CHFSKElaPt S#RDRAWN gr mog:i,t4 WW,,WW WIDSETH SMITH NOLTING nnrvrW I ArP,teru,p I 1 EP.o,r0r,,,,wWii 0 NU- GGIonGEMuso Moon n A au ISGE yt.1 FDY :auEnu suman n UN a GNI :U t` t ia�3'Jt?::h555 SHEET 2 OF 2 SHEETS PIOE ta4Y2Y]3OG6S CNN OF LADE ELMO SITE NAME: MINC TICKLE Wasnfng'an County MN iekft k SRtfq xk....a�y J,1E: LE SITE SURVEY LEGEND ELEC 1 L'0 SIDLE GAS VALVE WAtER VALVE MSORM, GUYANCHOR SIGN ELEC NERD EIEC METER T EL° PEDESTAL '.IHEINTELE NarMEDDLE O EE DECIDUOUS TREE. 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TONER FOUNDATION. sHami FOUNOTODN AMD THE ACCESS DRIVE TO BE EXCAVATED AND CONSTRUCTED IN ACCORDANCE HRH 414014140020114101115 AND SPEC rfAT1015 OF THE DEOTEC HAMA& REPORT VAACN 5 NOT PICLUDFO IN 1I15 RAMC& DISCREPANCE5 BETIIEEN REMO AND THE anim OXCINI12415 TO BE INNEDATETY RONHITED 10 MOEN 40IREIX25 ANT THE ANCICICT, CONTRACTOR TO MK TIP Of PRC"SED ANTENNAS 00 hOT DICED TOWER WANK ROD HEW. (3) PROPOSED AMMONS (I PER SECTOR) SEE Ar-3 CENTERLINE won sir lams' / 00401124 PREP= R1515 051RIEUNIN NIECES FUTURE PROMOS 0 WEST ELEVATION sc.=,LE: awe scxt 04, DESIGN - FUN Lix - 571('406L4Y1..,,,01 VERIZON WIRELESS 7.11 BU. 111,01.1B,1,,,, 401,4, PROJECT 20141122104 .01.1 CV, gal,21, MINC TICKLE 2002 TANGLY COTH411 14 LAKP ELEA°, MN 55042 SHEETmx .0', ONTENTS CONTACTS NOLTE SuLTNIxo, s,,, DELPERTMEOTAL ARPECTEALS LLEGOR APHROVEL PROTECT INF001005 NON AREA & VICINITY MAPS HOLES OwLE-LIXLON THE 000 047:: 05.27.-1E fffEOPEIP T-1 t.‘ MTN: ClUILDING tX511,t& 110100 10110 ,--Ex011,41; KOK 010111 OF Or 10 —EXISP,C DRWEVAYS, f.X15Th',G UNDCRCROLND LINE EXISINC PR2100RT1 [ME, 1TP la -O. i- RKilff CC 101 1 ;;e7, V0,134PC,LE EXSTINC, TREES, IVP r ut NORTH 0 SITE PLAN SCALE, 01= ar-n" QUM Sc,,a rir GENERATOR TYPE: DIESEL FROST DEPTH DESIGN 4'4:7" DETAIL INDEX 320 Alt_ 1 [00100.0010211211 53IELTE Piar.F4BRICATED EQUIPME SHELTER 2., , 4 1 CABLE f3PIDGE ELEVA1103, 5.1 00011000TI0N 6.1 GATE" DETAIL 101 CPS 1-3,OUNT,,,,G DEM, 3EXCO ENTRY Of: AIL 5 rA,3,33, rAl, 110: 105,3E-L INE ELEC.TRICAL nisFa 0 SITE PHOTO SCALE: LOOKING SOUTHAT SITE 0 SITE PHOTO 010411010001011001401004 AT 02110 B12001111201011. FENCE SECTION CABLE 11 fIttGE SECTION fill 13, I den .110: IN (Are, WO.. DESIGN VOLCIII�1WIIO. 31,33, cr3.33,ic 11140004 VERIZON WIRELESS Nry le, PROJECT 20141122104 MINC TICKLE 3203 LANC,LY COURT N AKE F MO, MN 55042 ; SHEET CONTENTS: r=t341 33ITE Pra3Tc3, r al,,,,r3 By" COB EA . CHECKED r vi A011-11 RC, REV C 20-10-11, A-1 01511M1'G UNDERCROUNt) t111unES 2 OENLARGED SITE PLAN SC Ai.E' t:y' =. 1' O' LESSEE WO SPACE ICE PROPOSED TREES ROT SWAN FOR CURRY, SEE A-21 GP —EXISIING WONG DESIGN v_.«rr,fn.=4G. mp vet,/ r, 91Gnit^.CUM VERIZON WIRELESS PROJECT 2074112210-1 o.co«N MINC TICKLE 3303 LANGLY COURT N LAKE ELMO, MN 55042 SHEET CONTENTS: E PL fO CD !AM' Pi All A-2 2'. 6trtu-1E 0 0 • — — ...... 0 LANDSCAPING PLAN scALk V-P" N311: RAGA NUS SPRUCE TREE - CROOK UNE 10 BE -NE SWE IS DOMED AT ISE DURSICRY. 3 GO, OE ID CAME TAMED WIRE IN DECREES WM" AROUND 17221 TONEUCKLE 242'C' START D WITH FINISNED GRAD LIICISOPE PIT N NMIE BOTANICAL NAMEI INJURE SIZE I PICEA CLAUD% 'DENSATA' 21 2CY-25' W: 10-12 0 TREE DETAIL (MAC CAE SCALE: ,PV P P-0" NORTH 2 1/2" DM-11 LONG MN. SIMI 20152NE3) MD (752P03E0) - 2 8011.AP PROW TOP Or DAIL • WICK RI/ MTh TOP 504 ATCO PEAT EMS 33 RATIO BY NXIME22 r LAMS. WATER BCD 11313i UM. SETILED, ETAXEN VOW k OEAST ELEVATION SCALE: 'OS" - Y. DESIGN t Vfttr,.222 Pry VERIZON WIRELESS Me, a 10, r.43, PROJECT 20141122104 Cr_, COSC 72211122 MINC TICKLE 3301 LANGLY COURT 1.1 LAKE ELMO. MN 5SUAk SHEET CONTENTS: tAND$LHH:L PLAN lAar.,SCAPNG 22222 (PST PPTAIP U2CM01114 . ORAW'j BY 0221C (4,,,-122 Hircv,a) 6,H" CAPi RE,, A 04-24-77, REV_ B 0-27.15 V. C A-2.1 0 0 uJ CL 4, z' >- Z Z o uJ z Z >- UJ lc. x 5 < 0 1 z 117 z ZLlJ ." Z Z z Z D D 0 '6'6; gRt 2.222 OnLku&Zo '2,g2:POAX "P2ORR:ig4 LIXfig=4QZ-2:231H881t W02,,NI5Pi2AA?:4:49iAq?-.1, UH 2 ai. iv, ft al,z4 5. GENERAL GROUNDING NOTES: g = wtdsh8e.z,P,t.8030 et@eeeciaeeee,®0000a0 kt: viz 1g' e5.,2A z Lu 0 2 cal-4 01 22 q 5' w 5 -2: 2 07 x, 0 0 0 2) ecz a9 0 _J :TC LLJ 0 0 -J w 19 0 W? (:) NOTE,: CONTRACTOR SHALL ENSURE THAT EACH WHIP IS ROUTED TO LEAD 1 BY THE SHORTEST PATH, AND BENDS SHALL NOT BE LESS THAN 12. RADIUS ao /INCED 0. GROUNDING PLAN SCALE NONE ORTH LEAD 1, RNC 12 WIC tAIY,NLLED MEL GROUND ROO, 5/813 VAUD 10' WWI OR PER KM. CANELO (PPE Cr) (7,7\ GROUND ROD DETAIL DIO 02 581C LOOP 0.10 PVC PIK EXIINONC CORN ,0 LOD 11 CROLND ROO TEST WELL DETAIL UWE KrE: 'HICK `LOW L4,05 08 OPPOSM CPRNMS Of SHELlER FON MEL RENA 1/2 Sirlt UROC_R ri.,E (8LL FOR8 RD RAG -11,1_1"Eg (7, REBAR GROUNDING 5CALE:1,a-, 04 DESIGN L NPV,LN PPP N NNW:. LP: PoN. AP=P, GCNON,PPLN, VERIZON WIRELESS Ti5.3.1 PROJECT 20141122,04 CC coriiz), MING TICKLE 022 LANGLY COURT N (AKE ELMO. MN 55042 SHEET CONTENTS, GP...11.11100e00 PLAN GROUNDg-dr-, ORAvytiOY 0045 CCM 7 0 PEP A = REAL C G-2 EXISTING - BuILONC \ PRISING Pueue 0200 Of WAY r t 0 510 L.F., MSTINN OPERREAD (REM tiNCS 0 SITE UTILITY PLAN GRAMS STAE 02210. 21. 505-21 mtRIRONC OWL UNE - NORTH (2151ING — CAS UNE DP_WININ (NEWMAN MONK 1101 LALTPIN PM( NNW( OP VON 0 FIBER HAND HOLE/PULL BOX DETAIL SCALE: nar = r-0" EXPANE. WRIER (RP INIPM; PIROPPORNOND--2---- TELCO LINE EXLSING ORRPHLAN iww(ONN ±-,urnIr utitS. TRP WNLW NOROULLI I 0 PRCPOSED INIERGROMP—, REER MOT FROB RANO HOLE/PuU. BA 19 102(.1PITIEW 9411131, APPROX 15 Lf. PROPOSED 24" X Sr X FEED PW4)/11CIE MAL EGX„ 01 WITER., TO BE PROMO. BY GC ENLARGED SITE UTILITY PLAN SCALE: ,"22-21 METING 00E00 9111 PAW 90,LE 10*--0 POO OF WAY DRUM POWER MC WM (2) MNSFORPERS 11 24' PEER LIZATE0 A BUC KCIff 11 NORTH , 5 • 961100 BUILDING DESIGNIk VERIZON WIRELESS NIENTSTRE. TuN /NT 0....0E PROJECT WieN122ion LEK. Cr.0E x 140 MINC TICKLE 3301 LANGLY COURT N LAKE ELMO. MN 55042 SHEET CONTENTS. - SITE. UT-MTN PLAIT IGNA014 CTI0 DATE_ 00.2:T1S cf-,E,K,Eu BY_ ERE _ 1129,2 01.2005 REV. 0 96-01,10 011011 29,1110 U-1 SHEET 1 OF 2 SHEETS PROPMMYOFSCRIPTION tyyr 0F. truy :nowt, t 33 '330 33.03, 03 00003, . SCMEMIL£ MS" EXHIVITS: 3300 00 303V 00.000 4 F.', MA.FF Fnowy I-0 3003 .0330, 103 30.13. SITE SURVEY LAMM SPACE CMSCROMOM. 1.3333.0. 10,003 0,10 tt t- Myin oww, w woo, 0: 0.30,0 .33 ACCESS A “IlLIFIES RIGHTS OF WAY DESCRIMMOM 3 3 !,03133,3 4300.00.0. 0353.3 ..0.1 3,3 nr 10. {00. nannto 'FYI, Fon '. IMF F, tt, •tt, . Yowy Wywn,n, o,„ Fot woyo, now, Yo, 00 inO, .bei 123.300300 .0.03 .1 M., 3 3 .1 3 .033 .01.0.1.3 430513 no, IF4 Fage ?FY A yo MIr L04 yAF SITE NAME' MINC TICKLE YMFOungtoOFFunIM MM ,teLD MFIRK 0204 $ CHE<9Av Ago 14110 FY,o0onF le so. onnoyo won y y ny, YoFy InsmF Foy, , 0..00 aktst .ttitt tr, n tr,t, ttut, ,tt't o oyo41wewAy FY, wcow 14,1,y Yoyol Yti !wt, 04 yo ewo YO. ./.1 't t.ett 0.0 3 .3.00 333 oa /1,0 :AA 0 Ow Owyn wns 3.31 .3.i^013.3 IITILMIEF RIGHT OF WAY CIESCPIIMMONS. w,Am39,34ol FA Itt. tr. oylow, 0 7 52 ttte., E nyoy , ',wow My. 03.00, 0.313, , 0.01000 3,3 0.00. '30 .00.0 anwnw o OY, EEE1.11E, ktortI utt DV 1443011/9 Ow, AW. ttlE ItglEtt t It. Ititult,ttir,,Trit 61,904.111181.0 IDSETH SMITH NOLTING EoI/,r,, S11,.,,e, I EymmoneoF1 '.13TEr w 449 9224- mfrr- 44 rem rrarEr HO- \\- RA, NEED.] Mcmprr 1,4 , NrMR'NEMME . rRE-E.M.E SHEET 2 OF 2 SHEETS _ \ \ \nj 'HEX HERO* \ SITE SURVEY r"T'r TrZ *AR vALVE ELEC. NGRE' RRERR rEr. E- (MR MICROR rIROMENT MGM 4- ELEC POLE ELEC MOIR L. Tare. REOaSTAL FISERMELE HANDNOLR TREE DECICERCEUR TREE CONIFEROUS 52444442 °''''r .ZrER GATE aoST GUARD Rom ***KM '''''. POLE AC REM Er a r GRID \ ...R.,,, ,,,,,,,,, ,....4,." MAGNEtiC NORTH 024 ' MTV, \ '4'.,, r, m- irTRI:1::, J."4'2R17r,:' \ ' I , \ / ..."6-*-0_, SIEJEEr E. mroc 'mrear, 1 , -", ''.-,)," -4 cr,',E:;',..':i':-=', .. -- -- t t plo''-',...\\, , . --,'?, rri. r.' rf,- i r" ffr?" 1r - -- - ''''! !: iEr: 2 347.....- 24 "Mk mom Nos, mrErre, NOR ...„90(0(7441. WEE JrE MVEJ rECI.EJE Err . 1 RO- trity,,,mmER2 ! VERN. A mr.rurrAm r ;JEJEEM I I tr Ej jj j J , Pr P j 'r" J244EJEJEla91 . rrjp t ROMAN R ,JERE„ •JEEEJEE SITE NAME: MINC TICKLE Vmmorngtor, Cu.,/ MN LEGEND 947 trimi *ECHO* LINE QUARTER ONE lik5111 meM ROUNDARy LINE RAMMER:, r47424 CULVERT UNDEPGROIIMI TMER HRORROROMHT OVERREAM rEeES UNDERGROONUSTZ Lr*HEROHOUNDTRTir WATERMAN EZT* OF THRIMM,T, Cir,A314LIN* CENTERLINE RARRormr rAIRFatE RUKOING WALL HATCH GR.Mt trZtIRFAce rur •RJRVEMOR 440209 I "--"E00' VICINITY MAP mNENNorm INEEm 'MEN rrNMEEI.M arm, r rEE NrmmErr. NEE 'm EfEr. JJEJ, LAKE tEr PE Jr, Er- JJJEJ, E, 2>2 ELM( , I CHECKED ay 5414. 43744421402 r MHZ MK EXISTING ' TOWER SITE 32TH STREET N . - r - '.13,-10' , , -- , DETAIL • .A--, ..0 LAND ;„ 2 ,-.• -E.-,f - ' -4 :-: 6 r'l % \'‘. Fla. rrrVESE.E,Mg , 1 .j jrJ SPACE j j, ji j 1 ern MR LAHR ELM. , , „ TrMr, *HrrE us.* • *Z.* RC * rrT , 20 ErJE • fr.1 r , , r"-"Mr **RR, r*, um.r, WEE:FEE. EIECE Er, LE,E, Jr.Erri, Elm:FEE:E.-. 1 4"'Pr. Eto, CPP Ejr.lrE.Pr. 'Mr „ WIDSETH SMITH NOLTING Erm,rnetrrrm 1 Archavmum Sur rem,* 1 Emomr*H-mor SITE NAME: SITE NUMBER: ATTY/DATE LAND LEASE AGREEMENT This Agreement, made this with its principal offices located at LESSOR and clay of , 20 between , hereinafter designated d/b/a. Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at [ADDRESS] [MUNICIPALITY] [COUNTY] [STATE' . and being described as a ' by ' parcel containing square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or along a ( ') foot wide right-of-way extending from the nearest public ri ght-of-way, ,to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land Space, said Land Space and Rights of Way (hereinafter collectively refeiTed to as the "Premises") being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the Tax Map of the City of as Block , Lot and is further described in Deed Book at Page as recorded in the Office of In the event any public utility is unable to use the Rights of Way. the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the LESSEE, 2. SURVEY, LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. TERM; RENTAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Dollars (S ) to be paid in equal monthly installments on the first day of the month, in advance, to or to such other person, fin-n or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. The Agreement shall commence based upon the date LESSEE corrunences installation of the equipment on the Premises. In the event the date of commencing installation of equipment is determinative and such date falls between the Is' and 15E1' of the month, the Agreement shall commence on the ls' of that month and if such date falls between the 16''' and 31 of the month, then the Agreement shall commence on the lst day of the following month (either of the foregoing or , if applicable, being the "Commencement Date"), LESSOR and LESSEE agree that they shall acknowledge in writing, the Commencement Date in the event the Commencement Date is based upon the date LESSEE commences installation of the equipment on the Premises. In the event the Commencement Date is the fixed date set forth above, there shall be no written acknowledgement required. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after the Commencement Date or after a written acknowledgement confirming the Commencement Date, if such an acknowledgement is required. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and no written acknowledgement confirming the Commencement Date is required, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 1, and if the Commencement Date is January 1 and a required written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE, 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. EXTENSION RENTALS. The annual rental for the first (1st) five (5) year extension term shall be increased to Dollars ($ ); the annual rental for the second (2nd) five (5) year extension term shall be increased to Dollars ); the annual rental for the third (3rd) five (5) year extension terin shall be increased to Dollars ($ ); and the annual rental for the fourth (4th) five (5) year extension term shall be increased to Dollars ($ ). 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terrninated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year tern shall be equal to the annual rental payable with respect to the inunediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the "Term", 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment- of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Propery rvhich LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each he responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to proinptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). Al] improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas anclior conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas,conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use the Premises is obsolete or unnecessary. LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise or its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. INDEMNIFICATION. Subject to Paragraph 10 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 10. INSURANCE. a. Notwithstanding the indemnity in section 10, the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE will maintain at its own cost; i. Commercial General Liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and i500,000 for damage or destruction to property in any one occurrence ii. Commercial Auto Liability insurance on all owned, non -owned and hired automobiles ivith a minimum combined limit of not less than one million ($1,000,000) per occurrence iii. Workers Compensation insurance providing the statutory benefits and not less than one million (S1,000,000) of Employers Liability coverage. 