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Home My WebLink About11-04-2015 City Council Meeting Packet 1 of 2 NOTICE OF MEETING City Council Meeting Wednesday, November 4, 2015 6:30 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order B. Pledge of Allegiance C. Planning Commission Applicant Interview D. Roll Call/Order of Business E. Approval of Agenda F. Accept Minutes 1. Approve October 20, 2015 Minutes G. Council Reports H. Presentations/Public Comments/Inquiries I. Finance Consent Agenda 2. Approve Payment of Disbursements 3. Approve 404 Lake Elmo Avenue Assessment Agreement. Resolution 2015-xx 4. Approval for GASB 67 & 68 Valuation Actuarial Services Contract 5. Wildflower at Lake Elmo – Approve Release of Grading Security per the Site Grading Agreement. Resolution 2015-83 6. Eagle Point Boulevard Street Improvements - Change Order No. 2 J. Other Consent Agenda 7. Receive Engineering Report 8. Receive Building Department Report 9. Approve Massage License Renewals 10. Motion to Request Being Added to the County CIP for 2017 (Pearson/Weis request) 11. Reassignment of Inwood Development Contracts K. Regular Agenda 12. 2016 Street Improvements – Improvement Hearing. Order Preparation of Plans and Specifications. PUBLIC HEARING. Resolution 2015-82 13. Hammes Plat Extension 14. RFP Request from Parks Commission for Ballpark Redesign 15. Building Department Truck 16. OP Ordinance Development Discussion (Fliflet request) 17. Parliamentarian Discussion (Fliflet request) 18. RFP Process for Engineering and Legal Contracts (Fliflet request) 19. Interim City Administrator Contract 20. Proforma Update L. Staff Reports and Announcements M. 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 OCTOBER 20, 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: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, and City Clerk Johnson. B. PLEDGE OF ALLIGENCE C. APPROVAL OF AGENDA Item 8 was moved from the Consent Agenda to the Regular Agenda. Brief discussion held concerning a resident request to add an item to the Consent Agenda. Councilmember Bloyer asked to add Censure Remarks to the agenda before item G. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 – 0. D. ACCEPT MINUTES Mayor Pearson, seconded by Councilmember Fliflet, moved TO APPROVE THE SEPTEMBER 15, 2015 AND OCTOBER 6, 2015 MINUTES AS AMENDED. MOTION PASSED 5 – 0. COUNCIL REPORTS Mayor Pearson: Attended Volksmarch and thanked staff, Lake Elmo Rotary and Lions Club for their support. Spoke with Ginny Holder, Cable Commission representative, attended the Parks Commission meeting and reported to the Council on action taken at the meeting. Noted that the Public Safety Committee presented information on a single fire station concept at the Council workshop on October 13th and requested staff add that to the November 4th agenda. Attended a forum with the Mayor of Oakdale and other Mayors and a Gateway Corridor meeting. Thanked Community Development Director Kyle Klatt for his dedicated and loyal service to the taxpayers of Lake Elmo. Councilmember Fliflet: Attended Finance Committee meeting, Library Board Meeting and Council workshop. Councilmember Smith: Attended the Finance Committee meeting. Councilmember Bloyer: Thanked citizens for their overwhelming support in response to the Council censure. Commended Kyle Klatt for his professionalism in his service to the City as Community Development Director. Councilmember Lundgren: Attended the City Council workshop, Fire Relief meeting, spoke with residents still concerned over the cemetery proposal, attended the Finance Committee meeting. Thanked Kyle Klatt for his service to the City. LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Page 2 of 6 Councilmember Bloyer read a statement regarding the Council censure and provided background information on what transpired at the meeting that caused the censure. Bloyer advised the City Attorney and City Administrator that he would be contacting the State Auditor regarding the financial matters he questioned at the September 15, 2015 meeting. Councilmember Fliflet, seconded by Councilmember Smith, moved IF COUNCILMEMBER BLOYER WANTS TO MAKE COMMENTS, HE CAN SUBMIT WRITTEN COMMENTS AHEAD OF TIME TO BE READ. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay) PUBLIC COMMENT Mike Reeves, 11075 14th Street N., expressed concern over negative newspaper articles regarding the City and concern for City staff. Mr. Reeves also recognized Kyle Klatt for his service to the City. Justin Bloyer, 8881 Jane Road N., asked to speak as a citizen. Meeting recessed for discussion with the City Attorney. Meeting reconvened and the City Attorney reported that Councilmember Bloyer would prepare a statement for the next Council Meeting to be read after City Attorney review. Ed Gorman, 11011 Stillwater Blvd., stated concerns over the water and sewer fund projections and large SAC charges that will be assessed against his business property. Dale Dorschner, 3150 Lake Elmo Ave., asked about the employee complaint process. FINANCE CONSENT AGENDA Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5 – 0. CONSENT AGENDA Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5 – 0. ITEM 8: MANNING AVENUE PHASE I MUNICIPAL CONSENT Frank Ticknor presented the Phase I plan of the Manning Avenue project, noting specific areas included in the plan and improvements that will included in the area around the intersection of Manning Avenue and 10th Street, and Oak Land Jr. High School. Discussion was held concerning the need for curb and gutter in areas of the project. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIVIDE THE ISSUE INTO THREE PARTS. MOTION PASSED 5 – 0. Mayor Pearson, seconded by Councilmember Lundgren, moved TOAPPROVE $12,610 FOR 55% SHARE OF RIGHT OF WAY ACQUISITION IN THE NORTHWEST SECTION. MOTION PASSED 5 – 0. LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Page 3 of 6 Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE A 6 INCH CONCRETE WALK AT A COST OF $4,040 FOR A PEDESTRIAN RAMP AND A 3 INCH BITUMINOUS WALK AT A COST OF $9,160. MOTION PASSED 4 - 1. (Pearson – Nay) Discussion was held concerning potential cost sharing with the school district on part of the trail costs. Staff was directed to continue to negotiate with the school district for cost sharing on the trail portion of the project. Councilmember Bloyer, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2015-81 APPROVING COUNTY STATE AID HIGHWAY (MANNING AVENUE) PHASE 1 IMPROVEMENTS WITHIN MUNICIPAL CORPORATE LIMITS. MOTION PASSED 5 – 0. ITEM 9: LAKE ELMO AIRPORT REALIGNMENT Interim Administrator Schroeder reported that Councilmember Smith is requesting the City Council consider a resolution concerning the Lake Elmo Airport that is similar to resolutions passed by Baytown and West Lakeland. Councilmember Smith stated that the City considered a similar airport expansion in 2006 and it was determined it was not in the City’s best interest at that time. Discussion held concerning the airport expansion and noise impact to Lake Elmo residents. Councilmember Smith indicated she would continue further discussions with Metropolitan Airport Commission and City staff. Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE THE ITEM UNTIL A FUTURE DATE. MOTION PASSED 5 – 0. ITEM 10: HAMMES PLAT EXTENSION Interim Administrator Schroeder reviewed the history of the site and status of the plat recording. Schroeder reported that staff recommended an additional condition be added that requires any special assessments due to be paid prior to recording the plat. Councilmember Fliflet asked about the status of the Developer’s Agreement. Staff reported that the Developer’s Agreement was approved by resolution of the City Council but was not executed. Applicant Elenanor Hammes explained the cause of the delays and noted that she is concerned she could lose the property to foreclosure if the project is delayed further. Discussion held concerning litigation against the property, moratorium in place, and financial implications for the City. Councilmembers Fliflet and Lundgren indicated the Council needs more time to look through additional information requested to assess financial impacts to the City. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO TABLE FOR ADDITIONAL TIME TO GATHER FINANCIAL INFORMATION. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay) ITEM 11: PRACTICE FOR ADDING COMMITTEE/COMMISSION MEMBERS LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Page 4 of 6 Interim Administrator Schroder reported on research and information received from the League of Minnesota Cities regarding appointment of committee and commission members and asked Council for direction on the City’s policy. Councilmember Fliflet, seconded by Councilmember Lundgren, moved ALL COMMITTEE/COMMISSION MEMBERS SHALL BE APPOINTED BY THE CITY COUNCIL WITHOUT COMMITTEE/COMMISSION REVIEW. MOTION PASSED 5 – 0. ITEM 12: HUMAN RESOURCES COMMITTEE APPLICATIONS Interim Administrator Schroeder reported that two applications have been received for the Human Resources Committee and recommended appointment of Teresa Barry given her HR experience. Discussion held concerning appointment process and qualifications of committee members. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPOINT TERESA BARRY TO THE HUMAN RESOURCES COMMITTEE. MOTION PASSED 3 – 1 – 1. (Pearson – Nay, Bloyer – Abstain) Mayor Pearson stated he was unable to speak with Ms. Barry prior to the meeting and appreciates her application but would be more comfortable appointing her after speaking with her. ITEM 13: PLANNING COMMISSION APPLICATION Councilmembers discussed interviewing all applicants for commission vacancies, regardless of the applicant’s past experience with the City. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO BRING SUSAN DUNN IN FOR AN INTERVIEW WITH THE CITY COUNCIL FOR APPOINTMENT TO THE PLANNING COMMISSION. MOTION PASSED 5 – 0. ITEM 14: COMMUNITY DEVELOPMENT DIRECTOR POSITION VACANCY Interim Administrator Schroeder presented information requested by the Council related to the Community Development Director vacancy. Discussion was held concerning the job description of the current Community Development Director and a hiring salary range. Dale Dorschner, 3150 Lake Elmo Avenue, stated that the City had a very knowledgeable person and needs a Community Development Director with experience in smart growth and fast growth and the political fortitude to withstand the current city atmosphere. Mayor Pearson moved STAFF ADVERTISE TO FILL THE COMMUNITY DEVELOPMENT DIRECTOR POSITION WITH THE SALARY RANGE SUGGESTED AND WITH THE SKILLS IDENTIFIED. MOTION FAILED FOR LACK OF A SECOND. LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Page 5 of 6 Interim Administrator Schroeder stated he would develop a job description and submit it to the City Council for review and comment. ITEM 15: PROFORMA UPDATE Interim Administrator Schroeder read the Council packet memo outlining the background development of the proforma projection model and proposal to move from the current spreadsheet to a software package to simplify the process. Councilmember Bloyer stated concerns with mathematical errors in the spreadsheet model. Councilmember Bloyer moved TO HIRE A THIRD PARTY TO HELP WORK THROUGH THE PROFORMA. MOTION FAILED FOR LACK OF A SECOND. Councilmember Bloyer presented a spreadsheet for review and questioned information provided in the proforma sewer fund, expressing concern that accurate information be used when setting up new software. Staff indicated they would look into Councilmember Bloyer’s questions and provide additional information. Wally Nelson, 4582 Lilac Avenue, asked the Council to send the proforma to a third party for review and stated the censure of Councilmember Bloyer should be lifted. Barry Weeks, 3647 Lake Elmo Avenue, asked the council to consider having an auditor look at the proforma and WAC/SAC numbers. ITEM 16: LAKE ELMO WATER RATE REDUCTION ANALYSIS Councilmember Fliflet stated that the City’s water rates are high and questioned if they could be reduced. Finance Director Bendel stated that the sewer rates could be reviewed as well. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO DIRECT THE FINANCE COMMITTEE TO FURTHER REVIEW AND PROVIDE TO THE CITY COUNCIL THEIR RECOMMENDATION TO THE POSSIBILITY OF REDUCING THE WATER RATES, PROPOSED OPTIONS FO RCHANGE AND THE TIMING OF THE PROPOSED CHANGES. MOTION PASSED 5 – 0. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Received lease information for a building department truck, provided an update on the Arts Center, attended Gateway Corridor meeting, held cell tower discussions with two agencies, coordinating with LMC to meet with the Council and staff to form a policy group, attended Washington County transportation meeting, met with the Stillwater City Administrator, worked on landscape plan reviews, reminded residents how to subscribe to the FRESH email newsletter, and reported that Easton Village stormwater pond construction will start soon and may produce a large volume of truck traffic downtown. City Clerk Johnson: Reminded the public that the next meeting will be held on Wednesday November 4th versus Tuesday, November 3rd, due to the special election being held on the 3rd. The City will operate one consolidated polling place on election day and Washington County is handling absentee voting. Reported on position opening for an Office Administrative Assistant. LAKE ELMO CITY COUNCIL MINUTES October 20, 2015 Page 6 of 6 Finance Director Bendel: Stormwater assessments have been filed after approximately half of the property owners on the original list, working on budget updates from meetings held and street assessments. City Attorney Snyder: Working on issues concerning Easton Village, Wildflower recorded documents, assisting staff with general matters, Verizon application, Ryland and 5th Street landscaping, 39th Street office park and a collection matter for the library. Clarified that the League of Minnesota Cities did not contact the City; the City contacted the League to work to improve City Council communication. City Engineer Griffin: Working on the 2016 street improvement project for the next City Council meeting and holding neighborhood meetings for each portion on Tuesday, October 27th. Holding an open house at Christ Lutheran Church for the county project on Olson and Ideal Avenue and will soon have a completed sewer line from 39th Street to Reid Park. Meeting adjourned at 11:01 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: November 4, 2015 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $125,293.79 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: $125,293.79 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $125,293.79. 