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Home My WebLink About08-14-15 CCMPTI IF CITY OF LAKE ELMO Oiu ij to PION. de iia/it.()16' Sovices in a 17iscal_iy Responsible .Alannerird/e Pre:se/Tills the C.7(y's ()pen Sp la Cbtliatler Call to Order Pledge of Allegiance c7, Roll Call/Order of Business ty: Approval of Agenda —Accept Minutes NOTICE OF MEETING City Council Meeting Tuesday, August 4, 2015 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda 1. Approve May 19, 2015 City Council Meeting Minutes Approve July 21, 2015 City Council Meeting Minutes:' , Council Reports Presentations/Public Comments/Inquiries 11 Finance Consent Agenda 3. Approve Payment of Disbursements 4. Accept Finance Report dated June 30, 2015 5. Approve Extension of Audit Services Contract 6. Approve Grant Application for Trail Grooming Reimbursement - Resolution No. 2015-61 Other Consent Agenda 7. Eagle Point Boulevard Street & Utility Improvements - Change Order No. 1. 8. 2015 Seal Goat Project - Pay Request No. 1 (Final) 9. 39th Street N: Street & Sanitary Sewer Improvements - Pay Request No. 6 io. Approve Amendment to Community Development Block Grant Cooperation Agreement R5gular Agenda 2016 Street Improvements - Authorize Feasibility Report - Resoluti©n No. 2015-62 eassignment of Easton Village Trunk Sewer Line Wildflower at Lake Elmo Developer's Agreement pproval of Final 5th Street Landscape Design (iio attactweni) pproval of Agreement for City Planner Services (Possible Formation of a City Environmental Committee (r-(12/7,,/ request, no attachment) 17. Tartan Park Discussion (Lit ndtvn reqmst) t‘j k()VT? K. Staff Reports and Announcements L. Adjourn , OR,11-t L A r, k, CITY OF LAKE ELMO CITY COUNCIL MINUTES JULY 21, 2015 A. CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren, Staff present: City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Community Development Director Klatt and City Clerk Johnson. B. PLEDGE OF ALLIGENCE, C. APPROVAL OF AGENDA Coupahnember F4/76/ moved TO TABLE ITEMS 1, 2, 3 AND 16; AND MOVE ITEM 12 TO THE CONSENT AGENDA. Canna- "member Smith seconded the motion. MOTION PASSED 5 — O. D. ACCEPT MINUTES July 7. 2015 meeting minutes accepted with an addition by Councilmember Bloyer. COUNCIL REPORTS, Mayor Pearson: Attended the Parks Commission meeting and walk through at Reid Park, the Metropolitan Airports Commission open house and Washington County Commissioners meeting where the future of Tartan Park was discussed. Met with residents to discuss the proposal for downtown and met residents at the Farmers Market. Council Member Lundgren: Attended the Council workshop to discuss 5th Street landscaping, Metropolitan Airports Commission open house and Washington County Commissioners meeting concerning Tartan Park. Stated that the Farmers Market is going well and has begun holding drawings. Thanked Public Works Director Bouthilet for installing AEDs and plaques. Asked residents for input on a possible dog park in the city. Council Member Bloyer: Attended the Metropolitan Airports Commission open house. Thanked all those who have helped organize Tri Lakes swimming lessons. Council Member Smith: Met with a resident interested in having a dog park in the city. Fielded calls on the cemetery and wedding venue proposals. I\{et with County Commissioner Gary Kriesel and would like to assist the Mayor with preserving Tartan Park as a park versus allowing it to become cerpo Council Member Fliflet: Attended the Library Board meeting and was impressed by the library and its staff. Worked on the Interim Administrator contract. PUBLIC COMMENTS /INOUIRIES City Clerk Johnson read a letter from City Staf Neil Kmeger, 4452 Lake Elrno Avenue North, as. -ed for a respectful meeting and would like the city to move fonvard. Deb Krueger, 4452 Lake Elmo Avenue North, spoke about civility and asked the council and citizens for respectful conversations. LAKE ELMO CITY COUNCIL MINUTES July 21, 2015 PRESENTATIONS None FINANCE CONSENT AGENDA 5. Approval of Interim City Administrator Contract 6. Approve Payment of Disbursements 7. Accept Building Report dated June 30, 2015 8. Accept City Assessor Report dated June 30, 2015 MOTION: Member Flifiet moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 9. Zoning Text Amendment — Subdivision Identification Signs, Ordinance 08-124 10. Zoning Text Amendment — Accessory Building Setbacks in Urban Residential Districts, Ordinance 08-125 10.5 Approve Cable Commission Updated Policies and Procedures 12. Stormwater Drainage Improvements — Approve Ditch Cleaning at 8690 & 8702 Ironwood Tr. N. MOTION: Council Member Flifler moved TO REMOVED ITEMS 9 AND 10 FROM THE CONSENT AGENDA FOR DISCUSSION Mayor Pearson seconded the motion. MOTION PASSED 5-0. ITEM 9: ZONING TEXT AMENDMENT — SUBDIVISION IDENTIFICATION SIGNS, ORDINANCE 08-124 City Planner Klatt explained that in an effort to clarify the city code, the development community was asked for input on the size and number of subdivision identification signs that should be permitted, with very mixed responses received. MOTION: Mayor Pearson moved TO ADOPT ORDINANCE 08-124. Motion died for lack of a second. Discussion held concerning the size of the signs. Community Development Director Klatt suggested further review by the Planning Commission to provide input on sign size. MOTION: Councilrnember Flifiet moved TO SEND THE PROPOSED ORDINANCE 08-124 BACK TO THE PLANNING COMMISSION FOR FURTHER DISCUSSION WITH DIRECTION THAT THE CITY COUNCIL PREFERS A MAXIMUM SIGN SIZE OF 24 SQUARE FEET. Councilmember Smith seconded the motion. MOTION PASSED 4 — L (Bloyer — Nay) ITEM 10: ZONING TEXT AMENDMENT — ACCESSORY BUILDING SETBACKS IN URBAN RESIDENTIAL DISTRICTS, ORDINANCE 08-125 Community Development Director Klatt reviewed the history of the issue, explaining that 10 foot setbacks are currently allowed in the Rural Residential district, and is a more practical setback for smaller lots in developments. Mayor Pearson moved TO ADOPT ORDINANCE 08-125, REDUCING THE REAR IARD SETBACK FOR DETACHED ACCESSORY BUILDINGS IN THE URBAN RESIDENTIAL Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES July 21, 2015 DISTRICTS FROM 20 FEET TO 10 FEET. Councilmember Bloyer seconded the motion. MOTION PASSED 5 — 0. Mayor Pearson moved TO ADOPT RESOLUTION 2015-58, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-125. Councilmember Bloyer seconded the motion. MOTION PASSED 5 — 0. Councilmember Fliflet moved TO APPROVE THE CONSENT AGENDA. Councilmember Smith seconded the motion. MOTION PASSED 5 — O. REGULAR AGENDA 11. PRESENTATION OF 2015A BOND ISSUANCE RESULTS. RESOLUTION #2015-57 Tammy Omdahl of Northland Securities presented the results of the sale of City bonds. 8 bids were received and all were very favorable given the higher interest rate environment compared to rates when the sale was approved. Councilmember Flillet moved TO APPROVE RESOLUTION NO. 2015-57 AWARDING THE SALE, PRESCRIBING THE FORMAND DETAILS AND PROVIDING FOR THE PA)MENT OF $2,815,000 GENERAL OBLIGATION BONDS, SERIES 2015A. Councilmember Lundgren seconded the motion. MOTION PASSED 5 — 0. 13. TH36 AND HIGHLANDS TRAIL — REOUEST FOR STREET LIGHT SAFETY IMPROVEMENT City Engineer Griffin reported that a resident has requested a street light at the intersection of Highway36 and Highlands Trail to improvement visibility and safety. Staff supported the request and obtained a quote from Xcel Energy for the installation of a street light in the amount of 51,906. Councilmember Filflet asked if the neighboring property owners had been notified of the potential installation of a street light. Councilmember Lundgren moved TO APPROVE THE INSTALLATION OF A STREET LIGHT AT THE INTERSECTION OF TH36 AND HIGHLANDS TRAIL, CONTINGENT UPON NOTIFICATION OF ADJACENT PROPERTY OWNERS AND NO OBJECTIONS. CounciImember Fllilet seconded the motion. MOTION PASSED 4 — 1. (Bloyer —Nay) 14. DIEDRICH PROPERTY TOWNHOUSES (LENNAR) — PRELIMINARY PLAT Community Development Director Klatt presented the proposal for a new subdivision on approximately 15 acres just north of Hunters Crossing on Lake Elmo Avenue. Klatt reviewed the Planning Commission recommended conditions of approval, noting additions were made to the conditions for clarification. Tree preservation, proposed outlots and parks were discussed. Len Pratt spoke on behalf of the land owners, describing the target market for the townhomes and offering suggestions for a passive park area in the development. - t>, . Mayor Pearson ino-ved TO ADOPT RESOLUTIOIV -56APPROVING THE LENIVAR DEIDRICH TOWNHOUSES PRELIMINARY PLAT WITH 16. CONDITIONS OF APPROVAL AS AMENDED. Councilmember Bloyer seconded the motion. MOTION PASSED 4 — (Rifler — Nay) Page 3 of 5 LAKE ELMO CITY COUNCIL MINUTES July 21, 2015 15. EAST VILLAGE TRUNK SEWER UPDATE Cit-v Attorney Snyder reported on a request from the developer to delay sewer construction that has been withdrawn. Snyder advised that there may be a request in the future for an extension of time to complete the project. Meeting recessed at 8:34 pm and reconvened at 8:40 pm. 17. HALCYON CEMETERY PRELIMINARY AND FINAL PLAT Community Development Director Klatt reviewed the request for approval of a preliminary and final plat for a cemetery located at 11050 50th Street North and reported on the six conditions on the Planning Commission recommendation for approval. The applicant, Mr. Lee Rossow addressed the Council and provided background information on the project. M_r. Rossow explained the proposed site improvements and anticipated operations of the cemetery and conversion of the existing single fatnily home to offices, caretaker living quarters, and a facility to hold gatherings and services. Susan Dunn, 11018 Upper 33rd Street N., asked when cemeteries were added to the Cornp Plan and stated they were not allowed under the old Ordinance. Dunn added that there was a pet crematorium in the City in the past and it was a problem. Dunn also commented on the tax exempt status of cemeteries. Kristy Roberts, 11165 50th Street N., stared she purchased her home two and an half years ago because she wanted to be in a rural residential area with her six children and never imagined a commercial property across the street. Ms. Roberts expressed concern over property values if this application is approved. Saxe Roberts, 11165 50th Street N., stated that the rural residential intended use is for single family homes on a large lots and questioned how a commercial parking lot is allowed in that zone. Mr. Roberts expressed concern over the operation of the cemetery and the lack of park dedication funds from this development. Rebecca Tenpas, 11330 50th Street N., stated her opposition to the application due to it being a commercial venue, noting that it may fit the rules but not the neighborhood. lames Tenpas, 11330 50th Street N., stated that the City needs to protect its rural residential residents and not allow this additional traffic on 50'h Street. Mr. Tenpas stressed that this is a permanent decision. Sadie Tenpas, 11330 50th Street N., voiced opposition to the project, stating that there are environmental and aesthetic consequences, harm to property values, and commercial use in rural residential zone. Ms. Tenpas also expressed concern over long term maintenance and upkeep of the property. Janet Thompson, 11491 50th Street N., stated that the zoning allows this type of use but it does not fit with the neighborhood. Ms. Thompson also stated she is opposed to a business like this that will attract vandals. Richard Hesse, 5235 Kirkwood Ave., read an email he sent to the Councilrnembers and stated that no business should be allowed at this site and stated many concerns regarding the proposal. Deb Krueger, 4452 Lake Elmo Ave., questioned if the Planning Commissioners did their research or were familiar with City codes. Ms. Krueger expressed concern over the care fund at the State of Minnesota and asked the Council to table the request to allow for further research. Community Development Director Klatt read an email fro an Madrinich, 11240 50th Street, expressing opposition to the project. Page 4 of 5 LAKE ELMO CITY COUNCIL MINUTES July 21, 2015 Councilmember Bloyer asked City Attorney Snyder and Community Development Director Klatt for guidance, as he felt the City Council was not comfortable with the proposal. Councilmember Fliflet asked for further definition of "cemetery" and Councilmember Lundgren requested further definition of "funeral honie." Councilmen -Ibex Smith moved TO TABLE THE REQUEST FOR FURTHER CITY REVIEW. Councilmember Fliaet seconded the motion. MOTION PASSED 5 — 0 18. FINAL PLAT, FINAL PUD PLAN AND ZONING MAP AMENDMENT — WILDFLOWER AT LAKE ELMO. ORDINANCE NO. 08-126 Community Development Director Klatt reviewed the request for the first phase of Wildflower at Lake Elmo, noting that no construction can begin until the trunk sewer project is complete. Klatt presented the recommended twelve conditions of approval, plus five additional conditions added by the Planning Commission. Applicant Bob Engstrom addressed questions concerning landscaping, trails and street widths. Street naming was also discussed, with Mayor Pearson questioning the use of unique street names versus using the county system of naming streets. Discussion was also held concerning a request from Jean DuPuis at 11676 Stilhvater Blvd. N., who asked that the proposed grass trail behind her home be eliminated from the plan. Councilmember Smith moved TO ADOPT ORDINANCE 08-126 AlVD RESOLUTION 2015-60 WITH CONDITIONS 1 —16 A1VD RECOGNIZING THERE WILL BE NO GRASS TRAIL ON OUTLOT 0 AND TO CONDITION 16 TO STATE THAT PRIVATE MITIGATION STEPS WILL BE ENFORCED AND THE SOUTHERNMOST STREET WILL BE 18 FEET WIDE VERSUS 24 FEET. Councilmember Fliflet seconded the motion. Mayor Pearson moved TO AMEND THE PRIMARY MOTION TO INCLUDE CONDITION 17 IN THE APPROVAL. Councilmember Bloyer seconded the motion. Motion passed 3 — 2. (Flitlet, Smith — Nay) Mayor Pearson stated that he could not support 18 foot street widths and was concerned about alley maintenance and the amount of asphalt in the development. Councilmember Bloyer also stated that he could not support 18 foot street widths. Vote taken on primary motion. MOTION PASSED 3 — 2. (Pearson, Bloyer — Nay) 19. COUNCIL DRIVEN WORKSHOP FOLLOW UP City Attorney Snyder stated that the Council spoke about dispute resolution at a prior workshop and has continued to express interest in enhancing conversations and working together. Snyder described services offered by the State of Minnesota Dispute Resolution and stated he will work with the Interim City Administrator and City Clerk to facilitate use of those services. Meeting adjourned at 11:08 pm. ATTEST: fuliejohnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Pa Ti IF. CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: August 4, 2015 CONSENT ITEM 3 MOTION AGENDA ITEM: Approve Disbursements in the amount of $753,589.04 SUBMITTED BY: Patty Baker, Accountant THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance 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 POLICY RECOMMENDER: Finance FISCAL IMPACT: $753,589.04 SUMMARY AND ACTION REQUESTED; As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S753,589.04. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page City Council Meeting [Consent Agenda Item 2] August 4, 2015 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 $ 17,229.33 PayrollTaxes to IRS & MN Dept of Revenue 7/23/15 ACH $ 5,795.37 PayrollRetirement to PERA 7/23/15 DD6478-DD6508 $ 36,993.58 Payroll Dated (Direct Deposits) 7/23/15 43130-43184 $ 693,510.76 Accounts Payable 8/04/15 2741 60.00 Library Card Reimbursement 8/04/15 TOTAL S 753,589.04 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 $753,589.04. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: PattyB Printed: 07/29/2015 - 2:55 PM Batch: 011-07-2015 Invoice # Inv Date APPLIANC Appliance Installers of MN 2015-0739 07/27/2015 101-000-0000-11500 Accounts Receivable 2015-0739 Total: APPLIANC Total: Amount Quantity Pint Date Description Reference Task Type PO tt Close POLine I 9.00 0.00 08/04/2015 Refund Overpayment No 0000 19,00 19.00 BATBULBS Batteries Plus Bulbs 032-830573 07/14/2015 12.95 0,00 08/04/2015 Legion Lift Station 602-495-9450-42270 Utility System Maint Supplies 032-830573 Total: 12.95 BATBULBS Total: 12.95 No 0000 BERTELSO Bertclson's OE-401330-1 07/27/2015 351.85 0.00 08/04/2015 Binding Machine No 0000 101-410-1320-42000 Office Supplies OE-401330-1 07/27/2015 32,07 0,00 08/04/2015 Supplies No 0000 101-410-1910-42000 Office Supplies 0E-401330-1 07/27/2015 23.58 0.00 08/04/2015 Supplies No 0000 101-410-1520-42000 Office Supplies 0E-401330-1 Total: 407.50 OE-401354-1 07/27/2015 5.70 0,00 08/04/2015 Call Bell No 0000 101-410-1320-42000 Office Supplies OE-401354-1 07/27/2015 5.70 0.00 08/04/2015 Call Bell No 0000 101-41(1-1910-42(100 Office Supplies 0E-401354-1 Total: I 1.40 BERTELSO Total: 418.90 BIFFS Rift's Inc. W567539-567548 07/22/2015 846,00 0,00 08/04/2015 Portable Restrooms - Parks 101-450-5200-44120 Rentals - Buildings W567539-567548 Total: S46,00 No 0000 Al - To Be Paid Proof List (07/29/15 - 2:55 PN1) Page 1 Invoice # Inv Date RIFFS Total: Amount Quantity Pint Date Description 846.00 Reference Task Type I'O # Close POLine # BOLTONME Bokm & Menk, Inc 177839 (15/14/2015 2,053.50 0.00 08/04/2015 2014.139 39(1) Street 602-495-9450-43030 Engineering Services 177839 Total: 2,053.50 180115 07/17/2015 896.00 0,00 08/04/2015 20 14-131 39th Street 602-495-9450-43030 Engineering Services 180115 07/17/2015 2,998.50 0.00 08/04/2015 2014-131 39(11 Street 602-495-9450-43030 Engineering Services 180115 Total: 3,894.50 180116 07/17/2015 786,00 0.00 08/04/2015 Field Survey Ironwood Trail 409-480-8000-43030 Engineering Services 180116 Total: 786.00 BOLTONME Total: 6,734.00 CARDNIEMB Cardniember Service 6192015 06/19/2015 48.02 0,00 08/04/2015 Personal - gas charges 101-000-0000-11500 Accounts Receivable 6192015 06/19/2015 85.68 0.00 08/04/2015 Holiday 101-420-2220-44300 Miscellaneous 6192015 06/19/2015 1,298.00 0.00 08%04/2015 Equipment for new ladder 404-480-8000-45500 Vehicles 6192015 06/19/2015 36.00 0.00 08/04/2015 Dotninos - staff meeting I 01-410-1320-44300 Miscellaneous 6192015 06/19/2015 370.00 0.00 08/04/2015 CA FR 101-410-1520-43010 Audit Services 6192015 06/19/2015 43.15 0.00 08/04/20 15 Kwik Trip 1(11-420-2400-42120 Fuel, Oil and Fluids 6192015 06/19/2015 33.53 0.00 08/04/2015 Parking, meal 101-410-1320-44300 Miscellaneous 6192015 06/19/2015 16.02 0.00 08/04/2015 Audible 101-410-1320-44300 NI iscel laneous 6197015 06/19/2015 11.98 0.00 08/04/2015 Hagbergs 101-410-104044300 Miscellaneous 6192015 Total: 1,947.38 CARDMEMB Total: 1,947.38 CAROU EST Car Quest Auto Parts 2055-353631 07/14/2(115 17.48 0,00 08/04/2015 Supplies 101-430-3100-44010 Repairs/Maint Bldg 2055-35363 I Total: 17.48 AP - To Be Paid Pr -of List (07/29/15 - 2:55 PM ) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No ONO No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 lnrv|,o# Yxv Wo,, 2055'354337 07/22/2015 101-430-310044040 Kqmirs/MnixEUt 2055-354337 Total: CAK0UFSTT"mL CENTUnYLCc"uxyLink 0192015 07/19/2015 200450-5300-43210 Tdqhn"c 6192015 07/19/2015 I06'450'500~43250 |otenut 61v2015 Tom|: CTY0AKDACity v[Oakdale 201507144785 07/14/2015 101'420-2220-44040 Kvno\m4Noi"t Eqpt 201507144785 Total: C'F)'OA-KDA Total: CTY0AKDyCity o[0okdu|c 20150723489 07/23/2015 602495'945042270 Utility System Nuiu,S"ppUo, 201507234809 Tuut CTY0A0}PT^m|: CT\KO3EvCity o[Roseville I20479 07/27/2015 I20479 T^mL 2,951.42 220503 07/27/2015 107�64 101-410'132043210 Tr|cyh"n^ Hefereuce 2}2.54 230,02 12846 0.00 08N4/2015 Phone Service Library })5.O0 K0O 08N4/2015 Internet Service Library 243.46 243,46 \72.42 77328 77123 101420-240043210 Telephone 220503 V7/27/2015 101-410'145043210 Telephone I20503 07/27/2015 101-410-1930-*3210 Te|qr|.m`r 220503 07/27/2015 101-410-152043210 Telephone 220500 07/27/2015 101-410-1910-43210 Telephone 0,00 08/04/2015 0.00 08/04/2015 0.00 08x4/2015 0.00 08/04/2015 0.00 08/04/2015 Telephone 'Adm{v Telephone 8o\idivg Telephone 'Communication Telephone 'Engineering Telephone 'Finance Telephone - Planning No No No No No Invoice # Inv Date Antonia Quantity Pint Date Description Reference Task Type PO # Close POLine # 220.503 07/27/2015 224.65 0.00 08/04/2015 Telephone - PW 101-430-3100-43210 Telephone 220503 Total: 464.44 CTYROS EV Total: 3,415.86 CTYSTPAU City or St. Paul 3802 07/09/2015 196.53 0.00 08/04/2015 Asphalt 101-4.30-3120-42240 Street Maintenance Materials 3802 Total: 196„53 CTYSTPAU Total: 196,53 DPCINDUS DPC Industries, Inc. 827001074-15 07/08/2015 400.08 0.00 08/04/2015 Hydrofluorosilicic Acid 601-494-9400-42160 Chemicals 827001074-15 Total: 400,08 DPCINDUS Total: 400.08 DRESSER Dresser Trap Rock. Inc (>1683 07/21/2015 1,194.11 0.00 08/04/2015 Chips 101-430-3120-42240 Street Maintenance Materials 91683 Total: 1,194.1 I DRESSER Total: 1,194. I 1 FOCUS Focus Engineering. Inc. 2059-2063 07/25/2015 749.50 OM 08/04/2015 Building 101-420-2400-43030 Engineering 2059-2063 07/252015 337.50 0.00 08/04/2015 PW 101-430-3100-43030 Engineering Services 2059-2063 07/25/2015 2,678.25 0.00 08/04/2015 General 101-410-1930-43030 Engineering Services 2059-2063 07/25/2015 1,891.55 0.00 08/04/2015 Planning I 01-410-1910-43030 Engineering Services 2(159-2(163 Total: 5,656.80 2064 07/25/2015 59.00 0.00 08/04/2015 Water 601-494-9400-43030 Engineering Services 2064 07/25/2015 278.60 0.00 08/04/20 I 5 Sewer 602-495-9450-43030 Engineering Services 2064 07/25/2015 1,142.00 0.00 08/04/2015 Surface Water 603-496-9500-43030 Engineering Services 2064 Total: I ,479.60 2(165 07/25/2015 688.50 0.00 08/04/2015 Transportation & Traffic 409-480-8000-43030 Engineering Services AP - To Be Paid Pro4 List (07/29/15 - 2:55 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No (1000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 4 In% nice ti inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 2065 07/25/20 I 5 320.25 0,00 08/04/2015 Street Maintenance No 0000 409-480-8000-43030 Engineering Services 2065 07/25/2015 230,00 0.00 08/04/2015 Municipal Aid System No 0000 409-480-8000-43030 Engineering Services 2065 07/25/2015 298.00 0,00 08/04/2015 Capital improvement No 0000 409-480-8000-43030 Engineering Services 2065 Total: 1,536.75 2066 07/25/20 15 379.00 0,00 08/04/2015 Production Well 4 No 0000 601-494-9400-43030 Engineering Services 2066 Total: 379.00 2067 07/25/2015 88.30 0.00 08/04/2015 Section 34 Water No 0000 601-494-9400-43030 Engineering Services 7067 07/25/2015 132.45 0.00 08/04/2015 Section 34 Sewer No 0000 602-495-9450-43030 Engineering Services 2067 Total: 220.75 2068 07/25/2015 745.38 0.00 08/04/2015 CSAH 15 Corridor No 0000 602-495-9450-4303(1 Engineering Services 2068 Total: 745.38 2069 07/25/2015 200.00 0.00 08/04/2015 Pumphouse 4 No 0000 60 I -494-9400-43030 Engineering Services 2069 Total: 200.00 2070 07/25/2015 3,828.33 0,00 08/04/2015 LE Ave Trunk Watermain No 0000 6(11-494-9400-43030 Engineering Services 2070 Total: 3,828.33 2071 07/25/2015 6,376.50 0.00 08/(14/2015 LE Ave Corridor No 0000 409-480-8000-43030 Engineering Services 2071 Total: 6.376,50 2072 07/25/2015 20650 0,00 08/04/2015 State Highway 36 No 00 1 409-480-8000-43030 Engineering Services 2072 Total: 206.50 7073 07/25/2015 1,301.55 0.00 08/04/2015 Inwood Booster No 0000 60 I -494-9400-43030 Engineering Services 2073 Total: 1,301.55 2074 07/25/2015 140.00 0.00 08/04/2015 Inwood Trunk Watermain No 0000 601-494-9400-43030 Engineering Services 2074 Total: I 40.00 2075 07/25/20 15 1,618.00 0.00 08/04/2015 39th Street No 0000 409-480-8000-43030 Engineering Services 2075 Total: 1,618.00 2076 07/25/2015 2, I 79.06 0.00 08/04/2015 2015 Seal Coat No 0000 409-480-8000-43030 Engineering Services 2076 Total: 2,179.06 2077 07/25/2015 3,716.00 0.00 08/04/2015 Eagle Point Blvd St No 0000 409-480-8000-43030 Engineering Services 2077 Total: 3,716,00 AP -To Be Paid Proof List (07129/)5 - 2:55 PM) Page 5 |"vvi,r# lvr Ru', 2078 07/25/2015 510.00 0.00 08/04/2015 Lo`om|Y4Corridor 803'00K-0000-22910 D,vo|vperPnyncmx 2078 Total: 510x0 2079 07/25/2015 11,48649 0.00 08m4/2015 Boulder Ponds m03-0x-/x00'229|0 Developer Payments 2079 Total: 71,486.49 2080 07/25/2015 285�25 o1w 08x4/2015 Hunters Crossing 803'000-000/'22910 Developer Payments 2080 Total: 28l25 2081 07/25/2015 2.70/0 0.00 08/04/2015 \vUdOvve, 803'000'0000'22910 Dr,dvpoP^rneo'x ZVx| TouL 2.701 05 2082 