4 LESSEE will include the LESSOR as an additional insured on the Commercial General Liability and Auto Liability policies. c. LESSOR will maintain at its own cost commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,,000 for damage or destruction to property in any one occurrence. LESSOR will include the LESSEE as an additional insured. d. In addition, LESSOR shall obtain and keep in force during the Term a policy or policies insuring against loss or damage to the Building with a commercially reasonable valuation, as the same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. 1 I . LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 9 and 29, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict- liability or otherwise. 12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods. LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR, 13. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after -installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all con-unercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause hannful interference which is measurable in 5 accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 14 shall equal to the rent applicable during the month immediately preceding such expiration or earlier termination. 16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Tenn (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instillment an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona tide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, or any conveyance to LESSOR's family members by direct conveyance or by conveyance to a trust for the benefit. of family members shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 17. RIGHTS UPON SALE, Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to 6 a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a lamer portion thereof, tbr the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreetnent to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this .Agreement, 18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein. shall peaceably and quietly have. hold and enjoy the Premises. 19. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Propeity, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 20, INTEGRATION. It is agreed and understood that this Agreement- contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity, 21. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement inay not be sold, assigned or transferred without the written consent of the 7 LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interestor control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR.. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. 23. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to he notified, may have designated to the sender by like notice): LESSOR: LESSEE: d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative. successors a.nd assigns of the Parties hereto. 25. SUBORDINATION AND NON -DISTURBANCE. Delete thefirst sentence oft/us paragraph if SNDAs for all existing encumbrances are obtained prior to Lease execution. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a 'Mortgage") by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non --Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor -in -interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Property, Lender or such successor -in -interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non-Disturbanee Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 26. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 27. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE cornrnences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligationinterferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 28. REMEDIES. Upon a default, the non -defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate the Agreement andlor pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. if LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 29. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of' any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, 11 c) forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 30. CASUALTY. In the event of damage by tire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding die foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 31 . CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such conderruiation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen ( l 5) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) temiinate this Agreement as or the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by 11 reason of such condemnation. LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 32. SUBMISSION OF AGREEMENT/PARTIAL IN The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 33. APPLICABLE LAWS. During the Tenn, LESSOR shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws-). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 34. SURVIVAL. The provisions of the Agieement relating to indemnification from one Party to the other Party shall survive any tenni iation or expiration of this .Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such terinination or expiration. 35. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be pail of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: By: 12 WITNESS WITNESS Its: Date: LESSEE: By: Its: Date: Exhibit "A" (Sketch of Premises within Property) Tech` r/rv\» . �"^�y�� 3Z3Cedar Street North Chaska, IVIN 5S318 June IQ,ZOl5 Kyle K|att, Planning Director [hY of Lake Elmo ]80OLaverne Ave N Lake Elmo, PWNSSU4 Re:Ve/izo^ Wireless Request to Lease City Property Ideal Avenue Water Tank #2 Site Address: 3445Ideal Avenue, Lake Elmo KxN VerizonSite: MIN B4LRUG Dear Mr. K|att, Please accept this letter as on uMida{ request on behalf of Verizon Wireless to enter into a Lease Agreement with the City of Lake Elmo ioinstall wireless antennas and associated ground equipment at the above referenced property, The City has been provided with the following documentation in order to review this request: ° VahzunLease Agreement Template ° Preliminary Construction Drawings Dated 6'4-2015 ° Limited Waiver of Use Restriction and Consent to Lease ° Lease Exhibit Dated 6'9'2OI6 ° Site Sketch Dated 4'J3'2O15 ° Final Survey Dated 6'l5'28l5 YVehave been |ncontact with City staff over the last six months, 0n9February 2Ol5Verizonperformed a site walk with City staff to determine equipment configuration and overall construction feasibility of the proposed site. At this time, we request inclusion on the 7 July 2815 City Council agenda in order to obtain official approval from the City toengage inlease negotiations, My firm, representing KGI and Verizon Wireless, will continue to be your point -of -contact throughout this process and we look forward to working with the City. Very sincerely, KarynO'8hen'President kobrien@Ptechscapewire|eocom 952.288.8130 H7o61,ESSJ,�]F0/8(!w8E//1/rVVK6///0Y}IkC I., �r����w0)� LAND SPACE DES[R|PT|ON� That part of the Northwest Quarter of the Southwest Quarter of Section 16, Township 29 North, Range Zl West of the Fifth Principal Meridian, Washington County, Minnesota, described as follows: Commencing at the northwest corner of said Northwest Quarter of the Southwest Quarter; thence North 89 degrees 40 minutes 49 seconds East along the North line of said Northwest Quarter ofthe Southwest Quarter, adistance of786,16feet; thence South Odegrees I9minutes 11 seconds East, a distance of 398,77 feet to the Point of Beginning of the land space to be described; thence South 6 degrees 13 minutes 36 seconds East, a distance of 36.00 feet; thence South 83 degrees 46 minutes 24 seconds West, a distance of 18.00 feet; thence North 6 degrees 13 minutes 36 seconds West, a distance of36DOfeet; thence North 83 degrees 46 minutes 24 seconds East, adistance ofI8.O0feet tothe Point ufBeginning. ACCESS AND UTILITIES RIGHTS OFWAY DESCRIPTION: A20lNfoot wide right of way for ingress, egress and utility purposes over, under and across the Southwest Quarter ofthe Northwest Quarter and the Northwest Quarter ofthe Southwest Quarter of Section 16, Township 29 North, Range 21 West of the Fifth Principal Meridian, Washington County, Minnesota, the centerline ofsaid right ofway isdescribed asfollows: Commencing atthe northwest corner ofsaid Northwest Quarter nfthe Southwest Quarter; thence North 89degrees 4Ominutes 49seconds East along the North line ofsaid Northwest Quarter of the Southwest Quarter, a distance of 786.16 feet; thence South 0 degrees 19 minutes 11 seconds East, a distance of 398.77 feet; thence South 6 degrees 13 minutes 36 seconds East, adistance u/J6.00feet; thence South 83degrees 46minutes Z4seconds West, adistance nf 28.00 feet to the Point of Beginning of the centerline to be described; thence North 6 degrees 13 minutes 36seconds West, a distance of 58,24feet to a point hereinafter referred to as Point ^A"; thence South 89 degrees 44 minutes 18 seconds West, a distance of 139.88 feet; thence South 87degrees I7minutes U2 seconds West, adistance nfl7I.51feet; thence South 77 degrees 41 minutes 08 seconds West, a distance of 151,82 feet; thence South 88 degrees 59 minutes 10 -seconds West, a distance of 69.01 feet; thence North 22 degrees 59 minutes 00 seconds West, adistance of77.O8feet; thence North O7degrees 3lminutes 31seconds West, a distance uf73.96feet; thence North 44degrees l9minutes 39seconds West, adistance of 33.14feet; thence North Odegrees Olminutes 06 seconds West, adistance of6I9-O9feet; thence North 6degrees U6minutes I4seconds East, adistance of1IQ.85feet; thence North 14 degrees 8Zminutes 57seconds East, adistance ofZ04.I3feet; thence northwesterly, adistance of 118.04 feet along a tangential curve concave to the southwest, having a radius of 65.00 feet and acentral angle of1O4degrees 02minutes 57seconds; thence North 9Odegrees O0minutes 00 seconds West, a distance of 27.09 feet to the east right of way line of Ideal Avenue North and said centerline there terminating. The sidelines of said right of way shall be shortened or lengthened to terminate at said east right of way line ofIdeal Avenue North. TOGETHER WITH A 20.00 foot wide right of way for ingress, egress and utility purposes over, under and across said Northwest Quarter ofthe Southwest Quarter, the centerline cfsaid right ofway isdescribed asfollows: Beginning atthe previously described Point "A^; thence North 89degrees 44minutes l8 seconds East, adistance ofl8.1Ufeet; thence South Gdegrees 13minutes }6seconds East, a distance of2O36feet and said centerline there terminating. UTILITIES RIGHT OF WAY DESCRIPTIONS: A 10.00 foot wide right of way for utility purposes over, under and across the Northwest Quarter of the Southwest Quarter of Section 16, Township 29 North, Range 21 West of the Fifth Principal meridian, Washington County, Minnesota, the centerline of said right of way is described as follows� Commencing atthe northwest corner ofsaid Northwest Quarter of the Southwest Quarter; thence North 89 degrees 40 minutes 49 seconds East along the North line of said Northwest Quarter ofthe Southwest Quarter, odistance of786.lGfeet; thence South Odegrees l9minutes 11 seconds East, a distance of 398.77 feet; thence South 6 degrees 13 minutes 36 seconds East, a distance of36.UUfeet; thence South 83 degrees 46 minutes 24 seconds West, a distance of 28.00feet; thence North 6 degrees 13 minutes 36seconds West, e distance ofO.85 feet to the Point ofBeginning ofthe centedinetnbedescribed; thence South 47degrees 54minutes 45 seconds West, adistance nflO6.94feet; thence North 9Odegrees O0minutes UUseconds West, adistance of6O8.56feet tothe east right ofway line ofIdeal Avenue North and said centerline there terminating. The sidelines of said right of way shall be shortened or lengthened to terminate at said east right of way line ofIdeal Avenue North. AND A 5.00 foot wide right of way for utility purposes over, under and across the Northwest Quarter of the Southwest Quarter of Section 16, Township 29 North, Range 21 West of the Fifth Principal Meridian, Washington County, Minnesota, the centerline of said right of way is described as follows: Commencing at the northwest corner of -said Northwest Quarter ofthe Southwest Quarter; thence North 89 degrees 40 minutes 49 seconds East along the North line of said Northwest Quarter of the Southwest Quarter, a distance of 786.16 feet; thence South 0 degrees 19 minutes llseconds East, adistance of398.77feet; thence South 6degrees l3minutes 36seconds East, adistance of36.0Ofeet; thence South 83degrees 46minutes 24seconds West, adistance of 28.00feet; thence North 6 degrees 13 minutes 36 seconds West, a distance of 29.00 feet to the Point ofBeginning ofthe centerline tobodescribed; thence North O6degrees JZminutes S3 seconds West, a distance of 21.00 feet and said centerline there terminating. AND A 10,00 foot wide right of way for utility purposes over, under and across the Northwest Quarter ofthe Southwest Quarter of Section 16' Township 29 North, Range Zl West of the Fifth Principal Meridian, Washington County, Minnesota, the centerline of said right of way is described as follows: Commencing atthe northwest corner mfsaid Northwest Quarter ufthe Southwest Quarter; thence North 89degrees 4Ominutes 49seconds East along the North line ofsaid Northwest Quarter of the Southwest Quarter, a distance of 786.16 feet; thence South 0 degrees 19 minutes 1lseconds East, adistance cf39877feet; thence South 6degrees I3minutes 36seconds East, a distance uf36.O0feet; thence South 83 deQrees46 minutes 24 seconds West, a distance o/ 28.00feet; thence North 6degrees l3minutes 36seconds West, adistance of4ll6feet to the Point ofBeginning nfthe centerline tobedescribed; thence South 89degrees 44minutes 18 seconds West, a distance of 77.00 feet and said centerline there terminating. XISTINC PUBLIC RIGHT OF WAY 20' WAY 0' RIGHT WAY UGE XISTING PROPERTY LINE myogy.sp EE 10' ES RICHT Y EXISTING WATER TANK EE 18X 36' LAND SPACE NORTH M NC BALROG LESSEE ANTENNA HEICFfT 126.5AGL LAKE ETMO EXISTING WATER TANK E EXISTING EQUIPMENT BY OTHERS MINC BALROG EXISTING ACCESS ROAD '--- EXISTING POND 20' AC LMLMES RIGHTS OF WAY EXISTING CHAIN LINK GATE WITH KEYPAD ENTRY EXISTING AGRICULTURAL FIELD EXS11NG POND EXISTING BUILDINGS EXISTING BUILDING EXISTING TRANSMISSION TOWER EXISTING CHAIN LINK FENCE [ 0 EXISTING WATER T MN-5/34TH STREET N E EWE VALLEE VIEW 5050 EDFN PRAIRIE MN SEEW &WEER, J. DAVIS, ME p52WWEEEE5 MICE-4,EXE SITE PLAN .