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HomeMy WebLinkAbout02-02-16 City Council Meeting PacketNOTICE OF MEETING City Council Meeting Tuesday, February 2, 2016 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1.December 1, 2015; December 15, 2015; January 19, 2016 D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2.Approve Payment of Disbursements 3.Lake Elmo Avenue Trunk Watermain Improvements – Change Order No. 2 4.Lake Elmo Avenue Trunk Watermain Improvements – Compensating Change Order No. 3 5.Lake Elmo Avenue Trunk Watermain Improvements – Pay Request No. 6 (FINAL) 6.Downtown Phase 1 Improvements – Approve Cooperative Agreement Payment No. 1 7.Approve Driveway Encroachment and Maintenance Agreement 8.Accept Building Safety Department Statistics Report 9.Clarification of Employment Status of City Council Members G. Regular Agenda 10.Easton Village Park 11.Inwood Booster Station Improvements – Approve Plans and Specifications; Authorize Ad for Bids 12.Old Village Phase 2: Street & Utility Improvements – Authorize Feasibility Report 13.Washington County Aquatic Invasive Species Milfoil Grant 14.Employee Wage Adjustments 15.Seasonal Building Inspector H. Council Reports I. Staff Reports and Announcements J. 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 DECEMBER 15, 2015 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. Mayor Pearson, seconded by Councilmember Bloyer, moved TO SUSPEND THE MEETING UNTIL THE PARLIAMENTARIAN ARRIVES. Motion passed 3 – 2. (Pearson, Lundgren – nay) Mayor Pearson called the meeting back to order at 7:17 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, Fire Chief Malmquist, Planner Wensman and City Clerk Johnson. APPROVAL OF AGENDA Items 7 and 24 were removed from the agenda. Items 12 and 13 were moved to the Regular Agenda. Item 25 was moved to the Consent Agenda. Item 27 was moved to the beginning of the Regular Agenda. Agenda changes were adopted by consensus. COUNCIL REPORTS Mayor Pearson: Recommended the Council consider increasing the salary ceiling for the City Administrator search; reported on feedback received that was critical of the budget process and wants a better budget process next year. Reported Library Board Member Ann Bucheck and Parks Commissioner Sarah Heitpas have both resigned and thanked them for their service. Councilmember Lundgren: Thanked Public Works for taking care of dead deer in the tri lakes area, noted lake levels are high due to rain and confirmed weirs are functioning properly. Councilmember Bloyer: Received comments from citizens regarding the budget process, noted that the Arts Center was written about in the Pioneer Press in November and still has not been cleaned up. Expressed sadness that Interim Administrator Schroeder is not applying for the City Administrator position and stated that the City needs stability. Councilmember Smith: Explained that she had to leave the previous meeting abruptly due to a family emergency. Councilmember Fliflet: Finance Committee met and made a recommendation to reduce water rates, attended Library Board Meeting, spoke with residents. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, stated that the Council meetings are argumentative and take too long. Ms. Pleban encouraged the Council to listen to each other and seek consensus. Dale Dorschner, 3150 Lake Elmo Avenue, stated that the decisions being made are putting the City at risk and asked that a copy of the budget for last three years be sent to him at his address. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Page 2 of 7 PRESENTATIONS None CONSENT AGENDA 1. Approve Payment of Disbursements 2. Authorize Certification to the Washington County Auditor – Unpaid Water Utility Bills – Resolution 2015-86 3. Accept November 2015 Financial Statements 4. Approve 2016 Liquor License Renewals: Prom Management & Elmo Liquor 5. Accept November 2015 Assessor Report 6. Accept November 2015 Building Department Report 8. Approve Eagle Point Boulevard Street Improvements – Pay Request No. 4 9. Approve CUP Amendment for Oakdale Gun Club 10. Approve 3M Tolling Agreement 11. Approve Office Administrative Assistant Hiring 14. Approve Joint Powers Agreement for Use of East Metro Public Safety Training Facility Consent Agenda adopted by consensus. REGULAR AGENDA ITEM 12: Approve Public Works Hiring Interim Administrator Schroeder explained the request to upgrade one current position from part time to full time and hire an additional full time streets worker. Mayor Pearson, seconded by Councilmember Fliflet, moved TO APPROVE HIRING OF JOE EFFINGER FULL TIME AND UPGRADE OF MIKE CORNELL FROM PART TIME TO FULL TIME. Motion passed 5 – 0. ITEM 13: Approve Reider Preliminary Plat Extension Interim Administrator Schroeder reviewed the request for a one year extension to allow additional time for the property owner to market to developers. Discussion held concerning water and sewer connection fees and property taxes the development would generate. Mayor Pearson, seconded by Councilmember Bloyer, moved TO EXTEND THE REIDER PRELIMINARY PLAT APPROVAL BY ONE YEAR. Motion passed 3 – 2 (Fliflet, Lundgren – nay) Councilmember Smith stated that although she voted against the original plat approval, she felt obligated to the property owner to extend the plat now that the property is platted. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Page 3 of 7 ITEM 27: Draft Agreement for Library Services Mayor Pearson stated he is suggesting a proposal for Lake Elmo to seek to reestablish library services with Washington County. Mayor Pearson presented a brief review of the history of the library transition from the county system to becoming a city library and added that this agreement would go to the Library Board for discussion after Council approval. Jean Olinger, 9057 Lake Jane Trail, strongly urged the Council to re-enter the county library system as soon as possible and related her experience with challenges and restrictions when using her library card at other libraries. Paul Pallmeyer, 8989 Lake Jane Trail, stated he was opposed to leaving the county system and noted limitations of the Lake Elmo Library card and expressed frustration. Barbara Miller, 9240 55th Street North, strongly urged the Council to take action to get back to a full member of the Washington County Library system, stating that electronic borrowing limitations are very frustrating. Parliamentarian Wendt read a statement submitted by Stephanie Larkin, 9280 55th Street North, in favor of rejoining the county system. County Commissioner Gary Kriesel commented on the criteria for attaining associate library status and stated that the county would likely welcome the Lake Elmo Library back into the system but not as an associate library. Mayor Pearson, seconded by Councilmember Bloyer, moved THAT THE LAKE ELMO CITY COUNCIL DIRECTS THIS DRAFT AGREEMENT BE SENT TO THE LAKE ELMO LIBRARY BOARD IN ORDER THAT THE BOARD WILL OFFER THE COUNCIL INPUT THAT ALIGNS WITH THE LELB’S MISSION STATEMENT: “THE MISSION OF THE LELB IS TO ENHANCE ACCESS TO LIBRARY SERVICES, INFORMATION AND RESOURCES FOR LAKE ELMO RESIDENTS” Councilmember Fliflet, seconded by Councilmember Smith, moved to amend the primary motion by substitution with a motion TO SUPPORT LIBRARY BOARD EFFORTS TO REENTER THE COUNTY AND MELSA SYSTEMS AND THE CITY COUNCIL SUPPORTS THE WORK THE LIBRARY BOARD HAS BEEN DOING ALL YEAR TO ACHIEVE ASSOCIATE STATUS. Councilmember Fliflet stated that she supports the work the library staff and Board have been doing all year to support reentry into the county system as an associate library as soon as possible. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADD “WITHIN THE NEXT SIX MONTHS” TO THE MOTION TO SUBSTITUTE. Motion failed (Fliflet, Lundgren, Smith – nay). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Page 4 of 7 Sarah Linder, 11108 12th Street North, spoke as current Vice President of the Library Board, state that there is a long checklist for what needs to be done to become an associate library and the Library Board would like to continue on with the process. Motion to substitute the primary motion passed 3 – 2 (Pearson, Bloyer – nay). Substitute motion passed 3 – 1 – 1 (Pearson – nay, Bloyer – abstain). Councilmember Bloyer stated he would not support the motion and stated the City should take direction from the county to avoid wasting taxpayer money pursing associate status. Mayor Pearson stated he would not support the motion and encouraged citizens to read the Library Board minutes and Strategic Plan. ITEM 15: Single Fire Station Fire Chief Malmquist presented a follow up to his October presentation and reviewed Public Safety Committee recommendations, study findings and cost for construction of fire stations in neighboring communities. Chief Malmquist also reported on staffing challenges and reviewed a financial comparison of one and two station models. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT THE LAKE ELMO FIRE DEPARTMENT TO MAPKE PREPARATIONS AND DESIGNS TO MOVE TO ONE CENTRALIZED FIRE STATION, IDENTIFY AND SECURE AN APPROPRIATE SITE FOR A FUTURE FIRE STATION/PUBLIC SAFETY BUILDING. Potential costs for a new fire station and acquiring land were discussed. Cost for needed maintenance and updates at the current fire stations was also discussed. Councilmember Smith stated she was not ready to move forward with this proposal due to current infrastructure commitments. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION BY STRIKING THE MOTION AND INSERTING “MAKE PREPARATIONS TO MOVE TO A SINGLE FIRE STATION AND IDENTIFY AN APPROPRIATE SITE. Motion failed 2 – 2 – 1 (Pearson, Bloyer – nay. Smith – abstain). Councilmember Smith, seconded by Councilmember Fliflet, moved TO AMEND THE PRIMARY MOTION TO REMOVE THE LANGUAGE AFTER “STATION”. Motion failed 2 – 3 (Pearson, Bloyer, Lundgren – nay). Primary motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). ITEM 16: Northland Securities – Approve Proforma Services Administrator Schroeder presented information on the cost for Northland Securities to produce a proforma model for the City to analyzing Enterprise Funds. Mayor Pearson, seconded by Councilmember Lundgren, moved TO POSTPONE FURTHER DISCUSSION TO A COUNCIL WORKSHOP WITH THE FINANCE COMMITTEE AND TAMMY OMDAHL . Motion passed 4 – 1 (Fliflet – nay). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Page 5 of 7 ITEM 17: Cost of Service Study for Water and Sanitary Sewer Utilities – Approve Authorization for TKDA Councilmember Fliflet, seconded by Councilmember Smith, moved TO REMOVE ITEM 17 FROM THE AGENDA. Motion failed 3 – 2 (Pearson, Bloyer – nay). City Engineer Griffin presented the proposal for TKDA to conduct a cost of service study that could be used by the City’s Finance Department for the purpose of projecting cash flows, bonding needs and evaluating user rates and charges. Councilmember Fliflet, seconded by Councilmember Smith, moved TO POSTPONE ITEM 17 TO THE SAME COUNCIL WORKSHOP AS ITEM 16. Motion passed 3 – 2 (Pearson, Bloyer – nay). ITEM 22: Ordinance Amendments to Article IX of the Zoning Ordinance – Rural Districts as it Pertains to Permitted, Conditional and Interim Uses City Planner Wensman presented the Planning Commission recommendation for changes to Article IX of the Zoning Ordinance as it pertains to secondary dwellings, cemetery, commercial stable, golf courses, restricted recreation, and agricultural sales business uses in the rural districts. Yvette Oldendorf, 5418 Lake Elmo Avenue North, asked questions about the status of the definitions, if they can be revised, and who is the arbiter. City Attorney Snyder stated that the City Council is the arbiter and if there is ambiguity in the definitions, the decision goes against the City. Councilmember Fliflet stated she was in favor of removing all the uses added in October 2013 as the discussion was not held at the Council level at that time when adding them. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE AN ORDINANCE AMENDMENT, AMENDING ARTICLE IX OF THE ZONING ORDINANCE REMOVING SECONDARY DWELLINGS, CEMETERY, COMMERCIAL KENNEL, COMMERCIAL STABLE, GOLF COURSE AND AGRICULTURAL SALES AS ALLOWABLE USES IN THE RURAL DISTRICTS. Mayor Pearson, seconded by Councilmember Bloyer, moved TO REFER THIS ISSUE BACK TO THE PLANNING COMMISSION. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). Primary motion passed 3 – 1 – 1 (Pearson – nay, Bloyer – abstain). ITEM 21: Decrease in Letter of Credit Policy Interim Administrator Schroeder reviewed the proposed policy and discussed anticipated circumstances when the policy would be used, noting that some other cities surveyed allowed staff to make determinations on security reductions. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Page 6 of 7 Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AUTHORIZE STAFF TO APPLY THE AMENDED PROVISIONS TO THE ACTIVE DEVELOPMENT PROJECTS IN THE CITY, THEREBY ALLOWING FOR SECURITY REDUCTIONS TO BE PROCESSED FOR COUNCIL APPROVAL IN ADVANCE OF WHAT IS CURRENTLY ALLOWED IN THE RESPECTIVE SIGNED DEVELOPMENT AGREEMENTS AND APPLY THEM TO AGENDA ITEMS 21a, b, c and d. Motion to amend the primary motion TO REMOVE ITEMS 21A, B, C AND D passed by consensus. Primary motion passed 5 – 0. Richard Smith stated he lives north of the Wildflower development that is not complying with the intentions of the previous security agreement. Mr. Smith stated that the promise of a new access has not been met and his driveway has been in very poor condition due to construction traffic. Bob Engstrom, Wildflower developer, addressed Mr. Smith’s concerns and assured Mr. Smith and the City Council that he would rectify the situation right away. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE A REDUCTION OF THE LETTER OF CREDIT FOR THE WILDFLOWER AT LAKE ELMO 1ST ADDITION FROM $3,440,831 DOWN TO $2,310,740 WITH A REQUIREMENT THAT MR. SMITH BE PROVIDED WITH PASSABLE INGRESS AND EGRESS. Motion passed 5 – 0. Items 21a, 21b and 21d approved by consensus. ITEM 18: Proposal to Reduce Water Rates Finance Director Bendel reviewed the City’s current water rates, noting they are high compared to neighboring communities. Bendel reported on the current number of users in the system and outlined the number of users in each rate tier, projected new users and projected volume. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE TIER MODIFICATIONS PRESENTED RELATED TO RESIDENTIAL WATER RATES FOR ADOPTION WITH THE 2016 FEE SCHEDULE. Councilmember Bloyer, seconded by Mayor Pearson, moved to amend the motion to add “CONTINGENT UPON WRITTEN RECOMMENDATION BY THE FINANCE DIRECTOR AND CITY ADMINISTRATOR”. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). Primary motion passed 5 – 0. ITEM 19: Transfer Electrical Permit Inspecting to the State of MN Administrator Schroeder reported that the City retains 25% of the cost of electrical permits but may be losing money on the staff time for processing and tracking the permits. Councilmember Fliflet, seconded by Councilmember Smith, moved TO REPEAL ORDINANCE 08-093 WHICH ADOPTED THE CITY ELECTRICAL PERMITTING AND INSPECTIONS PROGRAM, TO REPEAL ORDINANCE 08-094 TO AMEND THE CITY’S LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 2015 Page 7 of 7 FEE SCHEUDLE TO INCORPORATE FEES RELATED TO THE CITY ELECTRICAL PERMITTING AND INSPECTIONS PROGRAM, AND TO DISCONTINUE THE ELECTRICAL INSPECTION SERVICES AGREEMENT WITH JOE WHEATON EFFECTIVE 1/1/2016. Motion passed 3 – 2 (Pearson, Bloyer – nay). ITEM 20: Approve 2016 Fee Schedule Item 20 approved by consensus ITEM 23: Village Mixed Use Zoning Discussion Councilmember Bloyer stated he would like the Planning Commission to review and possibly amend the VMX ordinance. Bloyer added that the adoption of the ordinance, the 2012 Comprehensive Plan and densities allowed in the Old Village should be reviewed. Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT THE PLANNING COMMISSION TO REVIEW THE VILLAGE MIXED USE ZONING IN THE DOWNTOWN ZONE. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). ITEM 26: Discussion of Meeting Minutes Content Councilmember Fliflet, seconded by Mayor Pearson, moved THAT THE CITY COUNCIL MEETING MINUTES PROVIDE A SUMMARY OF PROCEEDINGS AND ONLY ERRORS BE BROUGHT TO THE CITY CLERK FOR CORRECTION. Motion passed 4 – 0 – 1 (Bloyer – abstain). ITEM 28: Purchase of Public Works Truck Administrator Schroeder asked to delay discussion; this purchase was intended to be a pre-purchase for 2016 to utilize excess budget funds. Item tabled by consensus. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Reported on status of the City’s video recording equipment, attended developer meetings and Washington County City Administrators meeting. Finance Director Bendel: Reported levy proceeds have been received, a refund from LMC has been received, working on insurance renewal, preliminary audit scheduled for next week, preparing to send out utility bills and preparing for the January Finance Committee meeting. Meeting adjourned at 1:02 a.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 CALL TO ORDER Parliamentarian Kevin Wendt called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. Others present: Parliamentarian Kevin Wendt PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Councilmember Bloyer moved items 12 and 13 to the Regular Agenda. Interim Administrator Schroeder added Parliamentarian Contract to the Regular Agenda as item 24. Item 21 was moved to the beginning of the Regular Agenda and Item 14 was moved to the end. Agenda approved by consensus as amended. ACCEPT MINUTES Minutes of the November 17, 2015 Regular Meeting were accepted after discussion. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, spoke about ethics and integrity and asked the Council to think about the future of Lake Elmo Mike Reeves, 11075 14th Street North, commented on the departure of staff, volunteers and the former City Attorney and encouraged the removal of the censure on Councilmember Bloyer. Barry Weeks, 3647 Lake Elmo Avenue, commented on an article in the Stillwater Gazette and stated that the City is wasting money in a lot of areas. Nadine Obermueller, 8696 42nd Street, apologized to Councilmember Smith for the contempt and cruelty aimed at her and stated it is time to move forward and remove the censure of Councilmember Bloyer. Christine Nelson, 2871 Legion Avenue North, thanked the Council for the job they do and stressed the importance of ethics, morals and values. Susan Dunn, 11018 Upper 33rd Street, thanked the Parliamentarian for assisting with the Council meetings and asked the City Council to re-work the numbers in the Old Village. PRESENTATIONS Lake Elmo Library Presentation LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 Page 2 of 7 Library Board Vice President Sarah Linder reported that the Lake Elmo Library has been pursuing Associate Library status with Washington County, retaining a local library with local control. Councilmember Fliflet reviewed a proposal for the Lake Elmo Library that was presented to Washington County and reviewed a recent history of other meetings held concerning the library’s status with the county system. Fliflet also explained the risks with being a branch library compared to independent and associate status. Fliflet reviewed the library statistics, mission, financial benefits to Washington County, and reactions to the presentation given to the county. Mayor Pearson stated he prefers affiliate status for the library rather than associate status, as associate status would be more costly. Councilmember Bloyer stated the city should pursue associate status along with exploring affiliate status as well. Jean Olinger, 9057 Lake Jane Trail, stated the city should pursue associate status as that appears to be the path of least resistance and asked for information on specific responses from the county regarding the library. Elizabeth Hartley-Pawloski, 9737 51st Street North, asked for the library to become reaffiliated with the county system, stating she uses the Stillwater Library and would like the additional access to other libraries. Sarah Linder, 11108 12th Street North, stated the library currently has access to ebooks and other resources at the Stillwater Library but associate status would give residents greater access to the resources of other libraries. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept December 2015 Assessors Report 4. Accept December 2015 Building Department Report 5. Eagle Point Boulevard Street Improvements – Pay Request No. 5 6. 39th Street: Street and Sanitary Sewer Improvements – Change Order No. 5 7. 39th Street: Street and Sanitary Sewer Improvements – Compensating Change Order No. 6 8. 39th Street: Street and Sanitary Sewer Improvements – Pay Request No. 8 (FINAL) 9. Village Trunk Utility Improvements – Approve Reduction of Security #1 10. East Metro Water Resource Education Program (EMWREP) – Renew Shared Resource Education Program Agreement Consent Agenda approved as presented. ITEM 21: Library Board Appointments Interim Administrator Schroeder reviewed his memo regarding Library Board Appointments and noted the City Attorney’s opinion that the Library Board cannot change the board structure without City Council approval. LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 Page 3 of 7 Judy Gibson, 10684 10th Street Court North, Library Board Member, spoke on behalf of the Board, explaining Library Board recommendations for reappointments and appointment of a new member and added that the shift from alternates to full board members would make meetings and voting easier for the alternates. Mayor Pearson encouraged the Library Board to look at a management fee payable to the City. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-06 INCREASING THE LIBRARY BOARD FROM 7 MEMBERS AND 2 ALTERNATES TO A BOARD OF 9 MEMBERS. Motion passed 5 – 0. Mayor Pearson, seconded by Councilmember Lundgren, moved TO REAPPOINT STEVE DELAPP AND SARAH LINDER AND APPOINT MARGOT SEILINI AND TOM DEGREE TO THE LIBRARY BOARD. Motion passed 5 – 0. ITEM 15: Hidden Meadows Plat Extension Bob Bridges, Executive Pastor of Rockpoint Church, explained that the request is for a two year extension of the plat approval with no changes to the plat. The extension is requested to provide assurance to a potential buyer that the City would move forward with the process. Mr. Bridges added that the church would be coming back to request a small change in the water main location at the final plat approval. Planning Director Wensman reviewed the plat, noting open space and history of the project. Mark Guenther of Gen Mark Builders stated that it is a well designed project and his firm would build single family detached housing with no changes to the design of the project. Councilmember Smith suggested the addition of more trees to adequately screen the south and west sides of the development. Mayor Pearson, seconded by Councilmember Fliflet, moved TO APPROVE THE REQUEST FROM ROCKPOINT CHURCH TO EXTEND THE DEADLINE TO SUBMIT A FINAL PLAT RELATED TO HIDDEN MEADOWS 2ND ADDITION FOR A PERIOD OF TWO YEARS UNTIL JANUARY 2, 2018. Motion passed 5 – 0. ITEM 16: Sign Variance 8650 Hudson Boulevard Planning Director Wensman reviewed the request for a 5 foot height and 4 foot width variance, noting the location and purpose of the larger sign. Wensman also reviewed the Eagle Point Business Park PUD regulations and provided examples of other large signs in the area. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2016-05 APPROVING THE 5 FOOT HEIGHT AND 4 FOOT WIDTH VARIANCE REQUEST AT 8650 HUDSON BOULEVARD TO ALLOW FOR A 35 FOOT HIGH, 16 FOOT WIDE PYLON SIGN AT THE HIGH POINTE MEDICAL CAMPUS. Dawn Grant of IRET Properties explained that the proposed location of the sign is due to challenges in the topography. Grant stressed that the variance is necessary to attract and retain LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 Page 4 of 7 tenants, adding that they lose tenants regularly due to lack of visibility. Discussion was held concerning the location of the sign, visibility from the road and highway, and potential for customers to use the wrong entrance to the High Pointe Medical Campus. Melanie Sullivan, 4275 Little Bluestem Trail, spoke as a resident and an employee of St. Croix Orthopaedics in support of the sign variance, explaining the importance to patients in being able to find the clinic and also for the clinic to be successful. Motion passed 5 – 0. ITEM 17: Ordinance Amendment to Exempt Essential Services from PF-Public or Semi Public Zoning District ITEM 18: Zoning Map Amendment to Rezone a Parcel from Rural Residential to Public or Semi Public Zoning District Mayor Pearson, seconded by Councilmember Fliflet, moved TO ADOPT ITEMS 17 AND 18 AS PRESENTED. Motion passed 5 – 0. ITEM 19: Inwood Trunk Watermain Improvements – Approve Plans and Specifications; Authorize Ad for Bids City Engineer Griffin presented the proposed improvements and projected costs, noting that the project could require three different types of contractors. Councilmember Lundgren, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2016-04, APPROVING THE PLANS AND SPECIFICATIONS, CALLING HEARING ON IMPROVEMENT, AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE INWOOD TRUNK WATERMAIN IMPROVEMENTS. Motion passed 5 – 0. ITEM 20: Inwood Water Tower (No. 4) – Approve Plans and Specifications; Authorize Ad for Bids City Engineer Griffin reviewed the site location and preliminary design for the water tower. Griffin also reviewed an alternate bid that would include mezzanine space to accommodate telecommunications equipment. Griffin noted that the tower has been designed with the city name painted on two sides of the tank in the same font at Tower 2. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2016-03, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE INWOOD WATER TOWER (No. 4). Motion passed 4 – 1 (Smith – nay). Councilmember Smith stated that she supports the project but objects to the location of the tower. LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 Page 5 of 7 ITEM 22: Bureau of Mediation Services Process Interim Administrator Schroeder recommended that the Council invite the Bureau of Mediation Services to facilitate work on two items by the City Council: meeting management/interaction and agenda setting. Mayor Pearson, seconded by Councilmember Bloyer, moved that THE LAKE ELMO CITY COUNCIL OFFICIALLY REQUESTS AND INVITES THE LMC AND/OR THE BMS TO CONTINUE WORKIG WITH THE COUNCIL AND CITY STAFF IN AN EFFORT TO IMPROVE THE WORKING DYNAMICS OF SAME; SPECIFICALLY, TO HELP COUNCIL RESOLVE THE ISSUE OF CITY COUNCIL MEETING INTERACTION AND SETTING AGENDAS. Roll Call Vote taken. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – Nay). Councilmember Fliflet stated that she is open to BMS coming back in the future but not on these topics. Councilmember Lundgren agreed. Councilmember Smith stated she would entertain inviting BMS after Staff has worked on integrating the Mayors Handbook with the City Ordinance. ITEM 23: Council Role in Hiring Process Administrator Schroeder reviewed his memo, stating that some City Council Members attend some interviews and noted the guidelines outlined in the City Ordinance regarding personnel in Chapter 31.29. Councilmember Bloyer, seconded by Mayor Pearson, moved WITH THE EXCEPTION OF THE CITY ADMINISTRATOR POSITION, INTERVIEWING AND RECOMMENDING CANDIDATES FOR EMPLOYMENT TO THE CITY COUNCIL SHOULD BE MADE BY CITY STAFF. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – Nay) Councilmember Fliflet stated she wants to be involved with hiring integral staff members in positions dealing in growth. ITEM 12: Approve Northland Securities Proforma Services ITEM 13: Approve TKDA Cost of Service Study for Water and Sanitary Sewer Utilities City Administrator Schroeder provided background information on Items 12 and 13 and suggested approving them together. Items 12 and 13 approved as presented by unanimous vote. ITEM 14: Approve 2016 Meeting Schedule Discussion was held concerning adding a second Council Workshop to the schedule for each month. Councilmember Bloyer suggested leaving it to the Administrator’s discretion to add Council Workshops as needed. LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 Page 6 of 7 Councilmember Fliflet, seconded by Councilmember Smith, moved TO ADOPT THE 2016 REGULAR MEETING DATES AS PRESENTED. Motion passed 5 – 0. ITEM 24: Contract for Parliamentarian Interim Administrator Schroeder reviewed the proposed contract terms for Parliamentarian services. Councilmember Fliflet, seconded by Councilmember Smith, moved TO EXTEND THE CONTRACT WITH KEVIN WENDT AS PARLIAMENTARIAN FOR CITY COUNCIL MEETINGS FOR A PERIOD OF 3 MONTHS ACCORDING TO SCHEDULE 1B OF THE MEMO ATTACHMENT. Councilmember Bloyer, seconded by Mayor Pearson, moved to amend the motion by substitute with a motion TO HIRE MR. WENDT ON A ONE MONTH CONTRACT UNDER SCHEDULE 2 OF THE MEMO ATTACHMENT TO SIT WITH STAFF AND RULE ON POINTS OF ORDER FOR $160 PER HOUR. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO LIMIT DEBATE ON THIS ISSUE TO ONE MINUTE PER PERSON. Motion failed 3 – 2 (Pearson, Bloyer – nay). Substitute motion failed 0 – 5. Primary motion passed 3 – 2 (Pearson, Bloyer – Nay). Councilmember Bloyer stated he won’t support the Parliamentarian contract as it is intended to make the Mayor look bad. COUNCIL REPORTS Mayor Pearson: Spoke at Library Board Meeting, expressed appreciation for Planning Commission comments on the removal of Commissioner Dorschner. Announced a Meet the Mayor event to be scheduled soon and asked about city staff compensation reviews. Councilmember Lundgren: Reviewed resumes for City Administrator candidates, responded to citizen issues. Councilmember Bloyer: Fielded emails regarding the library issue, commended the Planning Commission for standing up on the removal of Commissioner Dorschner and thanked residents for their support. Councilmember Smith: Met with staff, Councilmember Fliflet and Washington County staff regarding the library. Communicated with Washington County Public Works and assisted residents with phone calls and comments. Councilmember Fliflet: Attended a library meeting with Washington County, Library Board Meeting and City Council/Finance Committee joint workshop. Received calls of support for her “no” vote on the BRT and addressed a lot of citizen comments. LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 2016 Page 7 of 7 STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: No report. City Clerk Johnson: Reminded the Council and residents that the first City Council meeting in March will be held on Wednesday, March 2nd due to Republican Caucuses being held on March 1st. City Attorney Sonsalla: Looking forward to working with the City and offering assistance. Planning Director Wensman: Working on railroad crossing closures and the shore land ordinance. City Engineer Griffin: Continuing to work with Washington County on the downtown improvements and reviewing county plans for Manning Avenue and resurfacing project. Meeting adjourned at 12:02 a.