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] November 4, 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 $ 11,850.37 Payroll Taxes to IRS & MN Dept of Revenue 10/29/15 ACH $ 5,823.33 Payroll Retirement to PERA 10/29/15 DD6732-DD6753 $ 29,234.49 Payroll Dated (Direct Deposits) 10/29/15 43497-43566 $ 78,385.60 Accounts Payable 11/04/15 TOTAL $ 125,293.79 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 $125,293.79. ATTACHMENTS: 1. Accounts Payable – check registers MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT RESOLUTION #2015-83 ITEM: #3 AGENDA ITEM: Approve Assessment Agreement for 404 Lake Elmo Avenue SUBMITTED BY: Julie Johnson, City Clerk and Cathy Bendel, Finance Director THROUGH: Julie Johnson, City Clerk and Cathy Bendel, Finance Director REVIEWED BY: Julie Johnson, City Clerk and Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item ........................................................................................... City Clerk - Report/Presentation ........................................................ City Clerk and Finance Director - 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 FINANCIAL IMPACT: $6,000 to be financed via assessment over 15 years at 4.61% BACKGROUND AND STAFF REPORT: The City Assessment policy provides an option to existing residents to finance the water and availability charges in cases when choosing to connect to new water or sewer services. All other fees are due at the time of permit. The owners of 404 Lake Elmo Avenue N are requesting that they be allowed to finance the $3,000 water access fee and the $3,000 sewer access fee at the rate of 4.61% (bond rate of 2.61% + 2% per the City assessment agreement) . If approved, the City Attorney and City Clerk will execute the attached draft assessment agreement. RECOMMENDATIONS: Approve entering into an assessment agreement with the owners of 404 Lake Elmo Avenue N (Gary and Teresa Kanne) for $6,000; $3,000 water access fee and $3,000 sewer access fee. ATTACHMENTS: 1. Request from resident dated October 14, 2015. 2. Draft Assessment Agreement 3. Resolution #2015-83 Resolution 2015-83 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2015-83 RESOLUTION AUTHORIZING CERTIFICATION TO THE WASHINGTON COUNTY AUDITOR FOR WATER AND SEWER ACCESS FEES WHEREAS, the City of Lake Elmo Special Assessment policy allows for existing residents to finance utility access fees via special assessment; WHEREAS, the owners of parcel 36.029.21.32.0007 have requested to be allowed to have $3,000 in water access fees and $3,000 in sewer access fees financed via special assessment for collection with taxes payable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1. The request by the owners of parcel 36.029.21.32.0007 is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable beginning in 2016. 2. The certified amount of $6,000 shall be payable over a period of 15 years, with interest of 4.61%. 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. ADOPTED, by the Lake Elmo City Council on the 4th day of November, 2015. By: __________________________ Mike Pearson Mayor ATTEST: ________________________________ Julie Johnson City Clerk ───────────────────────────────────────────────────────R Return To: David K. Snyder, Esq. JOHNSON / TURNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ASSESSMENT AGREEMENT THIS AGREEMENT, made and entered into this _____ day of November, 2015, by and between the City of Lake Elmo, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and Gary D. and Teresa D. Kanne, (hereinafter referred to as "Applicant"). WITNESS: WHEREAS, the City Council of the City has, by Resolution on November 4, 2015, approved a request to connect their property at 404 Lake Elmo Avenue North to the City’s water and sewer system; and WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: 2 1. Assessment Amount. Upon execution of this Agreement, Applicant shall pay to the City the sum of $6,000.00, to be assessed against the Property. The terms of the assessment shall be as follows: The assessment amount of $6,000.00 shall be payable over a period of fifteen (15) years, with 4.61% interest applied. The balance of the assessment amount shall be paid in full before any transfer of part or all of the property. The assessments shall represent ____% of the total cost of the improvements. 2. Lien Upon Property. The assessment shall be a lien upon the Property from the date of a resolution of the City Council adopting the assessment. 3. Warranty of Title. Applicant warrants and represents to the City that they are the fee owner(s) of the Subject Parcel described herein and that they have authority to execute this Assessment Agreement and agree to the conditions hereof. 4. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the lands described herein, and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subject property, and shall be deemed covenants running with the land. Reference herein to the Applicant, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers, the cost of said recording shall be borne by the Applicant and charged against the escrow account. 5. Notices. Any notice or other communication that either party wishes or must give to the other shall be deemed duly given: (i) on the date of personal delivery or (ii) two (2) days following mailing by certified mail, postage prepaid, return receipt requested, to the following 3 addresses of the parties or to such other address as either party shall designate to the other: City of Lake Elmo: Julie Johnson, City Clerk City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 Applicant: Gary & Teresa Kanne 404 Lake Elmo Avenue N. Lake Elmo, MN 55042 6. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. 7. Entire Agreement. This Agreement sets forth the entire agreement of the parties hereto and supersedes all prior agreements and understandings between the parties with respect to the matters contained herein. 8. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term herein shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by a duly authorized representative thereof and specifying with particularity the extent and nature of such amendment, modification and waiver. 9. Waiver of Rights to Appeal. Applicant expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner’s property is excessive, together with all rights to appeal in the courts, including those appeal rights arising under Minn. Const. art. X, § 1 and Minn. Stat. § 429.011 et. seq. IN WITNESS WHEREOF, the City and Applicant have caused this Agreement to be duly executed on the day and year first above written. 4 APPLICANT _________________________________ Gary D. Kanne _________________________________ Teresa D. Kanne STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _____ day of _________________, 2015, before me, a Notary Public, within and for said County and State, personally appeared Gary D. Kanne and Teresa D. Kanne, husband and wife, to me personally known, who, being duly sworn, acknowledged said instrument to be his/her/their free act and deed. _________________________________ SIGNATURE OF NOTARY PUBLIC OFFICIAL SEAL OF NOTARY PUBLIC 5 CITY OF LAKE ELMO By: _________________________ By: ___________________________ Its: Mayor Its: Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of_______________, 2015, by Mike Pearson, the Mayor of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of said City with full authority so to do. _________________________________ SIGNATURE OF NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of_______________, 2015, by Julie Johnson, the Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of said City with full authority so to do. _________________________________ SIGNATURE OF NOTARY PUBLIC OFFICIAL SEAL OF NOTARY PUBLIC OFFICIAL SEAL OF NOTARY PUBLIC 6 DRAFTED BY: David K. Snyder, Esq. JOHNSON / TURNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 1 EXHIBIT A (Parcel A) Page 