„. SCAEE'l" = 200' VERIZON WIRELESS 10801 BUSH LAKE ROAD BLOOMINGTON, MN 55439 I612) 720,0052 EXISTING OVERHEAD TRANSMISSION LINES PROJECT: 20141112995 MINC BALROG IDEAL AVE LAKE ELMO, MN 55042 X 36' 416.-11' NORTH 51 C, g 7 23:50 z 0-0 0 n13 VALLE, VIEW R`1,1) EDEN PRAIRIE 1:15144 —EXISTING GRAVEL ACCESS DRIVE FYISTING UNDERGROUND PVC THROUGH FOUNDATION RORER, I DAVIS Altt Al.A."}(1"ECT ExIsrING CHAIN UN( FENCE AY PROPOSED UNDERGROUND CABLES PROPOSED GRAVEL PARKING AREA ISTING N-FRAME OPEN SOCKETS EXISTING0DRIP EDGE 0 ENLARGED SITE PLAN SCALE r=io' VERIZON WIRELESS 10801 EL/St LAKE ROAD 8L0OMPIGTON, MN 55-138 (612)720.0052 1 Er X 6' LAND SPACE PRO CONCRETE STOOP PROPOSED 12' X STICK BUILD SHELTER PROJECT: 2014 MINC BALROG 2995 IDEAL AVE LAKE ELMO, MN 55042 EQUIPMENT ROOM - X 4f3 -0 d/ g I PROPOSE) 12' z JOSTICK BUILD SHELTER (BEHIND) TO MATCH EXISTING BUILDINGS ESIGN 1173 RPMERR/ERROR+ EGER PRAIRE PR SPPR - WIN RR -RAP 7-- (12) PROPOSED PANEL ANTENNAS MOUNTED TO EASING RANDRAIL je/ AT TOP OF WATER MK LAKE ELMO EXISTING WATER TANK —\\ 0 WEST ELEVATION VERIZON WIRELESS ROBER, DAVIS PIP 10901 BUSH LAKE ROAD ABCPBECT _ BLOOMINGTON, MN 55•175 1E121729-0052 GRAPHIC SCALE PROJECT: 20141112995 MINC BALROG IDEAL AVE LAKE ELMO, MN 55042 NORTH I- tr) -cC (n '0 0 cn AREA MAP PfYPEAPD,P 105550.00 AJP,Pflogficti 5650 PAL 33.PC3-1331,35 r3t3733 3.3013,131G7LN 343 ft TAPE &PPP} EASI FOR CDP MILES PCP,IYINUE ONTO fJCP1 NORM FOR 32 PP ES. t APE E0I1 55 FOP PINY:, AND f URN CCP t EDP ff 7 folJE_ (URN NORTH ONTO OEN. ADE, troOfT3-140tiNTY RD CY WIT. 03 RANCE WILL EC ON It EAST ME CDP,CDC -46 F FFICV,1 iNTERSECT ION GENERAL NOTES VICINITY MAP 3CID 17005 5T L. ;17,1,LEPLITM° 5455E5-''1. 31TY 51_ tf.t, In tfpf cpYst Mat SpYRDI ft,Depfin, Pcf 051 ce110up.0 in corfrpflpato Pfe DYffroct y DpotlficRilonn yntlfOr YpodflJti 151111,, C,Pufaf Coolmelor 0555 DPP, It, aft rcftnifcRy snnytc, pertAALALL, popeyfiup actic,fp fyffflpfl lc tna yprf-fa Intfomff9 fryfcif fps., Pfaff fapptv actRE.9-, "RP PYRE, fwffd nr ClunflPd. 3 TfIff ycP d15o*s415iI5,o 1110w1954004 &scrawl In Plc cfpc-facPYJn,-, JhaIl conform fo PRIMP. fpfo ff9f,fations ftmt 'PPR plciDtCfn fr, alp spse RI MINNESOTA . oft1 thy oty of LADE ELMO 4. Pyauffpft,ppc Jrcl fogoffs pfCPPIED R.Pf YPPIY EPP, CP, Of PPP', PER' fcf ff.Pcfmo-Y P ,33103355ft, may Raft., 31,tpd LAtisst+.11.154seDuciDly fm pm-1yr fuRyltyp 5105 p'PotfcfPlaff-Y. 5 Pomo.. 6,1.1 tondo'', AM Rocfrff.pflfpf drylyin9s. 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Puffl, VDIJAPON WIREJCSS, F Dm, sty.fnyfffPc of fry, gRoRrcI cantneccr cf,f1fm "wed LitILAAse LAns 'ICA/Lad, 5o 555,05 As+ ow/AWL certEna,J,PIRKE, afJ$ tat ercrpf coh.plor, yptyciciployy 19515,, guff yfaf PYfilyeffsf'S 105555,.5,14, dRle,ffIffp I, ,IfylPor. al R.., ,fm-pRy c,c,cyfiracipm, )3 333, PREPPY-4Y N R.R.CfPfDIPY 5I5-P1NEff Pf-cycYffly 55555 JJPIEficaly folderfpctfro oPIty 50poos,ss soss015551 4551045115 cap:Rvilifyf. 0.7 5*0 EY, PRP 1_1-1 S-P SHEET INDEX SHEET DESCRIPTION EPOJECC INFORMATION, MAPS_ INIPECT IONS. ADD SDPET INDEX PACCRALL EPT PLP,P. Df E9514.95005SCA1'ING PLAP ENJARCED SITE PLAN COAX AND ANIIELINALS.A ALVA 0149.51ND (PAPAW ',OWED ELEVATRNY Phi-EDNA 5751. TAM p904 MJSC PHOTOS TRANSVERSE SECII0 N. ELEVATIONS. FLOOR di FODPDA DON PLAN LONG9 CAMP:- -SECTION, ELDVAYIONS CFNERA I CIP DETAII 44051555050550504008 MSC_ DECO S ourLiK" spEtiFicATION$ 1450I.1451006DOTES ADO DEYAILS OPODNOIND Pf.AN AND Date KC, LIPP PLAN HD IDS AND DEJJACS STRYCYDRAI. PAPS ADO OE TAILS PURVEY PROJECT INFORMATION SPE NAME PRDJECT NUMBER: PODDESC, COUNTY' IPIITEJOEff JONCIPJLID CROUP° ELEVATION- ; TENN4 HEIGPIJ MINC PPI_POG 401450525554 IDEAL AVENUE JAHP ELMO, MN 5f.Cf WASIJINGTON DPI' 5.5.05' f,DAPPCD PAL!" 2Y.PPJ 544051, s VA% fNAVOYM flfiff AtPSL - AGL Pt.-ENNA CCP jP¢C.INE DEIGJID I *LP AMPL 1,7533' 464 55V305HEIGHT t33 AmSL • 121 7 Aci. Ovii.RALL T F331C7E RC 05655, Ifff,f .J6f APS(.. 35.,0 055 AWING SPEED UN SITE' DATA POW OP JED_ 15C94153,33C, eoLDING TYPE. SPE AREA: POPP 10551 514.1.5.59 a 555 IP PO PEASSE 1.1yCLOA0 =5010 RSF P KIND. PROViDED PSI IMAYED COPP PuN, tYISPRtIHYDRID CAN P 333. 3034 PROJECT DESCRFP DPW CONSTRUP PROPOgED EQUIPMENT Si WI TER AND APPENDPS ID IDPROVE1HP CUPPOUNICA DON SERVCE IN 1HE JAPE CLAPP, MP AREA - NOM 1540059 DRAWRM DO 007 CONSTIXASNIXTURV. M0l1176, BO niE PrWRARED WEB ON INTORMADON &DEEDED, AND DPERETORE PRE AS ACCURATE AS IDE SUPPLED DATA DIE SIRLAMARAL DAMN WAS REWORDED DY OTHDRS APPO tS RETEROLLU ORE TI.E:SE DRAMYS CONSIDER DINT TN STRUCTURAL ANALYSIS NAS BEEN PROPERLY PREPARED AND COCIMENTED, PLEASE COORDINATE ANY STRUCTIRAL CONCERNSAMTTERS OR ANY LONANC INEDOCADONS 70 THE CONSULTANT PRO AUDDRED THE ANALY156 AND win' orsai I OIDEOPTEIT DE DIE ISSUE VERIZON WIRELESS DEPARTMENTAL APPROVALS kr ENGINEER DEEPACONS MANAGLD "ta=grm DAME POPAELA OXLEY 00014 SIMMONS DYCDPE COUP+ DATE P5,Y-15 51,1045 UDC f-14 LESSOR / LICENSOR APPROVAL 1115145155545 i3P3r3TE, NTE DATE LESCDP cfCEDS‘YR PLEASi CHCCP THE APPROPPV, IC BOX PEJL.C/ ND CHANCES El CDANGPS DEEDED. SEE COMMENTS flfq PLANS. ff ff'fff4'..tcY'R. LC-sed...s/ AAA LA RJR-JR,. fyyfRf JJ, REV, A ISSUE SUMMARY DESCRIPTION ISSUED POP Rearwos,vls 00 issuku FURPERMITTIDDrZOPPfG1JDOPCff 115505 riACEIPPOP. LESSEE POWER 013L1733 COMPANY CONDICE e-Lco UYILITY CDPPANY CONTACT ARCHIE,: J StfliVPYQD: DTP DC fl)PPY- ENGINEER: PEDTEDDEPDAL ENGINEER' CONTACTS CITY OF LAKE NW) 31031 ,..AVECtrNE 13, LAKE PCIPD, 650,1„ Tam DrCITI ttElf ',SDP) VERIZON WIRPLES5 IDEPP BUSH LANG ROAD DIJIPMINGION_ JAP ,PCitj PON REITER E12,20-1,35, PCEL tfJYRDY ;fru, CREEfjc3r tap t5103,e ,3P0f. Is, INN 5.0 KELP...EY PC: f 71,11C, DESIGN RDocio DAD, AP CHEPT ocr,, ALFA MAO 555005*1 L ECPP E53A+ ALA SALA-. ALI_ s50A5,051.1515.5ACM+ DCDPCD OP COLD EPAIYIE, t .f.fcc-f ',ICE, VIEW POPO EDEN PRAIRIE, MN J.15:344 5552,103471. WIDDECH SMITH PULING ED) EPA MORE 5IRC57- PO gun 1C200 PICXADVPIA, MIs 50355.10,3 3Z0-7124149 DICEID ENGINEERS CY), E PIPER READ surrE 'xk) MINDCAPPLIS, CCED 5143557,25DD 5.55 VERIZON WIRELESS ItALI LAL AAA. PROJECT 201411125E55 MINC BALROG IDEAL AvE NUE LAKE ELMO, MN 55042 SHEET CONTENTS: ; 5501155055 18DUE SUPPARY CHEET !NOD. DEPAPYRAPNYJP. PPPFRJVALS LESSOR ApppoPpl PROJECT 1J4PORMATICP., - AREA PICOPPry WPC - PEJYDRAL Naies - '785A40154bY. DATE CPC PP CD P 01 005540 T-1 SPACE', ECIPY, CUP 55,57.55 pERJD Iff Ex6TIN0 POMMY LINE NV1' 6/0ATN 51. N OVERALL SITE PLAN SCALE. I' = 20 T-0' MAC SW EtISPNG CULUE DDSIfNO GATE ENSTINC UNDERCRWNA I ALCCTAC RUN SITE PLAN �rsay ONSING TRAASRAAA+R UMA NORTH CUES 0( 10 CADGE 140570 WIRE 120 DE3AFSS APART AROUND TREL NR17000RIF 1' SOD SAUCER 24 2'+2' SINCE DF?.'N1 MM FlNISNED GRADE — TREE DETAIL SCALE: AR" = GENERATOR TYPE: DIESEL NORTH UPDSGIPE KEY N NA4E I BOT i ICAI. NAME I MATURE SIZE I BUCK HILLS PICEA MAUCA H: 20.-25' SPRUCE 'DENSATA' W: 1D'-12' DESIGN Rnb_t, r I DKv1: Af-K 9I Et.: v+ OCU Et tEw rW. YY{iXYetiirtltEP YUM VERIZON WIRELESS PROJECT 20141112995 MINC BALROG IDEAL AVENUE ' LAKE ELAMO, MN 55042 SHEETCONTENTS:_- - VVi PPS: sITr PLR! $❑E❑LAN LANUY'_'4PE PLAN A-1 EXISTING *Airrt rdNK FRISIING UNOEPCRCUNO WAICk (IN( it .n^ EXISIINC [MAW t:NK PNCC NOTE CONTRACTOR TO COMMIE PUBLIC AND PRIVATE UTILITY LOCATES PRIOR TO CONSTRUCTION START. NOTIFY NE ARCHITECT MD THE VZW CONSTRUCTION ENGINEER IMMEDIATELY OF ANY UTILITY UNE ISSUES. -i 0 l OENLARGED SITE PLAN SCALE I'& t0I CAVIV WALE VERIZON WIRELESS AKE PROJECT 20141112995 MIND BALROG IFT AL AVENUE SHEET CONTENTS:= FNI NAOFE :ITF PE AN A-2 S1t 47 2 I I ' I t -;-;- -;-!- ;-; -1 1 .311.133ot 3 .311.1 31101 3 .3 3 3.131.11 , ;1.3 13.1e al , 3. 1 s 311 13E33 13'31 pillf 33 313131133 i 33it ,, II3P -. 'PM; ;'1ilf 13331 l'ii ?P't iPa‘ 3 1Vi 3 ,33;sp', '1111,I1111 p ,iiipipipip •Pd'I'*il'il 1 3 1 P 3 3 p • 3 , { V' „„_ - ,,;;; PIPS( 3 LI FP; 3 I 3 35, 1 ' ; 1 Pg3Hpl'ip'g3 Iitil t 11313 i 3 ; fi!!!4di, ! 51 ei 1 tp,P I .a2 L51i,1*; c2T wESS6'; .48 t 3 — t cpIP oip;I.iifIoil .If=if.;o o i i ''t 11 13 1 i I i illl 11133 fil oti 3 303, 331.i i opi trip lo 3 , ; tal 3 NI 0,.10,1.3.), , .P1 1 ippl, 3'13, b 31,1 3 ,,t,P, 3 itpp'p 01.1 t1t,1, i {3,1 31.1 { s , Ps 2, i111 {1{11 3 i I 8111 {13 al { g11 a el ft; {11.1141{11 s 131 11'1&1111111111411111111111{111111 111 *S{111111111ti{111111{4{111111{143{1{1{1{1{ 1'1 , , 145 1 ..:_-,., I4t0,t1 ,i. 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P-1 3: PP f451177177; 1: 11 t 3.141t., 1.1 1;fil.,4: 1 1 3 ,2101 , Ittf 11 3 f ! 3 3 , { .3 Pi 113331 3 . 13.3 I C, t ? 3 a , 3 3 3 3 ui ,,,, 3 .1 31.1 3 h.:111331 3 iIgit : '1' ' '' ' ;,! 1,1 0555 3.0 33,33 31.13 11 $.11"1".$11.1141/1' 2 %Itit55 9- cc '41'Rt,*,i 0 i-D- 7 4 2 1 z; LI-- (1)555 < 0 1-0 0 ANTENNA MOUNTING DETAIL. SeAt E:3,1E1" EXISTING CONDUIT ENTRY irlsluE OF WATER TANK ESdSTING TAN% VENT ENSDNG *ROM HATCH 0 OVERALL WATER TANK PLAN. SCALE- SiSe= 1,0" LAKE ELM(' EXISTING WATER TANK LOOKING EAST MTV. DSSINt<104 USW (SEE r /SRO SV=Pvt SOLE , 4 Y SECTOR 0 1 Of ADIUIR 0 EXISTING EQUIPMENT ON TOWER TOP OS TANK OVERAL.. SIRLCTURC HEIGHT 1144.40 MISL / mle" ft tOpmavo.tA TIP ROW 1141.0 0M1. / 13a0' Fa *A/001144 CENIFRONE 1371F /4451. / 1205. 0:1- EXISTING WATER IAN# 1101t; 1XE AKIffECT WAS 440 WIMP, UPRESSED OR MIA OF 14( ACCLIVCF OF DIE SFRUCIIIRAL WOW APO 11{ PERFORILVICE OF DIE COIREED 031ST0LICTIOR AS 5747101 COI TEEM MAIM MO DE 510UL-11.10A. NAM 06, CRAM 0 ITIWER 'rl0lu Ala NOTE CONTRACTOR TO OBTAIN CURRENT FINAL SI)F & FM DETERMINATION FROM VW PRIOR TO CONSTRUCTION COMMENCENDiT LAKE ELMO PROPOSED 10 X 00 S110C-OULO EOLFLEXT SHIO-TER FOOCE ROT SWIM 400 wan 0 EAST ELEVATION SCALE; =:itr tgANSIN SCAN DESIGN =ONE,: 4.10ELP RNIRN: vs,v, RR:4 NIN=1,5 VERIZON WIRELESS loh,, BA -4-i 4. AKE evEvsNvo Of PROJECT 20401112595 MIND BALROG IDEAL. AVENUE LAKE ELMO, MN 55042 SHEET CONTENTS; TOWER ELEVATION AN IV.= MOUNTING Itt Alt isRERALL WA 'NH SRA 1,01 MISC PPOTOS DRANNS Itt SvACE R DATE.Itt SIS I Cv ,SCIVES Si cola - RSV a ri:x11-15 REV. 13 06-04. A-4 3/4" ROOF EDGE PER IIVOF, COALS BIZOLNG AS REIn TP. SPELTALL WM ROO Is SEALANT CCM FRAkE ASTELEILY ARAM VW REM NEM STUD ANDICN NO FLOOR ANCHOR 1 4' •TA 0 RP 9EE7/IEE P44) WATER PS capMill INDI ROOT VISUATIG•1 WEE iC ETIPIVROOF COPCSTRUCTION IW 1D 1Xr• 3/5" TAP FACED OSO Str ITPE YMARI WARD LOC at% trEEI pits Timms BAIT pialiPatiti hit PELT YWCA BIT Mr TURCO) SHERPING sip show coir4413LE 111/ ROOFING S1.410t4G SENA IETPL WIC MC* I CEASTRIXTIGN lIfT. PO MI vr FRP FACED OM I/2 CI112 r 57ES. SUE ac. r BUT iiisuLATEN AP hiCtS7LTEE minim &KM Wu? irEht Met w/ WAY AT 1 6" 2Er T COECREIT TOOTING ./ (2) - /4 cconwiuouS EWA .4 REBUT rig. AT 326 ON CORD TRANSVERSE SECTION SCALE, NC" = 0E12..RELED_LiaS cONTRArIOR-9JR0triNED OTIAR 0 POLTCARt3OIN1E ENCLOSURE 0 HOC LOW (2) (ID w 16. w 10) ® EXTERMIR UCH, WIRE 0 pyc owurr 4riniKes ® GENERATOR NUTTIER 0 3A.4 38. AuntNum LOWERS 0 tuts am 0 h*E44 iCE 0 ifimE MIR HGOT G) usEIT WEAL PAsm 3,4-4.1) Oa, 0 EAST ELEVATION omit SOLE 0 WEST ELEVATION SCALE mr ,O J SCALE :DESIGN Hoc CDWITivELER TELCO RACKBDAM 4TELCO PORT EQUIPMENT ROOM 3 IN I TIRE EXTINGLASH IR* GENERATOR ROOM 2-1/2" ELEcnTick tasicE Pow porn FLOOR PLAN scALE- 0 30-0 WOES: 1, TOP OT IWALLS 10 RE LEVEL 41/0'. 2. EQUIPPED ERDC IMDCMT 0 APPROV, 77350 T/0 KN. ELEV.. 101225' MEL FOUNDATION PLAN SCALE IN' -0" TANK (2.87)7.040 4041111110(7 1187873. CONCRETE STCOP Y A4C4104,1 YlkW. WY, C€,Y, VERIZON WIRELESS au, 7251,ye, PROJECT 20141112995 MINC BALROG - DEAL AVENUE LAKE ELMiD MN 5502 - SHEET CONTEN 0RtiA0E 50: IC/A OHN'AVVA, 117.7.133134 MIYA: 07.317147. 7.714447.4844 7. ro12 A DAre- TEi-lEcKED7.40 ',REV A 1:AA1215 A-5 la Ian -/PC ga fa§ L'9H1H(a1T -FURg6HED IUffi Q POVCARS01NTE EICWE (I8 N tlf" 101 ® P.0 SWOT ON MIMS ® RAG a SHIELD ® HST USE➢ LONGITUDINAL SECTION wsxcaxu 3CALE'1fU�I1 0 WEST ELEVATION SCALE 1Itl' = OEAST ELEVATION SCALE: wp' _ •.,U,. 1+,405 DESIGN np9CP(d OM, XN UAL, FREt. t'4,1,1E ttk xw VERIZON WIRELESS ill 00, �. PROJECT 301.1112945 MINC BALROG HUEAL AVENUE LAKE ELMO MN 550a', SHEET CONTENTS: :UNCIT;1fE4At >f Ctl'.Tfl 6t 5T S wt.St P.;.G'.Yiti9h5 0RAM4 6t' DATE' A-6 CARLE CROCE REM ON [AIX STEEL MOLE PROMO 11./ PADO KM ID BURL rf/ .3/127 84 X 2" LOW MANSON 0005 .k/;,1,•414^/:/// "./ /./ V, 3 I/27 0,21 MIL 40 20L4202.02 571EL Fin .------^2. X 27 X 5' 044.44341E0 4,,,....„..„.......N_UPt5TRLO BOTH WES OF SAW SUPPORT POLE (119. OF 4) SNAP A 440421121 11Si DUCT). 82 FNC GLUED 1441001240 MOW 41/ 22 1/2. 