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Home My WebLink About09-15-15 City Council Agenda items 1-11 NOTICE OF MEETING City Council Meeting Tuesday, September 15, 2015 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order B. Pledge of Allegiance C. Roll Call/Order of Business D. Approval of Agenda E. Accept Minutes 1. Approve September 1, 2015 Minutes F. Council Reports G. Presentations/Public Comments/Inquiries Tartan Park (no attachment) H. Finance Consent Agenda 2. Approve Payment of Disbursements 3. Accept Assessor Report 4. Approve Financial Report Dated August 31, 2015 5. Approve Purchase of Replacement Skid Unit for Fire Department Brush Truck 6. Approve Eagle Point Blvd. Street Improvements – Pay Request No. 1 7. Approve Production Well No. 4 – Pay Request No. 10 (FINAL) 8. Approve Production Well No. 4 – Compensating Change Order No. 2 I. Other Consent Agenda 9. Accept Building Report 10. Approve Election Judge Appointments for November 4, 2015 Special Election – Resolution 2015-74 11. Phase 2 Downtown Street, Drainage and Utility Improvements: Request County to Proceed with 30th Street Right-of-Way Acquisition 12. Approve Lake Elmo Jaycees Temporary Liquor License for 2015 Volksmarch October 10, 2015 13. Adopt Tartan Park Resolution –Resolution 2015-75 14. Status of Arts Center (Pearson request) 15. Phase 1 Downtown Street, Drainage and Utility Improvements: Approve Alley Concept Plan Changes 16. Approve Fire Station Parking Lot Paving 17. Approve Sanctuary Park Trail Paving J. Regular Agenda 18. Gateway Corridor Market and Fiscal Impact Study 19. Manning Avenue Redesign/Realignment 20. Pebble Park Picnic Shelter 21. Downtown Phase 1 and Phase 2 Streetscape and Landscape Plans – Approve Scope of Improvements 22. Financial Internal Controls (Fliflet request) 23. Approve 2016 Preliminary General Fund and Library Fund Annual Budget and Tax Levy – Resolution 2015-76 24. Savona 3rd Addition Final Plat – Resolution 2015-70 25. Savona 3rd Addition Development Agreement 26. Plat Approval Process/Conditions of Approval (Fliflet request) 27. Lake Elmo Water Rates (Fliflet request – no attachment) 28. Lake Elmo Municipal Water and Sewer Enterprise Funds Status (WACs and SACs) (Pearson request) K. Staff Reports and Announcements L. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 2015 A. CALL TO ORDER Mayor Pearson called the meeting to order at 7:06 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Community Development Director Klatt, Public Works Superintendent Bouthilet, and City Clerk Johnson. City Attorney Snyder stated that the City Council met in Executive Session prior to the regular meeting pursuant to Minnesota Statute 13.393, 13.29 and 13.42 to receive non public personnel data and advice from the attorney. B. PLEDGE OF ALLIGENCE C. APPROVAL OF AGENDA Councilmember Fliflet moved item 7 to the Regular Agenda and postponed 17 and 18 to the next meeting. Councilmember Lundgren removed item 20 from the Regular Agenda. Councilmember Smith moved item 5 to the Regular Agenda. Discussion held concerning the placement and title of agenda items by Councilmembers. Councilmember Smith, seconded by Councilmember Fliflet, moved to remove item 17 from the agenda. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay) Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 – 0. D. ACCEPT MINUTES Minutes of the June 9, 2015 Regular Meeting were accepted as amended. Minutes of the August 18, 2015 Regular Meeting were accepted as presented. COUNCIL REPORTS Mayor Pearson: Met with Oakdale Mayor and City Administrator, met with potential developers of a senior center, attended Library alley meeting, attended a meeting with Village and downtown residents. Councilmember Fliflet: Attended Library meeting concerning the alley, will be attending Library Board meeting on Wednesday. Fielded calls on the proposed cemetery, met with developer of a senior center and met with downtown business owners and residents regarding construction plans. Councilmember Smith: Just returned from an eleven day vacation, fielded calls on the Inwood water booster station and met with developers of a downtown senior center. Councilmember Lundgren: Announced the Farmers Market will be ending in two weeks, attended the Public Safety Committee meeting and a workshop on Tartan Park. Spoke with residents concerning Tartan Park and the cemetery proposal. Working on a dog park in the city and reminded council of the pollinator city award. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 2015 Page 2 of 7 Councilmember Bloyer: Attended the Library meeting regarding the alley, worked on a code compliance issue with the Building Official, took calls from residents on the proposed cemetery, received a complaint regarding real estate brokerage signs. PUBLIC COMMENTS/INQUIRIES Barry Weeks, 3647 Lake Elmo Avenue N., discussed two meetings held earlier in the week concerning the downtown project and asked the City to do a better job notifying downtown residents and business owners of future meetings. PRESENTATIONS William Schroeer of East Metro Strong presented an outline for the City’s participation in a impact study related to the proposed Bus Rapid Transit line through Lake Elmo. Discussion was held concerning potential impact of the study on Met Council population requirements. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Approve Finance Report Dated 7/31/15 4. Approve the TNT Public Hearing Date for the 2015 Budget and Tax Levy – Resolution 2015-66 Councilmember ----, seconded by Councilmember -----, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. OTHER CONSENT AGENDA 5. 39th Street N. Street & Sanitary Sewer Improvements – Approve Tree Replacement Proposal 6. 2014 Street Improvements – Call for Final Assessment Hearing – Resolution 2015-68 7. Approve Tree Planting on Hill Trail 8. Approve Eagle Point Boulevard Testing Contract Councilmember -----, seconded by Councilmember --------, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. ITEM 12: ZONING TEXT AMENDMENT: COMMERCIAL WEDDING CEREMONY VENUE ORDINANCE ITEM 5: 39TH STREET N. STREET & SANITARY SEWER IMPROVEMENTS – APPROVE TREE REPLACEMENT PROPOSAL Councilmember Smith stated that the replacement trees should be changed from 2.5” trees to 4” trees specified in other areas of the City. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 2015 Page 3 of 7 Councilmember Smith, seconded by Councilmember Bloyer, moved TO APPROVE TREE REPLACEMENT PROPOSAL WITH AN UPGRADE TO 4” TREES, SUBJECT TO CITY ADMINISTRATOR APPROVAL OF THE ADDITIONAL COST. MOTION PASSED 5 – 0 ITEM 7: APPROVE TREE PLANTING ON HILL TRAIL Interim Administrator Schroeder reported that Mayor Pearson and Councilmember Bloyer visited a property on Hill Trail as a result of numerous resident complaints. Staff is recommending planting pine trees in the right of way to screen the view of a vehicle used for storage. Definition of “operational vehicle” was discussed. Councilmember Fliflet stated that the storage vehicle should be addressed and neighbors are concerned that the trees won’t provide adequate screening. Councilmember Smith asked if the City code can be amended to be clear concerning what qualifies as an operational vehicle. Councilmember Lundgren stated that the trees aren’t needed if the vehicle is not in violation of the City Ordinance and expressed concern over the cost of the trees. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AUTHORIZE STAFF TO PLANT THREE TREES IN THE RIGHT OF WAY ON HILL TRAIL. MOTION FAILED 2 – 3. (Fliflet, Lundgren, Smith – Nay) ITEM 9: PEBBLE PARK PICNIC SHELTER Public Works Superintendent Bouthilet stated that the picnic shelter is the last item on the approved list of improvements for Pebble Park. The Parks Commission has recommended approval of the purchase with the additional cost over the budgeted amount to be paid from the Park Land Dedication Fund. Councilmembers discussed adding power to the park shelter in the future. Councilmembers Fliflet and Lundgren questioned the cost of the gable end ornamental insert with the park name. Councilmember Bloyer, seconded by Councilmember Smith, moved TO AUTHORIZE EXPENDITURE OF UP TO $24,000 FROM THE PARK LAND DEDICATION FUND FOR THE PURCHASE AND INSTALLATION OF A PICNIC SHELTER IN PEBBLE PARK. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO AMEND THE MOTION TO REMOVE THE SIGN IN THE GABLED END. MOTION FAILED 2 – 3. (Bloyer, Pearson, Smith – Nay) Further discussion was held concerning the cost of the sign on the gabled end ornamental insert. Public Works Superintendent Bouthilet stated he would obtain an breakdown of the costs and report back to the Council. PRIMARY MOTION PASSED 5 – 0. ITEM 10: TABLYN PARK UPGRADES LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 2015 Page 4 of 7 Public Works Superintendent Bouthilet reported on the Parks Commission’s recommended upgrades for Tablyn Park. Bouthilet stated that the first three projects are removal of the basketball court, relocating the swingset and removing brush from the hill between the parking lot and play area. Councilmember Fliflet expressed concern over removing park amenities. Mayor Pearson stated he would prefer to accept the Parks Commission recommendations. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE RENTAL OF BRUSH REMOVAL EQUIPMENT FOR USE AT TABLYN PARK. MOTION PASSED 3 – 1 – 1. (Pearson – Nay, Bloyer – Present) ITEM 11: VILLAGE PARK PRESERVE FINAL PLAT EXTENSION Community Development Director Klatt explained the request for an extension for the Village Park Reserve final plat approval. Craig Allen, Gonyea Land Company, added that they are getting a later start than anticipated at their Village Preserve development and are unsure how long that project will take so they can move on to the Village Park Preserve project. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2015-73 EXTENDING THE FINAL PLAT SUBMISSION DEADLINE FOR VILLAGE PARK PRESERVE RESIDENTIAL SUBDIVISION TO APRIL 15, 2019. Councilmember Smith asked if delay is to avoid design standard changes. Mr. Allen responded that the delay is due to the number of units already under way. Councilmember Fliflet indicated she could support the extension with additional conditions. Councilmember Lundgren offered a friendly amendment changing the expiration date to APRIL 15, 2017. Councilmember Bloyer accepted the amendment. MOTION PASSED 3 – 2. (Fliflet, Smith – Nay) ITEM 13: INWOOD 2ND ADDITION FINAL PLAT Community Development Director Klatt stated that the Planning Commission recommended approval of the final plat and reviewed the map of the area. Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2015-69 APPROVING THE FINAL PLAT FOR INWOOD 2ND ADDITION. MOTION PASSED 5 – 0. ITEM 14: SAVONA 3RD ADDITION FINAL PLAT Community Development Director Klatt reviewed the site plan and areas included in the 3rd Addition. Klatt also reviewed the staff comments and Planning Commission recommendations. Councilmember Smith inquired about the design of the townhomes and past direction from the Planning Commission to redesign the front elevations. Lennar Representative Paul Tabone stated that he was unsure what was proposed in the past and that the townhomes under construction are LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 2015 Page 5 of 7 the current Lennar design. Councilmember Smith stated that the townhomes are subject to multifamily design standards, not single family. Discussion was also held concerning the proposed private park and what improvements would be provided by the developer in the park. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2015-70 APPROVING THE FINAL PLAT FOR SAVONA 3RD ADDITION WITH CONDITIONS 11 AND 12 STRICKEN. ROLL CALL VOTE TAKEN. MOTION FAILED 2 – 3. (Fliflet, Lundgren, Smith – Nay) Councilmember Fliflet stated she could not support the approval with conditions 11 and 12 stricken. Councilmember Smith asked to table the approval for further research on the distinction between single family and multifamily housing and the park issue. Councilmember Smith, seconded by Councilmember Fliflet, moved TO TABLE SAVONA 3RD ADDTION PLAT APPROVAL TO THE NEXT MEETING. MOTION PASSED 3 – 2. (Pearson, Bloyer – nay) City Attorney Snyder stated that staff would review and clarify single family versus multifamily definition, provide greater clarity on the amenities in the private park and the degree of review for landscaping around the retaining wall for the next Council meeting. ITEM 15: SAVONA 3RD ADDITION DEVELOPMENT AGREEMENT Councilmember Fliflet, seconded by Councilmember Smith, moved TO TABLE SAVONA 3RD ADDITION DEVELOPMENT AGREEMENT UNTIL THE FINAL PLAT COMES BACK FOR COUNCIL APPROVAL DUE TO THE LATENESS OF THE HOUR. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay) ITEM 16: NE METRO 916 INTERMEDIATE SCHOOL DISTRICT FINAL PLAT AND PRELIMINARY AND FINAL PUD PLANS Community Development Director Klatt noted that no representatives from the School District were present and suggested that the item could be tabled. Councilmember Smith moved to table to the next Council meeting. MOTION FAILED FOR LACK OF A SECOND. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2015-72 APPROVING THE PRELIMINARY AND FINAL PLAT AND PRELIMINARY AND FINAL PUD PLANS FOR THE NORTHEAST METRO INTERMEDIATE SCHOOL DISTRICT 916 SCHOOL FACILITY. Community Development Director Klatt presented an overview of the site and proposed improvements. Councilmember Fliflet noted that space for school busses to navigate the parking lot should be addressed. Interim Administrator Schroeder stated that the spoke with school district representatives who explained that smaller busses and vans are typically used to transport students to this type of facility. MOTION PASSED 5 – 0. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 2015 Page 6 of 7 ITEM 17: WAC AND SAC PROFORMA DISCUSSION ITEM 18: LAKE ELMO WATER RATES ITEM 19: PLAT APPROVAL PROCESS/CONDITIONS OF APPROVAL Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO TABLE TO THE NEXT MEETING. MOTION PASSED 5 – 0. Councilmember Fliflet asked anyone wanting to add to the memo on this item to direct their input to city staff. ITEM 20: TRANSITIONING ITEM 21: BUILDING INSPECTOR POSITION Interim Administrator Schroeder presented an updated version of the memo from the previous meeting requesting authorization to hire a full time building inspector. Schroeder reported that the current contract inspector has given his thirty day termination notice and the city has been unable to secure another contract inspector. Schroeder noted that the city participates in a consortium with other cities to pool building inspection services and feedback has been received that Lake Elmo has been on the taking end for quite some time. Typical work load data from the League of Minnesota Cities for building inspectors was reviewed and it was stated that the additional inspector could also fill in with code compliance and other tasks if time allows. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO AUTHORIZE THE CITY ADMINISTRATOR TO ADVERTISE, RECRUIT, INTERVIEW AND PRESENT FOR EMPLOYMENT A BUILDING INSPECTOR. MOTION PASSED 5 – 0. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Working on Tartan Park with Washington County and the Trust for Public Land; Library alley issue; met with representatives from Hans Hagen Homes; met with Mayor and Administrator of Oakdale; attended Gateway Corridor meetings and Washington County Library meeting; receiving City Planner applications; conducted a site visit at the Art Center building. City Clerk Johnson: Working on the Fall issue of The Source that will go to print on September 23rd. Reminder of November 3rd Special Election and Volksmarch on October 10th. Finance Director Bendel: Preparing budget information for upcoming Finance Committee and Council approval, 2016 Assessment files for all project completed this year. City Attorney Snyder: Met with staff and responded to issues as they came up. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 2015 Page 7 of 7 Community Development Director Klatt: Working with Landucci on a resubmission for development. City Engineer Griffin: Received a report from Washington County ranking intersections for improvements and a report concerning the Gateway Corridor BRT and Hudson Road. Meeting adjourned at 12:30 a.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $438,604.54 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: $438,604.54 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $438,604.54. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA City Council Meeting [Consent Agenda Item 2] September 15, 2015 -- page 2 -- BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 11,278.10 Payroll Taxes to IRS & MN Dept of Revenue 9/3/15 ACH $ 5,349.70 Payroll Retirement to PERA 9/3/15 DD6593-DD6621 $ 28,480.01 Payroll Dated (Direct Deposits) 9/3/15 43309-43371 $ 393,496.73 Accounts Payable 9/15/15 TOTAL $ 438,604.54 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 $438,604.54. ATTACHMENTS: 1. Accounts Payable – check registers MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM #3 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor 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 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through August 2015 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats – 1 Sales collected and viewed – 11 Taxpayer inquiries – 6 Miscellaneous inquiries - 7 Inspections – Residential – 187; Commercial – 1 Building permit reviews – 33 Pictures taken – 196 Other work performed included: • Completion of residential and commercial quintile. City Council Meeting [Consent Agenda Item#3] September 15, 2015 -- page 2 -- • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work • Perform sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the August 2015 monthly assessor report. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM #4 MOTION AGENDA ITEM: August 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 RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the August 2015 Financial Reporting Packet. No specific motion is needed as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find the comparative financial statements for the month of August 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Budget. City Council Meeting [Consent Agenda Item #4] September 15, 2015 -- page 2 -- GENERAL FUND: Revenues: Total revenue for the month was 32.9% below budget for the month bringing the year to date total revenue to 2.9% below budget. The most significant budget to actual revenue variances are as follows: • The first installment of property tax proceeds were received on 7/2/15 for $1,302,869 which was 4% lower than budgeted. It is anticipated that the second installment will be slightly above this amount and that the year will come in very close to the budgeted amount. • Building Permit revenue was 10.7% below budget for the month bringing the year to date to 30.1% below budget. In August there were 14 new home starts to the budgeted 11 new home starts per month. Although more homes than budgeted for the month, the fee revenue is slightly lower due to there being a four-plex included in August which have a lower home valuation which results in lower fees. The year to date new home starts is at 73, of which 9 were open space new homes. The 2015 budget did not include any open space new homes. • As mentioned last month, the second installment for MSA maintenance was received in July. This installment was budgeted in August based on when received in prior years resulting in the timing related variance. • Recycling grant proceeds were expected to be received in August as in prior years, however the recycling grant reimbursement request was submitted later than budgeted. Expenses: Total expenses for the month were 15.7% above budget bringing the year to date expenses to 5.1% less than budget. All departments continue to manage to the bottom line. The following summarizes variances of note: General: • Planning & Zoning – The contract services expenses are 100% above budget for the month. These expenses are for contract work performed by the Landscape Architects on the 5th Street project. • Fire – The repairs and maintenance-equipment expense for the month of August is 199% above budget for the month, however, the year to date expense is at 24.5% below budget. This expense is for the annual safety inspections for all the