07/25/2015 1.05&50 0,00 08/04/2015 Village Preserve 803'000'0000`22910 Developer Payments 2082 Total: 1.058,50 2083 07/25/2015 1670|U 0,00 0804/2015 Easton Village 80'00/'0000'22910 Developer Payments 2083 Total: 3.670.10 2084 07/25/2015 42,88 Vlm 08/04/2015 KwikTrip 803'000'0000'22910 Vcvo(v,crPxymou` 2084 Total: 42M 2085 07/25/2015 8.870J6 0,00 08x4/2015 SovvnnnU 803'000'000-22910 Developer Payments 2085 Total: 8,870.50 2086 07/25/2015 10.90185 0.00 VDN4/2015 Hans Hagen 803'000'0000'22910 Devo|vyv,Poy"px/, 2086 Total: 10,903.85 2087 07/25/2015 737.50 000 08N4/20|5 Halcyon Cemetery 803'000'0000'22910 Dc,d"|.r,ynyn/cou 2087 Total: 73T50 2088 07/25/2015 298.00 0.00 08m4/2015 Diedrich 'Koidv,'Lvonu, 803'000'0000'22910 Developer Payments 2088 Total: 298.00 IVyv 07/25D0/5 2.652,10 0.00 08/04/2015 K"xteaCnsninp|| 803'000-0000-22910 Developer Payments 2089 Total: 2.652.10 2090 07/25/2015 9.257]3 VM/ 08X04/2015 SnvnonxU| 803'000-000'22910 Developer Payments 2090 Tn/u|: 3,25733 2091 07/25/2015 147,50 0M 08m4/2015 Auto Owners Building 808'000'0000'22910 D,,v|opc,l'oyo/co* 2091 Tmni 147�50 2092 07o5/2015 59o0 0.00 08/04/2015 Legends 0P(Lnndmci) No 0000 No Nmo No 0000 Mn UVVV No 0000 No 0000 No U0W/ No 0000 No V(m0 No (mV0 No VoVV No 0000 No 0000 No NmV No 0000 Invoice # Iti‘ Dale Amount Quantity Pint Date Description Reference Task. Type l'O /-1 Close l'Otine # 2092 07/25/20 15 111.00 0.00 08/04/2015 1SD 916 Eagle Point School No 0000 803-000-0000-229 I 0 Developer Payments 2092 Total: 170.00 FOCUS Total: 76,375,33 GEISLING Geislinger & Sons, INC Pay Request 6 07/28/2015 28,206.94 0.00 08/04/2015 39th Street North No 0000 602-495-9450-43030 Engineering Services Pay Request 6 07/28/2015 6,586.79 0.00 08/04/2015 39th Street North No 0000 601-494-9400-43030 Engineering Services Pay Request 6 (17/28/2015 80,902.26 0.00 08/04/2015 39th Street North No 0000 409-480-8000-43030 Engineering Services Pay Request 6 Total: 115,695.99 GEISLING Total: 115,695,99 GKSERVIC G&K Services 1182200409 07/15/2015 36.84 0.00 08/04/2015 Uniforms No 0000 101-430-310(1-44170 Uniforms 1182200409 °tota1: 36.84 1182211680 07/22/2015 36.84 0.00 08/04/2015 Uniforms No 0000 I 01-430-3100-44170 Uniforms 1182211680 Total: 36,84 1)82223021 07/29/2015 36.84 0,00 08/04/2015 Uniforms No 0000 101-430-3100-44170 Uniforms 1182223(121 Total: 36.84 GKSERVIC Total: 110.52 GREATAM Great America Financial 17277117 07/16/2015 571.76 0,00 08/04/2015 Copier maintenance No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt 17277117 Total: 571.76 GREATAM Total: 571,76 FIACI1 HACH Company 9427288 06/17/2015 466,26 0.00 08/04/2015 Flouride No ONO 601-494-9400-42160 Chemicals 9427288 Total: 466.26 HACH Total: 466.26 Al - To Be Paid Proof List (07129/15 - 2:55 PM) Page 7 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # HOLIDAYC Holiday Credit Office 07/15/2015 I 44.64 0.00 08/04/2015 Fuel No 0000 I 01-420-2220-42120 Fuel, Oil and Fluids Total: 144.64 HOL1DAYC Total: 144.64 1IYDRO Hydromethods 201507508 07/10/2015 135,00 0,00 08/04/2015 Savonna III - Stomma ter No 0000 803-000-0000-22910 Developer Payments 201507508 07/29/2015 360.00 0,00 08/04/2015 Diedrich-Reider Lennar No 0000 803-000-0000-22910 Developer Payments 201507508 Total: 495.00 HYDRO Total: 495,00 INNOVAT Innovative Office Solutions 850198 07/22/2015 48,19 0.00 08/04/2015 Paper & Supplies No 0000 101-410-1910-42000 Office Supplies 850198 07/22/2015 47.12 0,00 08/04/2015 Paper & Supplies No 0000 101-410-1320-42000 Office Supplies 850198 07/22/2015 41.50 0.00 08/04/20 15 Paper No 0000 101-410-1520-42000 Office Supplies 850198 07/22/2015 41.50 0,00 08/04/2015 Paper No 0000 101-430-3100-42000 Office Supplies 850198 Total: 178,31 INNOVAT Total: 178.31 I V ERSONR Iverson Reuvers Condon 10288 05/12/2015 3,027.85 0.00 08/04/2015 Legal Services No 0000 101-410-1320-43040 Legal Services I 0288 Total: 3,027.85 10362 06/12/2015 2,020,85 0.00 08/04/2015 Legal Services No 0000 I 01-410-1320-43040 Legal Services 10362 Total: 2,020.85 1VERSONR Total: 5,048.70 JOIINNICK Johnson Nick 07/29/2015 33.12 0.00 08/04/2015 Mileage for June and July 2015 No 0000 101-410-1910-43310 Mileage "Iota!: 33.12 JOHNN1CK Total: 33.12 AP - To Be Paid 1,-4 List (07/29/15 - 2:55 PM) Page 8 Invoice # Inv Date Amount Quantity Pint Dale Description Reference Task Type PO Close POLine # kathluel Katli Fuel Oil Service Co 519643 07/17/2015 1,768.73 0.00 08/04/2015 Fuel 101-430-3100-42120 Fuel, Oil and Fluids 519643 Total: 1,768.73 519644 07/17/2015 974.65 0.00 08/04/2015 Fuel 101-430-3100-42120 Fuel, Oil and Fluids 519644 Total: 974.65 kathfuel Total: 2,743.38 KINGK King Kassidy Cable 07/21/2015 55.00 0.00 08/04/2015 CCM 7/21/15 101-410-1450-43620 Cable Operations Cable Total: 55.00 K1NGK Total: 55.00 MENARDSO Mcnards - Oakdale 31695 07/10/2015 82.45 0.00 08/04/2015 Sanctuary 404-480-8000-44030 Repairs/Maint Imp Not Bldgs 81695 Total: 82.45 8 I 726 07/10/2015 47.98 0.00 08/04/2015 Equipment for ladder 410-480-8000-45500 Vehicles 81726 Total: 47,98 81974 07/14/2015 239.68 0.00 08/04/20 I 5 Sanctuaiy - gaga pit 404-480-8000-44030 Repairs/Ivlaint Imp Not Bldgs 81974 Total: 239.68 81975 (17/14/2015 35.73 0.00 08/04/2015 Sanctuary - gaga pit 404-480-8000-44030 Repairs/Maint lmp Not Bldgs 81975 07/14/2015 10.00 0.00 08/04/2015 boot spray 101-450-5200-42150 Shop Materials 81975 Total: 45.73 82225 07/16/2015 43.40 0.00 08/04/2015 Maintenance supplies 101-450-5200-44030 Repairs/Main) Imp Not Bldgs 82225 Total: 43.40 82677 07/22/2015 34.55 0.00 08/04/2015 Shop supplies 101-450-5200-42150 Shop Materials 82677 07/72/2015 106.43 0.00 08/04/2015 Backpack Sprayer 101-450-5200-42400 Small Tools & Minor Equipment 82677 Total: 140.98 82743 07/73/2015 19.98 0.00 08/04/2015 Equipment for ladder 4 10-480-8(10(1-45500 Vehicles 82743 Total: 19.98 82835 07/24120 15 17.75 0.00 08/04/2015 Shop supplies 101-450-5200-42150 Shop Materials 82835 Iola!: 17,25 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 00(0) AP - To Be Paid Proof List (07129/15 - 2:55 PM) Page 9 Invoice # Inv 1)a te Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # MENARDSO Total: 637.45 ENARDST Menards - Stillwater 69539 07/21/2015 179,80 0,00 08/04/2015 Tools 410-480-8000-45500 Vehicles 69539 Total: 179.80 69629 07/21/2015 -16.99 0,00 08/04/2015 Return 410-480-8000-45500 Vehicles 69629 Total: -16.99 MENARDST Total: 162.81 MIDFIYDRA Midwest Hydraulic 3374 07/20/2015 210,00 0.00 08/04/2015 Equipment repair 101-430-3120-44040 Repairs/Maint Eqpt 3374 Total: 210.00 MIDHYDRA Total: 210,00 1\, INS ECRET Minnesota Secretaty of State 07/21/2015 120,01) 0.00 08/04/2015 Notary Fees - Julie Johnson 101-410-1320-44330 Dues Ri Subscriptions Total: 120,00 MNSECRET Total: 120.00 MOGREN LA Mogren Landscaping 233757 07/21/2015 41.00 0.00 08/04/2015 Sanctuary 404 -480-8000-44030 Repairs/NA ant Imp Not Bldgs 233757 Total: 41.00 MOGRENLA Total: 41.00 NAPA NAPA Auto Parts 845159 07/21/2015 2.49 0,00 08/04/2015 Light 101-420-2220-44040 Repairs/Maint Eqpt 845159 Total: 2,49 NAPA Total: 2.49 NORTHTOO Blue Tarp Financial 4042010752 07/10/2015 189,99 0.00 08/04/2015 Truck Crane 101-430-3120-42210 Equipment Parts 4042010752 Total: I 89,99 AP - To Be Paid Proof List (07/29/15 - 2:55 PM No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine NORTHTOO Total: 189.99 PEARSON Pearson Bros, Inc. Final 07/29/2015 51,754,12 0.00 (18/04/20)5 West Lakeland Portion 2015 Seal Coat No 0000 101-000-0000- I 1500 Accounts Receivable Final Total: 51,754.12 Final - B 07/29/2015 140,800.44 0.00 08/04/2015 Lake Elmo 2015 Seal Coat No 0000 409-480-8000-43030 Engineering Services Final - B Total: 14(1,800.44 PEARSON Total: 192,554.56 RCM RCM Specialties, Inc 5007 07/13/21)15 272.00 0.00 08/04/2015 Emulsion No 0000 I 01 -430-3120-4224(1 Street Maintenance Materials 5007 Total: 272.00 5019 07/16/2015 351.50 0.00 08/04/2015 Emulsion No 0000 10 I -430-3120-42240 Street Maintenance Materials 5019 Total: 351.50 5029 07/21/20 15 167.75 0.00 08/04/2015 Emulsion No 0000 101-430-3120-42240 Street Maintenance Materials 5029 Total: 167.75 5034 07/23/2015 315.75 0.00 08/04/2015 Emulsion No 0000 I 01-430-3120-42240 Street Maintenance Materials 5034 Total: 315.75 RCM Total: 1,107.00 REGIONS Regions Hospital 76 I I 199 07/20/2015 2,100.00 0.00 08/0412015 EMS Training contract renewal No 0000 101-420-2220-4437(1 Conferences & Training 7611 I 99 Total: 2,100,00 REGIONS Total: 2,100,00 SPRINT Sprint 761950227-144 07/18/2015 68.77 0.00 08/04/2015 Cell phones - Admin No 0000 101-410-1940-43210 Telephone 761950727-144 07/18/2015 249.07 0.00 08/04/2015 Cell phones - Fire No 0000 101-420-2220-43210 Telephone 761950227-144 07/18/2015 49.12 0.00 OS/04/2015 Cell phones - Building No 0000 101-420-2400-43210 Telephone 761950717-144 07/18/2015 95.54 (1,00 08/04/2015 Cell phones - PW No 0000 101-430-3100-43210 Telephone AP - To Be Paid Proof List (07/29/)5 - 2:55 PM) Page II Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 76195(1227-144 07/18/2015 96.29 0.00 08/04/2015 Cell phones - Parks 101-450-5200-43210 Telephone 761950227-144 07/18/2015 62.30 0.00 08/04/2015 Cell phones - Taxpayer Services 101-410-1450-43210 Telephone 761950227-144 07/18/2015 16.62 0.00 08/04/2015 Cell phones - PLanning I 01-410-1910-43210 Telephone 761950227-144 Total: 637.71 SPRINT Total: 637.71 SR_FCONSU SRF Consulting Group, Inc Task order I 07/20/2015 409-480-8000-43030 Engineering Services Task order 1 Total: SRFCONSU Total: No 0000 No 0000 No 0000 708.90 0.00 08/04/2015 State Highway 36 Frontage Road No 0000 708,90 708.90 STCROIXR St. Croix Recreation Co. 18564 (17/16/2015 620.00 0.00 08/04/2015 Gaga ball brackets 404-480-8000-44030 Repairs/NI aint Imp Not Bldgs 18564 Total: 620.00 STCROIXR Total: 620.00 TELEMETR Telemetry & Process Controls 103137 07/27/2015 601-494-9400-45800 Oilier Equipment 103137 Total: TELEMETR Total: TKDA TKDA, Inc. 2015001961 07/08/2(115 409-480-8000-43030 Engineering Services 20I5001961 Total: TKDA Total: 1,605.00 0.00 08/04/2015 Well No 4 1,605.00 1,605,00 1,700.43 (1.00 08/04/2015 Eagle Point Blvd Street I ,700.43 1,700.43 No 0000 No 0000 No 0000 TMOBFLE T Mobile 947226095 07/11/2015 21,34 0,00 08/04/2015 SCADA Line No 0000 601-494-9400-43210 Telephone 947226095 Total: 21.34 TMOBILE Total: 21.34 Al' - To Be Paid Proof List (07/29/15 - 2:55 PM) Page 12 Invoice # Inv Date TOO LGUY The Tool Guy, LLC 6879 07/28/2015 101-430-3100-42400 Small Tools & Minor Equipment 6879 Total: 'I'OOLGUY Total: TRISTATE Tri State Bobcat. Inc. 8I7815 07/01/2015 101-430-3 120-43150 Contract Services S17815 Total: TRISTATE Total: Amount, Quantity Pint Date Description Reference Task Type P o # Close POLine 68.15 0,00 08/04/2015 Tools No 0000 68.15 68.15 1,950.00 0.00 08/04/2015 Plate compactor No 0000 1,950.00 1,950.00 \/ ER IZON Yerizon Wireless 9748840923 07/1(1/2015 35.01 0,00 08/04/2015 \Vireless charges No 0000 101-420-2220-43210 Telephone 974884(1923 Total: 35,01 V ER IZON Total: 35.01 WAS-SHER Washington County 81628 07/20/2015 101-420-2100-43150 Law Enforcement Contract 81628 Total: \VAS-SHER Total: WASHCONS Washington Conservation Dist, 3202 07/15/2015 603-496-9500-44370 Conferences & Training 3202 Total: WASHCONS Total: Whiteani White Anita Cable 07/21/2015 101-410-1450-43620 Cable Operations Cable 07/21/2015 101-410-1450-43620 Cable Operations Cable Total: Whiteani Total: Report Total: 262,610.87 0.00 08/04/2015 Jan - June 2015 Police Services 262,610.87 262,610.87 556.25 0.00 08/04/2015 2nd oC 4 Innings Shared Educator 556,25 556.25 55.00 0.00 08/04/2015 CCM 7/21/15 25,00 0,00 08/04/2015 CCM 7/21/15 - Bonus 80.00 80.00 686,240,96 No 0000 No 0000 No 0000 No 0000 Al' - To Be Paid Proof List (07/29/15 - 2:55 PM) Page 13 Accounts Payable To Be Paid Proof List User: PaityB Printed: 07/29/2015 - 3:05 PM Batch: 012-07-2015 Invoice ti Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine DELTA Delta Dental Of Minnesota 6097498 07/15/2015 1,5 I 1.80 0.00 08/04/2015 August Premium No 0000 I 01-000-0000-21 706 Medical Insurance 6097498 Total: 1,5 11.80 DELTA Total: 1,5 I 1.80 FUNTINIE Funtime 818 5/05/2015 250.00 0.00 08/04/2015 August Outreach Program No 0000 206-450-5300-42500 Library Collection Maintenance 818 Total; 250.00 FUNT1ME Total: 250.00 LEASSOC Lake Elmo Associates, LLP Aug15 08/01/2015 2,461.00 0.00 08/04/2015 August Rental No 0000 101-410-1940-44120 Rentals - Building Aug15 Total: 2,461.00 LEASSOC Total: 2,461.00 NUP ERS 566200-NCPERS Minnesota 5662815 07/22/2015 96.00 0.00 08/04/2015 August Premiums No 0000 101-000-0000-21708 Other Benefits 5662815 Total: 96.00 NCI'ERS Total: 96.00 RABOIN Raboin Daniel Aug 08/04/2015 2,500.00 0.00 08/04/2015 August Monthly Installment No 0000 101-410-1320-43100 Assessing Services Aug Total: 2,500,00 RABOIN Total: 2,500,00 AP - To 13e Paid Proof List (07/29/15 - 3:05 PM) Page 1 Invoice 4 Inv Date STCROFES St. Croix Festival Theater 07/29/2015 206-450-5300-42500 Library Collection Maintenance Total: STCROFES Total: AMOUllt Quantity Pint Date Description Reference Task Type PO # Close POLine # 150.00 0,00 08/04/2015 August Outreach Program No 0000 150.00 150.00 VOLFIRE Volunteer Firefighter's Assn 07/23/2015 268.00 0.00 08/04/2015 Renewals No 0000 101-420-2220-44330 Dues & Subscriptions 07/23/2015 33.00 0.00 08/04/2015 3 new members No 0000 101-420-2220-44330 Dues & Subscriptions Total: 301,00 VOLFIRE Total: 301.00 Report Total: 7,269.80 AP - To 13e Paid Proof List (07/29/15 - 3:05 PM) Page 2 THE cav or KE FL MO AYOR & COUNCIL CO UNICATION DATE: August 4, 2015 CONSENT ITEM #4 MOTION AGENDA ITEM: June 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 Motion ..... ...... ............................ ..... ........... Mayor Facilitates POLICY REco.mmENp: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the June 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 Elrno 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 June 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Bud et. -- page 1 -- City Council Meeting August 4, 2015 GENERAL FUND: Revenues: [Consent Agenda Item #.3] Total revenue for the month was 22% below budget for the month bringing the year to date total revenue to 5.3% below budget. The most significant budget to actual revenue variances are as follows: Building Permit revenue was 41 .2% above budget for the month and 36.8% below budget on a year to date basis. The budget was compiled for the full year only and the amount shown for the month ofJune is 1/12'1' of the total budgeted for the year. This represents 7 new home starts in June compared to the budgeted 11 new home starts per month. The year to date new home starts is at 45, of which 7 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 perrnits in the month ofJune. Utility Perrnit revenue for the month was 98% above budget due to the new development activity generating more permit revenue than budgeted. Expenses: Total expenses for the month were 29.8% lower than budget bringing the year to date expenses to 13.7% less than budget. All departments continue to manage to the bottom line. The following summarizes variances of note: General: • 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 46.7% below budget for the month and 39.6% below budget year to date primarily due to the building permit volume being below the level anticipated in the plan. As a result, the contracted inspector continues to be utilized until the pen -nit volume ramp up to a level justifying a staff addition. • Streets — the 2015 budget anticipated that the 2015 seal coating and crack filling projects would be completed in June. Some expenses have been processed but the project is still underway and the variance is a timing issue. In summary, 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 City Council Meeting [Consent Agenda Item #3] August 4, 2015 continue to be less than budgeted and the net income through June is 17% better than budget due to everyone managing to the bottom line. LIBRARY FUND: Revenues: Revenues for the month and year to date far exceeded budget as recovering the delinquent rent from a prior tenant of $15k. Expenses: Expenses for the month of June were within 1% of budget for the month. to date basis, expenses were 17% less than budget. On a net income basis, the June results are 100% better than budgeted primarily collection of the delinquent tenant rent. This brings the year to date results to 33% budgeted. The ending June cash balance in the library fund is $133.2k. a result of On a year due to the better than RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached June Financial Report. ATTACHMENT: 1. June Financial Reports -- page 3 -- 420 - PCB! IC S. 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NI 4.,;,' 141.I'r 44,1 - 0[11 FINANCIM; 2i1ii4l2lii,1111 nAlir, ',,iiii ...!;.1..1 44 9,tioi,tio 1111 -.1'' 4:::1'.101 ti , 4,!.-:5,1r:,.., i4„11011.4411 411_91..,„, I ,, , „. 1,141 ..,:a i I ,4“; 4.4 1 ,,iIIIIII IMF 4'1_19" „ 1.11i Ill ..,- .1--_,,1 7.,4,1111_t44) 11,11101, 1.4';$1 ,-'5, itt. [rooftop) omit. „,. .,Iiii -4,911,1 ,-,,:,,, :1:,_ _.:,74J 11 2461,(LIki 11./9„,1111.1011 _11,9.P.`,, 1.1.,4491,111) 7,73573 5,1041,27 it or\ 1. 4-.‘1= \ I I 1)44. I 4, .1,-,.4)44,4_41(144_ 414244" 44.44,673.94 447,417,43_, 4,4=1 100301. lt,114)C111,;45 34_51.4 V4) 44k.„ t1-.246,0:,4.9411 I 1,0o.2164.92 21.5,14104 I'IV, 4: 1114 74,10+3. 1,..:11i,176,94,. .1010104.921 RAO (4011.44, L44,114_9(10 2111411.11,411„. I I 1 AY CO C C• U AGENDA ITEM. Approve Auditor Contract extension SUBMITTVD BY: Cathy Bendel, Finance Director THROUGH. Cathy Bendel, Finance Director REV I ENV ED 13 N' Finance Committee CAT DATE: August 4, 2015 CONSENT ITEM #5 MOTION SEX', T.D ORDER OF BUSINESS: - Introduction of Item ..... Interim City Administrator - Report Presentaiioii terim City Administrator - Questions from Council to Mayor Facilitates Call for Motion Mayor & City Council Mayor & City Council Action on Mayor Facilitates POLICY RECOMMENDER: Finance FISCAI, IMPACT: NA ISUMNIARY AND ACTION REOUESTED: As part of its Consent Agenda. the City Council is asked to approve a three year contract extension lor ,Audit services. No specific motion is needed as this is recommended to be part of the overall approval oldie Conen( Agenda. BACKG13.01IND INFORWVIION: In 2012. the City of Lake LIMO pul out an R FP fin: audit services to he provided on an annual basis„At that time, the City made the decision to hire Smith Schafer Associates to provide audit services, prepare and review the annual audit report and to prepare and submit the report to the Minnesota state auditor. The contract at that time was tOr three Vears and covered the 2012-2014 financial reports. STAFF REPORT: In 21:.412, it was decided to put out an RFP related to the contract services tOr thc performance of the annual audit preparation of the annual financial report, As a result of the bids received. the City decided to change audit firms which resulted in a cost savings. rate 1 ( c.--tge?7(lai Au1.2.1.4st1.2015 Due to the LtroN.vtlt and increased bonding needs of the City of Lake Elmo. it. LV:.1 decided late itt 2013 to upgrade the annual report presentation to a Comprehensive Annual Financial Report ("CAFR-.) for the 2013 Audi report. Sinith Schafer SAssociates was very accommodating in assisting the (.ityL make this happen. They Werc:. able to convC11 the annual report and assist the Finance Department to build the statistical schedules \\inch make this N,erri of the report extremely inCon-native and a critical component for the bond rating agencies. tt is vctry time consuming and drainiiw on resources to switch audit Finns. The pry from Smith Schafer reflects an annual increase of 1S, below market level •,,innual increasesjtr audit ser‘iceS 41-5'). At the recommendation of the Finance Coinmittee. the Finance Director did request if there was any roi \in to reduce the rate further. However the quoted rate was as low as Smith Schafer could offer, The Finance dep;irtinent has been very impressed with the audit team from Smith ehater i1ssociates. he have been very professional. kokw,ledgcabie and efficient, As a result, Ilie Finance Director recommends extending the audit contract to cover the 2015-2017 RECOMAIVNDATION: Based on the aforementioned. the stair recommends the City Council approve extendiat the contract with Smith Schafer & ,,Vssociates fOr three additional years (2015 — A'FLACHINIENT: 1 Proposal -from Smith Schafer .1C;.. Associates to provide Audit Services to the City of Fake Elmo for 2015 - 201,7 pag.: 2 L " Cons-uitar,Y.i. May 26. 2015 Cathy Bendel, Finance Director City of Lake Elmo 3600 Laverne Avenue North Liake Elmo MN 55242 Dear Cathy; Thani< ;y,ou for thi-_-;;; oppcirtunity o propose continug orcfessional seii-vices for the iulty e Eirno for the yi.-:ars ended D.c.ci-ern Ler 31, 2015, 2016 and 2017; VJ pope the foliowing fee structure for the three-year tern-; n th s praoosa Description of Srvces Audit S.Qrvices including presentation cf the financial statertlents toi the City Council l';'reparatior; ai-O review cf the City s 317,-11,-131 fir aholai report 'AFR:'i 2015 "140C; ,.)t) 201'3 2017 1,975 522 700 ;56,55 ) 56,75;2i Preparation and submission of the Minnesota. State, Audito)ii's Annual Financial Reporting Form $95.0 75 5975 'Totals $28650 $29,500 $30,425 Thu quoted fees are a)-incli.;sve n ess Urh.,sual circumstances are enicountered during our examinations If sbich; circumstances c;ccur iiivould diSi:5 any additional fees th Finor to performing the services For ,cur the fees for the year enoed December 31, 20;14 were 520 725 foir the act sen.);ces, 56,150 for tne preparation and revieviii cif the Cityls CAFR, t'd $9E.:r2 for orebaratich and submission ef the Mir„nesota State At.IC':it0I'S Annual Financial Reporting Forrn. If you v,,oufd ke to retain the services of Our firm ;n aCcctdance ;with; t.he above, oleai5e sign viihei-e irdilcated on the next cage and return this ::ettr to u' n the enclosed return envelcipe Vie 5Sue an engagement letter the above quoted oric,i-?;s before viie t3-2;gin 2035E Coor,ty r?oca - 5L1^,le A tr 5 14 AY, 770,-5175 May 26, 2015 Cathy 0endei Directior Page 2 A sea)nd copy of thjs letter is provided for your records. We hope that you have enjoyed worng with US and v.eappreciate the opportunity to propose ittortinuini:,-; services or the Ci!y of i.rr(,e Elmo. If yOJ please fee i free to rail, Since SMITH, SCH.AFER AND 'ASSOCIA-LES, LTD. ii- jasc.wi C. Vi.er, CPA Principal Response: On behaif of he City of Lake Eno. I am in aore,riert the Le.MTS lislcd 7t1i3 Sionature: Tite, Date, DATE: August 4, 21115 CONSENT ITEM 46 .MOTION AGENDA ITEM: Approve Grant Applieation For Trail Groc..iming Reimbursement SUBMITTED BY: Mike Bouthilet. Public Vs'orks Director THROUGH; Cathy Bendel. Finance Director REVIEWED BY: Cathy Bendel. Finance Director t;UGCTESTED ORDER OF BUSINESS introduction of. Rem ,,,, irocrim ,Adirinistrator Fteporf'Presentation....,_..,........„.„...„__„.....,interim tit\ Administrator Questions from Council to Staff,.. ..... Mayor Facilitates (all for Motion Mayor cti Citv Council scussion .... ....... Ma \or & ( it v Council Action on Nlavor Facilitates POLICY RECOMMENDER: Pub1. Woiksl'arIs FISCAL IMVACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda_ the City Council is asked to approve preparation and submission of a gram appli;:ation to the Minnesota DNR for Trail Ciroomin!t Reimbursement. No specific motion is needed 01 *IS is recommended to I' pail of the oN erdll appro.\ al of the ConNent Jt.,rentia, BACKGROUND INFORMATION: For a Mather Of 1ears the Ciiy has been a participant in the Cross Country Ski Trail Assistance Program sponsored h\ the Minnesota DNR, This program aliov\ s for reimbursement of costs related to maintaining the ski trails. The proposed application kvould cover the 201 5,'20i ski season, STAFF REPORT: Each year the (it) of I.ake Elmo has participated in the Cross Country Ski TraiiAssistance Program for the trail system in Sunfish Lake Park, The fund allocations are driven h the number ol participants in the program and the number of miles of trail being rizit..e I cR-Cuancii ltyzissi 2u maintainecL The Citv has c nkienth received $4,00044.500 per year in ‘.:,rant. fund to eot.er portion of the costs relatcd to the Cross Countr) trail maintenance in Sunfish 1.ake Park, A requirement of the application process is to attach i resolution providing Cit Council approval To SpOTISOr the participation in the program. RECOMMENDATION: Based on the aforementioned, staff recommends the Cirs Council approve participation in the Cross Country Ski Trail Grant in Aid Program for the 201fi:'2016 ATTACHMENT: 1, Resolution -2015-Eil -- pug(' 2 CI IN OF LAKE ELM() WASHINGTON COUNTY SU \TE OF MINNES01 A RESOLLTION NO. 21115-61 A RESOLUTION RELATED TO SPONSORING THE CITY OF LAKE ELMO PARTICIPATION IN THE MINNESOTA DEPARTMENT OF NATLRAI. RESOIRCES CROSS-C:017NT)- SKI TRAIL GRANT-IN-AID PROGRAM FOR TIIE 211t5V2616 SEASON BE IT RESOLVF.1). h the City Council or the (it‘ of Laki.:. Lltro,, Minnesota. that the Cit, (-it.' Lake Elmo \\ ill spon5or the Cit) participation in the Minnesota Department of Natural Resources Cross -County Ski Trail Grant -In -Aid I-'rram for the 201 5.'2016 Ski Season., AITROVED the Lake Elmo City Council on this 4cia. to,.nist. 20 5, 1: AYLLS -Julie Johnson Clerk \like Pearson NIzoror. DATE: CONSENT ITEM .