24BMWS. Do OF 2 CABLE BRIDGE ELEVATION SCALE: IB 20" VAROPICE 418084 1815 ROADWAY DESCH TIM BC SLUMPED 0040 *PROBED MDR TO BO GRAVEL ROAD SECTION SCALE. ELT. LAT' 3. DEEP CLEM Fr3Cx OVER OWEN POT T005I01340 GEDTEXIXE ROLLED SOIL 4flik 44:ki'44.‘•` .f. SWAM SW/ 2. 7 7-4 WO: ROCK WE %RI BE 4. 404. - I 1/2" BM, V. 57E21 ANT CAP St 5. I/47 WV. 510 474(11 4*-2 1/2' LONG 4/ 5/3. 540 U-EOL1S 70 14057 WV. STL 'GRIR-sTiorr 24' PIN. 12 CA 03411111 014. COOS TO SUPPORT BRAC/IET STL 'SKAP-IK ORS 3'-0' 0.4 221511, Tr/ 3/71' 5434 CRATATBILO < TRAM POO ex Y. 34' CALVAKTED UNISIIPUT (1200. 1 PI000 ) 5/B. DLL 0-40115 ID POST reLL (6) Sic ROLES RR SNAP -64 HANGERS PER 15e .3'-6* GAL. SR uPOSTRVI PRE WM, KUM (2) Tr WC CONOLIOS I/O' 022. SCR 40 WANTED MEL PIK DELI CLEAN ROCK MORD, POLTETHYLDtE GEDIETREE I OK PIER FOOTPC. (4) /4 CR, SO CAR T2/17* CREOLE R(S • 12" 0 C. CONC. 10 BE &COO 05 0 20 54437 84/ sz(x I%) FORMED AIR 0 CABLE BRIDGE SECTION C.P. S.CALL lAr A r-CA TM ROC% 5250 SEALE BE 3/4 ION - 1/2' 4442. BOLLARD SECTION SCALE 1147.1-0^ 0 CABLE BRIDGE P N THREADED 061 M ?MEM &WIER KETER ID SOT TOR MT OE 135 4441(4144 & REWIRED ABOTTER 131TE FR:POSED EWE TO PFE CE.41, SEM BE sETE PRO I, PAM P01E3311 21m 311.- .1411.142, GPS MOUNTING DETAIL O.66•2 SCALE: JAI' A I ACI" HAMER 3/8' TIREPOED 11 - 4 RACES OT SUMER (0C 10 PROME 181.110011 MOAB SILENCER - WIT 11E111. BNCLOSURE OR 10,845(1 IRSULATC10 rTh GENERATOR DETAIL SCALE, 112. r-u. MAK StAil APTISTIO 14ER434410 OC. 4' rAvr, 22-2115221 AV AALLE. vtAMAG rA, raur..P. wp., 2121*4150.02150* VERIZON WIRELESS PROJECT 2u141112n5 MING 1114100 BALROG woo n) COHOST' 12-1/3" (EX C,C.) IDEAL AVENUE LAKE ELMO, MEI 55U42 SHEET CONTENTS: GENERA -MA MAK 22022001/2152/514/22 OR€VLVVA) 515C GAS TAFTAR MTAILS DRAWN Bv 2TA1:E- 1A1E AA,AAA .plECIVAIA F11- CCM 11.6,1_ 15 0642-11 A-7 11 6 6 6 2 61 4. ci?,,,-; iq q 0 o o 0 ';.- Z CC 0-9„ 03 2 8 0 5 It lit C.) 0 z BOL AND NOTE LEGEND SSION CONNECTOR NOTE: CONTRACTOR SHALL ENSURE THAT EACH WHIP IS ROUTED TO LEAD 1 BY THE SHORTEST PATH, AND BENDS SHALL NOT BE LESS THAN 12RADIUS 0 GROUNDING PLAN SCALE, NUNE NORTH w0C V-- IL LEAD 1, RIND 2ALVN44ZI STEEL GROUND ROD, 0/0.0 SPADED 10' APAR1 010 PER POW. 0 —0010100 (rrpL Gr GROUND ROD DETAIL SILWLE: l'2" A I'LO PHRFAIND PRO UP DIREARED nnvoc APAPTER /2 WIC LOOP Pre PVC DPI DO-DOC DOWN ro LFAD ft CUL SLOPS KIR LEAD DROUPID ROO TESTWELL DETAIL REALE 3,4^ A PLC" 'A „I • ,NrAasCRE '0,4HLEWoppeLoslaOr CORNERS or 5400150 WE SW OM PK WALL KIRK GROUND DWG SHELTER REBAR GROUNDING 54253101: %Low: DESIGN .00,3- plA 244154, 014 10041 VERIZON WIRELESS ,s,rt PROJECT 201411129115 MINC BALROG IDEAL AVENUE LAKE ELMO, MN REND, SHEET CONTENTS: - 185UN14N8 01404,81054 K.', - DRAWN Fr, LLIAALE, P. - DALE L2,10-15 CDC -DWELL Ow.200 42 02.13.40 G-2 EXISITNG TPANSFONST,IT-----= XISING TNETCRGROVT0 ELEGEM WAN IV ExISMC CARA VAMP EXISTING BENDING OVERALL SITE UTILITY PLAN SCALE, = NATO' vA7 A VA ARTIER SITE UTILITY PLAN ENEALE, r" = LEI WERE Ackr EXISING FENCE EXISTING EARERGADENE RATER ENE (EP) EXT 1NC FADITANT TAP) N RTH KING ETATDRT NORTH EXISTING WAVE IANN T4C :EETT-T,TEETTAT - " LI: 61- NSFORMER LOOKING EAST 4iceOSE0 24X 024" hyE)10E/RA.1 EEC( C TO PRO.,'EE AS ALT 10 unar OoldRVir SUPPLED M EE LoCATED RE 4100 RIX OF VW I X EXTREME ENIXECROLINE CAS UNE 04151410 ANDENCROAND MTN) ANT EXGINC ONTTRICATI ELECTRIC LATE XXISTIATT PENTIC 410111 Or ETAT MEEK 'EA NT, POSED 24' 0 30' 1 24' ICIE/PULL BOX TO' C.C. 12" ef ROO ef140 \--DEMING couLT Dasn% FENCE [AWING ROWER FTOLE HAND HOLE FIBER PLAN Q..• m.4 scALE: 1 40-U, DESIGN6., Ayeev, YVAMA Av vVr$VAVALV AIEV Ar, ylviAlty f,14, wrA, nSVAMFP yvv VERIZON WIRELESS AA vvv 4yAv ,AAvvr,VA ,vo toy vArAs, PROJ EC T 201111,2555 MINE BALROG IDEAL AVENUE LAKE ELMO. MN 55042 SHEET CONTENTS: NvENET 54104441114 y PLAN =TIE u SETA PLAN VANO HOLE FIERA ALAN TAISC. =HEAR) "VIVAvAry 00. DA Vi 011EAVYVD 00 RE VOA U-1 S1ACE= A 'UV 10-15 CDa. V.VV, "civyt,i5 an 1.2-) \22 7))))) \ tr. Lt • nOnr )121r) r. 22,22)10 - n.t oN:r 2271t, t \not L.) - nir0,22)))17 \ ArniET. Man t.[NN, .417Tnnt Trifrl ta. 72' in• ,),..•)21) ))).1)),4 Lt. LiNECI 2-1 HANDRAIL IVIODI9CATION NOTES: -iirarrirtr) HAti. 41nET)44r..1)) 7nrrt_L Y 20.2. CTEn 2.2”),,in Mr' t‘nr• 2)117.)r.t) rir,n nn2r nort 4.7),) A AND enrInt, o2 r WA C. L.)221t), Conn,. 't CO44 4.21) rftir tntr) Fr2an, r.Lini tr. ,A1,A, ,rao vC1Nol PROPOSED LIW,O,VAW VERTICAL P057 SPACED BE-11AM ENISTIHC VERTICAL PIPES (O.P. a ocanons) rr,Sfinr, Jrriln • rAint • 2,211.A2O2r) '0 nnr.r W,11).),), r_uni; nEF r L L nit..., ..tt Ant. in. Non NNN [No PLAN @ PROPOSED ANTENNA LAYOLIT • \ lartn., t2,17.) .ntr 202)2 7)41,111 24' 44 r,), nnr.nn).1,7)4 — [NtorNr,:ov r.r. 11 V271'in r... \ ntr,t).. L r.rtrn; 22)44 IL, At - n.rn it).• ninr rtnn PLAN L PROPOSED GROUND LEVEL t 21-212, _ .22 Ann ' rpm. \\WA ) Fn. nrn [NNo[C., rot-4+ 2. ))2., tirirPIL tr.,:tAA ,ENT [No c[NrAN tri ..nrn Fr tr.rurin Lt • 2,1) tit r. ort)r-ornn *1,,,rtr rt44..1) nntrintr 7LL I nirt r )2t.tt.it nr, \ 2.t421 \ 2) .2422 2 7212,2\ ...1) U.) nr. NoNN 'N.NoNNI retc NI-N[ PLAN 0 PROPOSED WATER 104-ER 2ND LEVEL ALONG WITN EATWALK/ORYTuEE LAYOUT \rnif n42. r) •-fr r.")) tnntin 40» 2, t) nErtrInt.inn4 - ortrrnn nrn., 44, 't22 n, rtrfF ntn. \ rtovii _ .27 NOT FOR CONSTRUCTION DESIGN VERIZON WIRELESS PROJECT 20141112995 MINC BALROG 1445 IDEAL AVENUE LANE ELmo, MN 55047 SHEET CONTENTS VROPOOEO 454414 ViE,S, 04AVi4t ### DAIE .CHEC,11: RK fA 'U41 Pt,O.L # IS O44-15i• S-1 7,77 A77,1't i77 - FP7777 7f , t77.,)PE 1,7(7.11,177,47 7,7 77,`,1- 7,017, a :70 PROP. COAx VERTICAL ROUTING FROM SECOND FLOOR LEVEL 10 ORY1LJBE WST 7 0741,7'1., 7,, 1,7n t7 ,rt , PROPOSED PENH RATION A T EXIST, WATER TOWER DRY TUBE F',77,77,17., 73,7,77,7 716 77,,,,:r7rtr -771'q'N 7,1,77,70; 77.'77?- ,r7 7,77_Prvr, 77, 017 7 ;7E71:U7 7774_7',;77ef.7 r747,7 F7R777177 .77,1577t 1,1,77"7? 77,7774771,C,o, F777 ,17:77,7,777 r.77,77,74,17:Ei77 t7,1±i4IP C77,11 A077 ,C7+77, 7.707,777,7,7 -077,1r44L TO '7Ei711 ,771,7,1 ,t71, 777 7,7'77 77,7, N1771, 7-017E77: ‘111,1 7,47,P7 771 HAre7;17,7:7; ,774.`7, 7`,77047,7,1 ,i777 777' • 7,7777: MO) 7.7:74.'1' 77. 4,17. ,774 OR4(777E't LTA x1,1707t; - 1,)74E7777 i-777174,4if_ 7,741! 4-44ri4440{), 7:7,70 1717,7- .9114,5 ,77V7L, ,777, 54':7%; 77777,":44,7,Tr, `7, 71,7,ii`7717 44444077Lf P1,77:1,07_, 1,711777!71111A1 1.,t}"it2 FA!, t) ILI r/C70.0,i5 Q77.77stItir77 777,,,, 7777 771f7,' 171, PI4OPOSE1 I-101?1ZONTAL COAX ROILING AT SECOND FLOOR LEVEL rra, 1. Ff 77-j PROPOSED PEN. TRATION AT EXIST. WATER TOWER 0144WE LL /14" )n-v-)e0 {717777, 7'7,71g- 7 of o,orros A.* 00,77/rfr7 '771,,77:77::t7 '777-17t44 ANC.))."), FL, 7,1177f tro F;t_Lit .1 7,tit c.,kroo or ..r:RooOrr ij *0'7,77Er,444 4444 oNT,A,..10, ei.:',J774 .. 0 ;,77,-1 0, 7,-,I777 7 777 7777f E,477t r.:7:77177177,77" 7,10 7,7 S-777777"17 PROPOSED COAX VERTICAL ROUTING TO SECOND FLOOR LEVEL L 771, r 7tol s .‘rr omorr ,77•70..:7M777,777E f717,7, 7777,7:77. 7:741 +7, :77,17 7717,77771,i, ,4.7,7 Z'44 7711, rrrr, ) suvrsTo PROPOSE-0 COAX ROLI INC, 41 CAT WALls 77.P 17,7777777:77', 7t' .14 7.7,$. 7 70.77777tk ,Pr7-7777-71 [77. C77707,707, e f77.4C f-rx, 7'77 4017 7774.7.7•17 77,7, u ktaFP'11, ;AL, /7-77 7.7MV=7,77, 11:5)f,L, NOT FOR CONSTRUCTION DESIGN VERIZON WIRELESS PROJECT 20141112995 MINC BALROG 3445 IDEAL AVENUE LAKE ELNIO. MN 55042 SHEET CONTENTS' - SEG I IOW, ANDOIITAILS f5.44,4044444 JP Ci I E4.4)Er) 1)0 2,E, 6 uai PR-;),J, 44500154 S-2 FRoVI LI/ - HOOK Vat. 1P/P1i PIPPI r*tr PrriPP,Pripiip. _PP t-,7541* lark vl LI 'era Tn 'Nam, PP, PriP PPP, PPP E11i/' 1ipo41i41 ma, QI kat. 1=PL itE=2,k/tiE P1Pi cr.p• M'aPIIM-CM Ft aMa (PPP= area. armte pPp.P. =EP PP,PP/PP' - Iltarrar ro PROPOSED HYBRID INSIALLAT !ON AT TOP OF ExiST. WATER TOWER PROPOSED CABLE ROUTING FULL HEIGHT Of DRywE-LL Aar , ',QM -rear I a r..I: tik,' mat 441 OiriPP ',PPP 5,.:9 PIPPi P.P/iiiPpii PCP-P PROPOSED kiANWAT HATCH PEREIRATIoN F(PELD vERIFr LOCATION AND OuAr4T[T-41) f/ISIPP, 441414 PPOPor..FL. EraIala 11.1.,ER roo. 'r sIlmi MM.. a -al, Cara. MIM- =i1 ;PALE B GENERAL NOTES: ; at. 11 a Nr4r,..41. 444* AN,-414Qat P.PPi m4-1 rare. ',ALI44444.1 4*4:1-At^rL41 PROPOSED PEHLTRATIoN Al ExIST. WA) ER TOWER pRy T449E NOTE: 1 /11ii-,,PTOP tp WAD ELL,4 r-tr•Skr 1/1,/ = PPLP-CP,41 /P1P P511 aria araa 4-1M "I M '*4 47PPPP,CP t/i SLEEVE PENETRATION INSTALLATION PROCESS: Ca4a41-f-1. ee4,4n, 4 3r1 Ai 'PP aptly,/ iPPPP/1/21p, Witt/ PIPE /i11,/ PROPOSED 4ANWA1 HA ICH PENE !RATION (PELD vERi?'-r LOCATION AND QUANTITT) NOT FOR CONSTRUCTION DESIGN mirrari, VERIZON WIRELESS PROJECT 7E:141112995 MINC BALROG 3445 IDEAL AVENUE LAKE ELroo. MN 55042 SHEET CONTENTS_ :5ECTION5 4q0 GE1.113 PY REV PoP NOTE. “1: - 8-384431,3,3 , 84, -8-3,4888, 08,18-f, 1-41. , 818,11ff 8 tit, 1 Ft 1- II, i5 C4181-8-84 888,1,81188 884,8083/43 04 3 18t, 84 T. Vin: ALLOW AT. 8401ti44T 814,3 ,38-33-33,0, tx 3,0 318. OTT' 33881,31,61,3 "0 , 431,84 P81,,, , t3,818-3,8848, 341 t --3,33/8134,33 80 13 iPT 4 , CLAMP - 31.185 1133118 331 4'444 AF tiff. 8.88 ,F3-8 - 330. 4 • 13,1883 48183871- 1.3818-131 84483,81,8 -3 38 813-3 3,14 0 83. ti= 13833, 1tit ,88,88 3. F'81 38 ExTST iNC OBS I RUCTION LIGTIT RELOCATEO/PAISED 88,1T- 8.8,831 3-3804'8401E 8813 Ft, 80818 1.33-33834,1413 41,3,3 433331? 4tu4, 33,81,1 518833 t334877 48.3143 48,311 VAT 83 IT 33 E'L. 3f 844, 1-1488,18 8,8 144NC:4:44 8 r3N081131 133 PROPOSED HYBRID CABLE POUTING ALONG TOP OF EXISTING WATER TOWER F-F341,314fl t38. Et8U8L t "T" PROPOSED OBSTRUCTION LIGHT MOUN1ING ERICSSON RRLIS-B5 W/ SOLAR_ SHIELD AND PROS A2 RX MODULE NII 41,38 ft, ,-88f 843,1. =FA t(88 3 10 483 4,../1133, 73-343f r"Int, .3 3 -8 833 8'181 8.44'4,rP "8, 430A 1833 48 1-8313,31.33 -8 0,38 88,8. 88,3 48 TC-3,3130-31 841 8188 8T8t It., 3,182) LX(S I F,11, 33 ti ,3488 TITIti ltat14 8387/11 1,0888. 84, 'TT 88 8838 T4338838.8S f14-3, t33-' T ftitIFI 3.88,1 :IT.. ,r-rr, 331-3-18, WIIII 318338-3,31, ti At F4 3 ti8.3,331-3 31.338,0833 PROPOSED TPX ERID CABLE, ROUTING ALONG 1 OP OE EXISTING WATER TOWER 3,3 t34 3-,. 88,134-3, 883 T888-18 301 0-83 'it 8 338.43 PROP, COAX CABLE SUPPORT AND ROUTING NOTES: -1,34438383.-41 84438 -ti44-83,3 84318 AS 34 38,31- 1318.83 888 .80.,,":183, 8,-8888 434,34'14,, ,338.3843 ,833 88834 NOT FOR CONSTRUCTION DESIGN F88.44-38t ,00/i ,s1-A 31`143433,08 T3883. 4 1813,33 Tftti 0383833888 3 :813 4838 F'81T, 88fIt 881,8 f-tP8^3 -33 -3 888 AV. 33'33, 0138 38-413 3,4,33 413 388 f38,31,41ti T(18[38 8033. 888881-38,4r.83-.8 818803,33.0 If- 14, IC `14: 1.40 t°,8 rtf.ED,C, I-3, 88488 34,88,83 8'3331, 4484, f 81 3 8.81-83444tif I 8118 3388 ,38-4,3481 8, 48'8 ,8 t1-, 881- 88183 8ti 884,31"8 8-3 8,38 '3381 tint 80,1, 88 8- 83,4, 018 8883,8 ,48,81.48 NOTES: E883438 8,374 8,3133- 4-3, 338 0444ti tit 88403 88814E44484,383158 11V3l4, 33. 8388.88 40 86,, 848 f-Tft 18.48, 8818 LI 4L44 4310838,01.3 4408 88-37.38P33088 88884 1,33 848 44 08, 3-,80888134333 tft 813 ,I, Al 13,33,3 841f FUJI 1,38331-833- ,443 Wti,1-381., 841-3 13:4 ACC 88,-) F 883-88tTTI, 3,284 F FIT, 4- 133 Ff18 44, 4444TIE8 3831,043F4itiL 4tf 8.383411 -88,8 81 08184% 13, '3, 38, f PAINTING / GALVANIZING NOTES: 880,86,38 3-33,1P-8,8 Lt33 1 80,8, ITTIT44 438 I 3181134 444888 '033384, '' "13 1,8,31.8 1131,,C,33 80T ,IT813- 43841LC41 3,181313 81 4-803,T 8 wwr - '83,08841 ft, 88,8, 18888 3.18 t88 1ft 8,3 NOTE; , -33,183 NOTE: 3.8 833334,3 381,83,383,3 ,133-3 t, 488,tit, :1-EP1 tk, 1184,831-13- 38131 3838 3 04,81, tif -T8,333 314 8313 33,03338 F84'831, tHr .14t 8134 3-33ST *V.,t, ROO, r4r-.5.",s 1174,3,F 333 IF, 1.4.34Mt. 83, 3--83888F 8 W., ,88814 t13 ft,' 18803- 44814. 411tif-3 UE 108 1,8884, 488,3E. 838 ,884,3 ti-1,33 VERIZON WIRELESS PROJECT 20141112995 MINE BAI.ROG 3445 IDEAL AVENUE LAKE ELMO, MN 55642 SHEET CONTENTS 5.801831,304143 1884/841 RF rE 81-14C8E114fIT REV 44 8 33EIPIT483-31 18.083,3334 F PROS- 05 W/ SOLAR SHIM./ S-4 ANT) VRUS A2 RX MODULE T'EUTURE) NOTES ,33, .43,W. NOT USED ERICSSON RRUS-12 w/ SOLAR SHIELD AND_KRQS 22 42 MODULE RRuS-12 W/ SOLAR SHIELD ,AND RRUS 42 RX MODULE ....CRLE Rxx0C-331S-PF--45 PP. ,Pro uPROPLI, K.- Re, - MAIN DISTRIBUTION BOX (TOP) V Prow ut, antra 48 abtur A, side ervy Can br. irtzaW icit or elgrr Mileuelot 8180m54218Inctuneo RRUS W/ SOLAR SHIELD AND RRUS 42 RX MODULE MOUNTING' P00,. 624 801.0g Fli FRAC0 P,ORPRED otpf, 660 08081 PROPOSED MAIN DISTRIBUTION BOX/ SECTOR BOX MOUNTING HARDWARE ERICSSON RR08-813 SO1AR SHiri AND PROS 42 45 MODUI F RRUS - B1 3 w/ SOLAR SHIELD AND RRUS 22 RX MODULE PRIP mERRO, RE.PIO P ,W op POW 010•44,01nor NOT FOR CONSTRUCTION DESIGN 8016080668 VERIZON WIRELESS PROJECT 20141112m MINC BALROG 3445 IDEAL AVENUE LAKE ELMO, MN 55042 SHEET CONTENTS 66114IIS AND UE PIES - ORP•POIN BY GIP PATE ILERiE. CIIROPEO 'RY 00' REV E UEI PRIX! P 15 ULIt.9 S-5 o,11ot ,RE41, L W 1, 441, OF ,11-t1 .1fooF 4{1,1, ..or. ..1-14,4 ICI 1.11 PA1.41, ONho,, NOTE: mOUralloo OOP /4V-1:,.. tot W., 5 14"..44L4, ,11f ItIOA .E1 C. t 1441 ..11, 141r11'l.Il-L. .414144 lou1S1131:4444 4,31113, 1-14.124,AVE 4411,41 so 411. Hi .17..1. 41 , PROPOSED AN FE NNA AND EQUIPMENT NOUN TING DETAIL (MANDRAIL LOCATION) 31,O4141 ,EC 1:10 -114_11 f',". of1,,T 4,1 (AOr c#3,- •#-3 -3, ,tn 9414,'4449,,: 01, , .411. n .1E:1 441 f,#. IrooTO TO A,f3,33 ,of" NOTE: 191 FROPC.,FG. k- W:F.0,10a 1A.Y.RE 3#3r, Pvt-41-#3, 'HE 7 4, rEN,E, 141if.S 1,4.0 3-114:1#FE1,E ,#, 4110o01.4t.1,51 OC 0oHA Atarf.. 41-4 ot.1L .r .4 1114,0AO A 41 L PROPOSED ANTENNA AHD POLI PMENT 4410414441100 04,1411 (HANDRAIL LOCATION) ,C4 CU, 1,1411' 41.:. 