fire vehicles and was budgeted throughout the year rather than all in one month. City Council Meeting [Consent Agenda Item #4] September 15, 2015 -- page 3 -- • Building Inspection – The building inspection expenses are 44.3% below budget for the month and 47.9% below budget year to date primarily due to the building permit volume being below the level anticipated in the plan. The City Council approved the hiring of a contractor to assist with a lot line review related to a code enforcement situation resulting in the budget to actual variance for the month and year to date of $1.4k. • Public Works – The general Public Works expense were $1.4 below budget for the month and $30.8 below budget year to date. Although expending funds to prepare for winter (tires etc), the budget is closely being adhered to. • Ice and snow removal – the last delivery of the 2014/2015 contract season was ordered and received in August to prepare for winter. As a result, the monthly expense was $20.6 greater than budget and within 0.3% year to date. 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 continue to be less than budgeted and the net income through August is better than budget due to everyone managing to the bottom line. LIBRARY FUND: Revenues: Revenues on a year to date basis far exceeded budget as a result of recovering the delinquent rent from a prior tenant of $20.6k. Expenses: Expenses for the month of August were below budget for the month. This was primarily due to spending less than anticipated on building repairs during the month. On a year to date basis the actual expenses are 17.6% below budget. On a net income basis, the August results are 45.6% above budget primarily due to collection of an additional installment related to the delinquent rent mentioned in prior months. The ending July cash balance in the library fund is $227.5k. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached August Financial Report. ATTACHMENT: 1. August Financial Reports MAYOR AND COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM #5 MOTION AGENDA ITEM: Approve Purchase of replacement “Skid Unit” for Brush Truck SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Greg Malmquist, Fire Chief REVIEWED BY: Finance Director and Finance Committee SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..................................................................Finance Director - Report/Presentation………………………………………………… Fire Chief - Questions from City Council .................................................. Mayor Facilitates - Call for Motion .................................................................................................... - Discussion ............................................................................................................ - Action on Motion ................................................................................................. POLICY RECOMMENDER: Fire Department FISCAL IMPACT: The purchase of a replacement skid unit. Quoted price of $11,550.00 will be offset by a donation of $1,000.00 from KwikTrip and a $5,000.00 Grant from the MN DNR. The net cost to the City will be $5,550.00 SUMMARY AND ACTION REQUESTED: This item was presented in our 2015 budget and due to the uncertainty surrounding the grants that had been applied for, the Finance Committee removed this item from the 2015 budget. However, the stipulation was made that if significant grant funding were to be obtained, that the item could then be brought back for review once the net cost to the City was known. The Fire Department has been very successful in seeking out funding for this as mentioned above, and is respectfully requesting that the City match the grant/donation proceeds. Attached is an updated quote for the skid unit since the original quote was obtained in 2014. This item would be funded from the General Fund. City Council Meeting [Consent Agenda Item #5) September 15th, 2015 -- page 2 -- LEGISLATIVE HISTORY: The reason for recommendation of replacement is as follows: The equipment we are replacing was originally on a 1985 Grass Rig. We then modified it to a skid unit to allow for it to be utilized on newer vehicles and to be removed in the winter. The equipment is now 30 years old and requires more maintenance every year and making it more unreliable as some parts are unavailable. The newer unit will increase our fire suppression capabilities as it is equipped with foam. BACKGROUND INFORMATION (SWOT): Strengths Replace worn out current skid unit with reliable updated unit thereby reducing maintenance costs. Weaknesses Disposition of old unit. Opportunities New skid unit will transfer to future vehicles as in the past. Utilization of Grant/Donation funding. Threats Maintenance downtime RECOMMENDATION: Based on the aforementioned, it is recommended that this item be approved for purchase. ATTACHMENTS: • Original quote of $11,745.00 • Updated quote of $11,550.00 • Spec sheet showing FIRELITE TRANSPORT FDHP-160-302 (skid unit to be purchased) • MN DNR Grant Award cover letter MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM # 6 AGENDA ITEM: Eagle Point Blvd Street and Utility Improvements – Pay Request No. 1 SUBMITTED BY: Ryan Stempski, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 for the Eagle Point Boulevard Street and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 1 to Miller Excavating, Inc. in the amount of $102,582.81 for the Eagle Point Boulevard Street and Utility Improvements”. City Council Meeting [Consent Agenda Item 6] September 15, 2015 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Miller Excavating, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 1 in the amount of $102,582.81. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $5,399.10. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 1 for the Eagle Point Boulevard Street and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 1 to Miller Excavating, Inc. in the amount of $102,582.81 for the Eagle Point Boulevard Street and Utility Improvements”. ATTACHMENT(S): 1. Partial Pay Estimate No. 1 PARTIAL PAY ESTIMATE NO. 1 EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.120 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $29,900.00 $29,900.00 0.50 $14,950.00 0.50 $14,950.00 2 LS 1 $6,850.00 $6,850.00 0.50 $3,425.00 0.50 $3,425.00 3 LF 3,100 $2.00 $6,200.00 1,550.00 $3,100.00 1,550.00 $3,100.00 4 EA 17 $200.00 $3,400.00 8.00 $1,600.00 8.00 $1,600.00 5 EA 2 $1,000.00 $2,000.00 0.00 $0.00 0.00 $0.00 6 HR 20 $100.00 $2,000.00 0.00 $0.00 0.00 $0.00 7 SY 5,145 $10.50 $54,022.50 0.00 $0.00 0.00 $0.00 8 SY 2,575 $1.15 $2,961.25 0.00 $0.00 0.00 $0.00 $107,333.75 $23,075.00 $23,075.00 9 EA 2 $2,800.00 $5,600.00 2.00 $5,600.00 2 $5,600.00 10 LF 764 $33.60 $25,670.40 764.00 $25,670.40 764 $25,670.40 11 EA 3 $3,400.00 $10,200.00 3.00 $10,200.00 3 $10,200.00 12 LF 12 $240.00 $2,880.00 12.00 $2,880.00 12 $2,880.00 13 CY 42 $52.00 $2,184.00 0.00 $0.00 0 $0.00 14 CY 42 $68.00 $2,856.00 0.00 $0.00 0 $0.00 15 LF 764 $3.50 $2,674.00 0.00 $0.00 0 $0.00 $52,064.40 $44,350.40 $44,350.40 16 EA 1 $2,650.00 $2,650.00 0.00 $0.00 0 $0.00 17 EA 1 $1,990.00 $1,990.00 0.00 $0.00 0 $0.00 18 EA 2 $4,770.00 $9,540.00 0.00 $0.00 0 $0.00 19 EA 1 $4,990.00 $4,990.00 0.00 $0.00 0 $0.00 20 EA 1 $4,560.00 $4,560.00 0.00 $0.00 0 $0.00 21 LF 209 $108.00 $22,572.00 0.00 $0.00 0 $0.00 22 EA 2 $985.00 $1,970.00 0.00 $0.00 0 $0.00 23 EA 1 $1,560.00 $1,560.00 0.00 $0.00 0 $0.00 24 EA 1 $2,190.00 $2,190.00 0.00 $0.00 0 $0.00 25 EA 2 $1,380.00 $2,760.00 0.00 $0.00 0 $0.00 26 EA 1 $1,270.00 $1,270.00 0.00 $0.00 0 $0.00 27 SF 32 $10.00 $320.00 0.00 $0.00 0 $0.00 $56,372.00 $0.00 $0.00 28 EA 2 $400.00 $800.00 0.00 $0.00 0 $0.00 29 LF 65 $15.00 $975.00 0.00 $0.00 0.00 $0.00 30 EA 2 $890.00 $1,780.00 0.00 $0.00 0.00 $0.00 31 LF 117 $33.00 $3,861.00 0.00 $0.00 0.00 $0.00 32 LF 971 $34.50 $33,499.50 0.00 $0.00 0.00 $0.00 33 EA 3 $1,695.00 $5,085.00 0.00 $0.00 0.00 $0.00 34 EA 7 $2,665.00 $18,655.00 0.00 $0.00 0.00 $0.00 35 EA 2 $475.00 $950.00 0.00 $0.00 0.00 $0.00 36 SF 27 $36.00 $972.00 0.00 $0.00 0.00 $0.00 $66,577.50 $0.00 $0.00 37 EA 11.00 $60.00 $660.00 0.00 $0.00 0 $0.00 38 EA 1.00 $60.00 $60.00 0.00 $0.00 0 $0.00 39 LF 553.00 $3.00 $1,659.00 0.00 $0.00 0 $0.00 40 SY 266.00 $5.00 $1,330.00 0.00 $0.00 0 $0.00 41 SY 380.00 $6.00 $2,280.00 0.00 $0.00 0 $0.00 42 LF 7,036.00 $2.00 $14,072.00 2,050.00 $4,100.00 2,050 $4,100.00 43 LS 1.00 $214,450.00 $214,450.00 0.17 $36,456.50 0.17 $36,456.50 44 CY 12,000.00 $11.95 $143,400.00 0.00 $0.00 0 $0.00 45 SY 2,700.00 $9.00 $24,300.00 0.00 $0.00 0 $0.00 46 RS 34.00 $150.00 $5,100.00 0.00 $0.00 0 $0.00 47 TN 9,850.00 $12.65 $124,602.50 0.00 $0.00 0 $0.00 48 TN 9.00 $80.00 $720.00 0.00 $0.00 0 $0.00 49 TN 1,825.00 $62.00 $113,150.00 0.00 $0.00 0 $0.00 16"X6" REDUCER MJ DUCTILE IRON COMPACT FITTING 4" POLYSTYRENE INSULATION 16" DIP CL. 52 WATERMAIN SUBTOTAL ‐ DIVISION 2 DIVISION 3 ‐ WATERMAIN 16" BUTTERFLY VALVE & BOX 16"X45° BEND MJ DUCTILE IRON COMPACT FITTING 16"x16" TEE MJ DUCTILE IRON COMPACT FITTING TEMPORARY ROCK CONSTRUCTION ENTRANCE STREET SWEEPING 6" TOPSOIL AND SOD HYDRAULIC MULCH (TEMPORARY) 16"X12" REDUCER MJ DUCTILE IRON COMPACT FITTING SANITARY SEWER PIPE ‐ 8" SANITARY SEWER MANHOLE ‐ TYPE 301 SUBTOTAL ‐ DIVISION 1 EXCESS MANHOLE DEPTH REMOVAL OF UNSTABLE FOUNDATION MATERIAL DIVISION 2 ‐ SANITARY SEWER CONNECT TO EXISTING SANITARY SEWER MANHOLE STABILIZING AGGREGATE BORROW TELEVISING 6" GATE VALVE & BOX DIVISION 1 ‐ GENERAL MOBILIZATION TRAFFIC CONTROL SILT FENCE INLET PROTECTION ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT AMOUNT THIS PERIOD TOTAL TO DATE CONNECT TO EXISITING WATERMAIN 12" GATE VALVE REMOVE AND REPLACE VALVE BOX HYDRANT SUBTOTAL ‐ DIVISION 3 DIVISION 4 ‐ STORM SEWER REMOVE EXISTING STORM SEWER STRUCTURE CATCH BASIN/MANHOLE ‐ TYPE 406 RESET EXISTING CATCH BASIN CASTING REPAIR EXISTING CATCH BASIN CONCRETE REMOVE EXISTING STORM SEWER (ALL TYPES AND SIZES) CONNECT TO EXISTING STORM SEWER STRUCTURE STORM SEWER PIPE ‐ 12" RCP STORM SEWER PIPE ‐ 15" RCP CATCH BASIN ‐ TYPE 404 AGGREGATE TRAIL RESTORATION BITUMINOUS NON‐WEAR COURSE DIVISION 5 ‐ STREETS SALVAGE POST AND SIGN REMOVE POST AND SIGN SAWCUT BITUMINOUS OR CONCRETE REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT (DRIVEWAY) CLASS 6 AGGREGATE BASE SUBTOTAL ‐ DIVISION 4 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT (DRIVEWAY) REMOVE AND DISPOSE OF EXISTING CONCRETE CURB COMMON EXCAVATION SELECT GRANULAR BORROW (CV) (P) SUBGRADE CORRECTION SUBGRADE PREPARATION QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT AMOUNT THIS PERIOD TOTAL TO DATE 50 TN 1,825.00 $62.00 $113,150.00 0.00 $0.00 0 $0.00 51 GA 842.00 $3.00 $2,526.00 0.00 $0.00 0 $0.00 52 LF 6,596.00 $12.00 $79,152.00 0.00 $0.00 0 $0.00 53 EA 4.00 $2,970.00 $11,880.00 0.00 $0.00 0 $0.00 54 SY 40.00 $55.00 $2,200.00 0.00 $0.00 0 $0.00 55 SY 295.00 $27.00 $7,965.00 0.00 $0.00 0 $0.00 56 LF 6,660.00 $9.00 $59,940.00 0.00 $0.00 0 $0.00 57 EA 50.00 $150.00 $7,500.00 0.00 $0.00 0 $0.00 58 EA 8.00 $400.00 $3,200.00 0.00 $0.00 0 $0.00 59 EA 6.00 $515.00 $3,090.00 0.00 $0.00 0 $0.00 60 EA 4.00 $600.00 $2,400.00 0.00 $0.00 0 $0.00 61 EA 18.00 $350.00 $6,300.00 0.00 $0.00 0 $0.00 62 SF 15.00 $45.00 $675.00 0.00 $0.00 0 $0.00 63 EA 2.00 $200.00 $400.00 0.00 $0.00 0 $0.00 64 LF 7,116.00 $0.53 $3,771.48 0.00 $0.00 0 $0.00 65 LF 1,524.00 $0.53 $807.72 0.00 $0.00 0 $0.00 66 LF 2,558.00 $0.53 $1,355.74 0.00 $0.00 0 $0.00 67 EA 2.00 $1,200.00 $2,400.00 0.00 $0.00 0 $0.00 68 LS 1.00 $4,500.00 $4,500.00 0.00 $0.00 0 $0.00 69 EA 10.00 $815.00 $8,150.00 0.00 $0.00 0 $0.00 $967,146.44 $40,556.50 $40,556.50 TOTALS ‐ BASE CONTRACT $1,249,494.09 $67,425.40 $107,981.90 PERFORATED PVC EDGE DRAIN DRAINTILE CLEANOUT DRAINTILE CONNECTION INTO CATCH BASIN PRECAST CONCRETE HEADWALL FOR DRAINTILE BITUMINOUS MATERIAL FOR TACK COAT CONCRETE CURB AND GUTTER DRIVEWAY VALLEY GUTTER 6" CONCRETE DRIVEWAY PAVEMENT BITUMINOUS DRIVEWAY PAVEMENT BITUMINOUS WEAR COURSE PAVEMENT MARKINGS ‐ POLY PREFORMED SUBTOTAL ‐ DIVISION 5 ADJUST MANHOLE CASTING ADJUST GATE VALVE BOX FURNISH SIGN PANEL INSTALL SIGN PANELS 4" SOLID LINE WHITE EPOXY 4" SOLID LINE YELLOW EPOXY 4" BROKEN LINE YELLOW EPOXY STOP BAR ‐ POLY PREFORMED TEMPORARY PAVEMENT STRIPING MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM # 7 AGENDA ITEM: Production Well No. 4 – Pay Request No. 10 (FINAL) SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering FISCAL IMPACT: None. Final payment is proposed in accordance with the Contract for the project. The total project cost remains within authorized amounts and approved change orders for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider accepting the improvements and approving Pay Request No. 10 (Final) for the Production Well No. 4 Improvements. The work has been reviewed by the Engineer and is fully completed in accordance with the Contract, Plans and Specifications and Change Orders. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the improvements for the Production Well No. 4 and approve Pay Request No. 10 (Final) to Keys Well Drilling Company in the amount of $15,367.37.” City Council Meeting [Consent Agenda Item 7] September 15, 2015 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Keys Well Drilling Co., the Contractor for the project, has completed the Production Well No. 4 Improvements in accordance with the construction contract awarded by the council on May 21, 2013. The Project Engineer has prepared a Certification of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance of the improvements and release of the final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on September 15, 2015 and will extend through September 15, 2016. The final total construction costs for the project is $307,347.50 which is 0.8% over the original contract amount of $304,800.00. Added project costs are primarily related to additional well development time and rock removal required to achieve the design capacity of the well. The project was partially funded through the MN-DEED water system grant. A breakdown of the project costs compared with the previously approved budget is shown below. Post Construction Costs Authorized Project Budget Costs Total Project Costs: $423,173 $444,400 Funding Source: DEED Water Agreement Funds: $163,141 $170,000 Water Enterprise Funds: $260,032 $274,400 RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the improvements for the Production Well No. 4 and approving Pay Request No. 10 (Final) in the amount of $15,367.37. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the improvements for the Production Well No. 4 and approve Pay Request No. 10 (Final) to Keys Well Drilling Company in the amount of $15,367.37.” ATTACHMENT(S): 1. Certificate of Completion 2. Partial Pay Estimate No. 10 (Final). PARTIAL PAY ESTIMATE NO. 10 (Final) PRODUCTION WELL NO. 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.125 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 MOBILIZATION / SITE WORK LS 1 $26,000.00 $26,000.00 ‐$0.00 1.00 $26,000.00 2SILT FENCE LF 550 $5.00 $2,750.00 ‐$0.00 275.00 $1,375.00 324‐INCH STEEL CASING LF 95 $200.00 $19,000.00 ‐$0.00 89.00 $17,800.00 424‐INCH OPEN HOLE LF 110 $125.00 $13,750.00 ‐$0.00 122.00 $15,250.00 518‐INCH STEEL CASING LF 210 $80.00 $16,800.00 ‐$0.00 211.00 $16,880.00 618‐INCH OPEN HOLE LF 85 $60.00 $5,100.00 ‐$0.00 81.00 $4,860.00 7GROUT CY 50 $410.00 $20,500.00 ‐$0.00 29.00 $11,890.00 8 EXPLOSIVES LB 400 $28.00 $11,200.00 ‐$0.00 410.00 $11,480.00 9REMOVAL OF ROCK CY 750 $70.00 $52,500.00 ‐$0.00 1071.00 $74,970.00 10 AIR SURGING MOBILIZATION LS 1 $4,500.00 $4,500.00 ‐$0.00 2.00 $9,000.00 11 AIR SURGING DEVELOPMENT HRS 125 $210.00 $26,250.00 ‐$0.00 121.50 $25,515.00 12 TELEVISION SURVEY LS 1 $1,400.00 $1,400.00 ‐$0.00 1.00 $1,400.00 13 TEST PUMP MOBILIZATION & INSTALL. LS 1 $5,000.00 $5,000.00 ‐$0.00 2.00 $10,000.00 14 TEST PUMPING HRS 80 $140.00 $11,200.00 ‐$0.00 63.50 $8,890.00 15 TEST PUMPING DISCHARGE PIPE LF 2,500 $5.50 $13,750.00 ‐$0.00 2425.00 $13,337.50 16 SAND CONTENT TESTS EA 5 $50.00 $250.00 ‐$0.00 3.00 $150.00 17 CHEM. ANALYSIS & BACT. TEST LS 1 $4,500.00 $4,500.00 ‐$0.00 1.00 $4,500.00 18 SOUNDS BARRIER CONSTRUCTION SF 1,600 $8.00 $12,800.00 ‐$0.00 ‐$0.00 19 GAMMA LOG EA 1 $800.00 $800.00 ‐$0.00 1.00 $800.00 20 RESTORATION LS 1 $3,500.00 $3,500.00 ‐$0.00 ‐$0.00 21 WELL PUMP LS 1 $53,250.00 $53,250.00 0.08 $4,260.00 1.00 $53,250.00 TOTALS ‐ BASE CONTRACT $304,800.00 $4,260.00 $307,347.50 CHANGE ORDER NO. 1 CO1‐1REVISE COMPLETION DATE LS 1.0 $0.00 $0.00 1.0 $0.00 0.0 $0.00 TOTALS ‐ CHANGE ORDER NO. 1 $0.00 $0.00 $0.00 COMPENSATING CHANGE ORDER NO. 2 CO2‐1 COMPENSATING CHANGE ORDER LS 1.0 $2,547.50 $2,547.50 0.0 $0.00 0.0 $0.00 TOTALS ‐ COMPENSATING CHANGE ORDER NO. 2 $2,547.50 $0.00 $0.00 TOTALS ‐ REVISED CONTRACT $307,347.50 $4,260.00 $307,347.50 ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM # 8 AGENDA ITEM: Production Well No. 4 – Compensating Change Order No. 2 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: Increase of $2,547.50 to the final construction contract amount. This change order reconciles the estimated and actual quantities installed on the project and increases the contract by $2,547.50. With this change order the final contract amount is $307,347.50. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the consent agenda, Compensating Change Order No. 2 for the Production Well No. 4 project to reconcile the estimated and actual quantities installed on the project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Compensating Change Order No. 2 for the Production Well No. 4 project thereby increasing the final contract amount by $2,547.50.” City Council Meeting [Consent Agenda Item 8] September 15, 2015 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Keys Well Drilling Company was awarded a construction contract on May 22, 2013 to complete the Production Well No. 4 project. The contractor has completed the work in accordance with the contract, plans and specifications; and with approval of this change order the contract amount will be adjusted to reflect quantities actually installed as part of the project. The overall increase in the contract amount for this change order is $2,547.50 as detailed on the attached itemization. The added cost was the result of additional development time and material removal in order to achieve the designed well pumping capacity. The final construction contract amount is $307,347.50 or 0.8% over the original construction contract award. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, approving Compensating Change Order No. 2 for the Production Well No. 4 project thereby increasing the final contract amount by $2,547.50. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve Compensating Change Order No. 2 for the Production Well No. 4 project thereby increasing the final contract amount by $2,547.50.” ATTACHMENT(S): 1. Compensating Change Order No. 2 COMPENSATING CHANGE ORDER NO. 2 PRODUCTION WELL NO. 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.125 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 MOBILIZATION / SITE WORK LS 1 $26,000.00 $26,000.00 1.00 $26,000.00 ‐$0.00 2SILT FENCE LF 550 $5.00 $2,750.00 275.00 $1,375.00 ‐275.00 ‐$1,375.00 324‐INCH STEEL CASING LF 95 $200.00 $19,000.00 89.00 $17,800.00 ‐6.00 ‐$1,200.00 424‐INCH OPEN HOLE LF 110 $125.00 $13,750.00 122.00 $15,250.00 12.00 $1,500.00 518‐INCH STEEL CASING LF 210 $80.00 $16,800.00 211.00 $16,880.00 1.00 $80.00 618‐INCH OPEN HOLE LF 85 $60.00 $5,100.00 81.00 $4,860.00 ‐4.00 ‐$240.00 7GROUT CY 50 $410.00 $20,500.00 29.00 $11,890.00 ‐21.00 ‐$8,610.00 8 EXPLOSIVES LB 400 $28.00 $11,200.00 410.00 $11,480.00 10.00 $280.00 9REMOVAL OF ROCK CY 750 $70.00 $52,500.00 1071.00 $74,970.00 321.00 $22,470.00 10 AIR SURGING MOBILIZATION LS 1 $4,500.00 $4,500.00 2.00 $9,000.00 1.00 $4,500.00 11 AIR SURGING DEVELOPMENT HRS 125 $210.00 $26,250.00 121.50 $25,515.00 ‐3.50 ‐$735.00 12 TELEVISION SURVEY LS 1 $1,400.00 $1,400.00 1.00 $1,400.00 ‐$0.00 13 TEST PUMP MOBILIZATION & INSTALL. LS 1 $5,000.00 $5,000.00 2.00 $10,000.00 1.00 $5,000.00 14 TEST PUMPING HRS 80 $140.00 $11,200.00 63.50 $8,890.00 ‐16.50 ‐$2,310.00 15 TEST PUMPING DISCHARGE PIPE LF 2,500 $5.50 $13,750.00 2425.00 $13,337.50 ‐75.00 ‐$412.50 16 SAND CONTENT TESTS EA 5 $50.00 $250.00 3.00 $150.00 ‐2.00 ‐$100.00 17 CHEM. ANALYSIS & BACT. TEST LS 1 $4,500.00 $4,500.00 1.00 $4,500.00 ‐$0.00 18 SOUNDS BARRIER CONSTRUCTION SF 1,600 $8.00 $12,800.00 ‐$0.00 ‐1600.00 ‐$12,800.00 19 GAMMA LOG EA 1 $800.00 $800.00 1.00 $800.00 ‐$0.00 20 RESTORATION LS 1 $3,500.00 $3,500.00 ‐$0.00 ‐1.00 ‐$3,500.00 21 WELL PUMP LS 1 $53,250.00 $53,250.00 1.00 $53,250.00 ‐$0.00 TOTALS ‐ BASE CONTRACT $304,800.00 $307,347.50 $2,547.50 CHANGE ORDER NO. 1 CO1‐1REVISE COMPLETION DATE LS 1.0 $0.00 $0.00 1.0 $0.00 0.0 $0.00 TOTALS ‐ CHANGE ORDER NO. 1 $0.00 $0.00 $0.00 TOTALS ‐ DIFFERENCE IN CONTRACT AND ACTUAL WORK COMPLETE $304,800.00 $307,347.50 $2,547.50 ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT TOTAL TO DATE COMPENSATING CO #2 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM 9 MOTION AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Kyle Klatt, Planning Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff .............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion ..................................................................... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through August, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2015 2014 2013 New Homes 75 17 23 Total valuation $24,663,000 $10,018,000 $10,553,000 Average home value 328,000 589,000 459,000 Total Valuation YTD 29,283,000 15,169,000 13,077,000  One new home rebuilt in 2015 due to fire. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the August, 2015 monthly new home building permit report. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM # 10 AGENDA ITEM: Approval of Resolution No. 2015-74, Appointing 2015 Election Judges SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, City Administrator REVIEWED BY: Clark Schroeder, City Administrator SUGGESTED ORDER OF BUSINESS (if removed from Consent): - Introduction of Item ............................................................................ City Clerk - Report/Presentation…………………………………………………..City Clerk - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: None. All expenses are reimbursed by the school district. SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda, the City Council is respectfully requested to approve Resolution No. 2015-74, A Resolution Appointing Election Judges for the 2015 Special Election. Please find attached Exhibit A with the names of the 2015 election judges. As part of the Consent Agenda, no formal motion is needed; however, if the Council wishes to further discuss the topic, they can remove this item from the Consent Agenda and approve the Resolution by taking the following action: “Move to approve Resolution No. 2015-74, A Resolution Appointing Election Judges for the 2015 Special Election, as presented herein.” City Council Meeting [Consent Agenda Item 10] September 15, 2015 -- page 2 -- LEGISLATIVE HISTORY: North St. Paul/Maplewood/Oakdale Independent School District 622 has called for a special election to be held on November 3, 2015. It is the City’s responsibility to run the election including appointing supervising election judges to work the polls; however, all costs and legal notice publications associated with the election are the responsibility of ISD 622. Pursuant to Section 204B.21 of the Minnesota Election Laws, election judges shall be appointed by the municipality. The appointments shall be made at least 25 days before the election at which the judges will serve. The election judges are required to receive compensation equal to at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training. The City Council approved the appointment of the judges on the attached Exhibit A to serve for the ISD 834 special election in May, 2015. Staff is requesting the individuals listed on the attached Exhibit A be re-appointed to serve as election judges for the November 3, 2015 Special Election at the hourly rate of $10.00 for election judges and $11.00 for head election judges. As allowed by law if circumstances change before the election, the resolution authorizes the City Clerk to appoint additional election judges as necessary. RECOMMENDATION: Staff recommends the City Council approve Resolution No. 2015-19, A Resolution Appointing Election Judges for the 2015 Special Election depicted in the attached Exhibit A. As part of the Consent Agenda, no formal motion is needed; however, if the Council wishes to further discuss the topic, they can remove this item from the Consent Agenda and approve the Resolution by taking the following action: “Move to approve Resolution No. 2015-74, A Resolution Appointing Election Judges for the 2015 Special Election, as presented herein.” ATTACHMENTS: 1. Exhibit A – 2015 Election Judge Roster 2. Resolution No. 2015-74, A Resolution Appointing Election Judges for the 2015 Special Election Exhibit A – 2015 Lake Elmo Election Judges Jim Allen Diane Allen Ella Menendez Janice Roth Linda Wagner Pat O’Donnell Donald Slinger Gloria VanDemmeltraadt Barb Bjorkman Abdullah Battah Sally Wacker Bob Schumacher Jim Carlson Nancy Hansen Armando Menendez Phyllis Paulson Jan Kiefner Wil Hirsch Jim Roth Wendy Tait Loos Maggie Lindberg Jan Krueger Bill Wacker Janet Carlson Mary Grundeen Shirley Durand CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-74 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2015 SPECIAL ELECTION WHEREAS, pursuant to Section 204B.21 of the Minnesota Election Laws, Election judges shall be appointed by the municipality; and WHEREAS, the appointments shall be made at least 25 days before the election at which the judges will serve; and WHEREAS, election judges and election judge trainees shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training; and WHEREAS, the City of Lake Elmo is dependent upon and appreciative of citizen assistance for its election process; and WHEREAS, the Lake Elmo 2015 Special Election Judge appointments consist of individuals recommended by the City Clerk with the approval by majority of the City Council; and WHEREAS, the City Clerk may appoint additional election judges as necessary, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo that the individuals listed on the attached Exhibit A are appointed to serve as election judges for the November 3, 2015 Special Election at the hourly rate of $10.00 for election judges and $11.00 for head election judges. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 15th DAY OF SEPTEMBER 2015. By: ___________________________ Mike Pearson (Seal) Mayor ATTEST: ____________________________ Julie Johnson City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: September 15, 2015 CONSENT ITEM # 11 AGENDA ITEM: Phase 2 Downtown Street, Drainage, and Utility Improvements: Request County to Proceed with 30th Street Right-of-Way Acquisition SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer David Snyder, City Attorney Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Staff and Legal. FISCAL IMPACT: Approval of this motion will provide direction to Washington County as it works to acquire City owned right-of-way along 30th Street to facilitate the Phase 2 Downtown Street, Drainage, and Utility Improvements planned for construction in 2016. Based upon Phase 1 Downtown Improvement appraisal information it is estimated the right-of- way acquisition will cost $172,000 plus appraisal and acquisition costs. These costs have been previously identified in the project cost estimates and were included in the Cooperative Agreement with the County. Final costs will not be known until the county completes the Phase 2 Downtown Improvement appraisal process and successfully negotiates each acquisition. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to direct Washington County to proceed with 30th Street right-of-way acquisition. If removed from the consent agenda, the recommended motion for the action is as follows: City Council Meeting [Consent Agenda Item 11] September 15, 2015 -- page 2 -- “Move to direct Washington County to acquire right-of-way along 30th Street as necessary to construct improvements proposed for the Phase 2 Downtown Street, Drainage, and Utility Improvements.” LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Final design is underway for the Phase 2 Downtown Street, Drainage, and Utility Improvements project which includes extension of sanitary sewer along 30th Street from Lake Elmo Avenue to Reid Park. Historic research has shown an indication that the City of Lake Elmo may own right- of-way along this corridor, however nothing was officially recorded or platted. In order to complete the improvements Washington County is recommending that the City direct the County to acquire right-of-way from the property owners from the back of the existing curb to the extent of the project construction limits, approximately 27 feet south of the existing roadway centerline. Under this scenario the City is assuming that prescriptive easement rights exist along 30th Street from back of curb to the back of curb due to the long standing maintenance of a public roadway but not beyond the curb line. This recommendation requires the City to acquire approximately 25,000 sf. of right-of-way to complete the proposed Phase 2 improvements. The County needs official direction on how to proceed with the acquisition in order to maintain their project schedule. The City’s decision must weigh the risk and cost of litigation against the time and expense of obtaining this right-of-way. The City could proceed with the presumption that the 30 foot right- of-way exists based on deed records and no additional acquisition would be needed to complete the improvements as proposed. There would be no cost for acquisition but the City may be required to withstand challenges by property owners. LEGAL OPINION: The County has requested that the City clarify whether or not it wants to fully acquire easements in the affected areas sufficient to allow construction of a sidewalk. It appears that the City has a roadway and related easements established by longstanding use of the area and the proposed sidewalk would lie within areas that are essentially right-of-way. In any event, some portions of the sidewalk may not lie entirely within the right-of-way and some other related improvements may lie slightly outside of the right-of-way. The County suggests and requests that the areas affected by the sidewalk be acquired by the City through quick take eminent domain proceedings. Since most of the area is burdened with City right-of-way in any event, the acquisitions would not be difficult. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, direct Washington County to proceed with 30th Street right-of-way acquisition. If removed from the consent agenda, the recommended motion for the action is as follows: City Council Meeting [Consent Agenda Item 11] September 15, 2015 -- page 3 -- “Move to direct Washington County to acquire right-of-way along 30th Street as necessary to construct improvements proposed for the Phase 2 Downtown Street, Drainage, and Utility Improvements.” ATTACHMENT(S): 1. Acquisition Map – Option 1 Existing Back of Curb to Recommended R/W extents. #2989JOLLYMOREGARY M#3025WILLIAMSMARJORIE FTODD R &#3025WILLIAMSMARJORIE FTODD R &#11205 ASHLEY JULIA M 11217 KRESSIN VIRGINIA JEROME & 11227 JOHNSON SUSAN LACHLER- #11259 MAZZARA MICHAEL J #11291 WEHKING TERRY J & ROY #11307 DIETHERT NANCY J JACK R & #11333 METCALF HEATHER R MARK G & #11357 DANIELSON DIANA M TIMOTHY J & #11377 JAHNKE SHIRLEY A ROLAND J & #11356 GLANZER JANE JARVIS & #11326 RYBERG CANDACE Q PAUL A & #11316 SWANSON BARBARA J RONALD V & #11280 ARNT RICHARD W #11256 ANDREW J PERTZ 30TH ST N 30TH ST N RECOMMENDED R/W #11377 JAHNKE SHIRLEY A ROLAND J & #11397 DAVID E HARPER JOHN K LECY & #11443 KAREN U KNOWLAN #2988 GARNER JERILYN M DONALD J & #2955 SUSAN D CORCORAN ASSOCIATION HOMEOWNER HERITAGE FARMS CO GAS NATURAL NORTHERN ASSOCIATION TOWNHOUSE ELMO VIEW 30TH ST N LISBON AVE NRECOMMENDED R/W RECOMMENDED R/W LEGEND 30 TH STREET RIGHT-OF-WAY OPTION #1, LAKE ELMO OLD VILLAGE COST AT $7/SQ FT = $171,717 RECOMMENDED R/W = 24,531 SQ FT TOTAL AREA TO 1 2 RECOMMENDED R/W OPTION 1: EXISTING BACK OF CURB TO RECOMMENDED R/W PRESCRIPTIVE R/W CONSTRUCTION LIMITS ASSUMED PRESCRIPTIVE R/W TO RECOMMENDED R/W RECOMMENDED R/W FROM EXISTING BACK OF CURB7/17/201511:34:46 AMS:\UZ\W\Washc\126774\5-final-dsgn-2016\51-cadd\Exhibits\cd126774_rwExhibit.dgnOF OPTION 1-1FILE NO. WASHC126774 ST. PAUL, MN 55110 3535 VADNAIS CENTER DR. PHONE: (651)490-2000 #2989JOLLYMOREGARY M#3025WILLIAMSMARJORIE FTODD R &#11205 ASHLEY JULIA M 11217 KRESSIN VIRGINIA JEROME & 11227 JOHNSON SUSAN LACHLER- #11259 MAZZARA MICHAEL J #11291 WEHKING TERRY J & ROY #11307 DIETHERT NANCY J JACK R & #11333 METCALF HEATHER R MARK G & #11357 DANIELSON DIANA M TIMOTHY J & #11377 JAHNKE SHIRLEY A ROLAND J & #11356 GLANZER JANE JARVIS & #11326 RYBERG CANDACE Q PAUL A & #11316 SWANSON BARBARA J RONALD V & #11280 ARNT RICHARD W #11256 ANDREW J PERTZ 30TH ST N 30TH ST N PRESCRIPTIVE R/W RECOMMENDED R/W PRESCRIPTIVE R/W RECOMMENDED R/W #11377 JAHNKE SHIRLEY A ROLAND J & #11397 DAVID E HARPER JOHN K LECY & #11443 KAREN U KNOWLAN #2988 GARNER JERILYN M DONALD J & #2955 SUSAN D CORCORAN ASSOCIATION HOMEOWNER HERITAGE FARMS CO GAS NATURAL NORTHERN ASSOCIATION TOWNHOUSE ELMO VIEW 30TH ST N LISBON AVE NLEGEND RECOMMENDED R/W PRESCRIPTIVE R/W RECOMMENDED R/W PRESCRIPTIVE R/W CONSTRUCTION LIMITS ASSUMED PRESCRIPTIVE R/W TO RECOMMENDED R/W RECOMMENDED R/W FROM EXISTING BACK OF CURB OF 30 TH STREET RIGHT-OF-WAY OPTION #2, LAKE ELMO OLD VILLAGE COST AT $7/SQ FT = $51,891 TO RECOMMENDED R/W = 7,413 SQ FT TOTAL AREA FROM ASSUMED PRESCRIPTIVE R/W 2 2 TO RECOMMENDED R/W OPTION 2: ASSUMED PRESCRIPTIVE R/W 7/17/201511:33:07 AMS:\UZ\W\Washc\126774\5-final-dsgn-2016\51-cadd\Exhibits\cd126774_rwExhibit.dgnOF OPTION 2-1FILE NO. WASHC126774 ST. PAUL, MN 55110 3535 VADNAIS CENTER DR. PHONE: (651)490-2000