# August 4, 2015 AGENDA ITEM: Eagle Point Boulevard Street and t Improvements Change Order No. SUBMITTED BY: Ryan Stempski. Project Engineer THROUGH: Clark, Schroeder_ Interim City .Ndministrator REVIEWED BY: Jack Griffin. City Engineer Cati-v flendel. Finance Director SUGG EST El) ORDER OF B1 sJ FS'S if removed Consent ,.4genda): Questions from Council itS acilitates Public input. t pprpraie 1ayr Ericilitates Uall for Motion Mayor & CitN Council ACtiOn May or Facilitates HICY REC MMENDER: Engineerin:g. FISCAL IMPACT; Decrease of S2S.500 to the construction contract amount. This change order decreases the contract amount for the protect by S2S_500,00 bringiI1g. the revised construction contract to SI.220.99409: Value emjincering was completed to research potential material reductions in response to receiving, contractor bids that put the total estimated project cost ON er budget hy S61,600. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approvitq..: C ange Order No. 1 tbr the Lja.0e Point Boulevard Street and Utility Improvemc.ans, thereb, decreasing the contract. amount h\ S28..500M0. The recommended motion for the action is as follows: 'Move o approve Change Order ,VO. 1 fin the Eagle Point Boulevard Street and Utility Improvements thereby decreasing the contract amount kv $28,500.00." pagc1 -- Cit Counci: NIcctimz August 4, 2015 E ;ISLATIVE IIISTORY/BACKGROLND INFORMATION: !("?)1,7,i'Crii 4g,f,..7(4,„f1;(^17i,,.%:7 The City Council accepted contractor bids and awarded a contract to Miller Excavating. Inc. at the July 7. 2015 Cit.> Council Meetins2. It was reported at the meeting that the post bid project costs now exceed the preliminary assessment amounts by $61.600. Value engineering was completed to review- the sub-cirainage draintile system to minimiLe the lineal footage to he installed while still allowing. for adequate collection of sub -surface water. The design engineer, -UKDA, was directed to review and revise. the Plan accordingly. The revised design resulted in a reduction in draimilc length from 6,660 feet to 3.810 feet and the number of cleanouts from 50 to 31, This change order reduces the construction contract from $1,249.494.09 to $1.220.994,09, RECOMMENDATION: Staff is recommending, that the City Council consider. as part al Onsenl Agenda. approving Change Order No, for the Eagle Point Boulevard Street and Utility Improvements thereby decreasing the contract amount by $.7,8,500.00. If' removed from the consent agenda. the recommended motion for this action is as follows: "More to approve Change Order No. 1 for the Eagle Point Boulevard Street and titilitt. Improvements thereby decreasing the contract amount bv S28,500.00." ATTACHMENT 1. Change Order No, 1, CONTRACT ,7.CME1,ND: zlhc,w AGENDA ITEM: SUBMITTED BY: THROLCH: REVIEWED BY: S DATE: CONSENT ITEM 2015 Seal Coat Project — Pay Request No. I (Final> Ryan Stempski. Assistant City Lngineer Clark Schroeder. Interim City Administrator Jack Griffin. City Engineer Cathy Bendel. Finance Director \like Bouthilet. Public Works 0810412015 :C. 7:STE') ORDER OF BUSINESS ifremored (rtim tin' Co .4getlto: Questions from Council to Mavor rat:Uu,. - Public Input. Facilitates Call for Nriotion Nlavor (it.\ Council t..)iscussion Mayork Ct.> Council ACTiOn on %lotion ..... Mayor Facilitates roue MMENDER: FISCAL IMPACT: Decrease 41;3.066.36. 8 Final payment is proposed in accordance With the Contract [or the project. Final payment is S3.066.36 less than the original contract amount of S143.866.80 for Lake Llmo's portion or the work ijoint project with West Lakeland Township:). In addition. the project at completion remains within the authorized total project budi2et amount of SI 55,000 authorized b\ the Citv Council on February 24. 2015. SUMMARY AND ACTION REQUESTED: The City Council is respeetfull> requested to consider approvint.:_ Pa> Request No. I (Final) for the 201 5 SQ:":1.1 Coat Project. If removed from the consent agenda, the recommended motion for the action is as follows: Cit Counoil Augosi 4. 2(15 1(-onNen! Agenda -Move to approve Par Request "Vv. 1 (Final) to Pearson Brothers. Inc., in the amount of S192,554.56, for the 2015 Seal Coat Project; which includes $140.800.44 for work completed in the City uf Lake Elmo; and S51, 754.12 for work completed in West Lakeland Township," LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The 2015 Seal Project has been fully completed. The Project Engineer has prepared a Certificate of Completion and is recommending acceptance of the improvements and release of the final retainage_ The one year warranty period will betnn on ALP-111ST 4. 2015. and will extend to August 4. 2016. Final payment in the amount of $192,.554.56 has been requested the Contractor. Pearson Brothers, Inc.. based upon the work completed. The original Contract amount was $200.049.52: including $143.86(.80 for work in Lake Elmo and S56.182.72 for work in West Lakeland Township. The work ctua1k completed for lake Elmo streets. was S140,800.44. or S3.066,36 t2.13%) less than the original Contract amount. Per the Joint Services. Agreements: West Lakeland Township NA ill be invoiced S51754.12 for their portion of the construction costs. The final total project cost for the Lake Elmo portion of the project, including. construction and engineering was $146,300.44: $140,800.44 in construction and $5.500 (58.500 total - $3.000 reimbursed by West Lakeland) for design and construction engineering services. RECOMMENDATION: Staff is recommending that the Citv Council consider approving. as port of the Consent ...igvada Pay Request No. I t Final) for the 2015 Seal Coat Project. If removed from the consent agenda. the recommended motion for the action is as follows: -,11ove to approve Pay Request :Vo. 1 (Final) to Pearson Brothers. Inc., in the amount of SI92,554.56, for the 2015 Seal Coal Project; which includes $140,800.44 fOr work' completed in the City of Lake tiny); and $5.1,754.12J-or work completed in West Lakeland Township." ATTACIIMENT(S): 1. Certificate of Completion. 2. Pay Estimate No. 1 (Final), page 2 -- tcl(), NiN ill 'Sf.,11, (TtAT CERTIFICATE OF COMPLETION DATE OF ISS.ANCE Auut 4. 201.5 OWNER: CITY OF LAKE ELMO. — CONTRACTOR: PEARSON BROTHERS, INC. PROJECT NAME: 2015 SEAL COAT PRO,ILC PROJECT NO.: 201.1J7 • This Certification i-)1C:c.irnple-tion ;ippiies to al I work under the Contract Documents This Certification ol Completion applies to the following specified part of the Contract Documents 1 do hereby cc: that the work to which this Certificate applies has been constructed in accordance with the Contract dated May 19. 2015. The above -mentioned improvement is htreby declared to be complete and acceptance .of this 1,k-orl: is recommended, DATE OF COMPLETION: August 4. 2C115 Rvan W, Stempski FOC.T.,S N. 45395 Jft WARRANTY PERIOD BEGINS August 4,.7_0,„1 .NND ENDS August 4. 2O6 PROJECT k.'E EL) AGENDA ITEM: SUBMITTED BY: 'FIIROUGH: REVIEWED BY: CONSENT ITEM 0 August 4, 2015 9 319`h Street N,orth Street and Sanitary Sevver Improvements — Pay Rcqucst No, 6 Chad IsaksorL Project Nogirtccr Clark Schroeder. interim Cit) :Administrator Jack Griffin, City Julgineer Cathy Bendel.. Finance 1)ire.ctor SUGGESTED ORDER OF BUSINESS if remover („onsent Questions friim Council i ta 1 r Facilitates Puhlic Input. if Appropriate...,,,„.....„„„„._._,,.,...Nlayor facilitates Call for N1otion & (it .... Council Action on Mto„ or Facilitates POLICY OMN -E.)ER: Engineer-41,z. FISCAL IMPACT: None. Partial payment is proposed in accordance with the approved Contract and cln:uv_te orders ibr the project, SUMMARY AND ACTION REOLESTED: The Citv Council is respectfully requested to consider approvin Pay Request No. 6 for the Street North: Sircct and Sanitary Sewer Impro‘ements project. If removed from the consent ti,(2enda. the recommended motion for the action is as follows: "Move to approve Pay Request ,NO. 6 to Geislinger & Sons inc. in the amount 01°5115,695.99 for the 3‘.11' Street ;Vorth: Street and Sanitary Sewer Improvements". p;tgc• -- cit:, council Nketing Arity 4, 201.-5 Con.set;7 .4 QC1411 017 ?! LEt1Si.ATIVE HISTORY/BACKGROUND INFORMATION : (sIoer & Sons Inc.. the Contractor for the project, has submitted Partial Pay. Estimate No, 6 in the amount of SI15.695,99. The request has been reviewed and payment is recommended in the amount requested. In accordancc with the contract documents, the Citv has retained nof the total or completed. The amount retained is $95.684.14. RECOMMENDATION: Stair is recommending that the City Council consider approving. aS pan' qf Ihe OW.S'etil 4genJa. Pay Request No. 6 tor the 39' Street North: Street and Sanitar Sewer Improvements proiect. If removed from the consent agenda. the recommended motion for the action is as follows: love to approve Pay Request No. 6 to Geistinger & Suns Inc. in the amount of 5115.695.99, for the 39th Street North: Street and Sanitary Sewer Improvements". ATTACHMENTS Partial Pay Estimate No.. 6. paf.!e 2 -. PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 39TH STN:STREFfANDSANITARYSEWER IMPROVEMENTS. PROJECTNO.2014.131 PROJECT OWNER. crrY OF LAKE ELMO 3• LAVERNE AVENUE NORTH LAKE ELMO, MN 5 2 ATTN: JACK GRIFFIN, CRY ENGINEER CONTRACT CHANGE ORDER SUMMARY A poroyaDae I No, 1 ' 6/2014 2 2/3/2015 3 2/24/2015 4 4/7/2015 10tALS NET CHANGE Amount Additions Deductions $118,975X $22,214,0C 519,435.00 $154,440..00 $315,064 0 $315,064. 5-4RT DATE: 9/2/2034 SUfATAL COMP.E1-)ON: 5/30/2015 FINAL COMM FTION: EI/15/2015 C, F s C S ENGINEERING, inc. PERIOD OF ESTIMA1L FROM 5/30/2015 T 7 20 CONTRACTOR: GEISUNGER & c. S11 CENTRAL AVE 5, PO BOX 437 WATKINS, MINNESOTA 55389 ATTN: GARY LUEBBEN, PROJECT MANAGER PAY ESTIMATE SUMMARY 1, Original Contract Amount 2. Net Change Order SUM 3. Revised Contract (1-2) 4. *Work Completed 5, • Stored Materials 6. Subtotai (4+5) /. Retainage5,0% 8. Pre \nous Paymerts 9, Amount Dup. (6-7,8 •Detuiled 5r0Fakd;swr, Artnrhed NTRACT TIME 2015 $ ,760,458,80 315,064.00 075,522.80 $1,913,682.77, $0,00, $1913.68277 $95,684.14 $1,702,302.64 5115,695,99 ORIGINAL DAYS 347 C MOLE REV:5ED DAY5 C YES REMAINING 25 ENGINEER'S CERT;FICATION: FOCUS Engineering. undersigned certifies that the wor lias been reviewed and r.o :le t•N best o4the;r knowledge and beiief, the quantities snown n this estirnate ,are correc: and the work has been denformed in accordance th6e with. tt contract documents. 7125/2015 DATE CONTRACTOR'5 C7R-i; CATION: CONTRAC70R Tbe undosig.ho2c) Contractor ce.rte,3that to the besto their knowledge, information and betet the work covered by ti payment es'..:mate has been comp:ated ir accordance wtn tne contract oucuments: that all amounts have EX...PF paid by tne contractor '-"t>rr wokctir which previous paympnt rIstimwes was issued ad payments "ATE received trorr the craner, and that curre.nt payment shown ne re in APPROVED 3Y OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY DATF F)CUSginecrint, ,nc DATE NO PRTECT F'AY ME NT r•ORM PARTIAL PAY ESTIMATE NO, b 39TH ST N: STREET AND SANITARY SEWM /MPROVEMEN IS CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2814.131 F CUS ENGINEERING, inc. 111111,1 T111 :11-k. 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T55..1 L.:Ls:Ls,— 15,5 5554 15.051 5,5 I 1'5E',5511"".5 -5.11f51,.1"1;155 55 5510 EA:, 550 55,E- X 5115,5, '5 55" 5,5 5 1015. 550 EA 15 51. .e e 5,115 WY, E5 1i.11,55 LE 0511 .15 51515 51 505,551.1.11. 1454515 5 155TEE /1,4 51115.515 Er 51155111.5.1..55.5, TOTALS CHANGE ORDER NO: f515,54115,57' 551.15.5#I, 155 5 55515, THI.t#Of MX/ AIX .5 55 .YEA ///4.4/11..O. AsscsAr 5555stx 5:0y. 51'51111.X' 444 4./ .. ist.S1 . p IS S.J tS)Ss S'SXS,SsisSIS,44 ISX .1, S'ii'.111:: Ls ts,s or 1, 505.55 X.5055555 . 51.i4..75 CHANGE ORDER NO. 7 Z•1/1 tAA.N..75.1.5.C.EC 511 51555555 55.51, 55555 .51551555.1( 5,11E11 55 X 55E 355 X TOTALS - CHANGE ORDER NO: 2 Frn. 4/:0 CHANGE ORDER NEL 3 :,,,•', .t.,Itc.stt.,,,,t., tv ..,Th 5.5„Ni151, 5 15 5 5 1550511X TOTALS - CHANGE ORDER NO. 3 CHANGE ORDER NO,. 4 5.55,5 111455-11EA 5F5445555 5'5 1.0-54 5.55 .511.257, 2 5 .454 15.5E15 I Pt p,,s11 ts, SSIS 1 E1,415505 1511,115.511 5.1.055115.5. 515 .5"151), TOTALS - CHANGE. ORDER NO, 4 11.55,4551,115 TOTALS RF VISED COW RAO 52.1555,5255/0 5 XS 5. . 1.... 1,01.5.1, LkLLs L, ss AL ss: LLs" ts.., s s a 'ass 1.1150 41r5.1111.1 ro 5.1145 51515 545. 515 WAX 155 514.5,45 ooroo444444444 .01.01 511,541 51555.1.5.X 5411,05555 55555 Al 557 AGENDA ITEM: SUBMITTED BY MAYOR AND COUNCIL COMMUNICATION DATE.: Of94:2,0 5 CONSENT ITEM Appro.:0 AniondiTieriti (orniminity Developmeitt 13tozl. Grant Cooperative A izreeittetit Clark Scheorier. interim Adrninistritior Cork SUMMARY AND ACTION REOUESTED: asnittgo-in County is rt.:questing The sign otT on an arnetnini,ont to the CORO Cooperae Ai2roetniiitti. The N;13or and nrni ArT s1rz1rhaVe SigrQd tiozimieitt tin.1 deliveri it to Wlington County in ordr lorih curt:i to be able to (1iver' tiie in,ocitted iiot,iiiineitt to f ill) on its dtiii date. Staff is riNtlestiltz iiit)pro.,e this ainentirnont. RECOMMENDATION: if removed 4:1-Ottl (Ti Agenda. -start' rocortimoniiii the foilowiniz: Alotion "KO approve the mendmcnt to the .14 ilshingeon Count): Community 1)evelopment film:1i Grant Cooperation Agreement." ATTACHMENTIS): tin:Tit:newt To Washington County Bft)Ck G rn Cooperation ,Aizroietrieni. 7,nrrimtiritySeric „i- 21., '015 )11,:rairnc,..pr tc1221.-rimli:,ri,'!„-.1,eiin Cirant tC.11(rii i)ea r Participating please tand ern:emir-new F,i!!•4t.5_*fyieni: partleipation in the Conirminity Development Block Grant (C:D5'Ci)7rogram.. is requirin2 that we amend this agree].rnen to include the following an SPECIAL PROVISIONS A utu ot general local government may not seit trade. or ofierwisc transfer all or any portion et such funds TO a metropolitan city. urban counr.y. unit of geneatt local government. or Indian tribe, or insular area that directly oi indirectly receives (2l.)BG furids in exchange or any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under Title of the Housiniz and Community Development Act of 1974, as amended (sec paragraph VA4. of thi:Notico), Please have the. amendmcnt signed and return the original amendment no tater than Mond.. 26th Karen Brown Washington County Community Services 14949 62"d Street N. PO Box 30 Stillwater. MN 5502 scnd you a 1.-:opy of the amendment. with any attachments. once we have all tht required signatures. if you have any questions, please eimtact Angie Sliupport, Community Development rrograms Manager at the Washington County i IRA at 651.379.9551 or fes u -rtii,wchra,corri Sincerely, Saran Trippie, sw Cmrnunii Services Analyst \ashiniilTottritY i 4949 St North tvfc, ,430,64S;) sarah,tripple-,a,:co.as Enclosure: contract/amendment 7_1 Sar,,,Yrx; Cente7 Ccita?e Grctie 13300 Rave Parkway Cottage Mn! 560°,6 Pr'n65i -4 „r."-a 1 5.9 Fax 551.-430-41.57 ^ ,e1"k ‘....erittar Fgesi. Lake t 996;6 Foes f Roat Lake_ MN 5502 Phnne651-275-7260 cal:. 6r...1-275-T267:1 Cvcrieirfrft-r Center 14.4.6i 62-kr, Si N slili,,,vare,7 65"..22-6,;336 Phor ;351-410-5456: Far: c?i) COLdrIt.:. OC1:Z;itiUr c?!fit.' ernpi'ap2r :4150 Rackro Woo.iltFON 12 ',12 Psor 56,1-775.Fg350 Fax 6'..31-276-9636:‘ ANIENDNILNT NLNILIER ONE AGREEMI7NT #1136 WASHINGTON COrNTY CON1NIVNITN. DINELOPTVII:NT BLOCK GRANT. (CIA16) COOPLRATION AGRCE)clENT \drn ien;L:r..td, inii, ;t:lc; hi..11,1/4rtNT ;"d' \Va.;;Ilr;;;101,1. .z.;131e i Mint, 62'j SIn.."21 feterrc-ci ts Utiii: r;"11:.;-r,:0 annd CT./fIci ride I of: the — Ciodizafts (.4.1990 (12 2 ;1. ,led ipl'ovpti kili.A\ r tI 1:)(01, ilwiftc:f:=111p l'roavz-1:11d arp3 1.:‘"1-1E12.L.AS. \\/;.1:-,i411q.zh r9;;11'.. . Hi i,;:,-;(1111 (I:3:A said j 1011rr.iun1"0,,,Tjtd in. Anoka. itd,.:":in and 14ii,..4.11inp,an t. t. C Ntiokt (okrit.,1 F.nd :11 VA:aiR41 INIIEFtE1.ti*mtrl 9: o I it,:14 ( wit: of f-c:;L.:1:11 rt.”.2(1L'A:ions -dad iiso of laradsiO. k: 11 in: Vslfil(LAS, theth LUU 1.11Z1 111111, Or Ln no i;:oi:ipcn-atarl'a 01 nartn:iimidoil H)N117. tht. SZ11.13 a.i.rrecnnay. parlic.apation 111. t h Q101 /NICIIIRIo:3r77,1111:;ind ykliFRF vs. 3 ,.,,,21raf 10;;:zil Q11)11lic r &t- CITVICI 1\ *He irar.)fecrin lflJ ;:111;;.:11CI Ca.:1111 ALreellii1111. I 136 as I Seon celett...d and restalcd Coniinnin k.); (07.4, ;:fu3OL 1 aOCr3-383, AlitckliAi scti.,i and 1-10N1E, Partn:tr...,11ip A L ne I( or the Cra:1".•;i011-(..1011Zale:-; 11011;;;i1ILI:V.:1 ij19t)(;121: 270; ; 2 LH, to rz?ad. ;iv:" F-ornt..:IL:ated pursuant to htrri 1 irdf7,2.4 3- f< 1. 1"Cad to Taft' ALT,: aiid a, ram prjr;1,,n-,,iph of PLITI-,ws,.% 8A1 Ai2rti...inent n„." authorizt: ".",111' ;_tSf-;13tiVIL2 ;.;lid.1-Ia1-1',..), X..i;i tin: i'41);( ;II C'Tc..; ions. c;t-:.2:111r1 \'. Pro:Hsi-0as aalent.kci yift,Q-r1:,-,ri I \ Las A kw iff,1:, not tlj ffar funds poLt;m trivn ot hi ki -Hr or indirect! \ receives CDBG funds in eNcliallge tor any otIler funds. credits non-Federai iid ions, hill, must ItSi,' fillidStcu acti\-ties eligible tinder Tia: I cif the Honsinl." And C011.111)kIllir or P474. as aim:tided. All odic,: terms and cc,nditions olCoi unlcss spcifiL"ally amendej here.ir, rem z.li 7. in till; 16%e and effect IN 'WITNESS THEREOF. t.11 Coums and the Cooperatini.1 Communit- ha‘e eNecuted this Ar4reenieut this LtaN I L" '1`() 1::()Ft „ IN" t;" "') Dated: - For CocntYAfloat WASHINGTON COUNTY, STATE OF NlINNESOTA L.3y- Dated: Chair, Washingtpn Counry Board of Commissioners Administrator, Washiniitan Counly Crl'Y OF 1:AKE ELMO F3. • Dated.. 1)ateci DATE: August 4, 2015 REGULAR ITEM 4 AGEND ITEM: 2016 Street Impro‘ements othorizePreparann f a easihi 0t eprt SUBMITTED 13Y: Rvan Stempski„Assistant City I.Thinecr THROUGH: Clark Schroeder.. Interim Cit) Administrator REVIEWED BY: Jack Griffin. City Engineer Cathy Bendel Finance Director Mike 13outhilet. Public Works SE(;GESTED ORDER OF BliSINESS: iruprneer RLprt trieineer Questions from Council to Stiff Mayor Facilitates public Input. if Appropriate, „ „ „. „ or Facilitates Call for c. City Council & City Council Action on ..... \Ito or Facilitates POLICY RECOMMENDER: Engineering. FISCAL 1 M PACT: $10.800 1f uthorized. 1OCt1S Engicin ic. will prepare a feasibility report ir the not to c\c,..e:eci amount of Sit -LSO() tor the 2016 Street. Improvements, If the improvetnenis are ordered. the report costs will he charged against the project fund and become assessable to the benviitti»,..; properties. Should the project not be constructed. the report costs cannot, be assessed, SUMMARY' AND ACTION REQUESTED: The Council is respeetfull requested to consider appro\.ing Resolution No. 2015-61 Ordering Preparation ()la Fcasibiliti Report The recommended motions for these actions area 101101N.S: Cal ,Attgu,i 4, 2015 IRC,',40iltrAKentia .1112,, i(11 "ifove to approve Resolution No. 2015-XV, Ordering preparation of a Feasibility Report ate 2016 Street Improvements to FOCUS in the not to exceed amount of S10800." C;ISLATIVE HISTORY/BACKGROUND INFORMATION: In accordance with the proposed 2015-2019 Street Capital Improvement Plan JC I the following local streets represent the most essential street improvements fOr implementation in 2016. The streets prourammed for improvements in 2016 include: • Kirkwood Avenue North. from 50`h Street North to cul-de-sae. • Jasmine Avenue North. from I01hStreet North to end of Stone*ate 1 Addition. • 9 Street North, from west (..!nd cul-de-sac to east end eul-de-sae. • Jasmine Avenue Place North. from Jasmine Avenue North to cul-de-sac_ •.Rel v in Avenue. from Trunk 11hway 5 to cul-de-sac Oncludinil the private drive north of Kelvin Court). In order to initiate the improvement the Council must direct the preparation of a feasibility report aS required by the statutory process for public improvements that are specially assessed. The report will advise on the scope of recommended improvements for each local street: provide -estimated project costs of the recommended improvements; identifv Casement and rie.lit-of-vvuo. permits. and other requirements of other local agencies needed to implement the improvements: recommend whether the improvements should he best made as proposed or in connection with some other improvement: and advise if the improvements are necessary. cost effective. and feasible. The report will also provide a proposed preliminary assessment roll for each of the benefittino, properties based upon the (its Special Assessment Policy for Local Improvements. dated June 2014. 'Pic improvements vill likely includeFUfl street reconstruction. street reclamation, storm se \NCI - and drainaue improvements. and watermain extension consistent with the City's 2030 Comprehensive Nan, \\ aler quality improvements will be evaluated and incorporated as necessar.v to meet VBWD permittinQ requirements. A project schedule for the 2016 Street Improvements is attached and outlines the implementation tirneirtime necessary to read\ the improvements for construction in 2016, The proposed schedule provides the necessary time to address public involvement_ acquire project related easements. acquire field survey before snowfall_ and to receive contractor bids early in 2016 to promote a competitive bid environment. RECOMMENDATION: Stan' is recornmendin4 that the City Council authorize FOCI„'S riiieerin. Inc. to prepare a Feasibility Report for the 2016 Street Improvements in the estimated amount of S10.800, The recommended motion for this action is as follows: (it) Counit 4grep)c; th'IV 4, 2015 "Move to approve Resolution ,:Vo. 2015-62, Ordering preparation uf a Fedsibility &Tort jiir the 2016 Street Improvements to FOCI'rS in the not to exceed amount of S10,800." ATTACJIMENT(S): I. Resolution No. 2015-62. ( rderint Preparation of a Feasibility 1Zeport. 2. a)1 6 Street and Ittiiity ImprovCritelltS Location Map, 2016 Street and ViiIii Improvements — Project Schedule. pal?: -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO, 2015-62 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE 2016 STREET IMPROVEMENTS WHEREAS, the City maintains a 5-Year revolvinu Street Capital Improv.erIMA Program iStreet CIP to promote the stratcuic use of limited financial resources while maintaining. dcvelopinieor reptacini, the City's local street network: and WHEREAS. the Street OP represents the City's long-range street improvement prouam that identities the present and future needs ancl priorities, and develops a schedule of public improv ements to address the most essential improvements first; and WHEREAS, with a street reconstruction project the („'ity reviews and considers the potential replacement or need for Wilily IMprOVCIllelltS in accordance ith the City's 2030 Comprehensive Plan. including watermain or sanitary sewer, to be constructed in conjunction with the street improvement: and WHEREAS. it is proposed to initiate the 2016 Street Improvement project to improve the f011owint:t loeal streets: • Kirkwood Avenue North. from 50'r Street rt h to C • Jasmine Avenue North. from I Street North to end of Stonezate 1 Addition. • 9Street North, from west end QUI-de-Sac to east end cut -de -sac. Jasmine Avenue Place North, from Jasmine Avenue North to Avenue North. from Trunk 1 ay 5(0 cul-de-sac WHEREAS, it is proposed to assess the henelting properties for all or a portion of the cost of the improvement, pursuant to the City's Special .Assessment Polio. and Minnesota Statues. Chapter 429, NOW. THEREFORE, IT IS HEREBY RESOLVED, That the proposed improvement. called the 2016 Street Improvements. he referred to the City Hngincer and FOCI_ S Logineerin,!g, and that FOCIS 1",ngineerim; is instructed to complete a feasibility report in accordance w ith Minnesota Statues. Chapter 429 for the proposed improvements. and to report to the council with all convenient speed advising the council in o preliminary way as to whether the proposed improvement is necessary. cost-effective, and feasible: whether it should he hest made as proposed or in connection with some other improvement: the estimated cost of the improvement as recommended: and a description of the methodolotzy used to calculate individual assessments for affected parcels. Resolution No, 2015-62 ADOPTED BY THE LAKE ELMO CI \ COUNCIL ON THE E0IIK DA\ OF 11 GIL ST 2015. CITY OF LAKE, ELM() By, Mike Pearson Mal:or ATTEST: ink: Johnson City Clerk Resolution No. 2015-62 2014 - 2018 RESIDENTIAL STREET CAPITAL PROVEMENT P N 4 Improvement Year ;00 2 0 ' 7 2041s City Han Pooh;. Workr. 