1..7,11144,84 1-R5,433##,## PE,#,F ,34:31-#0 NTT- •.1.17,-m. ;4.01 Mt# #### AOY f 1.1EE. o.. NOTE: 1,11 Ao14 61: o • 9E14, .L.EL. ko, ,v11 Pk: At PROPC)SED AN TEN144 ANID ETOOli mILNI MOUNTINO DETAIL (TANDRAIL LOCAL rON) NOT FOR CONSTRUCTION DESIGN VERIZON WIRELESS PROJECT 20141112995 MINC BALROG 3445 IDEAL AVENUE - LAOE ELMO. AIN 55042 SHEET CONTENTS - GfJappL f. SECTIONS AND DE,111i 5414 141414414911 1.1E1 PROJ 15{..A5O S-6 44 tt.E7 t ErtL,E,- ..ttEittE ittECI4 ...EEC ECItE EEcE,EttlEtCP ttE.Eti s,- NOTE: CW,t, NtEttECEt ti+F E Etc, , rr;wr Ct.Et .7,Et cnittE, f Eitt tiirrrritt. rt' Ire EiatEc.lt EttfEEI 84'EE, At, 0:1-U11 Mtn ,E,C,CEEECtEt11.; ttc rctlISKIE 44 JIIECEIhtt ttARCE.AIEE tftti Et kW, EictViittlti P.", E., PROPOSED ANTENNA AND Li:rUIPmFNI" MOUNTING DETAIL (HANDRAIL LOCATION) Ettit ,,Ett PtE,E,fiCttEEE, E,IECIPIEEtEEN, CIctq ECt tEVE, tif,I1C1 C. Et rt..... t.E.EtttE tEct EttE,E,L 1 tEcirEIEitti IrEt; ',"- ,FE,C,,tEttr) fEE,S.E,,FF PASIE! 1 1lt,Et tt, Ef,,EKE, El ”LttittEC.Ir ,t E L It . weltrt; CAE LEE ft', RC,E,Ett,f PtEEE r.,EL tCCEltEt Et C. rt t,..,,ttE. EtEtEEEMEtc r.totit, 'Et Ft ItAtlEtECC :4:1ret.4 vorr,r;rr vrqs Ett,' E.41 tct t, t Et- 5 ttl,aCT Etc,: ..Ar t,,ACEPRE ftttrEECt, t,t) t CEttElF,ECE.: . Elltr EtEt E EJE- '11:0 EAE E.EE14 ELL EEE 1,:t,Ett- I AE,tttt ,tEtttE“Ftt 0,1E. EErEErl, ttOttclIt., EELEt, tEtE, NOTE: NOTE: PRLPEGEE. sttt MEV, PEt.lEtt Ar412 Ar.torr,rr st.t. ,r, r. 7E40 R tEcEtt,E, 2 Et, Ec4,-Ectcfi, EEt t CECE. E tEtEtrEEt„ Ata, Ettftt C LAE,PI.ET I:111 vrr., M,;SC PO,CED Ati S,4*t1 THE( 34 4.44 Et, LEEItct cc, Ott fEtEttiCtLiEC 7,144 tEt. USE& ,tt, WOO .Ett.14 Al L tELE,ItE PROPOSED AN I LNNA AND LOLA mCNT mODNTI DETAIL (HANDRAIL LOCANON) r (Et, ,E10P,tc.Cr SW Ott. L., MO +6, 4. i-ttrQYyttc, ETC EEittLP ETKE- E .E,t1ECHNE t Litt, tjt,,E.,.. ,Etr, AtEL, ItirLit MEE With EWE RE tEtt,J1F.t. At; 7tOrt EEC AEU'S tE4,,,,,:q1,-. ;;;EE0r.l.r A E{c.s, FEE tttttr- ELL PROPOSED ANTENNA AND EQUIPMENT MOUNTING 1,E1 AIL (HANDRAIL LOCAT(ON) A NOT FOR CONSTRUCTION DESIGN VERIZON WIRELESS PROJECT 20141112595 MINC BALROG )445 IDEAL AVENUE LAKE ELMO MN 55042 SHE ET CON TENTS unr.RAL r 40i E., DRAW; Et 44,44 *111,4444*41 44444 E VE1 PROE IS ,11 *4-4445 Ls_ J Z gt _ 0 i ! - 0 0 i CT 1- 1-- 0 En Z Z 0 U A11ON NOTES E Cf) 0 4°,4 0 Z C r CO !CATION DCTA1L z IT PROPERTY DES07.01101,10e. fo,fortent „fn. Lts,marlea No ,090.2. Ora. 7401't of las fans,. afora al oc.0 Noftases, 5cods on,s, „talea ors,. Ga. Offo., asoaloa fo Safat. a,. roe woo: fas 7-, tofroassi • o s. 11,0 to afe 0007, ol la,. Nat, ea SeGanif. Go, o flafosso 03 saaars se, „son. esol, nraoso, afo osta ass, 000, 0P0,01...00 x.th thv 00001 faro asolase lon zoo,. 0., arf0 as00 lefe 4 oafosee of GIS1 fr, aro of me Nom.. Cosa, of ,r 0,0.. 0,100 H 0,0000 NV, 010, '.0.0 Goof las, a cot.. 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TR t M r \ Norrr:1 MAGNV... PIC -PIO, a 6[1:!913:11001 4a, - _55 .„„ r 10113 ),...........4 t-.4. ., t---,,, ty .4,4- ` M ,'X DE1,4, STATE TRUNK HIGHWAY NO. 5 01 SITE NAME. MINC BALROG Coordy MN SURVEY°. INCIT 03303-4 tr Nal Melr, ..a.114 3330,3303000 CHECI,ED BY 083 C043300t. - I --4--4 -, GUV -..tfC,IPIE ,.., 333 E.'"rEC,' PC.LE i I 't. t,:IX:. K:co-O::,g:r:TPAot 5 e ,::,c,,t, TREE ..:,5 0 N 5,A11. PO, 74.11 H'3":741:61°:Ar'7:MBOt. . m M EALe''Uit::TANOHOLE :a;:44 SE 4 ,AP4m1,0,:::::WV1 3 BALLARD LIGHT C M; STORM ,,fArtHGLE ,- - -- SECTION UNE QUAR,ER UNE -- -- sixtreEtcr., ullE . ;. 1 rR A ;4,e1 uG:l 4 1";:0,1,,::: ,, ttt::::e: V, t , ,, , ,I, :71 3 t r X i ...= N WATERMAII-A 't,I 303,''F? 2 '30;1'C'D E''t..8EEC' OVERNEAD ELEC I 1 1 UNDERGROUND GAS ONDERORCiPtI) TELE EDGE OF VV:;,00 rt (-ICE .,,HAN Li t114 EUGE 0 CA034464 ccoar.Pere sui.:F.CE guiLDING WALL 317,1T..” GRAVEL itIRPACE. Taa A133,, 1140 eow 44,1w Mt; le3:1213=n CITY Of 01,E ELMO ... M usit Ott.: 5, , 17- , ; Eta E1 rpgV-V4., 1' -E 30' DETAIL • + ,,:t : Et?'').:' ::"* ,e'' • .„,,,,-.7 • - 1 ,s..., , a, —.....,...'",-W— ". { --...,,,''' t t.T!''54;;;"r-m4 ,,;,,A, --,,--f;i1,:•------.- TE54.--,,,E—E 55,5,;11‘ww-,-; u:-.4 4 44 1;111-. Mat.:t ,,1 ami,,...„.....r, LEGEND ELEC e: , tt 1'1 33 4o, • 43-38 1:11111:11,=!; EXISTING TOWER SiTE - 11 VICINITY MAP ! ;A WIDSETH SMITH NOLTING E'te.,:ertn4 I Al [tut ecrure I su5N:5g I Er,:tomr-1,,,a1 0- SITE NAME: SITE NUMBER: ATTY/DATE LAND LEASE AGREEMENT This Agreement, made this day of , 20 between with its principal offices located at , hereinafter designated LESSOR and d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW- 00 Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at [ADDRESS] [MUNICIPALITY] [COUNTY] [STATE] , and being described as a ' by ' parcel containing square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or inotor vehicle, including trucks over or along a ( ') foot wide right-of-way extending from the nearest public right-of-way, ,to the Land Space, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land Space, said Land Space and Rights of Way (hereinafter collectively referred to as the "Premises-) being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Propeity is also shown on the Tax Map of the City of as Block , Lot and is liirther described in Deed Book at Page as recorded in the Office of In the event any public utility is unable to use the Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be home by the LESSEE. TERM: RENTAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of. Dollars ($ ) to be paid in equal monthly installments on the first day of the month, in advance, to or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. The Agreement shall commence based upon the date LESSEE commences installation of the equipment on the Premises. In the event the date of commencing installation of equipment is determinative and such date falls between the 1 and 15`1" of the month, the Agreement shall commence on the 1 of that month and if such date falls between the le and 31of' the month, then the Agreement shall commence on the 1' day of the following month (either of the foregoing or , if applicable, being the "Commencement Date"), LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date in the event the Commencement Date is based upon the date LESSEE commences installation of the equipment on the Premises. In the event the Commencement Date is the fixed date set forth above, there shall be no written acknowledgement required. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after the Commencement Date or after a written acknowledgement confirming the Corrunencement Date, if such an acknowledgement is required. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and no written acknowledgement confirming the Commencement Date is required, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 1, and if the Commencement Date is January 1 and a required written acknowledgement confirming the Conunencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE, 4, EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current tenn. 5. EXTENSION RENTALS, The annual rental for the first five (5) year extension term shall be increased to Dollars ($ ); the annual rental for the second (2nd) five (5) year extension tenn shall be increased to Dollars ($ ); the annual rental for the third (3rd) five (5) year extension term shall be increased to Dollars ($ ); and the annual rental for the fourth (4th) five (5) year extension term shall be increased to Dollars ($ ). 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of live (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other writ -ten notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the "Tenn". 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of .LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent. that 'LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Propery which LESSOR demonstrates arises from the LESSEE's improvements andlor LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek .modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE'S expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE: GOVERNMENTAL APPROVALS,. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas,conduits or frequencies are specified or not on any exhibit attached hereto, during the Tenn. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. INDEMNIFICATION, Subject to Paragraph 10 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 10. INSURANCE. a. Notwithstanding the indemnity in section 10, the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE will maintain at its own cost; i. Commercial General Liability insurance with limits not less than S1,000,000 for injury to or death of one or more persons in any one occurrence and S500,000 for damage or destruction to property in any one occurrence ii. Commercial Auto Liability insurance on all owned, non -owned and hired automobiles with a minimum combined limit of not less than one million (S1,000,000) per occurrence iii. Workers Compensation insurance providing e statutory benefits and not less than one million ($1,000,000) of Employers Liability coverage, 4 LESSEE will include the LESSOR as an additional insured on the Commercial General Liability and Auto Liability policies. c. LESSOR will maintain at its own cost commercialcoinniereial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR will include the LESSEE as an additional insured. d. In addition, LESSOR shall obtain and keep in force during the Term a policy or policies insuring against loss or damage to the Building with a commercially reasonable valuation, as the same shall exist from time to time without a coinsurance feature, LESSOR's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. 11. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 9 and 29, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict 1 iabil ity or otherwise. 12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 13, INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after -installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in 5 accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shali have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly- rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the Parties are negotiating a new lease or lease extension in good faith, in the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph [4 shall equal to the rent applicable during the month immediately preceding such expiration or earlier terinination, 16. RIGHT OF FIRST REFUSAL, If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, or any conveyance to LESSOR's family -members by direct conveyance or by conveyance to a trust for the benefit of family members shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 17, RIGHTS UPON SALE. Should LESSOR, at any time (luting the Tenn decide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full perfonuance of this Agreement. 18. OUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 19. T1TLE, LESSOR represents and warTants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 20. fi\ITEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 21. GOVERNING LAW,. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity Ninch acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the 7 LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within its sole discretion, upon notice. to LESSOR. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. 23. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: LESSEE d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal pursuant to the foregoing. 24. SUCCESSORS. This Agreement shall extend representative, successors and assigns of the Parties hereto. as shown on the receipt obtained to and bind the heirs, personal 25. SUBORDINATION AND NON -DISTURBANCE,. Delete the first sentence of this paragraph if SNDAs fir all existing encumbrances are obtained prior to Lease execution. LESSOR shall obtain not later than fifteen (15) days following the execution of this Agreement, a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non -Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor -in -interest or any purchaser of Lender's or its successor's interest (a "Purchaser") 8 acquires an ownership interest in the Property, Lender or such successor -in -interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attom to Lender if Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR, In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogatcd to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults, 26. RECORDING, LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording, purposes only and bears no reference to commencement of either the Term or rent payments. 27. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach ‘,vithin the time periods provided in this Paragraph. b, In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and 9 until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shali be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach. to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion, 28. REMEDIES. Upon a default, the non -defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies, The costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE, If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 29. ENVIRONMENTAL. a, LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litionon, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 30. CASUALTY. In the event of damage by lire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 31. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall tenninate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first, If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not tenninate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by 11 reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 32. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. if any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreetnent. 33. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use or the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 34. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 35. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: By: 12 W ITNESS WITNESS Its: Date: LESSEE: By: Its: Date: Exhibit "A" (Sketch of Premises within Property) LIMITED WAIVER OF USE RESTRICTION AND CONSENT TO LEASE The City of Lake Elmo (the "City"), a Minnesota municipal corporation, is the owner of the real property legally described on Exhibit "A", attached hereto (the "City Property"). 3M Company, a Delaware corporation ("3M"), is the owner of the real property described on Exhibit "B", attached hereto (the "Adjacent Property"), Pursuant to Exhibit C of that certain Limited Warranty Deed (the "Deed") conveying the City Property from 3M to the City, dated June 10, 2005, and recorded on December 9, 2005, as Document No. 1163065 in the Office of the Registrar of Titles for Washington County, Minnesota_ the City Property may be used solely for the development and operation of a water tower and public works facility for storage of yard., salt and sand materials and equipment unless such other purpose is approved by 3M, as owner of the Adjacent Property. The City desires to lease a portion of the City Property to Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Verizon Wireless") for the purpose of constructing, maintaining, repairing and operating a communications facility, and uses incidental thereto. for use by Verizon Wireless and other wireless communications carriers (the "Verizon Wireless Conuriunications Facility"). 3M hereby waives the use restriction under the Deed with respect to the Verizon Wireless Communications Facility and consents to the leasing of a portion of the City Property to Verizon Wireless as described herein. [T];e remainder °Phis page left blank intentionalk Signature page follows. 106871234v2 SIGNATURE PAGE TO CONSENT TO LEASE STATE OF MINNESOTA ) ss. COUNTY OF 3M COMPANY By: Name: Title: Date: The foregoing instrument was acknowledged before me this day or 2015 by , the Chief Manager of 3M Company, a Delaware corporation, on behalf of the corporation. Notary Public 106871234v2 Exhibit "A" ALL THAT PARCEL Or LAND IN WASHINGTON COL I V, SIAIE OF MINNESOTA, AS N1ORE FULLY DESCRIBED IN DEED DOC 1163065, CEIC1 6199H, II)fi 16.029.21.32.001, BEING KNOWN AND DESIGNATED AS FOLLOWS: THAT PART 04"1111. NORTHWEST QUARTER 01111E S01411WES I QUARTER OF SECTION 16, TOWNSHIP 29 NORTH, RANGE 21 WEST, NVASIIINGTON COUN'l 1', NI INNESOTA DESCRIBED AS F01.4.0WS: COMMENCING AT THE NOR THW EST CORNER OF SAID NORTHW EST QUARTER OF 1111., SOI THW EST QUAR 1 ER; THENCE SOLT-111)0 DEGREES 03 MINUTES 55 SECONDS EAST, REARING ORIENTED TO THE WASHI MOON ( OUNTY COORDINATE SYSTE.M, NA[) 83, ALONG THE WEST LINE OF SAID NOR TIIW EST QUARTER OE TIIE SOUTHWEST Ql.,ARTER, A DISTANCE OF 115.20 FEETTO THE POIN1 ()I: BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE NORTH 89 DEGREES 51 AIINUTES 08 SECONDS EAST. A DISTANCE OF 815.00 FEF.T; THENCE SOI 1)) (8) DEGREES 03 !MINUTES 55 SECONDS EAST, PARALLEL W ITH SAID ‘‘.. EST LINE, A VISTAS( F.. 0E400.00 FEFT TO I rs INTERSEC1 ION ITH THE NORTH LINE ()F STATE, TRI'.NK HIGHWAI NO, 5; THENCE S01..iTi1 89 DEGREES 51 NIINUTF-S 08 SECONDS WEST. ALONG SAID NORTH LINE, A DISTANCE OF 815.00 FEET TO ITS INTERSECTION ‘VITI1 SAID WES1LINE OE THE NORTIIWI,ST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTII 00 DEGREES 03 MINUTES 55 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 400,00 I ELT TO TIIL POINT OF BEGINNING. THIS PARCEL CONTAINS 7.484 ACRES, N1010, OR LESS, Exhibit "A" Page 1 of 1 106871234v2 Exhibit "B" [3M TO PROVIDE LEGAL DESCRIPTION OF ADJACENT PROPERTY] Exhibit "B" Page I of I 106871234v2 I I IE CIT) If' KE ELN 0 - cOUNC, CA TION DATE: REGULAR ITEM #: July 7, 2015 17 AGENDA ITEM: Appointment of City Clerk SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Community Development Director, City Administrator, RR Committee Chair SUMMARY AND ACTION REQUESTED: The City Council is asked to approve the appointment ofJulie Johnson as the City Clerk for the City of Lake Elmo. FISCAL IMPACT S60.000 salary / $31,000 benefits = S91,000 (Benefits —ER SS, ER Medicare. ER Pera, Health, Dental, Life, AD&D) BACKGROUND INFORMATION: Ms. Johnson was part of a candidate pool of 44 applicants for the position of City Clerk. Candidates were screened and examined using ten specific rating categories that analyzed specific strengths and weaknesses. The specific categories were: Clerk Experience, Human Resource Experience, Taxpayer Service, Official Records / Official Notices, Meeting Preparation / Minutes, Elections, Teamwork, Financial Analysis, and Municipal Code Maintenance. Ms. Johnson was interviewed by a group of three City Staff Members consisting of the Finance Director, Community Development Director, and the City Administrator. The staff all agreed that she was the best candidate for the City Clerk position. Two councilmernbers sat in and listened during the interviews, Councilrnembers Fliflet and Lundgren, and they both concurred with the selection of Ms. Johnson. STAFF REPORT: Ms, Johnson has been offered the position of City Clerk contingent on approval by the City Council, at a salary of $60,000 with benefits offered to all City of Lake Elmo Full Time Equivalent employees. Ms. Johnson is available to start on July 8, 2015. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the appointment of Julie Johnson as City Clerk by undertaking the following action: "Move to affirm the appointment of ,htlie Johnson as City Clerk of the City of Lake Elmo at an annual salary of $60,000 effective July 8, 2015" -- pa "I'l IF CITY OF LAKE ELMO 61: tqlVUN/CA TION DATE: REGULAR ITEM # AGENDA ITEM: Proposed Services to Assist in Code Enforcement SUBMITTED BY: Rick Chase, Building Official THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Kyle Klatt, Community Development Director July 7, 2015 18 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 Mayor Facilitates POLICY RECCOMENDER: Staff FISCAL IMPACT: Staff estimates that the cost of proposed survey work to be $1,500 from the general fund. SUMMARY AND ACTION REQUESTED: The City has been engaged in an ongoing inspection of a property complaint at 8085 Hill Trail North. In order to evaluate the merits of the complaint, it is necessary to conduct a survey of the property to accurately establish the location of the parcel boundaries. The requested expenditure from the general fund is to conduct the necessary survey work to move the inquiry forward. The property in question has a history of complaints received by City staff. The recommended motion for the expenditure is as follows: "Move to authorize the requested survey work related to ongoing code enforcement activities in an amount not to exceed $1,500." -- page 1 -- City Council Meeting [Regular Agenda Item 18,1 July 7, 2015 BACKGROUND INFORMATION (SWOT)i Strengths — The proposed work will assist in the evaluation of an ongoing code enforcement case that remains unresolved at this time. Weaknesses — There is cost associated with conducting the survey work needed to further investigate the merits of the ongoing complaints. Staff estimates the cost not to exceed $1,500. Opportunities — Completion of the survey work will provide staff the information needed to move the code enforcement case forward. It is staffs goal to utilize the requested information to ultimately bring resolution to the complaints. Threats- None RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council authorize the requested survey work in an amount not to exceed $1,500. The suggested motion is the following: "Move to authorize the requested survey work related to ongoing code enforcement activities in an amount not to exceed $1,500." -- page 2 If IF. CIT1' OF KE ELN, 0 DATE: July 7, 2015 REGULAR ITEM #: 20 MOTION - REGULAR AGENDA ITEM: City of Lake Elmo Public Meeting Decorum Protocol SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Julie Flitlet, Council Member REVIEWED BY: Julie Flifiet, Council Member SUGGESTED ORDER OF BUSINESS: introduction of Item Report/Presentation....„.„.„.. Questions from Council to Staft Public Input. if Appropriate T C:ouncilmember Fliflet .... ......Council Nlember Fliflet ......... .....Ntavor Facilitates lavor Facilitates Call for Motion Mayor & City Council Mayor &city Council POLICY RECCOMENDER: Council Member Julie Fliflet FISCAL IMPACT: N/A SUMMARY AND ACTION REQUESTED: To improve the decorum and productivity of official City Meetings through the adoption of standard guidelines of decorum for elected officials, appointed officials, staff and members of the public. LEGISLATIVE HISTORY: The City Council, since the mid-2000, has operated under a statutorily adopted code of conduct that was designed to maximize the productivity of official meetings in as civil a manner as possible. It is important for policies and procedures to be in place to ensure city meetings remain civil and respectful. It is also important for clear parameters to be established regarding behavior and decorum so that all participants are knowledgeable and informed of proper meeting decorum. Lake Elmo has a long standing history of conflict. it is important to establish guidelines that will ensure public meetings do not get unruly. -- page 1 -- City Council Nieeting fRegolar As;encla Item 20] June 7, 2015 BACKGROUND INFORMATION: The Lake Elmo, Minnesota Guidelines of Public Meeting Decorum has been developed as a commitment to healthy public discourse at all levels of government: elected officials, staff and residents (see attached). The Guidelines have been developed using current City Code, standard language of professional ethics for the various staff disciplines within Lake Elmo, materials from the League and other municipalities on civic engagement / audience participation. The Guidelines for Decorum for public comment would be clearly displayed on participation forms used at City Council and other Lake Elmo government meeting. (see attached) BACKGROUND INFORMATION (SWOT): Strengths: Clear parameters and guidelines are set forth on meeting protocol, decorum and behavior. Weakness: Behavior guidelines may be viewed as suppressing opinions or the right to speak / behave in a manner protected by the tenants of free speech. Opportunities: Civility / decorum will produce more productive meetings and policy dialogue. Threats: There are 110 perceivable threats in the adoption of these rules. RECOMMENDATION: Understanding that the end goal of any public policy -making meeting relies on an informed, deliberative and orderly process, it is the recommendation of the City Administrator to adopt the following: Motion: To adopt the Lake Elmo, Minnesota Guidelines of Public Meeting Decorum and include the section on Citizen Behavior on the Public Comment sheet for meeting particpation. Lake Elmo, Minnesota Guidelines mfPublic Meeting Decorum The City of Lake Elmo will conduct city business in a respectful, civic manner, Our expectation is that we and all who participate in our proceedings, will be respectful of each other including council members, appointed officials, members of the public, and city staff. The guidelines listed below address Council, Commission, and Committee Members and their role in developing 3productive environment. Elected / Appointed Official Behavior ' As set forth by the Municipal Code of Lake Elmo (Lake Elmo Municipal Code 31.01) City Council Members are to abide by ground rules for interaction with each other and with members of the public at Council meetings, The City of Lake Elmo seeks to adopt the follow parameters as formal Guidelines of Public Meeting Decorum based in part on this section of the code. This formal policy will include interaction of Council members, Commission members, Committee members, City Staff, and members Vfthe public. Therefore, the following Guidelines have been established: Each Council Member, Commission Member, and Committee Member shall abide by the following ground rules for interaction with each other and with members of the public at Council meetings. (l) Respect others. Council Members, Commission Members and Committee Members should: (a) Respect each other and the process; /b\ Assume people are being honest and genuine inthe expression oftheir views; (c) Not shame o,blame others; (d) Not talk about people who are not present; and /e\ Respect residents ofthe city and city staff <Z\ Listen. Council Members, Commission Members, and Committee Members should: (a) Not interrupt while others are speaking; (b) Ask clarifying not interrogating questions; (c) Use "|" statements not "Ybu"xtate[nents; /d\ Discuss and debate ideas inacivil manner; (e) Be respectful of the ideas of others even if they don't agree with your ideas; and (f) Keep side conversations to a minimum /3> Accountability. Council K4ennbem,Commission Members and Committee Members should: /a\ Participate tothe best oftheir ability; /b\ Be responsible for making sure all voices are heard; (d) Hold each other accountable inacivil way; (e) Be responsible for