5 of 5 EXHIBIT B (Parcel B) October 14,2015 1rc: City of Lake Etmo From: Gary & Teresa ihnne RE: 404 Lake ElmoAvenue North Water and Sewer Connection We request connection to city water and sewer services at the above referenced address. We understand that the fees to connect witt be as fottows: Water access/avaitabil,ity fee: 53,000 Water connection fee: 51,000 Sewer access/avaitabitity fee (city): 53,000 Sewer connection fee (city): S,l,000 Sewer access/avaitabitity fee (Met Council): 52,485 Water lrteter: 5350 Total: 510,835 Of the 510,835 we understand that 54,835 (water connection, sewer connection, Met Council sewer access & water meter) is due at the time of the permit and the remaining 56,000 can be assessed to the property. The assessment woutd be payabte over a term of 15 years with interest at 4.61%. Ptease draft an Assessment Agreement for our review and signature as sfi)n as possible. Teresa D. Kanne MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT ITEM: #4 AGENDA ITEM: Approval for GASB 67 and 68 Valuation – Actuarial Services Contract SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Steve Rutkowski, Lake Elmo Fire Relief President SUGGESTED ORDER OF BUSINESS: - Introduction of Item ................................................................................ Finance Director - Report/Presentation ................................................................................ Finance Director - 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 FINANCIAL IMPACT: 2015 = No impact to General Fund; Future years TBD. BACKGROUND AND STAFF REPORT: In 2014, a new GASB requirement was put into place requiring an actuarial study to be done on the Fire Relief pension funds. This new requirement was effective 1/1/2015 and a full study is required every two years, with a partial study required in the off year. In order for the City to receive a clean audit opinion, this actuarial study will need to be done each year beginning with 2015. The City Auditors, Smith and Shafer, provided cost information based on other Cities they work with. The costs ranged from $2,500-$4,800 for the full study and $500-$1,500 for the off year study. At the October 5, 2015 Fire Relief meeting, Finance Director Bendel presented this information to the Fire Relief Board and proposed that in the years where the Fire Relief receives supplemental state aid funds from the State, above the annual base state aid, that the Fire Relief would fund this cost. In the years where supplemental funds are not received, there would be a follow up discussion as to the specific funding. This is how many other Cities are handling the funding. Finance Director Bendel specifically recommended Hildi, Inc. as their cost range was the lowest; $2,500 - $3,000 for the full year and $500-$1,500 for the off year. The Fire Relief Board unanimously agreed that this was a fair and reasonable approach and directed the Finance Director to obtain a specific quote from Hildi, Inc. and to move forward with scheduling the study for 2015. Since the Fire Relief received $11,434.03 in supplemental aid in September 2015, the Fire Relief will be funding of the 2015 Actuarial study. RECOMMENDATIONS: Approve entering into a contract with Hildi, Inc to provide an actuarial study of the Fire Relief pension fund beginning in 2015 at a cost of $2,400.00 to be paid for by the Lake Elmo Fire Relief. ATTACHMENTS: 1. Actuarial Services Proposal/Overview from Hildi, Inc. 2. Agreement for Consulting Services from Hildi, Inc. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: November 4, 2015 CONSENT ITEM # 5 AGENDA ITEM: Wildflower at Lake Elmo – Approve Release of Grading Security SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Kyle Klatt, Community Development Director Chad Isakson, Project Manager 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: Community Development/Engineering/Finance. FISCAL IMPACT: None. Release of the grading security is in accordance with the approved Development Contract. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the release of the grading security for the Wildflower at Lake Elmo subdivision. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve the release of the grading security Letter of Credit #996 dated May 13, 2015, for the Wildflower at Lake Elmo subdivision in the amount of $116,000”. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In accordance with the Wildflower at Lake Elmo 1st Addition Development Contract dated August 27, 2015, the developer has provided written request for the release of the grading City Council Meeting [Consent Agenda Item X] November 4, 2015 -- page 2 -- security in the full amount of $116,000. The grading work has been reviewed, including all corrective work and punch list items, and all record grading plans have been received and approved by the City Engineering department. Furthermore, the Finance Director has indicated that all financial obligations to date by the developer to the City have been satisfied. RECOMMENDATION: Staff is recommending that the City Council approve the release of the grading security for the Wildflower at Lake Elmo subdivision. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve the release of the grading security Letter of Credit #996 dated May 13, 2015, for the Wildflower at Lake Elmo subdivision in the amount of $116,000”. ATTACHMENT(S): 1. Engineer’s Letter Approving the Release of Grading Security for the Wildflower at Lake 1st Addition. 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org October 29, 2015 Mr. Robert Engstrom Robert Engstrom Companies 4801 West 81st Street, Suite 101 Minneapolis, MN 55437 Re: Wildflower at Lake Elmo Release of Grading Security Dear Mr. Engstrom: We have reviewed your request dated October 29, 2015, for a release of the grading security for the Wildflower at Lake Elmo subdivision. In accordance with Section 35.A. of the Wildflower at Lake Elmo 1st Addition Development Contract, the grading security amount of $116,000 may be released in full. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, John (Jack) W. Griffin, P.E. City Engineer cc: Clark Shroeder, Interim City Administrator Cathy Bendel, Finance Director Kyle Klatt, Community Development Director MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: November 4, 2015 CONSENT ITEM # 6 AGENDA ITEM: Eagle Point Boulevard Street and Utility Improvements – Change Order No. 2 SUBMITTED BY: Ryan Stempski, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Jack Griffin, City Engineer 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. This change order only impacts the Contract substantial completion date for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the Consent Agenda, Change Order No. 2 for the Eagle Point Boulevard Street & Utility Improvements, thereby extending the Contract Times for Substantial Completion by 22 days. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 2 for the Eagle Point Boulevard Street & Utility Improvements Project”. City Council Meeting [Consent Agenda Item 6] November 4, 2015 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order extends the contract times for substantial completion by 22 days from October 15, 2015 to November 6, 2015. The time extension for substantial completion is being requested by the Contractor due to rain days and delays caused by other work in the area including private utility relocations and private irrigation systems. With approval of Change Order No. 2, the revised Substantial Completion date will be November 6, 2015. RECOMMENDATION: Staff is recommending that the City Council approve Change Order No. 2 for the Eagle Point Boulevard Street & Utility Improvements, thereby extending the Contract Times for Substantial Completion by 22 days. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 2 for the Eagle Point Boulevard Street & Utility Improvements Project”. ATTACHMENT(S): 1. Change Order No. 2. MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT ITEM #: 7 AGENDA ITEM: Retaining wall for Lions Park SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates SUMMARY AND ACTION REQUESTED: Change order to downtown phase one project BACKGROUND AND STAFF REPORT: As part of the Laverne Street/sewer/storm water project phase one a trail was added between the street and the ballfield. Due to this addition of a trail, the elevation of the ground next to the bleachers and the trail is no longer gradual ( see pictures below). A retaining wall needs to be put in before the trail can be paved. If not for the retaining wall, the pavement would be compromised after the first hard rain. The construction contractor is hoping to pave the street and the trail within the next 10 days. The overall cost should be roughly $11,000 to $13,000 based on what you include. Due to height and safety considerations, a railing/fence of some sort will need to be added in the spring so people don’t step off the wall. This is an email to SEH detailing some of the cost for the wall. From: "Keith Herman" <keith@npainc.net> Date: October 29, 2015 at 3:26:43 PM CDT To: "Jeff Thene" <jthene@sehinc.com> Cc: kepeterson@sehinc.com, "Chad Isakson" <chad.isakson@focusengineeringinc.com>, frank.ticknor@co.washington.mn.us, "'Brent Jensen'" <brent@npainc.net> Subject: Ball Field Retaining Wall Jeff, Here is pricing for a “field fit” retaining wall at the ball field, pricing does not include any fencing or railing. Let me know if we are to move forward with this, Great Northern is ready at any time. Thanks! Retaining Wall (Approx. 300 SF): $35.00/SF ‐ Price includes excavation, class 5, block, 12” drain rock, installation & backfill with onsite materials. Square Footage pay price to include the base (buried) block. Concrete Slab Removal: $5.65/SY – (Same unit price as in the proposal for Remove Concrete Driveway Pavement) Remove Player’s Bench: $400.00 (Reinstall & Slab by others) Move Bleachers: $250.00 (Relocate to left field foul ball territory, Reinstall & Slab by others) MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: November 4, 2015 CONSENT ITEM 8 MOTION AGENDA ITEM: Valuation, Permits, & Inspections Report. SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Clark Schroeder, City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff .............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion ..................................................................... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the Permit & Inspection report through September, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda. 1st Attachment- Valuation report 2013, 2014, & 2015 year to date. 2nd Attachment- Inspection summary 2014, 2015 year to date. 3rd Attachment Complaints stats LEGISLATIVE HISTORY/BACKGROUND INFORMATION: NA RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the Permit and Inspection report through September, 2015. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: November 4, 2015 CONSENT ITEM # 9 AGENDA ITEM: Approval of Massage Therapy License Renewals SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, Interim Administrator REVIEWED BY: Dave Snyder, City Attorney POLICY RECOMMENDER: City Staff SUMMARY AND ACTION REQUESTED: The City has received four Massage Therapy License Renewal Forms. Staff is requesting approval of three applications: Renew & Recover Massage Therapy, Body & Soul, Inc. and Jennifer Mertes. The fourth application, from Nirvana Massage and Spa, has been reviewed by the City Attorney and the City has granted itself an additional 60 days to consider that application. It is anticipated that the Nirvana application will come before the Council at a later date for consideration. LEGISLATIVE HISTORY: The City of Lake Elmo instituted a city license structure in December of 2012 in order to better regulate the practice of therapeutic massage in Lake Elmo. Licenses are subject to renewal each year. RECOMMENDATION: If removed from consent, staff recommends the following motion: “Move to approve Massage Therapy License renewals for Renew & Recover Massage Therapy, Body & Soul and Jennifer Mertes as presented.” MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT ITEM #: 10 AGENDA ITEM: Request to add Lake Elmo Trails to Washington County CIP SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Shane Weis SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT MOVE TO ASK WASHINGTON COUNTY TO ADD LAKE ELMO TRAILS TO THEIR 2016-2020 CIP SUMMARY AND ACTION REQUESTED: Lake Elmo Parks commission is requesting that a proposed Trail along County 14 be added to the 2016-2020 Washington County CIP. BACKGROUND AND STAFF REPORT: Washington County will be developing a Master Plan for a North-South trail that would go from I-94 to Highway 36. This is a leg of the north south trail eventually leading from Cottage Grove to Big Marine Park. It has yet to be determined where that trail would be within Lake Elmo. It could be on Manning, along Lake Elmo Ave, or through the Lake Elmo Park Preserve. They will be bringing on a consultant to analyze the different routes and present to the County where they should put in a N/S route. There has been discussion at the city level of advocating for an east- west route along the new County Road 14. This trail could connect Oakdale to a north trail going up to Stillwater. Any decision on an E/W trail would need to wait until the N/S route has been determined and adopted by the county. Supplement trails can only be analyzed after the N/S route has been nailed down as these trails would feed into it. The master plan process should begin in the spring of 2016. The city of Lake Elmo is requesting that Washington County add an east-west trail to their 2016-2020 CIP in order to help citizens of Washington County traverse across the county Following is the notice from the County for accepting public comments concerning their 2016-2020 CIP. As part of its annual budget process, Washington County prepares a five-year Capital Improvement Plan (CIP). The CIP includes the county’s tentative plans for roads, bridges, parks, land, trails, and public facilities. The first year of this plan will be included in the county’s 2016 budget. The “out-years” reflect projected needs and estimated costs, which may change based on future priorities and funding opportunities. For instance, while there are projects included within the CIP reflecting bond proceeds as a possible funding source, the County Board has not yet determined a formal bonding plan. Projects will be reevaluated at the appropriate time, and may change based on the outcomes of an approved bonding plan. Projects that were budgeted in 2015, or prior to, and are not yet completed, are not reflected in the draft 2016-2020 CIP. Funding for these projects have been set aside, and therefore, aren’t reflected in future years’ CIP documents. To review this year’s CIP document, please click on the following link: Washington County DRAFT 2016-2019 CIP Comments must be received by November 20th, 2015 to be considered when developing the final CIP. A public hearing will also be held on December 15, 2015 prior to adopting the final document RECOMMENDATION: If removed from the consent agenda “Move to direct Washington County to add an East-West trail within Lake Elmo to their 2016-2020 CIP” ATTACHMENT(S): MAYOR AND COUNCIL COMMUNICATION DATE: 11/4/15 CONSENT ITEM #: 11 AGENDA ITEM: Reassignment of Inwood development contract SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Dave Snyder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT: NO POLICY BEING DECIDED SUMMARY AND ACTION REQUESTED: Hans Hagen Homes, Inc., a Minnesota corporation (“Hagen”) is the developer under that certain Development Contract dated June 9, 2015 by and between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and Hagen (the “Public Sewer and Water Contract”), and that certain Development Contract by and between the City and Hagen (the “Site Grading Contract”, and collectively with the Public Sewer and Water Contract, the “Development Contracts”), both of which relate to the development of certain real property located in the County of Washington, State of Minnesota, and as more particularly described in the Development Contracts. Hagen is considering the transfer and sale of substantially all of its assets (the “Asset Sale”), including its rights under the Development Contracts, to M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limited liability company (“M/I”), which is an affiliate of M/I Homes, Inc., a public homebuilding company. BACKGROUND AND STAFF REPORT: With the reassignment there needs to be a determination of cash escrow that would transfer in this sale from Hans Hagen to M/I homes. Due to the limited amount of time to prepare this document staff have not completed the exact amount which will be left to transfer. This amount will be filled in after consulting with Planning, Finance, and Engineering. RECOMMENDATION: Staff recommends the City Council … take the following action / with the following motion: “Move to reassign development contracts from Hans Hagen Homes to M/L Homes, LLC.” ATTACHMENT(S): Reassignment contract and Letter from Hans Hagen Home 1 CONSENT AND ESTOPPEL REGARDING DEVELOPMENT CONTRACTS INWOOD Hans Hagen Homes, Inc., a Minnesota corporation (“Hagen”) is the developer under that certain Development Contract dated June 9, 2015 by and between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and Hagen (the “Public Sewer and Water Contract”), and that certain Development Contract dated ______________, 2015 by and between the City and Hagen (the “Site Grading Contract”, and collectively with the Public Sewer and Water Contract, the “Development Contracts”), both of which relate to the development of certain real property located in the County of Washington, State of Minnesota, and as more particularly described in the Development Contracts. Hagen is considering the transfer and sale of substantially all of its assets (the “Asset Sale”), including its rights under the Development Contracts, to M/I Homes of Minneapolis/St. Paul, LLC, a Delaware limited liability company (“M/I”), which is an affiliate of M/I Homes, Inc., a public homebuilding company. By its execution of this Consent and Estoppel Regarding Development Contracts (“Estoppel”), the City hereby represents, warrants, consents, and agrees to the following: 1. The Development Contracts are presently in full force and effect according to their terms. 2. As of the date of this Estoppel, the cash escrows held by the City pursuant to the terms of the Development Contracts are as follows: a. $__________ for the Public Sewer and Water Contract; and b. $__________ for the Site Grading Contract. 3. To the actual knowledge of the City, and with no duty of the City to investigate or make further inquiries, Hagen is not in default under the Development Contracts nor has any event occurred that with the giving of notice or passage of time would constitute a default under the Development Contracts. 4. Upon closing of the Asset Sale, and in consideration of M/I’s assumption of Hagen’s obligations under the Development Contracts to be performed after the Asset Sale, the City (i) consents to the assignment of the Development Contracts, and (ii) agrees that M/I may enjoy the rights, benefits and obligations of Hagen under the Development Contracts. 5. The individuals signing below are duly authorized to sign this Estoppel on behalf of the City. [Signature Page to Follow] 2 CITY OF LAKE ELMO, a Minnesota municipal corporation: By: Printed Name: Date: By: Printed Name: Date: MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: November 4, 2015 REGULAR ITEM 12 AGENDA ITEM: 2016 Street, Drainage & Utility Improvements – Public Improvement Hearing; Resolution Ordering the Improvement and the Preparation of Plans and Specifications; Motion to Approve Engineering Design and Construction Support Services Contract SUBMITTED BY: Ryan Stempski, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Julie Johnson, City Clerk Cathy Bendel, Finance Director Jack Griffin, City Engineer SUGGESTED ORDER OF BUSINESS: - Introduction of Item ...................................................................... City Engineer - Report/Presentation ................................................................... Project Engineer - Questions from Council to Staff ............................................. Mayor Facilitates - Open Public Improvement Hearing; Public Input .................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: Cost for preparation of plans and specifications and bidding services to be presented at the City Council Meeting. The 2016 Street, Drainage and Utility Improvements is an estimated $1,409,000 infrastructure project that will be partially assessed against the benefitting properties consistent with the City’s Special Assessment Policy. The project is funded through the issuance of general obligation bonds and special assessments. Ordering the Improvements and authorizing the preparation of plans and specifications commits the City to incur the engineering costs necessary to complete detailed design and receive City Council Meeting [Regular Agenda Item 12] November 4, 2015 -- page 2 -- contractor bids to ready the project for construction in 2016. The council will be asked to award a contract for construction in April 2016, at which time the City would be asked to commit to the remaining project costs. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to open the Public Improvement Hearing for the 2016 Street, Drainage and Utility Improvements; and following the Hearing, consider adopting Resolution No. 2015-XX Ordering the Improvement and the Preparation of Plans and Specifications; and awarding a Professional Engineering Design and Construction Support Services Contract. The recommended motions for these actions are as follows: “Move to adopt Resolution No. 2015-82 Ordering the 2016 Street, Drainage and Utility Improvements and the Preparation of Plans and Specifications.” and “Move to approve a Professional Engineering Design and Construction Support Services Contract as recommended by the City Engineer.” LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Pursuant to Minnesota Statutes, Section 429.011 to 429.111, a Public Improvement Hearing was noticed for November 4, 2015, to consider making the following improvements: • Reconstruction of Kirkwood Avenue N from 50th Street to the north cul-de-sac. The improvement includes a new bituminous surface along an existing gravel roadway. • Reconstruction of Kelvin Avenue N from Old TH 5 to the north cul-de-sac. The report also recommends improvements to convert a private drive serving 8 residential