43uiadirtz a.,s.a.. 4,0 , az•.:,z.zx• Firm Stations Conipe SChOOIS Parr,clz Subr iYislons Cary Parkz .OIt:.m)r.4 lake. Elmo ResporW Park Resent t.akeb Map Date: October 2013 Crtaird By: FOCUS EN=;INTERlh, PRELIMINARY PROJECT SCHEDULE CITY OF LAKE ELMO 2016 STREET IMPROVEMENTS PROJECT NO. 2015 XXX AUGtJS2Ui5 August 4, 2015 October 6, 2015 Council authorizes Feasibility Report, ENGINEERING, inc. Cara Geheren, P.E. Jack Griffin, P.E. Ryan Sternpski, P.E. Chad Isakson, P.E. 651.300.4261 651,300.4264 651.300,4267 651.300.4283 Presentation of Feasibility Report. Council accepts Report and calls Hearing. November 3, 2015 Public improvement Hearing. Council orders preparation of Plans and Specifications. February 16, 2016 Council approves Plans and Specifications and orders Advertisement tor Bids. March 17, 2016 Receive Contractor Bids. April 5, 2016 Council accepts Bids and awards Contract. May 2, 2016 Conduct Pre -Construction Meeting and issue Notice to Proceed. August 12, 2016 Substantial Completion, September 30, 2016 Final Completion. DATE: 814/15 REGULAR 1TEM *12 MOTION \GENDA ITEM: Eastern lay:: Trunk ...te\ver and Wok:111min Developer's Avreement SUBMITTED BY: Kyl,Z Kiati. Community Development Director TDROUG11: Clark Schroeder. interim Citv Administrator REVIEWED BY: Jack Griffin. City Lnyineer Dav Synder. City Attorrie SUGGESTED ORMIR OF BUSINESS: introducTion (-)1' Item De%::lopment Director ReportfPresentation. Communic% Development Director Questic.ins from Council to Alo or Facilitates Cali for Motion ..... Ma\ or & City Council it Council Action on Motion Mayo!' I acilitates POLICY RECCO.MENDER: Staff is recommendiny that the City' Council 'approve revisions to the 1-.astern Village Trunk Sewer ;rind Watermain development contract that will chanye the name of the d!:\ eloper associated with the project and make other rc% ions a nceofiated hy Staff and the developer. FISCAL IMP ACT: Direct Payments to D. eloper None no chanFe from approved SUMMARY AND ACTION REQUESTED: The City Council is neiny as:d y:onsider amendments to the approved developer:, ot:reeincnt tOr a protect to install trunk sewer and %yatennain facilities from the 30Street lift station to the southern ede of the railroad riyht-of- way line within the southern portion of the Vilkwe Nowlin!: Area, This trunk infrastrueture will connect to the line previously constructed by the City within the .1“/' Street rii111-ot'-wayand that -kk as CNietijed 10 the railroad riyht-ol-wa in the northern part of the Villae. Hit revisions will chanyc the de% eloper of the project from Chase Development, Inc. to two separate parties: Robert 1-hQstrom Coinponies and GWSA Land Development. 1.1_( i(torivea). In addition to the 1 -- Cii} C 1.201i Ig2dida k:.:7-r; 1 _7 d v eloper change, the two new parties to the agreement have asked for revisions to the document to extend the completion date from September 1 to November I he recommended motion to take action on the request is as follows: -Move to amend the developer's agreement pr the Eastern Uillage Trunk Sewer and Watermath as drafted and documented in the attached amended Development Agreement" j,EGISLATRI: fitSTORYISTAFF REPORT: The City Council approv ed a developers" agreement for trunk sewer and Watermain project on June of this year after separating out this specific project from the overall work planned within the Easton Village subdiv ision. In the time since the emitted's approval of an agreement. the private parties that will be buildiriLL.t this project have failed to come to an agreement that wctuld allow: work to eominence on the project as initially proposed. At this time. to of the parties that will dircetlY benefit from the installation of the trunk infrastructure. Robert Engstrom Companies and Cionytea Development, have asked that the ("ity name them as the developer for the project so that they can assume responsibility TO hufld The litle and move forward with their respective development pi jets that are ultimately connecting. to this line, In addition to changing the name Of the developer. the parties involved with this project ha\ e asked for some additional changes to the agreement, the most significant of xyhich is the moving back of the original projeet completion date from September 15to November 1, 2015, The November dale was selected because it is the latest date that the sewer connection could be made and still allow the City to assess properties along Street that will be eonneetin,2 to this I, Staff has been in discussions all parties associated with the trunk sever line. and is recommending approval of the request with the following considerations: Thal Section 9 of the agreement concerning the lime of performance he revised to include additional langtit.qte that will require the developer to track progress towards completion of the project. That the project include a penalty for failure to complete the sewer work by NOV ember The suggested ST 5,000 penalty represents the City "s carrying costs for bond interest pay ments if the 39 Street SeW, CT work cannot he assessed to benefining prOperty ov,ncrs. That this section include additional clarification concerning the circumstances under which an eXterlSiOt1 Ifla> be considered by. the City. That in consideration of the later completion date. some of the previous provisions concerning notification requirements for default be removed. file developer has also atsked that the project construction cost estimates be updated to reflect the most recent information available from their contractor. These updated estimates have slightly lowered the amounts from the agreemeni as originally drafted. .A.I1 proposed changes from the approved agreement are traeked in the attached document. Coittj° !vieun,1 All'411Si 4. 21115 BACKGROUND INFORMATION (SWOT: Strengths: The re\ isions will allow the res.ponsihility for the project to transfer to developers that will be able to mobilize and begin coristruction on Ott: trunk i nfrastruct The ztgreement include-; additional language that offers aclditional protection to the Cit. if the sewer line is not installed prior to November 1 There is no such protecti(m in the cup-ent agreement. The revised agreement is a ke, part of all parties being able to move tor 'a deVelopments and to execute the private agreements 111/4:ctssary to build the trunk sewer 'the three affected panics have provided their signed Jreement for review by the Citv document their intern to move forward with construction. Weaknesses: Work must COMMC11Ce soon in order to ensure the November 1 leadline can he met. Onnorturtities: The proposed revisions will further the (it, interests in convict major piece of trunk sevver infrastructure that is funded h private developers. Threats: Failure to eNeeute an zigreement that is; acceptable to al! parties could lead to dela\ s in connecting individuals to the trunk sewer line, the inabilif) of the. Cit to assess lhc sewer portion of the 39`h Street project. and three developrinews that will be unabk. to move forward with hui IJin. permits, RECOMMENDATION: Based on the above Stall report, Staff is recommending that th GI Council approve the proposed amendments to the Ezistern Village Trunk Sewer and Waterman.) Developers .Agreement as documented in the attached agreement. The suggested motion to adopt. the Stallreconunendation is as follows: ..,,Vfove to amend the developer's agreement for the Eastern f'Whige Trun4 Sewer and ft' atermaitt as dratted and documented in the attached amended Development Agreement" ATTACHMENTS: 1.'1inended Eastern Village Trunk Sewer and Watemiain Developers Agreement EVEL P E TC i"Tf-wik Sewie") CT Eastern Village Trunk Sewer and atermain Line KO. AGREEMENT dated 2015, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City'), and and nben ErICISIJOEM (ed3ch sdnletime.F i,ndrvicius:tv Pat: and coliect-wely ref7 tp.?s the "Developer"). 1. REQUEST FOR PUBLIC IMPROVEMENT PROJECT APPROVAL. The Developer has asked the City to approve the final plans for the Eastern Village Trunk Sewer and Watermain Line (referred to in this Contract as the °project). The land is on which the project is situated in the County of Washington, State of Minnesota, and is legally described in the attached Exhibit "A": 2. CONDITIONS OF PROJECT APPROVAL. The City hereby approves the project on condition that the Developer enter into this Contract and furnishes the security required by it, 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City the Developer may not grade or otherwise disturb the earth, remove trees, and construct utilities, until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 21 the necessary security has been received by the City, 3) all required easements have been recorded with the Washington County Recorder's Office. and 4) the City's Community DeveIopment Director has issued a letter that ail conditions have been satisfied, a preconstruction conference has been held. and that the Developer may proceed. 4. DEVELOPMENT PLANS. The project shall be constructed in accordance with the following plans and at the Developer's sole expense. The plans shall not be attached to triis 0ontact If plans vary from the written terms of this Contract, the written terms shaI controt The plans are. Plan A — Eastern Village Trunk Sewer and Watermain Line IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer - Eastem Village Trunk Sewer and Watermain Line. E. Watermain - Eastern Village Trunk Sewer and Watermain Line, The improvements shall be installed in accordance with the City subdivision ordinance and the City Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer, The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspetion personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may. at the City's discretion and at the Developer's expense. have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developers engineer shall provide for on -site project management, The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a mutually agreeable time at the Lake Elmo Public Works Facility with all part es concerned, including the Cfty staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer, The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract, The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which rembursement is expected from the City. unless such work is first ordered in writing by the City Engineer as provided in the specifications, 6. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 2 9, Summary of Cash Requirements (City Engineering Administration Escrow), The escrow account will be used to reimburse the City for all engineering administration and construction observation performed during the construction of the improvements unfit the escrow has been reduced to half of its original amount. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the improvements (at normal City rates for such services) and will maintain the ount at half of the original balance, If Developer fails to pay the invoiced amount within such 30-day period, and such failure continues for an additional five (5) business days after written notice from the City of such failure, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in accordance with this Section. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer on status or problems regarding the project. coordination for testing, final inspection and acceptance, protect onitoring during the warranty period, and processing of requests for reduction in security Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall includ t the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis at normal City rates therefor, The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development, Developer wilt cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created, 7. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Comrnsson members, and corporations: partnerships: and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 5 above. 8. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: Right -of -Way Excavations and Obstructions,: - City of Lake Elmo, Right -of -Way Utility Installation(s) City of Lake Elmo, Right -of -Way Obstruction(s) • Washington County. Utility Installations(s) • Washington County. Street or Driveway Access(s) • Minnesota Department of Transportation. Utility nstaUation • Minnesota Department of Transportation, Right -of -Way Permit B. Watermain extensions: - Ivlinnesota Department of Health Sanitary Sewer Extensions - Minnesota Pollution Control Agency Metropolitan Council Environmental Services Stormwater tvlanage .ent: • Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion Sedimentation Control. • Minnesota Pollution Control Agency, General NPOES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan) Wetland Mitioation: • Board of Water and Soil Resources, G. Construction Dewatering: • Minnesota Department of Natural Resources TIME OF pERFoRmANcE. cp h& 4a,ala'n !Ctrit7.47^',,rectlt-Fltii 4-n-y- ;'z--`,:etaatearab,a7 1 Tnte. Devaajoi: uha-a-Tita ncau,,,a,avea r eta ueor aar, -haa:c rc taLarr t,he O14rri €4.;:rt,F,cqccc,1,Ctr,P.i..S Clriarrci. the sea.u-Nt.a tritia arefleal ccaa cnran.la';iac, agrCarnaaana 'CD ataf}chiat a.a4-4,74e.,,taaa-, hi-a4a. Ceutaloae, uataeastanals that tinle, is of esa,anae iar the Ci7"v'' tozomaatate the '1-.'ut.vSarar eweT D.,371,iat of 1hnese in1O V?ti Nyhernber 1 abh ,heahafane heretav waivesanv g arnp1,-74:, rtr reme. es, '• aneta arnposa,t1. ar,,, the [Cilittt att..; ala:•ronea tHa aareahrent Trae Devecaaar shat ,a,larrnaiettat inratalIatien V-leLrk s1rrvseweh imrhaDveraray'a„s_b:,ra-,n.a,,,,emta.er vela1an 13ha anau.7naheTte the: arum., vaaterrarahn trrananvaraer;..as Lua Jaaamnar h 7-“,ttvrt-ttrcl,t-tt rtr,tsry haw+ay,fat:. reauezna an extehals,JpLipt1fl ITarn the Chit.;,_ hats ir.L.c.,tuu.7.haTmr-i tn1a eaYnuansianvt aonsidaah chrafn.t!raqnf,rnatena)on aalv wo roar centai SCti;:rr t1ndFrVety Er•licitt ederfanee 7he sorhTaaatt.,e.,,ta deandine..atc.ii,,,,hiana but no'„ .7„:„:4;at,zatiort acciaannal n2:e:C11v nspection taiiv %.trtrtrt.t. .Ctrtrrt$:tu thana rarocnass tne v„anhna,, anoi aatu work: ,.aas referfahcaaa Otra,"=„vhen, 7.ieherrTarana h shatenana- varzarfiaehl "f an eniaaaashahrni:argjcalalea t shuI be concititoned urn uariatint,u ane setaarh.,;,L_aosleu:: ana DeveloDer C3flt, ar-nricnc 1h1 aarga,enaant tCt refecr, the (,,uKhaadeci aaanniettpr, ,L; apva,a.Dh,atta- naiaa aaraaniete the Iflat}aaaon V-pe sanauan, 1u1 rtccirgr)creccits rtrtticir 2Cr1 1p.3yeipptciattriErtri ,;;Fttr luaeaOitva fee ir tiraa C.,t; 7:,t1tcq,4sarctit :;tpkatcri- 00C0Cu ,,,,fraertter the SituaLaaltana,!-, ehctension fcu- traaLskr!laatrl‘ier,aent,:. nnt Tiara cynny4de reirnauls-ernaani, an the. 7..hrtn Lu a'aa, interest in(;St a the: Dona pta:::raleati,: al' true F,artritarry saa,vtaa': 4.7.',Dr7.0r1. ti-ie St.7eet.' tie t.„,' 1;:,:eess 10. LICENSE. The Developer hereby grants the City, its agents, employees. officers and contractors a license to enter the project area to perform all work and inspections deemed appropriate by the City in conjunction with project construction, 11. CONSTRUCTION ACCESS. Construction traffic acess and egress for public utility construction is restricted to access the subdivision via the panned construction access off of Lisbon Avenue. No construction traffic is permitted on other adjacent local streets. 12. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvementsin a sequence which will allow progress and compliance points to be measured and evaluated The Developer andior their representatives are required to supery se, and coordinate all construction activities for all improvements and must notify the Ctv h writing stating when the work is ready for the inspection at each of the measurable points defined in the foliowing paragraphs 1.3. 14 and 15. For the purpose of this paragraph. Electronich II be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement13. EROSION CONTROL. Prior to initiating construction activity all erosion control measures shall be implemented by the Developer and inspected and approved by the City. Erosion control practices rnust comply with the approved plans and specifications for the project, with all watershed district permits and with Minnesota Pollution Contro Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controllingerosion. If the Developer does not comply with the erosion control plan and s neduie or supplementary instructions receved from the Cty the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the Cty to do so will not affect the Developer's and City's rights or obligations hereunder. if the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No construction activity will be allowed unless the project is in full compliance with the approved erosion control plan, 14. GRADING PLAN. The project shall be graded in accordance with the approved plans. The plans shall conform to Engineering Design and Construction Standards Manual, Ali grading shall be completed within the project area prior to the acceptance of the public improvements. 15. UTILITY IMPROVEMENTS. All sanitary sewers and watermain shall be installed in accordance with the approved Plans and Specifications for Public Improvements. Plan ''A" and Plan "B" The plan shall conform to the City's Engineering Design and Construction Standards Manual. AU restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the Gity asking for an inspection of the improvements. The City will then schedule a walk-through to create a punch list of outstanding items to be completed Upon receipt of the written punch list provided by the City, the punch 1 st items must be completed by the Developer and the City notified to re- inspect the improvements. 16. STREET MAINTENANCE DURING CONSTRUCTION. The developer shall be responsible for keeping public streets within and adjacent to the project area clean of dirt and debris that may spill, track. or wash onto the street from Developer's operation. A copy of this contract shall be approved by the City before construction activity is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property, Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible 'record " plans, an electronic file of the ''record'' plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: a. Developer/Developer Engineer's Certificate b. Land Surveyors Certificate certifying that all construction has been completed in accordance with the terms of this Contract All necessary forms will be furnished by the Cty. Upon re 'pi of 'record plansand affidavits, and upon review and verification by the City Engineer, the City Engineer wll accept the compJeted public improvements, 18. WETLAND MITIGATION. The Developer shall competeany required wetland mitioationirestoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If any required mitigation work is found to be incomplete or restorat)on is unsuccessful, and if Develo..r fails to remedy such default within fifteen (15) days atter written notice from the City (provided, however, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances), the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by tne City to perform the work. 19.. RESPONSIBILITY FOR COSTS. A. in the event that the City reoeives claims from labor. matenalmen. or others that work required by ths Contract has been performed. the sums due them have not been paid. and the laborers. matenalmen or others are seeking payment from the City.. and in the further event that such claims have not been resolved by Developer within thirty '30,1 days after written noticenot,ce from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of CM I Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claims) and deposit the funds in compliance. with the Rule, and upon such deposit. the Developer shall release, discharge. and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Oourt shall retain jurisdiction to determine payrnent of attorneys' fees pursuant to this Contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction wrth the project, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the project. the preparation of this Contract, review of construction plans and documents. and all costs and expenses incurred by the City in monitoring and inspecting projent, all at normal City rates therefor. All amounts incurred and due at the time must be fully paid prior to acceptance of the improvements, C. The Developer shall hold the City and its officers. employee.s. and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from project approval and development, The Developer shall indemnify the City and its officers, employees. and agents for all costs, damages. or expenses which the City may pay or incur in consequence of such daims including attorneysfees. Notwithstanding anything to the contrary, Developer's obligation to indemnify, hold harmless and defend the City shall not extend to any claim, liability, loss, costs, damages or expenses. including attorney's fees, which relate to, result from or are caused by the City's violation of applicable law, this Agreement or the negligence of the City andior its officers„ employees, consultants or agents The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneys' fees, E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 20. CITY PAYMENTS. There are no City payments for oversizing 21. SPECIAL PROVISIONS. The following special provisions shall apply to the project. A. implementation of recommendations and plan revisions as directed by the City Engineer, 22. MISCELLANEOUS A. The Developer may not assign this Contract without the written permission of City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer subdivides the property. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Deveiopers work or the work of its subcontractors or by one directly or indirectly employed by any of them, Limits for bodily injury and death shall be not less than S500,000 for one person and S1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence: or a, combination single, limit policy of $1,000,000 or more, The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the commencement of construction activity. The certificate shall provide that the City must be given thirty (,30' days advance written notice of the cancellation of the insurance. C. Third parties shall have no recourse a ainst the City under this Contract, It any portion, seetion. subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. This Contract shall run with the land and may be recorded against the title to the property, The Developer covenants with the City. its successors and assigns, that the Developer has fee tilie to the project property and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property, that there are no unrecorded interests the project property: and that the Developer will indemnify and hod the City harmless for any breach of the foregoing covenants. C. Ea h right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City. at law or in equity. or under any other areement, and each and every right. power and remedy herein I set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right. power or remedy. H. The Developer represents to the City that the project complies with all city, county. metropolitan, state, and federal laws and regulations. including but not limited to: subdivision ordinances, zoning ordinances,. and environmental regulations. If the City determines that the project does not comply, the City may, at its option. refuse to allow construction or development work in the project area until the Developer does comply. Upon the City's demand, the Developer shall cease work until there 1, compliance. 23. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the foUowing events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement a t 3(3 t; ',ray ,o f Fief:lop". rairtitrafter ttiortp-a, -.it ititiy the-4:..- .. r 117.-*\; re plig ':"Irr"' 1::: S'N'C."' 2; t r--?,t.:'...7.e."..-,' 'a: i'..7 L P: 8-2444-:::A.16:.... t.irldzi.':, +.he '7;i:T.',..ir-IFIr."''5. B. Failure by Developers to substantially observe or perform any material covenant. condition, obligation or agreement on their part to be observed or performed under this Agreementj eniii,tiie- eiLf:4:4 ::zt. i7.1t..7.:::717;.1 '14 thirt,,,' .°T r written, ritiere " tict4 4-44itir4,eest.s 24. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City. subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of th,. following: A. The City may suspend its performance under the Agreement until it receives assurances from Developers. deemed adequate by the City. that Developers will cure their default and continue their performance under the Agreement, Suspension of performance includes the riaht of the City to withhold permits including, but not limited to, building permits, B. The City may initiate such action, including legal or administrative act on. as is necessary for the to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers. or Immediately draw on the Letter of Credit, as set forth in this Agreement 25. ENFORCEMENT BY CITY; DA .GES. The Developers acknowledgeacknowIede the noht of the Crty to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City: that in the event of default by the Developers, the City may commence legal action to recover aU damages, losses and expenses sustained by the City: and that such expenses may incluae, but are not limited to the reasonablefees of legal counsel employed with respect to the enforcement of this Agreement 26. WARRANTY. Rrovi of the rE, rn h oh n 7 ff fr2 r!EL1:7 .Oho, ,EhEE. h E. 0 7 C; line Developer warrants all improvements required to be constructed by t pursuant to this Contract against poor rnaterial and -faulty workmanship. The Deveioper shall submit either .,:;,.,E-forrhz1r-E:E: b7EE,,E, fEE EEEEE-hiEEEi t-hEEEhE!h. ohoE erni-nverrientc, sein the S17,Ie C.":1SOreTiOr'' or a cash deposit or letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. 27. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all publicpubIc improvements, and construction of al! public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for the sum of $7620C 48Q, The amount of the security was calculated as follows: CONSTRUCTION COSTS: Eastern Village Trunk Sewer and Watermain St:'..i;:T;1 5 2 " Developer's Record Drawings $2,500 Construction Sub -Total Total Project Securities (at 125% Construction Costs) This breakdown is for historical reference: it is not a restriction on the use of the security: The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term, if the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down If the security is drawn down, the proceeds shall be used to cure the default. 28. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City have been satisfied, with City Engineer approval the security may be reduced as follows: A. Up to a 53:P/i), or of the security provided in accordance with paragraph 27. above may be released when: (1) all utilities have been installed, all testing has been successfully completed, and the utilities are considered ready for use by the ity Engineer; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided. B. Up to an additional 25%. or $ 'Al 1; ''(Er; of the security provided in accordance with paragraph 27 . above may be released when (1) all improvements under this Agreement have been completed to the satisfaction of the City Engineer including all restoration and corrective work for any identified punch list items; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivers: are provided. 33 five percent (25%) of the security provided in accordance with paragraph 27 ove shall be retained as security until: (1) all improvements have been completed; (2) all finan ial obligations to the City satisfied. (3) the required "record" plans have been received and approved by the City, (4) a warranty securitysecurfty s provided, 1r cre7fle- v;2:-171r,t',.' and (5) the public improvements are accepted by require he City. 29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash ents under this Contract which must be furnished to the City at the time of project approva): City Engineering Administr Escrow Total Cash Requirements Lion $20000 (Based on two months of administrationlobservation) $20.000 30. NOTICES. Required notices to the Deveoper shall be in writing, and shall be either ,and delivered to the Developer. its employees or agents, or mailed to the Developer by certified mail at the following address: 10850 Old County Road 15, Suite #200, Plymouth. MN 55441. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or ailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall. 3800 Laverne Avenue N. Lake Elmo. Minnesota 55042 31. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property on which the proect wilt be constructed by way of an attorneys title opinion or title insurance policy dated not earlier than thirty (30) days prior to the start of construction, 1 4 (SEAL) CITY OF LAKE ELMO BY: AND DEVELOPER: GWSA, L LT. BY, Its: ROBERT ENGSTROM COMPANIES„ INC: BY: 15 Mayor y Clerk STATE OF MINNESOTA ( ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of 2 . by arid by , the Mayor and City Clerk of the City of Lake Eimo a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. STATE OF MINNESOTA COUNTY OF NOTARY PUB' IC ( ss. The foregoing instrument was acknowledged before rne ths day af 2 by the ['EL) b' C`..qy La -ye El(n:i 32,00 Laverne Avenue Ncrth Lake Elmo, MN 55C,42 747-`,2,9'D1 NOTARY PUBLIC 16 FEE 0 NER CONSENT TO DEVELOP ENT CONT CT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract. affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them Dated this day of 2 STATE OF MINNESOTA ss COUNTY OF The foregoing instrument was acknowledged before me this day of_ 2 by DRAFTED BY' City of i_a•se Eno •350C ayernc,4. Avom.e North Lk:E,mc, MN 55C142 16.51747-39C'. NOTARY PUBLIC 17 MORTGAGE CONSENT TO DEVELOP. ENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of STATE OF MINNESOTA ss. COUNTY OF 2 The foregoing instrument was acknowledged before me this day of 2, by NOTARY PUBLIC DRA77ED RY City' Of Lake Elmo Laverne Ave-l_le Nort Lae Ei-np MN 542 74739C-, EXHIBIT "A" TO DEVELOPMENT CONT CT Legal Description of Project Property LLCProper: All that part of the Northeast Quarter of the Southeast Quarter and the Northwest Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter and the Southwest Quarter of the Northeast Quarter ail being in Section 13, Township 29 North, Range 21 West, Washington County Minnesota. lying south of the southerly right-of-way line of the Union Pacific Railroad, and furtner described as follows' Beginning, at the East Quarter Corner of said Section 13: thence South 0 degrees 02 minutes 51 seconds East: bearings based on the Washington County Coordinate System (NAG 83), along the east line cf said Southeast Quarter of Section 13, a distance of 1321.17 feet to the southeast corner of said Northeast Quarter of the Southeast: Quarter: thence South 89 degrees 32 minutes 18 seconds West along the south line of the North Half of said Southeast Quarter, a distance of 2637,64 feet to the southwest comer of said Northwest, Quarter of the Southeast Quarter; thence North 0 degrees 00. minutes 58 seconds East along. the North and South Quarter Section line of said Section 13, a distance of 1397 70 feet to the southerly rioht-of-way line-, of the Union Pacific Railroad thence North 72 degrees 32 minutes 48 seconds East along said southerly tight - of -way line a distance of 59,19 feet tc the point of intersection with a line being 56 00 feet east of, as measured at right angles to, and parallei with said North and Soutn Quarter Section line of said Section 13: thence South 0 decrees 00 minutes 58 seconds West along said parallel line. a distance of 330.00 feet thence at right anglesSouth 89 degrees 59 minutes 02 seconds East a distance of 300.00 feet thence (at right angles) North 0 degrees 00 minutes 58 seconds East. 424,41 feet to said southerly right-of-way line of the Union Pacific Railroad: thence North 72 degrees 32 minutes 48 seconds East, along said southerly right-of-way line of the Union Pacific Railroad, a distance of 2378.80 feet to the east line of said Southeast Quarter of the Northeast Quarter, thence South 0 degrees 02 minutes 53 seconds East along said east line, a distance of 883,82 feet to the point of beginning Excepting therefrom that part of tne Nortnwest Quarter of the Southeast Quarter of said Section 13, lying within the following described area: Commencing at the southwest corner of said Northwest Quarter of the Southeast Quarter: thence North eland the west line of said Southeast Quarter of Section 13, a oistance of 240.00 feet to the point of beginning: thence continuing North along said west line of the Southeast Quarter, a distance of 667,80 fee: thence East at right angles a distance of 30 00 feet: thence southeasterly by a defection angle to the right 46 degrees 28 minutes 00 seconds_ a distance of 220.70 feet: thence southeasterly by a deflection angle to the let 20 degrees 35 minutes 00 seconds, a distance of 286,80 feet: thence south by a deflection angle to the right 64 degrees 07 minutes ano parallel with said west iine of the Southeast Quarter, a distance of 382.70 feet thence West at right angle, a distance of 44C.00 feet to the point of beginning. And Excepting from the first above described area all that part lying Easterly of a line 60.00 feet West of, measured at right angle to and parallel with the center line of County State Aid Highway 15 described as follows: Commencing at the East Quarter comer of said Section 13; thence South 00 degrees 51 minutes 49 seconds East. bearing oriented to the Washington County Coordinate System South Zone along the East line of said Section 13 to the southeast comer of said Section 13 and the beginning of the center line to be described- thence North 00 degrees 45 minutes 51 seconds West a distance of 3571 19 feet thence North 00 degrees 54 minutes 55 seconds West a distance of 1000.00 feet and said center iine there terminating, except the Chicago and Northwestern Railroad right -Of -way Washington County. Minnesota, ,c-`cfrJ( J riliclet? Property: That part of the West half of Section Thirteen 13), Township Twenty-nine .29',1 North of Range Twenty-one 121,i, lying within the following boundaries to -wit: Beginning at the quarter post in the center of the South line of said Section; thence running North along the Center Line of said Section to a point in the center of the Sant paw & Stillwater Road: thence Southwesterly along the center of said road to a point forty -lour l',44) 19 Rods Wes: of the East Line of the Northwest Ouarter of said Section: thence South on a Iinc paratie with the West line of said Section to a point in tne South line. thereof Forty-four (44) Rods West of the center post said iine: thence East Forty-four (44) Rods to the place of beginning, excepting, however, a strip of land One Hundred (100) Feet in vii±dth. oeing Forty-four i:44) feet on the north side and Fifty-six (56) feet on the South side of centei- line of St P.S. & T. F. Ry. track as constructed over anc across East Forty-four (44.) Rods of West One-natf (W 1/2), and also excepting therefrom the East 726 feet of the South 18OCi feet of the Southwest Quarter (SW 14) of Section 13 Township 29 North. Range 21 West. Washington County, Minnesota. according to the United States Government Survey thereof. subjec: to the right 7.,4 way of Minnesota Trunk Highway No. 5 (also known as Stillwater Boulevard North), and is also subject to a 20 foot road use easement recorded by Document Nurnbe 328273 in the Office of the County Recorder, Viiashingion County, Minnesota. and is also subject to a Northern States Power Easement rec.),orded in Book 13.6' of Deeds Page 297, in the Office of the County Recorder: Washington County. Minnesota. 20 IRREVQCAKE LETTER OF CREDIT TO: City of Lake Elmo Dear Sir or Madam. No. Date. VVe hereby issue. for tne account of jne of Developer) and in your favor. our irrevocable Letter Or Credit in the amount of S. , available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear tne ciause. "Drawn under Lettei of Credit, No._ (Name of Banki di Be signed by the Mayor or City Adminstrater of the City of Lake El c) Be presented for payment at. (Address of Bank) . on or before 4:03 p.m. on November of Tnis Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45:: days prior to the next annual renewal date (which shall be November 30 of each year. the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel. this Letter of Credit Written notice is effective if sent by certified mail postage prepaid, and deposited in the US Mail, at least forty-five (.45.1 days prior to the next annual renewal date addressed as follows, City Administrator, City Hall, 3500 Laverne Ave, N. Lake Elmo Minnesota 55042 and iS actually received by the City Administrator at least thirty (30i days prior to the renewal date, This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended. amplified. or limited oy reference to any document instrument, or agree:Tient, whether or not referred to herein. This Letter of Credit is not assignable_ This is not a Notation Letter of Credit, More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by tne most recent revision of the Uniform Customs and Practice for Documentary Credds. International Chamber of Commerce Pubiication No, 500 We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation BY: Its DATE: 84115 REGULAR ITEM # 13 RESOULTION 2015-063 AGENDA ITEM: Wildflower at Lake (Phase1 Developer's Agreement SUBMITTED BY: Kyle Klatt. Conuntinit) Development Director THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin. City Engineer Dave Synder. City Attorney SUGGESTE ORDER OF BUSINESS: Intruction of hem D1;s1eloptrent Director - Report:Presentation. „ „,_ Development 1ireet,.4 („fuestions from Couneil totat 1rr Facilitates - for Motion „. ......... Mayor & Cii‘ Council - Discussion May or & ounci - ,Netion on .Mao" Facilitates POLICY RECCOMENDER: Staff is recommending that the City ("Outwit approve a developer's agreement associated with the first phase of the Wildflower at Fake 1-hm development. The agreement has been drafted based on the model agreement previously reviewed by the Council. FISC:AL IMPACT: Direct Payments to Developer TBD: the project development plans Mink some oyersizine of water and sewer lines. l'he City is reviewing the developer's eslimates fk..)r the oversizing costs, and is asking that the amount as ettn-ently included in the zofreerrient be subject to rekiew and approval by the City Fingineer, Future financial impacts include maintenance of streets. trails. sanitary sewer mains., watermains and other public infrastructure. inaintenanee )t.' storm water ponding areas taller three years). monthly lease payments for street lights. and other public linzincial responsibilities typically associated with a new development, The zr.treentent requires :i payment from the developer tar At !AR cost reimbursement constituent with the Cio,'S IQL` SaCdkliC, -- COUTICil 1,1:V.P1(41 Jr; 3 A ogusl SUMNIARY AND ACTION REQUESTED: The City Council is being asked to authorize execution of a developer's atreement for the first phase or the Wildflower at Lake Elmo. The attached agreement has been reviewed by the City Staff, and all recommend changes specific to the Wildflower paijeet have. been incorporated into the document as drafted. This agreement must be executed before any construction activity. outside of the previously authorized grading work_ ma‘ proceed on the site. •Ihe recommended motion to take action on the request is as follows 'Vow to adopt Resolution 15-01$3 approving the developer 'N agreement for 11(iflower at Lake Elmo" I.I'..GISLAT1VE HISTORY/STAFF REPORT: One of the conditions attached to the resolution appru\ inc the Wildflower Final Plat and Plan specifies that the developer enter into a Developer's Agreement prior to the CV:COI/011 Of the plat by City officials. Staff has drafted such an agreement consistent with the City's developer's agreement template. and this document is attached fir consideration by the City Council. Please note that the document as drafted contains some modifications to the original template based on some of the unique aspects of the Wildflower development. 'Ihe key aspects (lithe attreernent inelude ThC following components: That all improvementsio he completed 11v NOV ernbcr 30. 2016, That the developer provide a letter of credit in the amount of $4.552.426 related to the COSof the proposed improvements. That the developer provide a cash deposit of S426.050 fur SAC and WAC charges. engineering administration. one year of street IicIitoperating. costs and other City lees. These fees include the At iAR fee of S230 per unit -which is required for all projects within the Village Planning Area and intended to reimburse the City's for its expensesn preparing the Village A ()AR. The agreement includes no required park fees in lieu cilium] dedication. The developer is asking that the proposed park land. trail. and preservation areas he accepted for all required park dedications. A City payment for utility oversizing of S-19,915. The calculations for th s amount are still being reviewed by the City Engineertf1 is Staffreconunending. that approval of the agreement he conditioned upon the review and approval of the oversizing payment b the City Engineer. The aireentcnI includes the updated letter of credit reduction schedule that was approved for recent projects and provides for a better connection between the work that will bc occurring in the field and the tim*, of this Work, — pa!4c 2 — ,!1?;:gr6trAgCrb.:::a 4. 2(115 l'he Cit) Engineer has not approved thc linai construction plans for the project. and no work will zillowed to commence on the site until these plans are approved by the Cit) (this plan review is close to heini4 completed): BACKGROUND !NFORNIATIO. 'SWOT): Strengths: l'he developer's agreement has been dr:tiled 1.ivarai1Ice that the improvements associated with the Wildflower development plans vvili installed in accordance with Cit.), specifications, ENe;:t.ili011 1 th developer•s aizreernent and ccimpliancc with all conditions in the agreement will allo\\ the developer to record the Final Nal. The proposed first phase improvements include the extensive Trail Systv,m1 that will provide. a significant amenity to this development and the surrounding Jtreas, Weaknesses: The Cit) sum: responsibility for future maintenance of the public improvements. Opportunities: f he proposed improvements es ill provide foinrastructurc connections to adjacent propenies, and in particular, will include a stub to extended sewer service ncirth or the project Threats: The Cii). need to provide construction (ihservation throt.whout the course of:the project (these costs will he covered under an Enncering Administration Ecrow.). RECONIMENDAT1ON: Rased on the above Staff report. Staff is recommendin that the City Council approve the Developer's Agreement for Wildflower at Lake Elmo and that the Council direct the `slayor and Stall to execute this. document upon a final review of the ov payment request by the (.:ity1 ndneer. lite stligested motion to adopt the Staff recorm-riondation is as follows: "Move to adopt Resolution 2015-063 am -awing the dereh,per'S , reine,ujr Ffildflower it Lake Elmo" 'HMENTS: Resolution 2015-063 . Wildflower at Lake LIrno Developer's .Arecinent. Final Draft RESOLUTION NO. 2015-063 RESOL PPROVNG THE DEVELOPER'S AGREEHENT FOR WILDFLOWER 47' L. IKE ELM() (PHASE Ti WHEREAS. the City of Lake Limo is a municipal corporation organiyed and existing under the laws (lithe State ut' Minnesota: and WHEREAS. Robert Engstrom Companies. 4801 West 81'' Street. tl 101. Bloomington. MN t"Applicant-) has previously submitted an application to the City of L lake Elmo (-City-) for a Final Plat for Wildflower at Lake Elmo: and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Wildflower at Lake Elmo at a meeting held on April 7. 201.5: and NATIEREAS, The Lake Elmo City Council adopted Resolution No. 2015-060 on July 21. 2015 approving the Final Plat for Wildflower at l,ake Elmo: and 'WHEREAS, Condition (7:1 0 r said Resolution No. 2015-060 establishes that. prior to the execution of the f inai Plat by City officials. the Applicant is to enter into a Di:veloNr's Aufearwrit with the Cit>: and WHEREAS, the :Applicant and have agreed to enter into such a contract. and a copy of the Developer's Agreement was submitted to the City Council for considcrnion at its AAwust 4. 2015 meetino., NOW. THEREFORE, based on the information received. the Cit.) Council °Cale Cit\ of Lake Limo does hereby approve the Developer's Aureemcnt for Wildflower an Luke [lino and authorizes the ivlayor and City Clerk to execute the document subject to final reviewand approval of the requested uiilit oversizing payments by the City. Engineer. Passed and duly adopted this 4 day of August 2015 by the City Council of the City of Lake limo, Minnesota. Mike Pearson. \In or AITLST: Julie Johnson. C't Clcrk ih'h#K‘rt, # CAP' DEVEL. E T C CT AGREEMENT dated_ sewer and Id o er at Lake _. 2015, by and between the CITY OF LAKE ELMO a Minnesota municpaI corporation ("City-). and Robert Engstrom Companies, a Minnesota corporation (the "DeveloperTh 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Wildflower at Lake Elmo (referred to in this Contract as the "plan. The land s situated in the County of Washington, State of Minnesota, and is legally described in the attached Exhibit AI 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract furnish the security required by it and record the plat with the County Recorder or Registrar of Tties wthin (180) days after the City Council approves the final plat RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees. construct sewer lines, water lines. streets, utilities, public or private improvements, or any buildings until all the foUowing conditions have been satisfied: 1) this agreement has been fully executed by both parties and flied with the City Clerk. 2) the necessary security has been received by the City, 3) the plat and required homeowner's ssocationassociation documents have been recorded with the Washington County Recorders Office, and 4) the City's Community Development Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4, PHASED DEVELOPMENT, This plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City, Except as provided for herein, park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary pat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks 5. PRELIMINARY PLAT STATUS. The plat is a phase of a mutti-phased preliminary plat. the preliminary plat approval for all phases not final patted shall [apse and be void unless final patted into lots and blocks, not outlots. within five (5) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS, For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the residential use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following pans and at the Developer's sole expense. The plans shall not be attached to this Contract, If the plans vary from the written terms of this Contract, the written terms shall control. The plans are,' Plan A — Final Piet Plan Ei — Final Grading. Drainage. and Erosion Control Plans Plan 0 — Final Sanitary Sewer. Water Main, Storm Sewer, and Street Plans Plan D Final Landscape Plan 8. IMPROVEMENTS. The Developer shall instal! and pay for the following: A. Streets Sanitary Sewer 'Watermain D, Surface Water- Facilities (pipe, ponds, ram gardens; e E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities Street Signs and Traffic Control Signs J. Landscaping and Street Trees K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance, In addition! the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developc.r's engineer shall provide for on -site, project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a mutually agreeable time at the Lake o Public Works Building with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in 3 strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this .agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 36, Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the plat. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in its full amount. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observationshall inciude, at the discretion of the city, part or full time inspection of proposed public utilities and street construction. Services will be billed, on an hourly basis. The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development_ Developer will cause the contractors ) to furnish the City with a schedule of proposed operations at least five f'5'i days prior to the commencement of construction of each type of Improvement_ City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the Citys governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created, 1 0. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above, 11, PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits. including but not limited to: A. Right -of -Way Excavations and Obstructions: • City of Lake Elmo, Right -of -Way LitHty nstallation(s) • City of Lake Elmo, Right -of -Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County. Street or Driveway Access(s) • Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation. Right -of -Way Permit Watermain Extensions: • innesota Department of Health Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Stormwater Management, • Valley Branch, Brown's Creek or South Washington Watershed District Perrnit E. Erosion. Sedimentation Control: • Minnesota Pollution Control Agency. General NPDES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan:/ F Wetland Mitigation: - Board of Water and Soil Resources, WCi; G. Construction Dewatering: Minnesota Department of Natural Resources 12. T E OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2016, with the exception of the final wear course of asphatt on streets, The Developer shall have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basic improvements or instaUing it after the first course has weathered a winter season. consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conclitioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outsideof this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development, 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via the planned construction access off of 39' Street. Construction access to the site shall be alto via an existing driveway easement from State Highway 5 (Stillwater Boulevard) until such time that the 39" Street right-of-way is capable of supporting access construction for construction equipment. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City wifl require the developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer andk)i their representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16, 17, and 18. For the purpose of this. paragraph. Electronic message (email) shall be deemed an acceptable method of notification provided it is captioned 'Notice pursuant to Development Agreement-. 16. EROSION CONTROL. Prior to initiating site grading. the erosion control plan, Plan B, shall be implemented by the Developer and inspeted and approved by the City. Erosion control practices must comply with the approved plans and specifications for the plat., with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Pra ,ice..s, The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten 1C)) days, the City may draw down the security to pay any costs. No development., utility or street construction will be allowed and no building permits wi1 be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public mprovements. the developer assumes all responsibility for erosioncontrol compliance throughout tne plat and the City may take such act n as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City's building permit requirements, or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan Plan "B", The plan shall conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as -constructed grading plan. Within thirty (30) days after completion of the grading. the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that ali trails, ponds: swales, and ditches have been constructed on public easements or land owned by the City, The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds: b) location and elevations along aft swales, emergency overflows, wetlands, wetland mitigation areas if any„ ditches, locations and dimensions of borrow areas/stockpiles, c) lot corner elevations and house pads and d) top and bottom of retaining walls. The City will not issue any building permits until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan D. The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets. sidewalks, the boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initia improvernents, The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements_ The final bituminous wear course may be installed in accordance with paragraph 12. above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed when hazards develop in streets to prevent the public from travel ng on same and to direct attention to detours, If and when streets become impassable., such streets shall be barricaded and closed, in the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the 8 subdivision clean of dirt and debris that may spill. track or wash onto the street from Deveopers operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute, final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the develop ent. At a minimum, scraping and sweeping shall take place on a weekly basis, A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVE ENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of re..producibie„ "record" plans, an electronic file of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Eng ineers Certificate Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Contract, Al,' necessary forms will be furnished by the Oity Upon receipt of -reoord plans" and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements, 21. PARK DEDICATION. The City Council has a ,.,epted the developer's plans for a shared park with the development to the west of the plat, an extensive paved public trail system, and a large, privately owned nature conservancy area as meeting the developer's obligations for the plat. No additional land or fees in lieu of land dedication are required. 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges () and all water availability charges (VVAC) with respect to the Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,00C100 per REU shall be paid by the Developer priorto the City recording the final plat. The total amount to be paid by the Developer is $180,000. The water availability charge (WAC) in the amount of $3„000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $180,000 . In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met Council sewer availability charge in the current amount of $2,435.00 per REU, and a water connect on charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. These amounts are charged at the time of building permit in accordance with the latest city fee schedule. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the n tallation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the installation of street lights consistent with a street lighting plan approved by the City. The Developer shall coordinate the installation of street lights with Xcel Energy in conjunction with the other improvements, and agrees to pay Xcel Energy for all upfront costs associated with the street lighting system, including underground cables. posts, lamps. ballasts, starters, photocells. and glassware. All street lights will be leased by the City upon final acceptance of the system. The Developer shall also pay $750 in payment for the first year operating costs for street lights. 25. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except six model homes on lots acceptable to the Community Development Director, B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. The monument design shall be approved by the Community Development Department. VVritten certification of the as -constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer; including nonpayment of Dfflings from the City, shall be grounds for denial of building permits and/or withholding of other permits. inspection or actions, including lots sold to third parties. and the halting of all work in the plat. E. If building permits are ssued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City. Developer, theft contractors, subcontractors, materialmen, employees. agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. G. The City will not issue a certiftcate of occupancy for any building constructed on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public sewer and water, curbing, and one lift of asphalt is installed on all public and private, streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must be on file at the City for the block where the building is to be located. 26. RESPONSIBILITY FOR COSTS. A. in the event that the City receives claims from labor, materialmen. or others that work requiredby this Contract has been performed, the sums due them have not been paid, and the laborers, materamen or others are seeking payment from the C ty, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civl Procedure for the District Courts. to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall releasedischarge. and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine payment of attorneysfees pursuant to this Contract. B. Except as otherwise specified herein. the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning. engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and ail costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording, C, The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs. damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees, D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request. the City will provide copies of detailed invoices of the work performed. I 2 27. CITY PAYMENTS. In the event City payments are required by Secton 271L, below, within thirty (30) days of the City's final acceptance of the Improvements. pursuant to Sect on 20 of the Contract, but only if the Developer is not in default to this Contract, the City shall pay to the Developer the sums set forth in the attachment to this Contract as Exhibit B. The actual amount of the reimbursement shall be based on actual construction costs which will be verified by the Developer to the City in the Plans submitted to the City as required in Section 19. This payment by the City shall be the City's only responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any other nh1 of the City under this Contract or under applicable laws, ordinances or rules A. City payments pursuant to this Contract shall be: $49,914.50 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A, implementation of the recommendations listed in the July 8, 2015 Engineering memorandum and subject tc approval of the final constructiort plans by the City Engineer. B. In conjunction with the recording of the final plat, the developer shall convey Outiots B C. J, and K to the City by warranty deed. These areas represent storm water infiltration basins or land to be used for park purposes. 0. The Developer must obtain a sign permit from the City Building Official prior to installation of any permanent subdivision identification signs. D. Ail trails shall be located on outiots tc he deeded to the City or within easements dedicated to the City of Lake Elmo. Title commitments shall be provided for all land so dedicated, E. The Developer shall observe any State or County requirements for work within or adjacent to their respective right-of-way. F. The Developer shall record a Declaration of 0ovenants, Conditions, Restrictions, and Easements (hereinafter "Declaration") along with the plat. The Declaration shall require the Wildflower at Lake Elmo Homeowners Association to be responsible for maintenance of lands aping installed in areas outside of land dedicated as public park and open space on the final plat. G. The final construction plans shall include a trail connection along Lake Elmo Avenue between the existing trail outlet to Lake Elmo Avenue and the boundary between the Wildflower development and the property south ofWildflower. H, The developer shall establish a legally binding agreement to prevent further residential or commercial development of all outlots planned for open space or conservation uses The developer shall provide a completed bituminous driveway connection to the Smith property at 11514 Stillwater Boulevard North as part of the improvements associated with Phase 1 of the development. J. The developer shall complete the pianting and removal work at the Eischen property al 11647 Stillwater Boulevard North as described in a private agreement between the developer and Eischen family as part of Phase 1 of the development. Other mitigation measures as previously agreed to between the developer and any private parties shall be completed in accordance with such agreements. K. The natural habitat areas within the development shall be privately owned and maintained by the Wildflower HOA. All trails other than those designated for public use and 'located within public easements, public right-of-way, or on City -owned land shall be privately owned and maintained. 29. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council.. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots. the entire plat, or any part of it. B. Retaining walls that require a budding permit shall be constructed in accordanceh plans and specifications prepared by a structural or geotechnical engineer licensed by the e of Minnesota. Following construction. a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built, i4 Appropriate legal docurnents regarding Homeowner Assocation documents, covenants and restrictions relating to the plat approval and outlets and conveyances, as approved by the City Attorney. shah be filed with the final plat. No third- party beneficiary status is hereby conferred, All outlets and common areas including Outlots AD, F, H,I, L. NI, N, 0 and P and I shall be maintained in good order and repair by a homeowner's association, and, if it does not do so, then the City may perform the work and assess the costs against the individuaindividual lots within the pat of Wildflower at Lakeand without regard to the s or requirements of Minn. Stat. § 429. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury: including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than S500,000 for one person and $1,000.000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence: or a combination singe limit policy of $1.,000.000 or more. The City shall be named as an additional nsured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. Third parties shall have no recourse against the City under this C,ontrarat Fif any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is to: any reason held invalid, such decision shall not affect validity of the remaining portion of this Contract. G. The action or inactien of the City shall not constitute a waiver or amendment to the prows ens of this 0ontract, To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. e Developer covenants with the City, its successors and assigns, that the Developer has fe Li title to the property being final platted and/or has obtained consents to this Contract, n the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City. at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right. power or remedy, J. The Developer represents to the City that the plat complies with all city.. county, metropolitan.. state, and federal laws and regulations, including but not limited to: subdivision ordinances, .zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the Cityrs demand, the Developer shall cease work until there is compliance. 30. EVENTS OF DEFAULT. The follow ng shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. 31, REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise ten. executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives 16 assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including but not limited to, building permits. B. The City may initiate such action, including legal or administrative action_ as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to do the work and assess the costs to the individual lots within the plat without regard to the formalities or requirements of Minn, Stat. §429„ 32. ENFORCEI ENT BY CITY; D. AGES. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means, The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may resutt in substantial damages to the City, that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City: and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either a letter of credit for twenty-five percent of the amount of the original cost of the improvements. A. The required warranty period for materials arid workmanship for the utility contractor installing pubic sewer and water mains shall be two (2) years from the date of final written City, acceptance of the work. The required warranty period for all work relating to street construction, including concrete curb and gutter. sidewalks and trails, materials and equipment shall be subject to year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a Pe od of two (2) years from the date of final written City acceptance of the work, C. The required warranty period for sod„ trees, and landscaping is two growing seasons toUowing installation, D. The required warranty for landscaping within storm water infiltration areas to be deeded to the City (Outlots J and K) shall be three (3) years following installation. The developer shall also enter into a maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination of weeds and invasive species. 34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $4,552,426. The amount of the security was calculated as follows: CONSTRUCTION COSTS: 1) Grading 797,490 $996,863 21 Sanitary Sewer $335.686 S419,608 Watermain $343,489 $429,361 4) Streets $944,628 $1,180,785 5) Surface Water Facilities (pipe, S637,813 $797,266 ponds, rain gardens, etc) 6) Erosion Control Included in grading amount 7) Sidewalks/Trails $362,762 $453,453 8) Street Lighting Xcel to Install, to be pre -paid directly by developer 9) Street Signs and Traffic Control S11.572 $14 465 Signs 10) Landscaping $200.000 S250,000 IS 11) Tree Preservation and Restoration Included in landscaping 1,2) Wetland Mitigation and Buffers Separate letter of credit through Watershed District 13) Monuments $6,000 $7,500 14) Miscellaneous Facilities NIA N/A 15) Developers Record Drawings $2,500 $3,125 Construction Sub -Total 53.641.940 Total Project Securities (at 125% $4,552,426 Construction Costs) This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator.. The City may draw down the security for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required temn. If the required public improvements are not completed at least thirty if 30) days prior to the expiration of the security, the City may also draw it down If the security is drawn down, the proceeds shall be used to cure the default. 35. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations to the City nave been satisfied, with City Engineer approval the security may be reduced as follows: A. Upon completion of grading operations. including temporary site restoration Developer shall submit an as -built grading survey to the City. Upon inspection of the site and approval of the as -built survey by the City, 1QO, or $996.863, of the grading security shall be released, B. Up to 75:,:fri of the remaining security provided in accordance with paragraph 33 may be released at the following stages of construction and project approvals by the City a. Construction Categories 2 and 3; The amount of $636,727 may be released when all sanitary sewer and watermain utilities have been installed, all testing has been successfully t9 completed. uthity record drawings have been verified, and the utilities are considered ready for use by the City Engineer. b, Construction Categories 4-6: The amount of $1,483,538 may be released when all streets, sidewalks, trails_ storm sewer. and storm water facilities have been installed and tested, and have been found to be complete to the satisfaction of the C ty Engineer including all corrective work for any identified punch list items, but not including the final wear course. c. Construction Categories 7-15: The amount of $546,407 may be released when all remaining Developers obligations under this Agreement have been completed and the Public Improvements have been found to be complete to the satisfaction of the City including all corrective workfor any identified punch list items, but not including the final wear course, C. The final portion of the remaining security amounts in paragraph 33 above (25%) shall be retained as security until. (1) all improvements have been completed, including bituminous wear course. (2) iren monuments for lot corners have been installed, (3) all financial obligations to the City satisfied. (4) the required "record" plans have been received and approved by the City, (5) a warranty security is provided. and (6) the public improvements are accepted by the City_ 36. SU MARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $180,000 Water Availability Charge (VVAC) $180.000 Park Dedication NIA Street Light Operating Fee $750 City Base Map Upgrading S1,500 Village AUAR Fee $13,800 City Engineering Administration $50,000 (Based on two months of Escrow administrationtobservation) Total Cash Requirements $426,050 20 37. NOTICO ES. Required notices to the Developer shalt be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Robert Engstrom Companies, 4801 West 81st Street, #101, Bloomington, MN. Notices to the City shall be in writing and shall be either hand delivered to the Cty Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo. Minnesota 55042. 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership of the property being platte-d by way of an attorneys title opinion or title insurance policy dated not earlier than thirty 30) days prior to the execution of the plat. (SEAL) CITY OF LAKE ELMO BY: AND DEVELOPER: Mayor City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of 2 . by and by , the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on b half of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 2 the NOTARY PUBLIC DRAF TED EY: Ct ef Lake Er-lo 31:300 Laverne Avenue North Lake Elmo MN 55042 747_37101 day of by FEE 0 NER CONSENT TO DEVELOP ENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of STATE OF MINNESOTA ) ( ss, COUNTYOF by 2 The foregoing instrument was acknowledged before me this day of DRAFTED EY City of Lk Err: 36a:1Laveme,AverwE: Nci-th LaK2 EiTic, MN -:5*.:142 e.5 747-3901 NOTARY PUBLIC MORTGAGE CONSENT TO DEVELOP ENT CONT CT . which holds a mortgage on the subject property, the development of which s governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 STATE OF MINNESOTA ( ss, COUNTY OF The foregoing instrument was acknowledged before me this day of 2 , by_ NOTARY PUBLIC DRAFTED BY City cf Le Elmz, Laverne AvenQf-_, Nr:17M LakeElimc. MN 55C4:2 EXHIBIT "A" TO DEVELOP ENT CONT CT Legal Description of Property Being Final Platted as Wildflower at Lake Eirno EXHIBIT B" TO DEVELOP ENT CONT CT City Overszing Payment Calculation -26 crion ENGINEER'S ESTIMATE FOR UTILITY AND STREET CONSTRUCTION WILDFLOWER AT LAKE ELMO - lst PIIASE-OVERSIZING IN LA ELMO, MN July 31, 2015 Plan Date: 7-22-15 8fl Sanitar7k SOVCr - I St I'ha.e licm Contract Item ; SS-15 !lir INC t'Vt, SI /f )o.. SS-17 tB" V'VC SDR ti 1).1.vb 10" 1V(' PVC SDR 21i. 2.-r-24- SS-7'2 4- PVC SDP. ,7.6 x!1" PVC' ScrA.c...' Y!! Total Plan Sanita ScAer Ecti Price UId 1...stiinate Quniit \ mount -,, i 5-3r„,..INI.tio S58,th) 4_,Li $5ti.o,0 _ 1416 SIN:PKO0 S,17.10 SJ2.5. 1;1.572.5;; ii,.1./.i51).1.0 !N-ciion ‘2 llo,cloprnen OnIN Sanita Soscr - 1st Phase Contract Item PVC" Sl)R. 26. 