their part ofa problem or issue; (f) Be accountable for the use of information by not misusing information or by providing incorrect information; and (B) Beresponsible for reviewing agenda items and support information. (4) Take risks, Council Members, Commission Members, and Committee Members should: (a) Take risks, beauthentic and speak truthfully; and (b) Not behostile Vrharassing toward others for taking risks. (5) Be open, Council Members, Commission Members, and Committee Members should: (a) Boopen toother's stories and realities; /b\ Beopen topartially-formed ideas; (C) Learn from mistakes; (d) Beopen toachange ofheart and mind; and (e) Not operate from fear. (G) Personal reaction. Council Members should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas. Staff / Consultant Behavior Staff and hired consultants are to remain unbiased toward the political workings of the policy governance bodies they serve, providing said policy makers with the pertinent facts needed for a decision. Facts are to be polite, accurate, timely, and wholly based on the foundation of the City Code, Comprehensive Plan & Zoning Code and established policies of the City. Staff is to use best judgement in the offering ofopiDons/reconnnoendatiOns to the Council, Commission, or Committees. Staff should share their knowledge of particular subjects and issues with the Council, Commission, or Committee so that informed decisions can be made, and input from staff will be welcomed. Staff shall address members ofthe Council, Commission, orCommittee bytheir formal tit|e. Staff shall not participate in heated debates except to provide clarification of policy or to maintain order. Staff is to adhere to the ethical standards set forth by their profession / professional affiliations (i.e Minnesota City — County Manager Association, American Planning Association), Citizen Behavior Citizen input isvery important tothe policy makers ofLake E|rnV. Therefore, the City Council, Commissions, and Committees welcome input on the policies and procedures it develops for provided the input is given inanorderly, respectful and thoughtful manner astobeproductive. The guidelines Vfdecorum for citizen participation atapublic meeting are asfollows: /l\ Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and [onnnlh1ee policy. Please refrain from conversation with others during the meeting, and shouting from the audience will not be allowed, Being quiet during the meeting is appreciated so that the business of the governing body can beconducted with full attention tothe matter athand; /Z\ The governing body will provide /Z\ opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for genera) comment; Second, opportunity will be given to speak on an agenda itern at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or [Onono(ttee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor / Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, slanderous, or irrelevant. Any person acting in an unruly manner may be asked toleave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation 0rother behavior which may disrupt the proceedings ofthe Council, (5) When group of persons wishes to address the Council on the same subject manner, 'it shall be proper for a spokesperson to be Chosen by the group to address the governing body. No action will be taken in response to a petition delivered at a Council meeting, Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. General Civility The purpose of City Council Meetings, Commission Meetings, and Conlrnh1ee K42e1\n@s is to promote the general welfare of the City Of Lake Elmo. Adherence to the aforementioned Guidelines of Public Meeting Decorum will help foster civility and positive exchange of ideas, and will create an orderly, respectful, and productive environment for the governing of the City n[Lake Elmo. oxVu/,m' |���l�|��M ��~`~^~ �~^_``^`/ Lake Elmo ����C�����M���� � ^ = if you wish to address the city council, please fill Out the form and give it to the City Clerk or [hY Administrator. The K4ayor/ Chair will call upon you when it istime for you to speak during the time designated for public comments oneach agenda item. ifyour topic bnot a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting, *** Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please retrain from conversations with others during the meeting, and shouting from the audience will not beallowed, Being quiet during the meeting ixappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (2) The governing body will provide (2) opportunities for public comment during the meedn8. First, an opportunity will he given at the onset of the meeting for general comment,- will opportunity � be �ventospeak onanagenda item atthe time the governing body addresses \heitem; (3} Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will he given (6) minutes to speak, The Mayor /Chair may interrupt or terminate a citizen's statement when b|stoo lengthy, personal, insulting, abusive, obscene, slanderous, nr irrelevant. Any person acting inanunruly manner may be asked toleave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings of the Council. (5) When agroup otpersons wishes {oaddress the Council o^the same subject manner, bshall beproper for uspokespeoun tohechosen bythe group toaddress the governing body, No action will betaken 'in response to a petition delivered a/ a Council meeting, Petitions will be placed on 0|e and referred to the appropriate staff for consideration and recommendation of appropriate action. Name (please phnt): Address: |tem#/Topb: lc a DATE: REGULAR ITEM # JICA 7- ON AGENDA ITEM: Interim Ordinance — Sewered Development Staging Areas SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Nick Johnson, City Planner Julie Fliflet, City Council July 7, 2015 SUGGESTED ORDER OF BUSINESS: Introduction of Item ...... .......... ..... ...........Community Development Director Report/Presentation.................. „ ..........Community Development Director Questions fi-om Council to Staff Mayor Facilitates Call for Motion ..... ..................... .......... ..................... Mayor & City Council Discussion....................,............. ........ ...........„..„............ Mayor & City Council Action on Motion ....... Mayor Facilitates 21 POLICY RECCOMENDER: At the request of Council Member Fliflet, Staff has prepared a draft interim ordinance that would establish a moratorium on new development within the City's future sewer service areas for a period of one year. This ordinance was tabled at the June 2nd Council meeting and is scheduled for further discussion at the July 7ffi meeting, FISCAL IMPACT: The interim ordinance includes language that would allow the City to consider development that meet certain public interests including those that have paid advanced water commitments and those that would benefit the corm -nullity by provide necessary water or sewer infrastructure. SUMMARY AND ACTION REOUESTED: The City Council is being asked to review the proposed ordinance and make any modifications to the document as may be deemed appropriate. Staff has made revisions to the document since the previous Council review, and any such changes are tracked in the attached draft Ordinance. The suggested motion to adopt the interim ordinance is as follows: -- page 1 -- City Council Meeting (Regular Item 21] July 7, 2015 "Move to adopt Ordinance 08-123 declaring a moratorium for a period q.1 certain types ° development as described in the Ordinance" LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The proposed ordinance represents a continuation of the CounciPs previous discussion on growth management strategies in advance of Met Council's adoption of the final 2040 forecast numbers. The ordinance would provide the City with time to implement an interim growth management strategy in order to plan against thc future population and household forecast reductions and to work on an interim Comprehensive Plan Amendment that plans against these updated numbers. The purpose and intent of the interim ordinance are spelled out in the actual ordinance and attached for review by the City Council. Based on the previous Council review of this matter, Staff has made minor modifications to the document as originally drafted. Most of these changes are intended to clarify the specific uses that will be impacted by the ordinance or to add additional details to the document. In further considering the implications of the proposed interim ordinance, Staff is also recommending the following: That the ordinance include a specific exemption for senior (congregate) housing. Staff has been approached by a developer that is working on a formal application for senior housing in the Village. That the PUD section be eliminated from the ordinance. The inclusion of criteria for PUD's separate from the Zoning Ordinance provisions could cause problems in establishing how such requests would be reviewed in the future. Even if proposed as a PUD, approval of larger residential developments should be delayed until the City is able to complete its review of the Comprehensive Plan and updated growth targets. • That the ordinance include optional language concerning non-residential uses in the Stage 2 and 3 development areas. At the last Council meeting, the Council was in general agreement to adopt an ordinance concerning residential development, but there was not as clear of a consensus concerning non-residential uses. The optional language is highlighted in yellow in the attached ordinance. RECOMMENDATION: Staff is recommending approval of the interim ordinance without the optional language (highlighted in yellow) and as otherwise drafted. As an alternative, the Council may consider including the highlighted provisions or modifying the document in another III ruler . The suggested motion to adopt the interim ordinance is as follows: "Move to adopt Ordinance 08-123 declining a moratorium for a period of 12 months on certain types of development as described in the Ordinance" ATTACHMENTS: 1. Ordinance No. 08-123 -- page 2 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-123 AN INTERIM ORDINANCE DECLARING A MORATORIUM FOR A PERIOD OF 12 MONTHS ON RESIDENTIAL DEVELOPMENT WITHIN THE STAGE ONE DEVELOPMENT AREA AND ALL DEVELOPMENT ACTIVITY WITHIN THE STAGE TWO OR THREE DEVELOPMENT AREAS AS DECRIBED BY THE LAKE ELMO COMPREHENSIVE PLAN WHEREAS, the City of Lake Elmo has received a draft 2040 regional forecast from the Metropolitan Council that would reduce the number of households and total community population by a substantial margin from the 2030 forecast as part of the City's 2015 System Statement to be released in the fall of 2015; and WHEREAS, the draft forecast for 2040 would reduce the City's total population by 5,800 and households by 1,627 compared to the 2030 forecast numbers that were adopted as part of the Lake Elmo Comprehensive Plan; and WHEREAS, the City intends to create an interim growth management strategy that will be used to guide future growth and development within the City in advance of the 2018 decennial Comprehensive Plan Update while also recognizing and planning against the revised 2040 forecast numbers; and WHEREAS, as part of its interim growth management strategy, the City will be considering amendments to the Comprehensive Plan in order to rebalance the future land use plan in a manner that guides development in a manner consistent with the 2040 forecast; and WHEREAS, the City of Lake Elmo has adopted a Staging Plan as part of the Comprehensive Plan, but this Staging Plan does not establish specific targets or dates for development within later stages; and WHEREAS, the 2040 forecast and Systems Statement will not be finalized until late in 2015, and the City cannot adopt any Comprehensive Plan amendments that guide future growth in accordance with the updated Systems Statement until its adoption; and WHEREAS, the City has granted approval for nearly 2,000 housing units to date at a concept, preliminary, or final plat level, and that it is in the public's interest to ensure that future residential development occurs in a manner consistent with the updated 2040 forecast; and WHEREAS, while the City is reviewing the land use plan for future sewer service areas in advance of the 2040 forecast and 2015 Systems Statement being finalized by the Metropolitan Council and developing an interim growth management strategy that will be used to guide future growth and development within the City in advance of the 2018 decennial. Comprehensive Plan Update, the City Council believes it is reasonable and appropriate and in the best interests of the City of Lake Elmo, for purposes of protecting the planning process and the health, safety and welfare of the citizens of Lake Elmo, to limit the establishment of certain development within the City's future sewer service area as identified in the Comprehensive Plan in accordance with the below provisions; and WHEREAS, Minnesota Statutes Sec. 462.355, Subd. 4 provides for the adoption of an Interim Zoning Ordinance during a planning process as heretofore and herein described. NOW, THEREFORE, based on the foregoing, the City Council of the City of Elmo City does ordain: SECTION 1. STAGE 1, 2 and 3 RESIDENTIAL DEVELOPMENT. That for a period of twelve (12) months from the date hereof, there is hereby declared a moratorium on the consideration and/or approval of any residential and related use or mixed -use subdivision or residential and related use or mixed -use development project within the Stage 1, 2 or 3 Staging Areas as identified in the Lake Elmo Comprehensive Plan except for: a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) projects that have paid advance water service committee fees; or c) any project that would benefit the community or address environmental threats through the installation of essential services like sewer, water, storm sewer, or other public safety mechanisms and that would extend these services into areas that are planned for public infrastructure ;or d) Senior housing projects or other uses classified as Congregate Housing under the Lake Elmo Zoning Ordinance. SECTION 2. STAGE 2 and 3 ALL DEVELOPMENT. That for a period of twelve (12) months from the date hereof, there is hereby declared a moratorium on the consideration and/or approval of any subdivision or development project within the Stage 2 or 3 Staging Areas as identified in the Lake Elmo Comprehensive Plan except for: a) projects that have been granted concept, preliminary, or final plan and 1 or plat approval; or b) projects that have paid advance water service committee fees. c) commercial development in cases where the City Council determines that the project provides sufficient incremental tax value to the community and the developer would bear the whole cost of extending public infrastructure to the development. SECTION 4. This Ordinance shall be effective upon its legal passage and publication. SECTION 5. Adoption Date. This Ordinance 08-123 was adopted on this 7th day of July 2015, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Beckie Gumatz, Deputy City C e k This Ordinance 08-123 was published on the day of 2015. 