properties to a public street. • Resurfacing the streets through a street reclaim within the Stonegate 1st Addition, including 9th Street N, Jasmine Avenue Place N, and Jasmine Avenue N from 10th Street to Julep Avenue. • 12-inch trunk watermain to be extended along Kelvin Avenue N from Kelvin Court to Stillwater Lane. Based upon receipt of a property owner petitions, extension of 6-inch and 8-inch lateral watermain is considered off of Kelvin Avenue N. The attached notice was published in the official newspaper and individual notifications were sent to each address that will be wholly or partially assessed for the improvements. The street improvements proposed in 2016 were identified in the City’s 5-Year Street Capital Improvement Program. Trunk watermain is to be extended along Kelvin Avenue N per the City’s 2030 Comprehensive Water System Plan. The City is also responding to petitions for municipal water in the Kelvin Avenue area. The feasibility report was adopted by the City Council on October 6, 2015. The report identifies the necessary improvements, the estimated project costs, the assessment methodology and preliminary assessment amounts to be levied against properties adjacent to and benefitting from the improvements. City Council Meeting [Regular Agenda Item 12] November 4, 2015 -- page 3 -- The improvements will be funded partially through assessments against the benefitting properties consistent with the City’s Special Assessment Policy. Assessments for street improvements are levied over 10 years. Assessments for watermain improvements are levied over 15 years. On October 27, 2015 a property owner meeting was held for each neighborhood to review the proposed scope of improvements and answer questions from property owners. To complete the engineering design, the City Engineer prepared and sent out a Request for Proposal (RFP) for the Engineering Support Services that included topographic survey, the preparation of plans and specifications; plan printing, distribution and bidding services; construction administration support to the City Engineer, and construction staking. FOCUS Engineering will provide resident and council communication, conduct public meetings, project management, coordinate the project permitting, and will provide construction administration services for the project. FOCUS will also oversee the project design standards and documents to be incorporated with the project plans and specifications. Construction observation services will be retained at a later date once the project has been bid and awarded for construction. The RFP was sent to four firms from the City’s Engineering Consultant Pool, including Bolton and Menk, MSA, SEH, and TKDA. Proposals will be received on October 30, 2015 and will be reviewed and ranked on the following basis: • Project Team Qualifications with a focus on a Project Manager capable of leading and delivering a street and utility improvement project. • Demonstrated understanding and experience with the project and understanding of the critical success factors. • Understanding the scope of work and roles and responsibilities of the Consultant. • Collaboration of skills and responsiveness demonstrated during the RFP submittal process and: • Engineering Fees, indicating a detailed breakdown that is consistent with the Consultant’s written proposal and the needs for delivery of a successful project. A presentation of the results and recommendation of a consultant will be provided at the Meeting. RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2015-82 Ordering the Improvements and the Preparation of Plans and Specifications for the 2016 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: “Move to adopt Resolution No. 2015-82 Ordering the Street, Drainage and Utility Improvements and the Preparation of Plans and Specifications.” City Council Meeting [Regular Agenda Item 12] November 4, 2015 -- page 4 -- Staff is also recommending that the City Council award a Professional Engineering Design and Construction Support Services Contract for the 2016 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: “Move to approve a Professional Engineering Design and Construction Support Services Contract as recommended by the City Engineer.” ATTACHMENT(S): 1. Resolution 2015-82 Ordering the Improvements and Preparation of Plans and Specifications.2.Notice of Hearing on Improvement. 3.Preliminary Assessment Roll.4.Location Map.5.Project Schedule. Resolution No. 2015-82 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-82 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2016 STREET, DRAINAGE & UTILITY IMPROVEMENTS WHEREAS, pursuant a resolution of the city council adopted the 6th day of October, 2015, the council ordered a hearing on Improvement for the 2016 Street, Drainage and Utility Improvements; and WHEREAS, ten days’ mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 4th day of November, 2015, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS Engineering, Inc., and dated September 2015 states that the project is necessary, cost-effective, and feasible. NOW, THEREFORE, BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated September 2015. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 4th day of November, 2015. 3. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. 4. The city engineer is hereby designated as the engineer for making this improvement. The engineer, and his consultants, shall oversee the preparation of the Plans and Specifications for the making of such improvement. 5. The city engineer shall retain the services of a consulting engineering firm to assist, where needed, to prepare Plans and Specifications for the making of such improvement and to assist the city engineer during the construction phase of the improvement as requested. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FOURTH DAY OF NOVEMBER, 2015. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO REVISED NOTICE OF HEARING ON IMPROVEMENT 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Wednesday, November 4, 2015, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The street improvements include: (1) Reconstruction of Kirkwood Avenue North from 50th Street North to the north cul-de-sac with a new bituminous surface; (2) Reconstruction of Kelvin Avenue North from Old TH 5 to the north cul-de-sac. (3) Resurfacing the street through a street reclaim within the Stonegate 1st Addition consisting of 9th Street North; Jasmine Avenue Place North; and Jasmine Avenue North from 10th Street (CSAH 10) to Julep Avenue North. The associated watermain improvements may also include the extension of municipal water service along Kelvin Avenue North. The area proposed to be assessed for the street improvements include the properties directly abutting and accessing the proposed streets along Kirkwood Avenue North, Kelvin Avenue North, 9th Street North, Jasmine Avenue Place North, and Jasmine Avenue North from 10th Street (CSAH 10) to Julep Avenue North. The area proposed to be assessed for the watermain improvements include the properties proposed to receive new water service along Kelvin Avenue North. The estimated total cost of the street improvements is $1,195,000 and the estimated total cost of the watermain improvements is $214,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting. DATED: October 6, 2015 October 21, 2015 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on October 14, 2015 and October 21, 2015) (Published in the St. Paul Pioneer Press on October 22, 2015 and October 29, 2015) PRELIMINARY PROJECT SCHEDULE CITY OF