11.;'-12' 8" PVC sl)R, Dq.th PVC S ,?6,, PVC SPI: IS'-20' SDP, -7!: DorH, S SR 2-24 f.h111 1" ?V(SI)R 2f.; Ricr 1"0, i t: '4,111110A: i:vIna_1.),TI:i Iota, DeNelnplilt!'ffi SaitarSeN1 ;unt SI22.218.541; BiJ Lsiiitiste Quaritil Amount 455 SI 5.30: S10.;i75 70.5 S.1.1g8.5;'; 18 SNit.887_511; atermain - lst Phase Item 4 l', (las, 32 \1-3 Contract Item 1 °till Plan Waterniain Estimate %mount :Section 132 - De% clopment Onl,k Watermain 1st Phase ('iontract Item -2 8"r 1 P ‘t"\.1-5. P,t,r. 1 irt,i12 WV1-11:i Volve floN Des eloement (Ink N1 aterniain Estimate Amount otaiSanitar- (tversizing Cost otal P411I ti:elitar% Estirmik; 1 I oval 1,).:,•-vcri(Tmm Ord. 3, :,r1I1;v 21;7101,:11 ,SAN1T1RV (WERSIZE (1)ST ermain 0ver5ize Ciist foioI OnIN Amoutu r\l'Arlt it!„1,1,1IN („)\'ERSIZI.: (11S1 GRAND 101,11, OVERSIZE COSI Estimate ....„„ _ Enit l'nit Price Quantity 17 749 1 .41, S-,'.2i)(1„01,1 Rid Estimate 1 nit Price Ottantirt mount ,1„+,773,ort 744 S.2g„42.(II)1 i:0.7{Ft!,(1t1 S37364.50'1 S80.87.-Y2i S.-11_1,11.114i i4S,1:1/0 S8.3).43.54,1 S-14,914,5011 IRREVOCABLE LE ER OF CREDIT TO; City of Lake Dear Sir or Madam No Date: Je hereoy issue. for the account of lName of Develober and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by you draft drawn on sight on the undersigned bank at its offices in. Minnesota. The graft must al Bear the clause "Drawn under Letter of Credit No, of iName of Banls dated 2 b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. cl Be presented for payment at ;Address of Bank) on or before 4:00 p.m: on November 30. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45:: days prior to the next annual renewal date (which shall be 'November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of. or cancel, this Letter of Credit. Wtiten notice is effective if sent by certified mail, postage prepaid, and deposed in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as foliows: City Administrator City Hall 3500 Laverne Ave, N. Lake Elmo Minnesota 55042 and is actually received by the Dty Administrator at least thirty 30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be mocffied amended amplified, or limited by reference to any document. instrument, or agreement, whetner or not referred to herein. This Letter of Credit is not assignabe This is not a Notation Letter of Credit. More thanone draw may be made under this Letter of CreciFt. This Letter of Credit shall be governed by the most recent revision of the Unifon-n Customs ant Practice tor Documentary Credits. International Chamber' of Commerce Publication No. 500. We hereby agree that a draft drawn: under and in cornpliance witn this Letter of Credit shall be duly honored upon presentation. BY: Its MAYOR AND CMJKIT,,.,(70MMUNICAT1ON DATE: 08:0,-V201,5 REGULAR 1-3 AGENDA ITEM: Approve Ait'':eniet11. fot. Pruir ry SUBNUTTED 131'. Clarl, Schroder. ittiiri Administrator THROUGH: Kv 1;iatt. Community I kvciopmo'r Director SUMMAR% AND ACEION RUQUESTED: With the Cit?v Pillevr ption currL.:nd. vacant. thd (:ommunity Development Dir;2.-,:lorLd :,tssiSlanihplannirvz duties while the (710, conduct: v:v.v proce.si5 for zt permanent City Piz:liner Staff 111 attempt Lk) `limit tile tailizution of tile contractor to reimbursable projects. u til.re may be a need for assistance with broader platiniril.i and /oilirnvz itcs. With the Citv Pianner vaciiane. tht, ant`uiapalil to havi: a ticutrai impact on 11-R- Piannini,.: Deportment nudtlet,. RECO NI M EN tmTio Mo/ion .7P approve the Agreemenifior City Planner Services" ATTACHMENT(Sr A:;ivt•c•me.ri flm Ct Piarinin Services AGREEMENT FOR ZONING & PLANNING SERVICES THIS AGREEMENT is made and entered into by and between the City of Lake 1 imo. a municipal corporation under the laws ()lithe State of Minnesota (hereinafter called Lake Elmo) and Sambatek. (hereinafter called -Consultant.). Lake 1..'.1ino desires to contract with Consultant for the pro v ision of supplemental zoning, and planning services. Accordingly, the parties agree that Consultant shall provide certain zoning and planning St.T\ ICQS, subject to the f011owing conditions; Zonina Services, The zoning services to he performed by Consultant include. but are not limited to consultation with the Mayor. City Council and Planning Commission, City Administrator, Cit Engineer and City Attorney on zoning and related issues; assisting. persons to comply with the toning ordinances, conditional use permits. variances. wetland elupmcut regulations. shorcland management regulations. and subdsion regulations. This shall he done by reviewing permit applications and conducting plan rcvioNs: investigating inquiries regarding ordinance requirements:. interpreting and explaining zoning ordinances: re\ icwingr. plans to determine compliance with zoning and subdivision ordinances: researching complaints oF violations and Qnforcine zoning -related issues: issuing written reports and orders: maintaining complete and accurate records: developing written policies on ordinance interpretation: coordinating activities with property owners. Consultants. residents and other interested parties to explain requiremems„ investigate complaints and determine appropriate action for issue resolution: monitoring and enforcing zoning ordinance. and other similar issues; and investigating and monitoring zonirq.i ordinance complaints and issuing orders of citations: attendance at Planning Commission meetings and attendance at City Council ineetings related to toning or subdivision requests: preparing zoning arid related letters or reportsand resolutions for the Planning Commission and City Council: working with neighborhood groups on traffic and zoning related issues. Other services include keeping I .ake 1-.1mo officials informed or and up- to-date on 7oning and subdivision problems and issues. and reconmiending ordinance. fee and policy changes as requested or necessary, ina Services. I he planning services to be performed bv Consultant include consultation ith the Ma \ or. Cite Council. Planning Commission. other Commissions., Citv Administrator. Cif) Engineer and City Attorney on planning and related issues including the comprehensive plan. implementation programs and other city issues. preparing ordinances and ordinance amendments. preparinQ plans and programs. attending non -toning or non -neighborhood local. regional and area meetings. negotiations. and non -zoning and 50b,kiiViSiOrt report writing. Page 1 of 6 3. Administration procedures.. I'his section is set forth to clarify the responsibilities of each party and to establish procedures for performing the services as provided above. RcSpOnsibililk Of Lake Flmo 1. Provide and maintain an office. meetingarea or Yorarea for the occasional ase of the zoning and pktnning administrator. including a telephone, forms and supplies to perform the work required of the position. Perform normal City clerical tunctions related Li). zoning and planning. such as publishini legal notices. keeping track of the application process, printing reports and letters, taking and preparing minutes. distribution of information. 3. ,Nicing ill' the Planning Commission Chair Person preparing the Planning CUMITliSSiOn Agenda, 4. Establish committees andor assign volunteers to work on ordinance revisions. Capital improvement Program and updates to the Comprehensive Plan and Short Range Programs as well as other issues that may be related the Planniing Services ',Abuc. 5. Maintaining permanent City records associated with the services to be pertOrtned. 6. Prosecute all violations approved for prosecution 17, the (it\ Council, 7, tssue all permits and collect fees associated with the ser \ ices to he perfOrmed. 8. Provide information to interested parties, B. Responsibility of Consultant 1, Provide Advice and consultation it, ate Nlavor. City Council, Pianniih! Commission. .Administrator, Citv Engineer and City Attorney, rovide t\ pewritten reports and other information for the permanent records of Lake Elmo. 3. Receive ZOIling related application.s. review tier completeness and notify applicants of m issing information: ecimplett zoning review and approval process including any extension of time required by the City. 4. Provide coinplete packets of all infdrniation to the Plannim4 Commission and City Council members for each monthly meetini2. 5. Proide all office space. administrative and clerical support. equipment and stipplies for work that is not performed at Cit) Hall. 6. Attend Planning Commission and City Council meetings as provided above, 7. Provide a vehicle for the posilion. 8. Other activities as detailed above. 4. ,Administrative Resnonsibilitv.. The dailyadministration of the zonirw and planninf, Senrio;:s rendered pursuant to this agreement shall be under 141c: direction of the contracted employee assigned to perform the sera ices, The degree olsery ices rendered, the standards of performance and other matters relating to regulations and policies shall remain under the control of Lake ljnio. Consultant shall submit to 1,,akc:- Elmo a monthl\ report of ser ieei rendered and ehatIzes due. in such form and detail as Lake Elmo may reasonabl\ require, as well as periodic suggestions regarding other matters relating IS) the .4oniiv.:_a and planning serf ices. fra(ie 01'6 Consultant. Consultant shall assign Ben Go7ola and Laura Chamberlain to perform the sery ices pursuant to this agreement and the Consultant shall retain all obligations arising out of the contract relationship, including. but not limited to, solars compensation insurance. withholding tax and health insuranee on Ben Go7ola and Laura Chamberlain as Consultant's employees. Lake Elmo shall not be required to burnish an fringe henefits or coinpensation what 50 ever to thc Consultant. Neither Ben Gozola and Laura Chamberlain nor Consultant shall not. at any time or in an manner. be deemed to bc an employee of Lake -.Imo by reason of the performance of work or the providing of services within the territorial limits of I ,ake Elmo or on behalf of Lake Elmo in tiecordance with this agreement. 6. Authoritr of Zoning's • Consultant. Consultant assigned to cr1rrn the services is bereb‘ provided specc authority by l..ake Hmo to administer and enforce the pertinent Lake Elmo ordinances as provided in this ar.nienL to provide consultation and advice to the Nanning Commission and to work with groups as requested by the City Council. Performance of tier -vices. The services to be provided by the Consultant under this agreement shall he done as directed .alve. Elmo, or. absent specific direction. in conformance with the general standard of care for o planning professional. The exercise by the Consultant of the powers here described on behalf of Lake Elmo. and the services to he provided by the Consultant in i.iccordonee with this agreement. may he inspected by Lake Dino to determine whether the same are being, exercised and performed satisfactorily. S. Indemnification. To the fullest extent permitted by law. the Consultant agrees to defend, indemnify and hold harmless the City. and its employees. officials. and weuts trorn and against all claims. 'actions, damages. losses and eNpenses. including reasonable attorney fees. resultinia from. arising out o11 or related to Consultant's negligence or the Consultants performance or failure to perform its obligations under this Agreement, The Consultants indemnification obligation shall apply to the Consultants sub(onsultoritts). or anyone directl or indirectly emplovcd or hired by the Consultant. 9. Fees and Reirnhursem s of Direct Expenses. E&r and in consideration of the rendition of the services described herein. Lake Eimo shall paNUonsultant an houriv rate as follows: Ien Ciozola - $ 1 l 9.00 per hour Laura Chamberlain - S 90.00 per hour lake Elmo shall reimburse Cons itant for anv documented expenses paid for by Consultant in the pertOrmance of the Consultants responsibilities including mileage at the current IRS rate. printing and photographic costs performed by a third party. computer data storage of Lake Elmo information. postage and delivery cost proviLkd by a third party and other costs approved by the C ity Administrator. 'age 3 of 6 10. Indenendent Consultant. It is expressly understood that the Consultant is an -independent Consultant- and not an employee of the City.hc Consultant shall have et:..introl ovt-r the manner in \\ hich the Services are performed under this :"\erceinent. The Consultant shall suppl a t ITS) own expense. all materials.. supplies. equipment and tools required to accomplish the Services contemplated by this Arcetnent, The Consultant not be entitled to any benefits from the including. without litnitation, insurtinee benefits. sick and Vac:.ttion leave. vvorkers' compensation benefits. unemployment compensation, disability, severance pav, r retirement benefits. Nothing in this At.ircernent shall be deemed to constitute a partnership. joint venture or tie.eite relationship betvveen the Parties, 11. Insurance Requirements. Insurance Requirements. 'lite Consultant. at its expense. shali procure and maintain in force for the duration of this .Ai2reet1Lmt the loilowino minimum inSAIralICC coverage and shall include the City as an additional insured on each such policy: General Liability The Consultant agrees to rnaintain ('oninicrc4t1 General insurance in a minimum amount of S I .000.000 per occurrence2.000.000 annual tqinireeate. The policy shall eo \ er arisine from. at a minimum. premises, operations.. products -completed operations. personal injury. advertisine injur. and comractualli, assumed 1iahi 1\ IL Automobile If the Consultant operatesa inotor chicle in performine the Services under this Aureement. the Cc.insuitam shall maintain commercial automobile liahilitv insurance, includine o\\ ned. hired. and non -owned automobiles. with a minimum liability imhi\ f Sl.,00),000. combined sins!ie C. Professional t Liirors and Omissninsi Liability Insurance, The Consultant \\ ill maintain professional liability insurance tbr all claims the Consultant ma \ become \ pa :\ resultine from aetual cii° alleged act. error. romission related to Crinsultatif professional services required under this Agreement. The (.'onsultant required to carry the f011owing minimum limits: .S1_000,000 per claim. S2.000.(l0 annual aef,art:i2ate. 1 lic retroactive or prior acts date of such erivefage hall not he alter the effective date or this A ereeme.nt and the Ct\nsultant shall maintain such insurance tOr :i period of at least three ffil arS. 1011owirn4 completion or the Ser.\ ices. 1 Fsuch insurance is discontinued, extended reporting period coverage must be obtained h the Consultant to fultIll this requirement. I). k,Vorkers' Compensation. The Consultant agrees to provide Workers- Compensation insurance for all its employees in accordance: with the statutory requirements of the State of Niiiinesota. The Consultant shall also carry Employers Liabilitv Cov'erat.te with niinimuin cov-ertieeast011ows: § $500.000 - injury h\ 1)isease per employee § S500,000 dii injury by Disease algreeate in. § 1dity Injury Accident ,e. 4 of i), E. 'The (onsuIuint shall. prior to commencing the Services. deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The Consultant's general liability and auto liabilit) should he primary insurance to any other Nalid and collectible insurance available to the City with respect to an) claim arising out of Consultant's perfOrmance under this Agreement. G. The Consultant's policies and Certificate of Insurance shall contain a provision that coverage afforded trader the policies shall not be cancelled without at least thirty t $0.i days' tick anced written notice to the City. ,Assienment. This ai:ircement ma) not be assigned b) either part) hereto w ithout the other's prior written consent. 13. 1110difielqi(n„ 1 his agreement embodies the entire agreement between the partier with respect to the subject matter hereof, and all prior discussions, negotiations and agreements are need herein. This agreement mil).- be amended or -modified only by an ag,reement. in writing, by the City Council or its appointed representative and Consultant and executed on behalf of both parties. 14. Terms of Agreement. This agreement will continue until terminated ing days written notice to the other party. r part) upon sentatives. Representatives of the parties for the purposes of notices are: Lake Elmo City i1dministrator 380n I ..averne v enue N. orth lake Llrno Ni 55042 (651 747-3900 Sambatek. Inc. 12800 Whitcwater Drive. Suite 300 Minnetonka. MN 553-43 63-476-6010 IN WITNESS WHEREOF. the parties hereto have executed this agreement this of 101 SAMBATEK, IN ,. 13) Its President Page fi °IC CITY OF LAKE ELM() .A,nd Rs Mawr Rs A dm in sraor Pa,,c 6 of" 6 \Vasilingtori Cointv Department Information Request tbr Board Action Commissio ne r's Report Administration June Mathiowetz 6:51-430-6016 . ; June Kevin Corbid 651-430-6003 Mathiowetz, Susan Schmidt., Trust for Public land Agenda Item Details July2015 Workshop to review request from the 'frust for Public 1,andt:IP1 } for eininty Land and Water I,,ektacy Program participation in a project located in the City of Lake Elmo_ Workshop 30 No No 14 Tartan Park, a 483 acre site loeated in Lake Elmo, has been in 3M Corporation ownership for over 50 years. It was first used as a corporate retreat center and more recently as a publicly accessible but still privately -owned and operated park. In late May, ,3M C„'orporation announced plans to close Tartan Park and sell the property. The company has indicated 'an. interest in first exploring options to place the property into conservation. Washington Cunt's Lake Elmo ke6oral l'ark Reserve is directly adjacent northwest ot-lartan l'ark,ihc property is not currently located within the regional parks boundaries. The property contains woodlands, wetlands and lakes, in particular lior„,eshoe 1.ake, and includes an outlet to nearby Lae Llmo. Varian Park is also currently home to a 27 hole golf course iind clubhouse, several picnic pavilions, tennis courts and hail fields. Staff seek direction from the. County Board :iround further exploration of options for public use. partnerships and potential funding. Budget Information • , NA Approvals George Kuprian Molly O'Rourke ; N/A Approved July I f) 20 1 5 Washington County Board of Commissioners From: The Trust tnr Puhlic land Susan Schmidt, 65 l -999-53 7 Bob McGillivray, 651-999-5,307 RE: Explore Unique "Tartan Park" Protection Opportunity as Washington County Park Land There is an once -in -a -lifetime opportunity to protect the unique land now known as "Tartan Park" and make it a part of the Wxshington County Park System, tOrever. The Trust for Public Land. a nonprofit organization dedicated to creating parks and conserving land for people, respectfully requests to work with Washington County staff and board to explore this unique park opportunity over the next two months before bringing specific recommendations for iietion back to the County- Board in mid -September. Tartan Park has been in 3M Corporation ownership for over 50 years. first as a corporate retreat center and more recently as a publicly: accessible but still privately -owned and operated park. 3N/I ('orporation announced plans in late May to close Tartan Park and sell the property due to changing company needs in recent years, 3M contacted The Trust for Public Land to explore whether Tartan Park rnight have a future as a public resource. The Tnist for Public Land enthusiastically responded to 31\-1 with willingness to explore the conservation of Tartan Park for public use and enjoyment with key partners over the next several months. We consider Washington County the primary partner in any endeavor to protect Tartan Park, Tartan Park is 483 acres with high conservation values due to its pine and oak forests. and its rolling topography similar to Washington County's Lake Elmo Regional Park Reserve which is directly adjacent northwest. of Tartan Park. The property's rolling topography WQaves through a series of wetlands and lakes. in particular Horseshoe Lake, and includes an outlet to. nearby Lake Elino. Tartan Park has been developed by 3M Corporation over the years to serve the needs of company employees and their families as well as clients, customers and other guests. Today.. Tartan Park is home to three 9 — hole golf courses. several picnic pavilions, tennis courts and ball tields as well as sweeping vistas of the property's woods, lakes and wetlands. fhese facilities have been well -maintained by 3M and are park -ready for the next owner. hopefully Washington County. Attachments include a map and photos of Tartan Park and some of its facilities. The preferred option for 3M, and the reason the company contacted The Trust for Public I.and, is permanent protection of Tartan Park for public use and enjoyment. The Trust for Public Land believes that the hest protection option for Tartan Park is Washington County ownership as part or' the adjacent Lake Llmo Regional Park Reserve. Tartan Park Profile Nestled in over 450 acres of spectacular landscape in Lake Elmo, and overlooking one of the finest views in the area, Audubon -Certified Tartan Park offers a premier location for golf. special events, and recreatiorL In addition to the 27-hole championship golf course with teach ng golf professionals, a driving range, and putting and chipping greens, Tartan Park is home to • n clubhouse, including a g pro shop, banquet halls. and eight conference rorr * Four bocce ball courts - Five picnic pavilions • Three playgrounds • 12 tennis courts • Six softball fields • An archery range • Six sand volleyball courts • Six horseshoe pits • R heated and cooed maihtenance facility • An administration building Landscaped gazebo 2 set for p o.okirlg the qolf crNur5e. no'ieu.1 1::'ecit.:3 tee L:Cx Over the past five years, Tartan Park has made numerous improvements and additions. including • Automatic front entrance doors to the clubhouse • A fully landscaped wedding gazebo * Clubhouse and meeting room furniture and carpet • R walk-in cooler and freezer in the clubhouse • Outdoor lightinq at the clubhouse • Landscaping for the clubhouse and golf shop entrances • Gutters an the north and east sides of the clubhouse * Auxiliary power generators for the clubhouse and water pump systems • P resurfaced east entrance road • Two tennis :ourts • Refinishing of pcnc pavikor,2 tarta Lake Elmo '-ii1,.;11;';;!k '01 f- ark ,:r: v.E.TATMO: RO-erve Lake ;,...111-,-1 the- opportunity to add Tartan Park to Washin,gton County's park system is available now, but will not be an opportunity available indefinitely. 3rvl Corporation has shared with The Trust for Public Land that. a 2015 decision on Tartan Park is strongly desired. if Washington County chooses not to act on this Tartan Park opportunity, the company will move forward with its second option which is selling Tartan Park for development. The Trust for Public Land respectfully requests that the County authorize staff to work with The Trust tbr Public Land to explore a "path" to the protection of Tartan Park as Washington County owned parkland. In order to expedite a 2015 outcome, The Trust 1br Public Land requests an exploration period July 21 - September 21, 2015 in order to explore this protection outcome, including: land valuation, funding options, future park uses, operation and maintenance needs / options. and integration into the adjacent County - owned Lake Elmo Regional Park Reserve, The Trust lbr Public Land is eager to discuss this Tartan Park opportunity with the County Board in a hoard workshop on Tuesday, July 21. Following this two month exploration period, The Trust for Public Land anticipates bringing specific recommendations for action to the full Board in mid - September 2015. CITY OF LAKE ELMO CITY COUNCIL MINUTES MAN' 19, 2015 Illavor Pearson called the meeting to order at 700 pm. PRESENT; Mayor Mike Pc,Irson And Council NlembenJuii Flifiet, Anne Smith, jui,tin Blom-, and Jili Lundgren. Sitft pro!):ew.; City Adnannkrator Zulezer, City Attorney Snyder, Community Development Director Klatt. City Planner 'Johnson, City Enginocr Criffin, l'inance Duector Bendel, Pubic Works Dii-cctor Bouthilet, and Cry Cle:c, Bell. PLEDGL: ALEIGENCE APPROVAL OT.,..,A617:1NPA (..'ouncil mIxr Bo:- piilksd Item 11 from the Consent. Agerida ror TO POSTPONE ITEM 2.3 TO THE NEXT MEL'I INC TO A1,1,0 W'fORE 2LWE FOR REVIEW: 110TION PASSES (Pearson/DInver - TO PULL ITiM 24 ER0,11 'THE AGENDA. ,Ilotion tiled 2-.3. (Hitler! Smith, Lundgren — MOTION:(TO 4?PROE THE MAV 19, 2015 GT)" CO1IN.C11. AGEND:i AS .:1111-:,,N.DF.V. f 0 T1ON PASSED 5-49 vrEm 1: ACCEPT MINIJ.T17;S: THE APRIL 21, 2015 CITY (701.),N'CII. NIINUTES WERE APPROVED CONSENSUS WITH 3.11,NrOR CORRECI7ONS. COUNCIL REPORTS: NI avor re;irson; attended a meeting ‘vith Wa:,:lrtington Couniv and Lake Flino property ovkilen concerning potential BRT lines r,uld stops; ino With A potential commorcial arid WOUld iiito CESCUtii L11,11 Opi:( al- f UT ilre E.:01111C11 ',,,C)rkshop: attend the Parks COMInission meoting, Council Mcmhcr Bioyer: met it1i a potential biasiivss cp.,.rwr ;Fic 1,94 coridor; lookrd into a ,iL.re land sale that through in the 1-94 area: fielded col concerniiHg r.he Lib;--ary Board: met with ropr.esmttat ives o Lennar Council Member Lundgren: met with Mr. Ila,..::strorn location of the Fans N1;ukct: thankrd Rigroin.; and ,jolln Schiltz for providin; spi: for the Farrner's Marl,:.et; attended Sunfish Nature Dx,s; I Cnded Firc Relief pxtr, thanked the peopk holving organize launch the Fann(T's klarket. Council Member lAitlet: attended a Flitance Cc)rninittee moct ing and a LibraiT Board meeting. Council Member Smith: has lxson fic.