'FI1E C1T1' OF LAKE ELMO MA 'y 4 P „OM DATE: REGULAR ITEM # AGENDA ITEM: Village Work Group Discussion SUBMITTED BY: Kyle Klatt, Community Development Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Nick Johnson, City Planner Julie Fliflet, City Council July 7, 2015 SUGGESTED ORDER OF BUSINESS: Introduction of Item Development Director Report/Presentation.......... ..... ....... ...... _Community Development Director Questions from Council to Staff ........ Mayor Facilitates Call for Motion .......................,............... ..... ................... Mayor & City Council Discussion ........... ..... .......................... .... ........................ Mayor & City Council Action on Motion..... ...... ..... ................................ Mayor Facilitates POLICY RECCOMENDER: N/A FISCAL IMPACT: N/A 2 SUMMARY AND ACTION REQUESTED: The City Council has requested to have a discussion on the history and purpose of the Village Work Group. The following memo is intended to provide an overview of the formation of the group and its purpose, scope and activities. No formal action is requested at this time. LEGISLATIVE HISTORY/STAFF REPORT: The formation of both the Village and I-94 Corridor Work Groups occurred as a result of the City needing to update the land use chapter of its Comprehensive Plan. The City's Land Use Plan should have been updated in 2008 as part of its required decennial update to the Metropolitan Council. At that time, the City completed most of the required sections of the Comprehensive Plan, with the exception of the Land Use Plan, Housing Plan and Wastewater Facilities Plan. In order to complete these sections, the City requested an extension from the Metropolitan Council to allow the City to submit these three sections of the Comprehensive Plan at a later date. Both the I-94 Corridor and Village Work Groups were formed to assist in the formulation of the City's Land Use Plan for those respective areas of the community. -- page 1 -- City Council Mceting [Regular Agenda Iiem 22j July 7, 2015 In addition to submitting a revised land use plan to comply with Met Council requirements, the city also intended to review the land use plan that was adopted in 2005 with the following objectives: Integrating aspects of the Village Master Plan and Village AUAR that were completed after the 2005 Comp Plan Update. The Village Master Plan was accepted by the City Council, but never formally adopted into the land use plan. • Reviewing the land use plan for the 1-94 Corridor to accommodate different densities of housing and commercial land uses. The adopted land use plan included only two land use categories along the corridor(residential at 3,5 units per acre and business park). The Village and 1-94 Corridor Work Groups were formed at the beginning of 2011. The groups were charged serving in an advisory capacity to inform and review the Comprehensive Plan Amendments for both areas planned to be serve with sanitary sewer in Lake Elmo. The groups were comprised of Planning Commissioners, City Council Members, stakeholders/landowners and citizens at -large. The membership of the groups were as follows: Old Village Work Group Anne Smith (Council) Brett Emmons (Council) Julie Fliflct (Planning Commission) Jennifer Pelletier (Planning Commission) Nadine Obennueller (Planning Commission) Kathy Haggard (Planning Commission) Steve Delapp (Citizen -at -Large) 1-94 Corridor Work Group Dean Johnston (Council) Mike Pearson (Council) Todd Williams (Planning Commission Greg Hall (Planning Commission) Tom Bidon (Planning Comlnission)* Steve Britz (Planning Commission)* Toni Kreimer (Citizen -at -Large) Dan Regan (Stakeholder) Bruce Miller (Stakeholder) *Note: These members did not participate through completion of the effort. In terms of the reasons for formulating two groups, the Planning Commission noted the following early in the process: 1) each project area is starting from a different point 2) more efficient use of committee/staff time, 3) able to better adjust to external issues, and 4) focus of meetings can be tailored to a more specific purpose, The groups were also operating under different timelines, with the understanding that the Village group was going to focus more on implementation while the 1-94 group would be working on plan updates and broader comprehensive planning concerns. Once the groups were forrned, each group crafted a process with the end goal in mind of approving a final Comprehensive Plan Amendment for each respective area. It is important to note that the means to reach the end goal were different for each of the two areas (1-94 Conidor and Village). While City staff led the process and drafted all proposed amendments to the City's land use plan, both groups were given discretion to inform the areas of focus and discussion topics that would ultimately lead to the final Cornp Plan Update. In the case of the Village Work Group, the process and areas of focus included the following tasks: • Stakeholder and Public Engagement • Creation of Goals for the Village Land -- page 2 -- City Council Meeting (Regular .4gencla lion 22 July 7, 2015 Pedestrian and Trail Facilities Research and Establishment of Design Standards Public Facilities and Village Green • Research of From -Based Codes Use Plan Finalization of Revised Land Use Plan Input on Future Zoning for the Village In addition to this information, staff did present a recommended schedule of discussion topics at the beginning of the Work Group process. This recommended schedule is found in Attachment #1. As far as the meeting structure is concerned, the Village Work Group held public meetings that were noticed with public agendas. The same procedures were utilized for the 1-94 Corridor Work Group. As the planning process proceeded it was not uncommon to have various stakeholders or members of the public attend the meetings. The meetings were primarily used to present staff research on various topics, as well as work sessions to discuss elements of the future land use plan of the Village Area. These meetings occurred at least monthly, but sometimes weekly, depending on the urgency and topic of discussion. As the group continued working on formulating a land use plan for the Village Area, conducting public engagement was another important step in the process. With the support of staff, the Village Work Group facilitated the following larger public engagement efforts: 9/72/11 — Visual Preference Survey 3/29/12 — Village Planning Open House 9/20/12 — Village Planning Open House 2/25/13 Public Hearing Comprehensive Plan Amendment In early 2013, the Planning Commission recommended approval of a final land use plan amendment specific to the Village Area as presented by the Work Group. This plan was reviewed and approved by the City Council on March 5, 2013 with minor modifications to text as proposed by the Work Group and as recommended by the Planning Commission OTHER GENERAL ISSUES/FUTURE WORK: Since the adoption of the Village Land Use Plan, there have been specific actions taken by the City to implement several of the recommendations of the plan, including adoption of the VMX Zoning District Standards, approval of the Lake Elmo Design Standards and Manual, and approval of specific development projects within the Village Planning Area. Other general comments concerning the land use plan: The creation of a village green is included as a major component of the land use plan. The plan does not address the size or a specific location for the green. The previous Council did not prioritize performing additional planning work for a Village green or acquiring land for a green. -- page 3 -- City Council Meeting [Rev(Icir.-1,gencla It'ni 22.1 July 7, 2015 The Work Group did not discuss the financing mechanism associated with any of the proposed elements of the land use plan. It was understood that a financing plan for improvements would be needed depending on the type of work. that was performed. The current downtown public infrastructure, streetscape, and drainage improvement project, although supported by the land use plan, was not a specific reconunendation from the Work Group. This project was initiated by the County at the request of the City to accelerate the County's planned reconstruction of Lake Elmo Avenue with the City's desire to install sanitary sewer into the Village in 2015. The project management team for this project presented updates directly to the City Council. The City Council discussed and authorized a specific level of improvements to be included in the project late last year. The Work Group was involved with the work performed by Damon Farber to create the Lake Elmo Theming Study. The theming study was used as a basis for the proposed Lake Elmo and Village Area streetscape. In order to provide a template for its work and to help visualize the various land use options that it was considering, the Work Group developed an illustrative plan that was never intended to be adopted as a formal part of the City's Comprehensive Plan. This plan included details that helped the group consider different land use options, and to discuss what the implementation of the general land use plan would look like. Because it was illustrative and not a formal master plan, it included elements that were suggested by the group as options (i.e. a central pond area, ballfields, a new City Hall, a specific Village Green location and so forth), but that were clearly going to be subject to future discussion and review by the Planning Commission and Council. In order to implement any particular clement depicted on the illustrative plan, including a village green, the City would need to undertake a planning process for this particular element. No such specific work has been performed to date outside of the Lake Elmo Avenue sewer, water, storm water, and streetscape project. As a visualization tool, the Work Group did not specifically address the financial implications of the illustrative plan. Staff has not been able to find the specific action that was taken by the Council to disband the Village Work Group; however, shortly after the City's adoption of the Village Land Use Plan, the City Council voted to end its work. The annual work plan for the Planning Department does include some specific elements that were included on the scope of work to be covered by the Village Work Group (including considering a fon-n- based code), and the Council may want to revisit this work plan in light of the decision earlier this year to re -instate the Village Work Group. RECOMMENDATION: No action is being requested at this time. ATTACHMENTS: I. Village Work Group Discussion Topics 2. Gantt Chart of Future Work -- page 4 -- Village Work Group Tentative Discussion Topic Schedule Topic#1 Introduction Topio#2 LandownerExpectetions-Parba|Stakoho|dorGnnup Topic #3 Design Examples Topic#4 Soo|e/N/a|kabU|ty Topio#5 Character ofthe ViUmUe Tupic#O Design Standards Topio#7 Concepts for Mixed Use and Commercial Development Topio#8 Public and Private Infrastructure Topic#Q Streo/acapasand Roads Topic #1O Parks and Trails Topio#11 8uatainebHity Topic #12 Zoning for Village Topio#13 Preliminary Comprehensive Plan Update Draft Topic #14 Refined Draft Topic #15 Final Draft „. pnel Cis!! P1F-01 A5:55,1cppot, 1 C. impecit-rnpAcc •••.•••• City ake Elmo Schedule or Sustainable Growth o he -94 Corridor and Old Village PAC 3._ ! P; troncuqarn P. NJ !II. DC!,:j!!„1 9.7:11(1:1„ P: PK (-5„-Eased „!„.„ VVVG !!„„cpplc„.11P-Jiic:„.;:c/P:u:CP:m1c1: P: DPvc-ipprpPit P. DI OP. tp; tv!,:p.c.:,4511-1pnt Air CCA:„IrA115! !Jrc„.„017301!"„c„:1! :5174AfALACA ; A, tcOrliArk npvc7Ippo,pnr. 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