LAKE ELMO 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2015.129 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 OCTOBER 2015 August 4, 2015 Council authorizes Feasibility Report. October 6, 2015 Presentation of Feasibility Report. Council accepts Report and calls Hearing. November 4, 2015 Public Improvement Hearing. Council orders preparation of Plans and Specifications. February 16, 2016 Council approves Plans and Specifications and orders Advertisement for Bids. March 17, 2016 Receive Contractor Bids. April 5, 2016 Council accepts Bids and awards Contract. May 2, 2016 Conduct Pre‐Construction Meeting and issue Notice to Proceed. August 12, 2016 Substantial Completion. September 30, 2016 Final Completion. CITY OF LAKE ELMO, MN.SEPTEMBER 2015STREET IMPROVEMENTSKIRKWOOD AVENUE NORTHPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 MANZARA ANTHONY P & SARAH E 5050 KIRKWOOD AVE N LAKE ELMO 55042 0202921430002 13,800.00$ 2 HECTOR WAYNE M & KAREN K SCHNEIDER5110 KIRKWOOD AVE N LAKE ELMO 55042 0202921430003 13,800.00$ 3 THOMPSON CARMEN M & ROBBI 5170 KIRKWOOD AVE N LAKE ELMO 55042 0202921430004 13,800.00$ 4 KRISTENSON ALLAN J & JACQUEL5230 KIRKWOOD AVE N LAKE ELMO 55042 0202921430005 13,800.00$ 5 HESSE RICHARD D & ROSALIE M 5235 KIRKWOOD AVE N LAKE ELMO 55042 0202921420001 55,200.00$ 6 BASARA DOUGLAS J & ELIZABETH J 5300 KIRKWOOD AVE N LAKE ELMO 55042 0202921420002 13,800.00$ 7 LAATSCH JOHN M & MARY CANE LAATSCH 5760 KIRKWOOD AVE N LAKE ELMO 55042 0202921420003 13,800.00$ TOTAL 138,000.00$ ADDRESS CITY OF LAKE ELMO, MN.SEPTEMBER 2015STREET IMPROVEMENTSKELVIN AVENUE NORTHPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 COMMON GROUND CHURCH 10240 STILLWATER BLVD N LAKE ELMO 55042 1402921320024 13,400.00$ 2 FRENIER ANTOINE & ANDREA MEYER 10240 STILLWATER LN N LAKE ELMO 55042 1402921320016 5,200.00$ 3 HEDQUIST RICHARD A & PATRICI 3440 KELVIN AVE N LAKE ELMO 55042 1402921320014 5,200.00$ 4 CHRISTENSEN CYNDIE 3464 KELVIN AVE N LAKE ELMO 55042 1402921320013 5,200.00$ 5 ROGERS WILLIAM J & JUDY D 3490 KELVIN AVE N LAKE ELMO 55042 1402921320012 5,200.00$ 6 DONNA R HARSTAD TRS 3503 KELVIN AVE N LAKE ELMO 55042 1402921240002 5,200.00$ 7 DONNA R HARSTAD TRS 3503 KELVIN AVE N LAKE ELMO 55042 1402921240006 5,200.00$ 8 CHAVEZ JOSE & JOAN S 3505 KELVIN AVE N LAKE ELMO 55042 1402921240005 5,200.00$ 9 LINDER ALVERT R & JUDITH A3508 KELVIN AVE N LAKE ELMO 55042 1402921320019 5,200.00$ 10 SCHILTGREN ROBERT J TRS & MARY J HOGAN‐SCHILTGREN TR3509 KELVIN AVE N LAKE ELMO 55042 1402921240011 5,200.00$ 11 PAULSON DONALD V & PHYLLIS K3533 KELVIN AVE N LAKE ELMO 55042 1402921240007 5,200.00$ 12 KASK EARLE L & FREYA L3551 KELVIN AVE N LAKE ELMO 55042 1402921240009 5,200.00$ 13 LOOS DAVID S & WENDY 3567 KELVIN AVE N LAKE ELMO 55042 1402921240010 5,200.00$ 14 BUCHHOLTZ THEODORE & EDNA S 3597 KELVIN AVE N LAKE ELMO 55042 1402921240008 5,200.00$ 15 CURRAN PATRICK A & DIANE J 3607 KELVIN AVE N LAKE ELMO 55042 1402921240012 5,200.00$ 16 CURRAN PATRICK A & DIANE J 3607 KELVIN AVE N LAKE ELMO 55042 1402921240013 5,200.00$ 17 FRIEDERICH WILLIAM & CHRISTIN 3691 KELVIN AVE N LAKE ELMO 55042 1402921230003 5,200.00$ 18 BEAUBIEN JEANNE M 3681 KELVIN AVE N LAKE ELMO 55042 1402921240003 5,200.00$ TOTAL 101,800.00$ ADDRESS CITY OF LAKE ELMO, MN.SEPTEMBER 2015WATERMAIN IMPROVEMENTSKELVIN AVENUE NORTHPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 COMMON GROUND CHURCH 10240 STILLWATER BLVD N LAKE ELMO 55042 1402921320024 11,600.00$ 2 FRENIER ANTOINE & ANDREA MEYER 10240 STILLWATER LN N LAKE ELMO 55042 1402921320016 5,800.00$ 3 HEDQUIST RICHARD A & PATRICI 3440 KELVIN AVE N LAKE ELMO 55042 1402921320014 5,800.00$ 4 CHRISTENSEN CYNDIE 3464 KELVIN AVE N LAKE ELMO 55042 1402921320013 5,800.00$ 5 ROGERS WILLIAM J & JUDY D 3490 KELVIN AVE N LAKE ELMO 55042 1402921320012 5,800.00$ 6 LINDER ALVERT R & JUDITH A 3508 KELVIN AVE N LAKE ELMO 55042 1402921320019 5,800.00$ 7 SCHILTGREN ROBERT J TRS & MARY J HOGAN‐SCHILTGREN TR 3509 KELVIN AVE N LAKE ELMO 55042 1402921240011 5,800.00$ 8 PAULSON DONALD V & PHYLLIS K 3533 KELVIN AVE N LAKE ELMO 55042 1402921240007 12,000.00$ 9 KASK EARLE L & FREYA L 3551 KELVIN AVE N LAKE ELMO 55042 1402921240009 12,000.00$ 10 LOOS DAVID S & WENDY 3567 KELVIN AVE N LAKE ELMO 55042 1402921240010 12,000.00$ 11 BUCHHOLTZ THEODORE & EDNA S 3597 KELVIN AVE N LAKE ELMO 55042 1402921240008 12,000.00$ 12 CURRAN PATRICK A & DIANE J 3607 KELVIN AVE N LAKE ELMO 55042 1402921240012 12,000.00$ 13 DONNA R HARSTAD TRS 3503 KELVIN AVE N LAKE ELMO 55042 1402921240002 24,500.00$ 14 CHAVEZ JOSE & JOAN S 3505 KELVIN AVE N LAKE ELMO 55042 1402921240005 24,500.00$ TOTAL 155,400.00$ ADDRESS CITY OF LAKE ELMO, MN.SEPTEMBER 2015STREET IMPROVEMENTSSTONEGATE 1ST ADDITIONPRELIMINARY ASSESSMENT ROLLPAGE 1 of 1NO. NAMEPID AMOUNT1 MONTEITH CURTIS & DEBRA 331 JULEP AVE N LAKE ELMO 55042 3402921230012 6,000.00$ 2 BETZ DOUG M & AMY M 371 JULEP AVE N LAKE ELMO 55042 3402921230013 6,000.00$ 3 CITY OF LAKE ELMO 750 JASMINE AVE N LAKE ELMO 55042 3402921230002 6,000.00$ 4 HOHENWALD MARK 755 JASMINE AVE N LAKE ELMO 55042 3402921230010 6,000.00$ 5 YANG KAY 770 JASMINE AVE N LAKE ELMO 55042 3402921230005 6,000.00$ 6 PETERS PAMELA J 785 JASMINE AVE N LAKE ELMO 55042 3402921230009 6,000.00$ 7 WALLRICH TIMOTHY W & MARILEE A 790 JASMINE AVE N LAKE ELMO 55042 3402921230016 6,000.00$ 8 HENDERSON RANDALL T & GLORIA A 820 JASMINE AVE N LAKE ELMO 55042 3402921230015 6,000.00$ 9 INTIHAR KEVIN & WINDY 829 JASMINE AVE N LAKE ELMO 55042 3402921230006 6,000.00$ 10 LANCETTE MICHAEL & KATHLEEN 832 JASMINE AVE N LAKE ELMO 55042 3402921220010 6,000.00$ 11 BONFE ANTHONY W & MARY E 854 JASMINE AVE N LAKE ELMO 55042 3402921220009 6,000.00$ 12 SKARDA JAMES R & PATRICIA L 868 JASMINE AVE N LAKE ELMO 55042 3402921220008 6,000.00$ 13 JADER GARY C & RICHELLE M 974 JASMINE AVE N LAKE ELMO 55042 3402921220001 6,000.00$ 14 JOHNSON GEORGE N & MARY JAN 867 JASMINE AVE PL N LAKE ELMO 55042 3402921220011 6,000.00$ 15 LARSON SEAN D & LINDA M 871 JASMINE AVE PL N LAKE ELMO 55042 3402921230007 6,000.00$ 16 BRUNO BENJAMIN J 873 JASMINE AVE PL N LAKE ELMO 55042 3402921230008 6,000.00$ 17 JOHN M & KRISTINA W HEILI TRS 875 JASMINE AVE PL N LAKE ELMO 55042 3402921240002 6,000.00$ 18 FITZGERALD THOMAS & MARY 877 JASMINE AVE PL N LAKE ELMO 55042 3402921240001 6,000.00$ 19 OLSON ROBBI J & JILL M 881 JASMINE AVE PL N LAKE ELMO 55042 3402921210003 6,000.00$ 20 IH2 PROPERTY ILLINOIS LP 883 JASMINE AVE PL N LAKE ELMO 55042 3402921210010 6,000.00$ 21 LEARN JAMES W JR & JOAN E 887 JASMINE AVE PL N LAKE ELMO 55042 3402921210009 6,000.00$ 22 SHERRITT BRUCE C & MICHELLE M 9023 9TH ST N LAKE ELMO 55042 3402921220004 6,000.00$ 23 STADICK DANIEL P & JEANNE M 9034 9TH ST N LAKE ELMO 55042 3402921220003 6,000.00$ 24 MILNAR GREGORY B & BEVERLY B 9073 9TH ST N LAKE ELMO 55042 3402921220005 6,000.00$ 25 CHENGSENGPASEUTHAR MAIXI 9106 9TH ST N LAKE ELMO 55042 3402921220002 6,000.00$ 26 NELSON DAVID M & MARYBETH H 9123 9TH ST N LAKE ELMO 55042 3402921220006 6,000.00$ 27 TAYLOR KRISTINA J 9179 9TH ST N LAKE ELMO 55042 3402921220007 6,000.00$ 28 MONICO GINO A & PEGGI A 9251 9TH ST N LAKE ELMO 55042 3402921210008 6,000.00$ 29 ISRAELSON RONALD J & COLLEEN A 9314 9TH ST N LAKE ELMO 55042 3402921210004 6,000.00$ 30 SMORCH TERRANCE M & CAROL K9323 9TH ST N LAKE ELMO 55042 3402921210007 6,000.00$ 31 HOMMERDING JACOB G & AUTUMN P 9386 9TH ST N LAKE ELMO 55042 3402921210005 6,000.00$ 32 MEYER DALE J & GERNES‐MEYER & BERNIECE L GERNES‐ME 9391 9TH ST N LAKE ELMO 55042 3402921210006 6,000.00$ 33 MOREY DARRELL W & CHARLOTTE 2749 HENSLOW AVE OAKDALE 55128 3402921220012 6,000.00$ TOTAL 198,000.00$ ADDRESS