•lding, phone calls and ermails troin PR15.)::Nif:AfIQN ITEM 2A: FIRE DEPARi'MCNTPOC RECRUITS (het' Malmquist introdJced the three probalioilory firefighter recruits: rerim PcninAn, Brandon Peltier and Neil Fredrickson. TO APPROJE A CONDI TIONA L JOB OFFER TO :‘,`EIf' RECRUITS JERE1J1' PENMA BR.4 I N.' PELTIER .4ND NE/I. FREDRICKSON PENDING THE OUTCOME OF THEIR PRE -PLACEMENT PIII-S1C-IL ENAMS .1ND PSYCHOLOGICAL EX4M5'. Councihncinbcr seconded ilk.' motion. MOTION PASSED 5 — 0. ITEM 2b: PRON1OTION TO LIEUTENANT Chid Ma1ulqui5t administered oath to Ak'x Hilpi...cch for promotion to Fent cnam LAKE ELM() CITY COUNCIL MINUTES MAY 19, 2015 ITEM 3: TRUNK HIGHWAY 5 TURN -BACK Washiri, on County Engineer \yne Sandberg presented the summary of the proposed tuna -back to Washington Courity. The timing of some of the u'riprovernent projects \-k-as discussed. Council Niel-111)e rs :otritiaelided the (f.ourity on s responsiveness. MOT/ OA': TO ADOPT R.E.S.01,1 TION 2015-35, PRO' 7DLYG t'IVICIPAL CONCURREYCE FOR THE .11:RISDICTIONAI. TR,TV.STER OF TRUNK HIGHWAY 5 FROII AINDOT To 111'1SHING TON COt.'N'IT. .3/01/YON P4.5F'D 5-0. ITEM 4: PRESEN1FATION / APPROVAL OF 2014 FINANCIAL AUDIT / CAFR Jon Ntilkr of SInitia Schaefer presented the Audit Report and staniniry of C:ity Financials. AfOTION: 70 .4 CCEPT A ND A PPROIE: THE 2014 COMPRELIENSIVE A .NNI. /, F/NANCIAL REPORI LVD LA.1L11!LVr 1JTTER.S CONIMENTS/INQ113.1ES Norle FINANCE CONSENT AGENDA I. Approve Payment of Disbursements and Payz.oll . Accept Finance .Report dated April Ks, 215 3- A',:tvPI Ruikiing R1.t dat'd APd1 3D, 2015 4. ,ACcOr N'sOrz; Report dated April 32. 22i-15 3cr:' Sueei N: &Sillniar.S.oviiior 1 Pay Request No, ,4 6. 21::15 St -al C'oar OCT - Avepi Bid and A \i,-„trd MO, M0770N: TO .4 PPR OVE THE FINANCE CONSENT AGENDA AS AMENDED( 'Id' 11 fr`H , 310 TION PASSE:DS-a 0i:11ER CONSENT AGENDA Frcroachinent Agreement - S5CC 1 Lilltop Avenue North s. F.ncroaclitnent Agreerner:t 92 Tapestry.Road North 9, Encro,wiltli. A4rcork-tzt - .1647 5S:i, St 1:0:1. 10, \\,..Ishingtor County and St., Croix (...10,,tray. Mutual Agreerneili, 11. United Land/Bremcr Fork Minor Subdivisiori; Resokition ,No. 20/.5-37 12. Resolution Approving N-laster Suhcribe r +Agreement for Minnesota (..;,-)1.1:1 1 'P,' iCtsti Governmental Aencies and Request Form for ,Nlin.ne5ota Governmental Access: (MCA) Ln Acc Resohaion No.+ 2075-38 MO TI 0 N: TO APPROVE TELL 0 T HER CONSENT _AGENDA AS PRES T 1-; 1 T 10 A' PASS ITEM 11: COUNCIL COMPENSATION PAYMENT SCIIEDULE POLICY The timing of the council pay was discuss:ed 310TION: TO APROVE BIENNIAL CaSIPENSATION PA1MENTS IN TILE FIRST .PA I' PERIOD OF JUNE DEC.MBER. I 0 T 10 N PASSED .3-2 (PE4RSON/13LO1ER - N4)) REGULAR AGENDA ITEM 18: DOWNTOWN STREET, DRAIN,AGE AND If TII.ITY IMPROAT:MENFS Alf,(11-9` REPORT, CALL IMPROVEMENT HEARING; 2 of LAKE ELM() CITY COUNCIL MINUTES MAY 19, 2015 Engineer presented the feasibility report outlinin' g the inHprovernent project Phase I. The public hearing be June 16, 2C15. The preliniinary :assessment proses ond arnounirs w-ere explained and d. usJ \Ir. Griffin C4,1Ve the stall TTWITITIWridalkniS, John Schiliz 3442 I .akc irro berwvc.i 'hat of i.ake Elmo bend it if the downtown s ucceed..3. He AtppOrt,S S ;4[14 an, S4,'",,,'Cr despite hi high peisonal costs. He.iIc supports undergroand utilities ;IS there will ne,,cr be Lither chance like thi He u.ed council to nuke inaprovements to make Lake Elmo Ave look better, Sn-iith spoke ui Support oi dovaitown. uprovmtlit...5 to beautify the dowTitown. ShR.. believes it willh won.11 it to the (..:ity w4r+TtVir,g 111C ION (;rjt fin t10(i."..(i I hdi. 1.1)C .1.1't!CISCApe. C.0,5LS. S1.111 0111.1hCrc". 1,1()TI0N: G4.4:744444 • TO ADOPT RESOLUTION 2015-38, RECti 1.:VG 111E FEASIBILITY' REPORT AND CALLING A PUBLIC HEARING FOR THE OLD IILLAGE PILA.ST 1 STREET AND UTILITY PROLE,11 E NTS. 111PR0V'E,NIENTS. -44,4:',4 „ti fig, .1.1071()N 7() AMEND PASSED 3-0 10 TABLE VOlE PASSING RES0LL4770N 2015-38 TO ALLOW FOR REDRAPTIN(; tt41171 UPDA TED PUBLIC HEARING DATE (4,4,7,,4,4,4.444 fi „ • r, • Recessed 9'.1 3pm reconvene a-, q:20pin 4.4 TO ,,4,4/ENI) RE801,1.:TI0N 2015-38, CHANCING 111E I/EAR/NG TE FRalift,'NE 16, 2015 TO 11,A1.4 9, 2015. r: i „ 44,41 .'44, ;%fOTION' 1".4SSEI) 4-1 (Pc3rson — TO REMOVE RESOLUTI)2W5-38 _FROM THE TABLE. '44 MOTION PASSED 5-0. TO Al I\TI) THE MOTION TO CHA:NCE THLIL4NE 16 2013 MEETING D„ATE TO JUNE 9, 2015. 44,4:44,444,,,..449' ,,,snY':-44,.4, 4A. Pzni.:,44, 310 T/ON PA SSI-:/) 0. 0 R I GINA L :110 T 1 ON PASS ED AS AMENDED 5-0. ITENI 19: INWOOD FINAL PLAT AND FINAL PUI) PLANS; 81-.:SQLLTION Na 2015-39.7 ORDINANc17,' 087120 Cot to uwiiy DeVe]OpMellt Director Kim: prvst.nted tfic f plot propos ,t1 for 1 he I n Wood (i-velopment irst 46 sL1e-tu1i1vho1re5. Street harries and explanation of strcct lnThprOCC.`31i presented. Councilinetuber flittcta5 ked ab01.11.h ',1AV1 1 owor location shown on the plut &ftcing fronl Ow comp plan. S,.311 opinion is that 3 on plan amendment is not EeCeSSary fOrtht Npe of change. City EilginCT:r Griffin p114:Cd t hat elevation :Ind water line size are critical considerotions for WatCr 1.0\kr1 IOCACI00- johzi Rack explained that the trails :ire critic. -al for tilt' pToposed dcrik..)graphic:, 3 LAKE ELMO CITY COUNCIL MINUTES MAY 19, 2015 MOTION: 1:5,/?cr r,-,,,)v,1 TO ADO,PT RESOEITTION 201.5-40, APPROIING THE FINAL PLAT ,AND FINAL PUD PLAN FOR EV IVOOD." ),10,!;;A''.** AIOTION PASSED 5-0. %(OTIO.\: TO ADOPT ORDINANCE 08-120, PPROVING 'THE ZONING 1.14P ,4:VIEND:0 ENT FOR THE LV1500D PLANNED EiNIT DE VEE0pAIENT , MOTION PASSED 5-0. ITEM 20: INWOOD DEVELOPERS AGREEMENT; RESOLUTIQNAP. 20,15-4,1 1X.vc-10pnioru Ditc-ct or Klatr. provided rn overview of the Developer's Agee mott for .1.ii\Vood. 1'h;inticipaiod tiniefrarne for the prelimuHari plat status was discussed. Tile \VAC/SAC fiind:J and Ow itripao \plaincd And ChSC USSed. AIOTWN: 10 ADOPT RESOLUTION NC). 20154.4 ;APPRO17;VG THE DEVELOPER'S AGREEME:VT FOR INWOOD. ,110770.."V PASSED 5-0 ITEM 21: APPROVE PURCHASE OF SPRAYPATCIIER Public Works Dircklor Borrihilei pre.,4-nted tie item and explained is use. The Pub1ic rk'paiinc:)1. has had success i.ising it. MOTION: TO APPROVE THE PURCIIA SE OF THE SPIO 10.41)A LNG SPRAY- PITCHER ;AT THE COST 01; 445,5.50 TO BE FUNDED 4S PRE -SEXTET); CONTINGENT UPON THE VERIFICATION OF HOURS ON ALICHINE ANI) ENG/ N'E Off, SA METE': ANAL 1 S/S AS RECOMMENDED Bl' TH,E L4C. 1,(0 TiON ,P,-1 SS EL) 5-0 ITEM 22: AI+ 1 RM 2014 COUNCIL APPROVAL OF PAY 1 NCRY: AS E FOR. CITY ADM INIST RAT 0 R 344-2 Firno sapport.s giving Mr. Zuleger „raise for 1 rforinar,ce. Thinks die city - is iiicky to have him, Mir Schwarz 1 17,1nlo soits raise for Mr. Zuleger. She alsupp ria vacarit. staff pos Dak- Dorschner FLtra) Ave suppoits ruse for Mr. Z:kr F 1 iuS",lports rehiring vacant staff. position. Que-5tioned 11:e (TAyiricil's chanIstrii: the meeting schedule. Mike Reeves 11C7.514 SL commended previous couna for hiring Mr. Zuleger, Ile irighlightcd scvcr-;-il successes. fix. ,:ornp;‘ri,Ratiot . should reflect. the performance and i)oatormance merits 1 le supports i ue for Ni.r. Zulr'ger, Paul Novak. ;i.sIsi..!ci bout ri-iroai:t.i'sity. SH-12g,esteci that it be ulark:.ih0111er Stall MOTICY.V »,LT" INCRE,ISE THE C1,1 A DA-II NIS TRA TOR'S SAI.AR)" TO T HAT THE ,IN CR VASEBL' RETROACTIVE TO THE BEGINNING OF THE I R. tr,) coils ido ng rur aft e r a perforrnance rvvicw pr(„-)ce;s The timing nd nted for a rc Wa-C Al()TION FAILED 2-3. (FL/ , Leitulgren., Smith — Pave 4 of 5 LAKE ELMO CITY COUNCIL MINUTES MAY 19, 2015 City Attorney Snyder offered a recommendation for a review of the City Adtruni,:itrator'':, pay in'' off- he and bring back. a reconunendation to the City Council. TO FATE!? TA PV 4 R.41S1-7: .4S ,4 PART ,4 FORMAL PROCESS BFTHE CITY COUNCIL 117IICII CAN BE DONE AND HE BROUGHT BACK TO A REGULAR SCHEDULED CH)" COUNCIL MEEl'ING. MOTION P.4SSED 4-1 (Bloyer Mr, ZI.deger stated he appreciated the support of the community. 'TO .4 1)JOLIRN THE MEETING. FAILED 2-3. Rifler, Lundgren, Smith — rr ITA1 0-t11A.Y.11-1 STRATEGY / PI LASING PLAN POIACY Council Member Flifk e,:piained her reasons fur requesting discitision or fulure growth. a-Immanity Dev:,lopincni ,L)i-clor Klatt explainAl in:waging grOwth: q..raCt ar:d 11101-01.4:h rctiicw phins part 01 ic:)liowing- the phasing- plan. klait clarified that •sta4c Orit (.)1 plan not have any regulation changes. It would ricr make sense for city to not develop the ren-Lairing pe1s. in phase one, mos: ot which an,- commercial lots. -1-111 only wayo stop ii. would be with a moraloril (L)ptit.)71 t.tt S:UA11.': KU:POWYS $: ANNOl:NC..E.NitiNTS: City AilministrAtor Zoleger: i-eport. Ciry Clerk Bell: No roi')ort. City Finance Director Bendel: No report. City Attorney Snyder: No rc-oort, Communitv Development Director Klatt; A. hearr.g tor a oding entle OikAlltatik:e tur rural properties will Ix' ihP1 CA-)mrnis.siorL City Engineer Griffin: No report, LLal, or PeArson .4 diourneri the rneetinzat 11:37prn. r LAKE FLMO CXTV COUNCIL Pc-Ar0:7)n, Ntwor Pa?e 5 of 5 Lake Elmo City Council eeting If you wish to address the City Council, please fill out the form and give it to the City Clerk or City Administrator. The Mayor Chair will call upon you when it is time for you to speak during the time designated for public comments on each agendo item, If your topic is not a numbered item on the -agenda, it will be heard during the Public Comments and Inquiries portion of the meeting, *** Decorum Policies *** (ti Concft:ct oneself with respect and civility towards other?, and otherwise abide by CouncW Commions, and Committee policy. Please retrain from conversations with others' during he meeting, and ;ticiuting from the. audience not be ai'iowec. Being quint during the. meeting is appreciated so ?,-hat the of rho governring body can be c.onducted with full attention to the matter at hand; (2) The governing body will provide (2) opportunities for public-, oomrne.nt dur'ing the meetin;. First, an opportunity will be g[en at the orbse,, of the meeting for general comment; ,5econd, opportunity will be ven to speak on an agenda item at the time thogoverning body addresses the item, (3) Citizens whrts to speak must sign in and provide their request to the Counci'i„ Commission, or Committee Clerk tor distribution to thc.' Mayor / Chair. Upon being recogMzod, you should pred to the lectern and 3Ta10 your nanie, address and topic to be discusse.d. 'You be given minutes to speak. The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4',$ No person shall d's-Way signs or placards, applaud participants in debate or engagein conversation or other behavior which may disrupt the proceedings of the Council. (5) Viihen a group of persons wishes to address the Council on the same _subject matter, they may choose a spokesuEiri,oh to address the governing- body, No action vU be talon in response to a petition debvered at a Council meeting, Petitions paced on file and referred to the appropriate 5taff for consideration and recommendation of appropriate action. Name (please print): Addres.S; Item#,(Topir: KE ELNi0 Lake Elmo City Council eeting If you wish to address the City Council, please fill out the form and give it to the City Clerk or City Administrator, The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public comments on each agenda item. If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion of the meetinr.7. *** Decorum Policies *** (I) Conduct oneself Arith respect and civility towiards others and hrrwise . bide by Council, Commissns„ end Committee policy, Prciasci refrain from coiwer5atioris with ottier during, the mir,eting, and 5ho'Jting, from the audience not be. allowed. Being quiet during the rneeting 13 appreciated sc., thiit the businr,i4si; of the governing body can be conducted with fur attention to the matter at hand: (7) The gov er ning body wij provide 1,2) opportunities for pub1ic. comment during the. rneetinR. First, al opportunity will be given at the r,,nscit af thc' meeting for general eut; Second, opportunity will biri given to. 5pe.ak on an azencla item at the time the governing body addres5es the item-, (3) Citizens v,,ishiry, to -,pedk must sign in and provide the- request to me Council, Commission„ oi Committhe Clerk for distribution to the Mayor Chair, Upun being recognized, you should tarTd to the leiJerri and )Late your name: address and topic to be di5cus5ed You will be given K)ii minutes to speak, The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4l No person shall display signs or placards, applauo participants in debate or enEapie in conversation or othcr behavior which may disrupt the proceedings of the Council. (5) When a group of persons iiivishes to address the Council on the game subject matter, they may choose a 5pOkeSper50o to addre5S tne.governini:; bod, No action will be taken in response to a petition delivc,ireo ar a Council meeting. Petitions will he placed on file and referred to the appropriate 'stall titiir consrderatich and recommendation of aF.,oropriato Name (please print): Address: tern/Topic Lake Elrno City Council .ng if you wish to addrbs.5-the City Council, please fill out the form and give it to the Cty Ckrk or City Administrator The Mayor / Chair will call upon you when it is time for you to speak during the t4mt dsgnatd for public comments on each agenda item. If your topic is not a numbered itorn un the agenda, it will be heard during the Public Comments and inquiries portion of the Meeting. *** Decorum Policies *** tJ Cond'oct cineselt with rep-ot drid ovility toward:, uthers otherwise: abide t Cc. Corninisiuniiii., and Committee polic..y. Plea3e refrain from con-i.'ersatons yvith o:1er3 dring the meeting, and sPoutinj. from thil, itudience not be allowed. Being quint during the m tr »apprecialed sc that th bun of the governino bhdy han Ct7ndui.ted wiith fuli attentton to the matter at hand; (3) The o rJ body w7.il provide ',2) opportuni:ie3' ttg pubL torrirlent dur neetnp,: ain opportnu &H oe given at the Grit of the, meetlng for general comment: Sez.ond., opoortunity on On item ..11 the time the guiiiie.rrtir16 body aoldreiies the item; Citzens wishing tc speak must s.ign tend provide their requeJi.it to the Council, i:ommis,ion, or Committee k tor disi tC'!1 t.'..1 the Mayer ,Chairi Upon beina ?ecogred„ proceed to *iti€, lectern and state or name, address and topic. to be discussrid, You will he given minute.,; The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, or standerous. Any person acting in an unruly manner may be asked to leave the meeting. No oeri5ori shail1 po sigm; or piaciardis, apo,laud participants in detiite or in coin,i'ersatituri .or other behavie,7 rnayd,up'. the p!'ocireed.ings ot the Councii. (5Y Vvten 3 grok.; p of persons W157105 t,t1 Picldrc--,5 the Councii or Sa Me 9..itaject matter, thev rtratyt cnociiiie a spokesperson to addre,s. the govecring body. No action will be taken ir rponse to a leiebtion deny-creci a Council meeting. Petiticiris w-JIl be placer:, on file and referred to :he appropriate staff for chncidtt,r;V,H;r, and recornme!ndation o appropriate, actInn, Nome (please: print): Address: Itern4/Topic: t h Lake Elmo City Council eeting if you wish to address the City Council, please fill out the form id give it to the City Clerk or City Administrator.. The Mayor / Chair will call upon you when it is time for you to speak during the time des public comments on each agenda item. If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion of the meeting, *** Decorum Policies *** (1l Conciact one•,,:ilf with re.,pect and e.nvili ty toiwards others and otherwise abide by Cd,incil. Cominis.sionS, and Ciirnte pcy.Please refrain trc»n coniiersations i.vith others during the meeting, and shouting from the audience not be allowed, Being quiet during the meeting is appreciated so that the busirr, of trio governing, body rim be conducted with full attention to the matter at hand; (2j Tie governing. body will provide (21 opportunitin!; For public comment during the meeting. First, an opportunity li be gii/en at the onset of the rneetirv, tor reneral cOrnrnent; Second, opportunity will he 1-0 Speak an an aCenrita item at the time the governing body addresser,' the item; (3) Citizemi vihnj to speak must Sign in and provide their rciquest to the Councii, Comrirr.sri., or Committee 'Clerk for distribution to the Mayor / Chair, Upon beinr, reccii,nized, you should proceed f‘n tor. lectern and state your name, address and topic to be driscussed. You he no (6) minute., to speak. The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. 11) No porson shall display ins or placards, applaud partirrpants in dehatc cr iiingilge in ccrio.ieratic.)n or other behavior which. may aruot the proceedings cf the Council When a group of persons wishes to address the Council or the samo.subjert MattOr, they may choose a iipokesperson toaddress the coverning body. No action will be taken in resporle to a petition delivered at a Council meeting. Petitions v.bl be paced on tide and referred c the appropriate ,,taff for comiideration iiInd recommendation of appropriate action, Name (please print): Address Itemtt/Topic: :If Lake Elmo City Council eeting if you wish to address the Cit Counc,iI, please fill out the form and give it to the City Clerk or City Administrator, The Tylayor / Chair will call upon you A.vher it is time. for you to speak during the time designated for public comments on each agenda item. if your topic is not a nk,irrbered item on the agenda, it will be heard during the Public Comments and Inquiries portion at the meeting. *** Decorum Policies *** (I; Conduct oneself with respect and civility tusrrard.s othors and, otnervijse abide b Council, Commissions, and (ommittrise policy. Please refrain from conversations with others during tho meeting, and shouting from t'ne audience wit not be allov,reicl. Being qu.ot during the meeting '2) appreciated so that the busineyi of the governing body can be conducted with fult attention to the matter at hand; (7) The governir2„ body, will provide 2) opportunities for public ccrnment during the ireetinA Fit, art opportnity 'AObegivon at tne onset of the meetng fcr p,eneral LOFT-VT:tent.; Second, opportunity bo gien to 5peak en an agenda item at the time the governing body addresscs the item; (3) Citizens viiishiry to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon bring recognized, you should proceed to the lectern and state your name, address and topic to he 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, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4 No person shall dupray signs or placards, applaud participant-, in debate or etlriaf;e ir. COriversdtio.-) or other behavior which may disrupt the proceedings of the Council. (5) When a group of persons wishes to adds the Council on the same subiect matter, they niay chooe a spokesperson to address the governing body. No action will be taken ln responce to a pettion delivered at Co.,Incil meeting. Petitions will be placed on file and referred to the appropriate staff fur consideration and recoTrarnendauon of appropriate action. Name (please print); Address:_. Item#/Topic: 4 f Julie Johnson From: Obermoellef trmonnstergaradegoomoast netj Sent: Sunday, August 02, 2015 9:39 AM To: Juke Johnson Cc: jenniferpelletergicorndosnet Subject: Tartan Park Julie Johnson, City of Lake C o, Julie: before the agenda, during public comment, can you please read to the council and staff my request and comment below, this at the next council meeting, August 4, 2015. Thank you in advance, Nadine. Dear City Council and Staff Please work in coordination v.lith Washington County as they pursue the possibility of purchasing Tartan Park. .1 truly believe that preserving Tartan Park, as a public space, will bring each of you a life time of pride, community pride for generations to come. Thank you, Nadine Obermueller jtttp://y.nr„?,',..twincities,comilocalnevisici 285.332781,,ivashin.gop,countv-considers-buving-3ms-tartan-park Julie Johnson ROX, I A l411Y .14 14 h,J limia 41'141111, 411,1411,11 WW1... .111,0 1 114 II 1 14 LI ..11014 40111110 I 14 1,11/14, 1414111,14 .111,41114144 From: Julie .Fliflet Sent: Thursday, July23, 2015 11;19 PM To: Julie Johnson Subject: Fw. Fw: rvearsonglakeelmo.org Hi Julie Can you add an agenda item to the next Council Meeting called "Possible Formation of a City Environmental Committee" per the ernail exchange below, Thanks much! —Councilmember JulieFhfld From: Tedi C Sent:Tuesday, July 21, 2015 10:28 PM To: Julie Flifiet Subject: Re: Fw: mpeil7yOr,IJ!;eelf rl ur; Thanks .Julie., Yes, I arn very interested in restarting this committee. Previous members tho.se whom l can remember) vere myself, Fred Bannister., lim Kelly„ Bruce Dunn. I sal.^., Fred at the July 4th ice cream social, and he mentioned that he would be interested if the committee reorganized, Also Jim Kelly mentioned last year he might be interested. He work for l'YlN Dept. of Health and was an excellent resource. I have a couple of ne bos vho also mi,Fht be interested in thR Oakdale has 6 members on their committee. Not sure how If you would put it on the next council agenda to get approv Thanks, Tedi On Tue, Jul 21„ 2015 at 12:54 AM, Julie Flifiet <JFIlfletPlakeel Hello Tedi Are you still interested in having this committee? If so, I'd like how many members this committee used to have, or how ma; Do you know of anyone else interested? I'd be willing to put it start soliciting members (we could put a notice in the next few the website, and could announce it at council meetings, etc. Ju —Councilmember Julie Fliflet From: Ted C itc3risn Sent: Wednesday, January 21, 2015 355 PM To: Justin Weyer; Julie Fliflet; Jill Luncixren; ANNE SMITH Subject: rni)earsonlakeEdrno.org Hello LE City Council mernbcrS, w 25? to )(I 1 At one time Lake Elmo had an active environmental committee which met monthly. I would like to see that committee reestablished as an advisory committee to the City Council on matters relating to the environment, Woodbury, Cottage Grove, Mahtomedi and Oakdale have very active City Environmental Committees/Commissions. Included in their objectives are: 1. Advise City Council in matters pertaining to solid waste, recycling, composting, storm %,vater run .off, water quality improvements, wetland conservation and management, air quality, ground and drinking water, tree preservation and energy conservation. 2. Advise the City on issues stemming from data assembled by and released from the following organizations: Environmental Protection Agency (EPA) such as Toxic Release Inventory Data Minnesota Pollution Control Agency (MPCA) Minnesota Department of Health (MDR) iv. The Minnesota Department of Natural Resources (MUNK!) or v. Any other Federal or State agency tasks addressing environmental issues as they relate to health and safety. 3. Identify requirements to maintain status as Minnesota Green Step City 4. Recognize residential and business property owners who have demonstrated proactive recycling and 'greenpractices. Tr,'..tirCnniql T.71 COn".111i5SiOn okl ba.: an asset to tj'e City, 6n).; LE 1:_lf,—,1:111 T urrrniv on hce related is5ues, Ti.ripreriat,,:!'c,.),i- :nsid,erat;on c,thi5pOCS 1-1ease let roe if have Tnank Tiadi Cailsor