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 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, Fire Chief Malmquist, Planner Wensman and City Clerk Johnson. Others present: Parliamentarian Kevin Wendt PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Councilmember Smith removed Item 8 to postpone to a future meeting. Councilmember Fliflet moved Items 6 and 7 to the Regular Agenda and postponed Item 16 to the next Council Workshop. Councilmember Fliflet postponed the acceptance of the minutes to the next City Council meeting. Agenda approved as amended. COUNCIL REPORTS Mayor Pearson: Conducted site visits regarding resident concerns, visited Family Means, attended a meeting for the Highway 13 project. Councilmember Fliflet: Held a Human Resources Committee meeting, attended the Library Board meeting and discussed moving forward with associate library status, met with Washington County representatives and residents of Fields of St. Croix II, thanked the Parliamentarian for his assistance. Councilmember Smith: Received phone calls on several items including the downtown pond and positive feedback on the Parliamentarian. Councilmember Lundgren: Met with residents and conducted a site visit. Councilmember Bloyer: Met with a resident regarding the pond next to his property, received phone calls, and reiterated that the Parliamentarian is not required by the League of MN Cities and is a political game to make the Mayor look bad. PUBLIC COMMENTS/INQUIRIES None PRESENTATIONS None FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements Finance Consent Agenda approved by consensus LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 Page 2 of 5 OTHER CONSENT AGENDA 3. Approve Belle Amie Spa Massage License Renewal 4. Approve Liquor License Renewals 5. Approve Inwood Addition Development Contract Addendum Consent Agenda approved by consensus. ITEM 6: Approve Reider Preliminary Plat Extension City Planner Wensman presented the request for a preliminary plat extension. Discussion held concerning the City code and 180 day time limit in the code. Councilmember Smith stated there are additional questions to be fielded and she would like additional time to discuss them with the City Planner. Councilmember Smith, seconded by Councilmember Fliflet, moved TO POSTPONE CONSIDERATION TO THE NEXT MEETING. Motion passed 4 – 1 (Bloyer – nay). ITEM 7: Designate Data Practices Official City Attorney Snyder stated that it is necessary to appoint a data practices official as the City Attorney’s office is declining to continue serving in that capacity. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2015-85 APPOINTING THE CITY CLERK AS THE DATA PRACTICES OFFICIAL WITH THE ADDED LANGUAGE THAT THE CLERK WILL CONSULT WITH THE CITY ATTORNEY ON NON-MUNDANE REQUESTS. Motion passed 3 – 2 (Pearson, Bloyer – nay). ITEM 9: Public Hearing: 2016 Proposed Tax Levy and General Fund Budget – Adopt 2016 Budget and Tax Levy – Resolution2015-84 City Administrator Schroeder provided an overview of the 2016 Budget and invited public comments. The Public Hearing was opened at 8:05 p.m. Marion Adkins, 2227 Lake Elmo Avenue, asked about the value of her two properties and why the tax on the landlocked parcel has increased. The Public Hearing was closed at 8:10 p.m. Councilmember Bloyer, seconded by Mayor Pearson, moved to approve Resolution 2015-84 with the exception that the Library Fund levy remains at the current (2015) level of funding. Motion failed 1 – 4 (Pearson, Fliflet, Lundgren, Smith –nay). Councilmember Smith stated she would not support the motion because the library levy was reduced last year. Councilmember Fliflet stated she would not support a reduction in library levy, noting that the library is working toward associate status. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 Page 3 of 5 Councilmember Smith, seconded by Councilmember Fliflet, moved TO APPROVE RESOLUTON 2015-84 ADOPTING THE FINAL 2016 GENERAL FUND, DEBT SERVICE FUND AND LIBRARY FUND ANNUAL BUDGETS AND LEVIES. Motion passed 3 – 2 (Pearson, Bloyer – nay). Mayor Pearson stated it is a good budget and he appreciates the Finance Committee work on it. ITEM 10: Developer Line of Credit Reduction Discussion Interim Administrator Schroeder introduced the item and reviewed the request from Robert Engstrom Company for a reduction in the Letter of Credit for the Wildflower development. Schroeder explained the risk to City in allowing partial decreases and suggested that staff be directed to propose changes to development agreements to allow for reductions in letters of credit. City Engineer Griffin reviewed steps in the Letter of Credit reduction policy currently in place, noting that he is in favor of minor revisions, particularly in the street utility area. Councilmember Smith, seconded by Councilmember Fliflet, moved TO DIRECT STAFF TO PROPOSE CHANGES TO DEVELOPMENT AGREEMENTS THAT WOULD ALLOW DECREASES IN LETTERS OF CREDIT. Motion passed 4 – 1 (Bloyer – nay). Councilmember Bloyer stated he would not support the motion as it would lower the leverage the City has with developers. ITEM 11: Tana Ridge Park Sign Interim Administrator Schroeder reviewed the placement of a park sign in Tana Ridge, noting the size and location of the sign and presented a suggested from the Public Works staff to reduce the height of the sign. Darcy Hilgendorf, 11644 44th Street North, commented on the size of the sign and stated she would like the Parks Commission to evaluate if this size park needs a sign like this. Ms. Hilgendorf stated that if a sign is required, she would like input on the size, design and location of the sign in Tana Ridge Park. David Jack, 11657 44th Street North, asked if a sign is needed in a low use park such as this and requested it be moved closer to the ball parks. Mayor Pearson stated he spoke with a resident in the past two weeks about this issue and the Parks Commission has discussed it. Pearson added that he appreciates the work the Commission puts into these projects. Councilmember Bloyer indicated he agreed with Mayor Pearson. Councilmember Smith, seconded by Councilmember Fliflet, moved TO DIRECT PUBLIC WORKS TO REMOVE THE TANA RIDGE SIGN AND DIRECT THE PARKS COMMISSION TO REVIEW PLACEMENT AND SIZE OF ALL SIGNS IN ALL PARKS. Motion passed 3 – 1 – 1 (Pearson – nay, Bloyer – abstain). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 Page 4 of 5 ITEM 12: Charter and Roster for Environmental Committee Interim Administrator Schroeder noted that the proposed Charter and Roster for the Environmental Committee were included in the meeting packet. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADPOPT THE CHARTER AND ROSTER FOR THE ENVIRONMENTAL COMMITTEE. Motion passed 5 – 0. ITEM 13: City Administrator Search Councilmember Smith, seconded by Councilmember Fliflet, moved TO AUTHORIZE THE CITY CLERK TO POST THE POSITION ON THE LMC AND ICMA WEBSITES WITH A SALARY RANGE OF $100,000 - $105,000 AND A CLOSING DATE OF JANUARY 4, 2016 FOR APPLICATIONS. Mayor Pearson moved TO EXPAND THE SALARY RANGE TO $90,000 - $125,000. Motion failed for lack of a second. Councilmember Smith, seconded by Mayor Pearson, moved TO AMEND THE PRIMARY MOTION TO STRIKE $105,000 AND INSERT $115,000. Motion passed 5 – 0. Primary motion passed 4 – 1 (Bloyer – nay). ITEM 14: RFP for Legal Services Interim Administrator Schroeder reviewed the proposed time line for issuing the RFP and proposed limiting responses to twenty pages. Councilmember Lundgren, seconded by Councilmember Smith, moved TO SEND OUT AN RFP FOR THE CITY OF LAKE ELMO FOR LEGAL SERVICES Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO AMEND THE PRIMARY MOTION BY ADDING QUESTIONS TO THE RFP TEXT “HAVE ANY ATTORNEYS ON STAFF BEEN CONVICTED OF A MISDEMEANOR OR HIGHER? AND “HAVE ANY ATTORNEYS ON STAFF BEEN ACCUSED OF PROSECUTORIAL MISCONDUCT?” Councilmember Smith, seconded by Councilmember Fliflet, moved TO AMEND THE AMENDMENT TO REPLACE “MISDEMEANOR” WITH “FELONY”. Motion failed 1 – 4 (Pearson, Bloyer, Fliflet, Lundgren – nay). Motion to amend the primary motion passed 4 – 0 – 1 (Smith – abstain). Primary motion passed 3 – 2 (Pearson, Bloyer – nay) Mayor Pearson stated he would not support the primary motion as it is damaging to the City and not recommended by the League of MN Cities. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2015 Page 5 of 5 ITEM 15: Arts Center Interim Administrator Schroeder stated that the building is mostly unused and not monitored and is a liability to the City in its current state. Discussion was held regarding concerns the Building Official expressed regarding the condition of the property. Bill Wacker, 3603 Laverne Avenue North, stated he lives across from the Arts Center and the City has not maintained the property and does not mow the grass regularly. Mr. Wacker stated that the building looks abandoned. Barry Weeks, 3647 Lake Elmo Avenue North, referred to the November 18, 2015 article in the Pioneer Press newspaper regarding the Arts Center and encouraged the Council to find somewhere else for the Friendship Club to operate. Councilmember Bloyer, seconded by Mayor Pearson, moved TO DIRECT STAFF TO FIRM ESTIMATES ON THE DEMOLITION OF THE ARTS CENTER AND INVESTIGATE ITS POTENTIAL AS A CONTROLLED BURN TRAINING SITE FOR THE LAKE ELMO FIRE DEPARTMENT. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT STAFF TO OBTAIN FIRM ESTIMATES FOR CODE COMPLIANCE REPAIRS, HIRE OUT MAINTENANCE OF THE BUILDING AND INVESTIGATE AESTHETIC IMPROVEMENTS. Councilmember Fliflet stated that the Valley Friendship Club is not requesting any repairs. City Attorney Snyder stated that if code review of this property shows a violation, the City is not immune from its own ordinances and the property needs to be brought into compliance. Councilmember Fliflet, seconded by Councilmember Smith, moved a substitute motion TO CONTINUE TO DISCUSS WITH VALLEY FRIENDSHIP CLUB TO FIND ANOTHER ALTERNATIVE SITE. Motion to substitute passed 3 – 2 (Pearson, Bloyer – nay). Meeting adjourned at 11:01 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $1,521,466.47 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: $1,521,466.47 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $1,521,466.47. 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] February 2, 2016 -- 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 $ 14,842.19 Payroll Taxes to IRS & MN Dept of Revenue 01/21/16 ACH $ 6,300.17 Payroll Retirement to PERA 01/21/16 DD6911-DD6959 $ 41,819.45 Payroll Dated (Direct Deposits) 01/21/16 43897-43945 $ 1,031,258.41 Accounts Payable 02/02/16 2749-2750 $ 120.00 Library Card Reimbursement 02/02/16 ACH $ 75,098.75 Bond Payment, 2010A, 02/01/16 ACH $ 171,578.75 Bond Payment, 2010B, 02/01/16 ACH $ 90,413.75 Bond Payment, 2011A, 02/01/16 ACH $ 90,035.00 Bond Payment 2012B, 02/01/16 TOTAL $ 1,521,466.47 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $1,521,466.47. ATTACHMENTS: 1. Accounts Payable – check registers MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 CONSENT ITEM # 3 AGENDA ITEM: Lake Elmo Avenue Trunk Watermain Improvements – Change Order #2 SUBMITTED BY: Chad Isakson, 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: $9,100.00 This change order provides compensation to the contractor to compete additional work at the request for the City. With approval of this change order the revised contract amount is $2,037,215.25. 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 Lake Elmo Avenue Trunk Watermain Improvements, thereby increasing the Contract amount by $9,100. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 2 for the Lake Elmo Avenue Trunk Watermain Improvements thereby increasing the contract amount by $9,100.00.” City Council Meeting [Consent Agenda Item 3] February 2, 2016 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order provides compensation to the contractor to compete additional work at the request for the City. The work includes two items; 1) time and mobilization to excavate and investigate a curb stop suspected of leaking at 3012 Lake Elmo Avenue and, 2) additional driveway pavement work along Lake Elmo Avenue to correct drainage issues along the entrance to several resident’s driveways. The above described changes were not included in the original contract and result in a contract increase of $9,100.00. The $9,100 amount is within the project contingency budget, therefore with this change order the total project budget remains within the authorized project budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 2 for the Lake Elmo Avenue Trunk Watermain Improvements, thereby increasing the Contract amount by $9,100. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 2 for the Lake Elmo Avenue Trunk Watermain Improvements thereby increasing the contract amount by $9,100.00.” ATTACHMENT(S): 1. Change Order No. 2. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 CONSENT ITEM # 4 AGENDA ITEM: Lake Elmo Avenue Trunk Watermain Improvements – Compensating Change Order No. 3 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: Decrease of $15,631.93 to the final construction contract amount. This change order reconciles the estimated and actual quantities installed on the project and decreases the final contract amount by $15,631.93. The final construction contract amount is $2,021,583.32 or 0.3% over the original construction contract award amount of $2,015,687.39. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the consent agenda, Compensating Change Order No. 3 for the Lake Elmo Avenue Trunk Watermain Improvements 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. 3 for the Lake Elmo Avenue Trunk Watermain Improvements thereby decreasing the final contract amount by $15,631.93.” City Council Meeting [Consent Agenda Item 4] February 2, 2016 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: GM Contracting, Inc. was awarded a construction contract on June 3, 2014 to complete the Lake Elmo Avenue Trunk Watermain Improvements. 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 a part of the project. The overall decrease in the contract amount for this change order is $15,631.93 as detailed on the attached itemization. The final construction contract amount is $2,021,583.32. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, approving Compensating Change Order No. 3 for the Lake Elmo Avenue Trunk Watermain Improvements thereby decreasing the final contract amount by $15,631.93. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve Compensating Change Order No. 3 for the Lake Elmo Avenue Trunk Watermain Improvements thereby decreasing the final contract amount by $15,631.93.” ATTACHMENT(S): 1. Compensating Change Order No. 3 CHANGE ORDER NO. 3 LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.133 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT NET CHANGE AMOUNT 1 LS 1                    $85,000.00 $85,000.00 1 $85,000.00 ‐                              $0.00 2 LS 1                    $53,951.69 $53,951.69 1 $53,951.69 ‐                              $0.00 3 LF 461                $2.50 $1,152.50 0 $0.00 ‐461.0 ‐$1,152.50 4 EA 20                  $400.00 $8,000.00 8 $3,200.00 ‐12.0 ‐$4,800.00 5 EA 3                    $152.58 $457.74 3 $457.74 ‐$0.00 6 SY 267                $6.30 $1,682.10 267 $1,682.10 ‐$0.00 7 LS 1                    $4,500.00 $4,500.00 1 $4,500.00 ‐$0.00 $154,744.03 $148,791.53 ‐$5,952.50 1 LF 416                $2.85 $1,185.60 363 $1,034.55 ‐53.0 ‐$151.05 2 LF 970                $2.85 $2,764.50 970 $2,764.50 ‐$0.00 3 EA 2                    $350.00 $700.00 1 $350.00 ‐1.0 ‐$350.00 4 EA 15                  $150.00 $2,250.00 16 $2,400.00 1.0 $150.00 5 EA 1                    $1,448.16 $1,448.16 1 $1,448.16 ‐$0.00 6 EA 27                  $2,036.85 $54,994.95 27 $54,994.95 ‐$0.00 7 EA 4                  $2,530.54 $10,122.16 3 $7,591.62 ‐1.0 ‐$2,530.54 8 EA 1                    $3,508.66 $3,508.66 1 $3,508.66 ‐$0.00 9 EA 17                $3,489.56 $59,322.52 15 $52,343.40 ‐2.0 ‐$6,979.12 10 EA 27                  $4,182.48 $112,926.96 27 $112,926.96 ‐$0.00 11 EA 6                    $425.90 $2,555.40 7 $2,981.30 1.0 $425.90 12 EA 38                  $550.20 $20,907.60 40 $22,008.00 2.0 $1,100.40 13 EA 2                    $647.35 $1,294.70 2 $1,294.70 ‐$0.00 14 EA 6                    $463.58 $2,781.48 7 $3,245.06 1.0 $463.58 15 EA 38                  $600.53 $22,820.14 40 $24,021.20 2.0 $1,201.06 16 EA 2                    $746.85 $1,493.70 2 $1,493.70 ‐$0.00 17 LF 204                $28.59 $5,832.36 217 $6,204.03 13.0 $371.67 18 LF 1,586            $32.06 $50,847.16 1,737 $55,688.22 151.0 $4,841.06 19 LF 52                  $37.35 $1,942.20 51 $1,904.85 ‐1.0 ‐$37.35 20 EA 15                  $500.00 $7,500.00 15 $7,500.00 ‐$0.00 21 LF 379                $29.50 $11,180.50 373 $11,003.50 ‐6.0 ‐$177.00 22 LF 387                $74.63 $28,881.81 390 $29,105.70 3.0 $223.89 23 LF 174                $70.93 $12,341.82 174 $12,341.82 ‐$0.00 24 LF 74                  $81.80 $6,053.20 74 $6,053.20 ‐$0.00 25 LF 11,152          $89.00 $992,528.00 11,152 $992,528.00 ‐$0.00 26 LF 2,200            $89.00 $195,800.00 2,200 $195,800.00 ‐$0.00 27 EA 32                  $362.03 $11,584.96 9 $3,258.27 ‐23.0 ‐$8,326.69 28 EA 1                    $1,325.00 $1,325.00 0 $0.00 ‐1.0 ‐$1,325.00 29 EA 2                    $1,337.00 $2,674.00 0 $0.00 ‐2.0 ‐$2,674.00 30 EA 3                    $543.52 $1,630.56 4 $2,174.08 1.0 $543.52 31 EA 23                  $1,498.00 $34,454.00 23 $34,454.00 ‐$0.00 32 EA 4                    $1,520.00 $6,080.00 4 $6,080.00 ‐$0.00 33 EA 1                    $1,589.00 $1,589.00 1 $1,589.00 ‐$0.00 34 EA 2                    $1,657.77 $3,315.54 1 $1,657.77 ‐1.0 ‐$1,657.77 35 EA 1                    $588.10 $588.10 1 $588.10 ‐$0.00 36 EA 1                    $762.51 $762.51 1 $762.51 ‐$0.00 37 EA 4                    $268.40 $1,073.60 5 $1,342.00 1.0 $268.40 38 EA 4                    $322.24 $1,288.96 2 $644.48 ‐2.0 ‐$644.48 39 EA 1                    $506.18 $506.18 1 $506.18 ‐$0.00 40 LS 1                    $70,092.00 $70,092.00 1.0 $70,092.00 ‐$0.00 41 LS 1                    $55,577.00 $55,577.00 1.00 $55,577.00 ‐$0.00 42 EA 27                  $57.70 $1,557.90 7 $403.90 ‐20.0 ‐$1,154.00 43 SF 96                  $7.37 $707.52 64 $471.68 ‐32.0 ‐$235.84 $1,808,790.41 $1,792,137.05 ‐$16,653.36 1 LF 1,020            $3.92 $3,998.40 433 $1,697.36 ‐587.0 ‐$2,301.04 2 SY 1,125            $5.67 $6,378.75 672 $3,810.24 ‐453.0 ‐$2,568.51 3 TN 410                $29.93 $12,271.30 407.7 $12,202.46 ‐2.3 ‐$68.84 4 SY 62                  $39.21 $2,431.02 17.33 $679.51 ‐44.7 ‐$1,751.51 5 TN 134              $128.96 $17,280.64 147.80 $19,060.29 13.8 $1,779.65 6 TN 67                  $144.44 $9,677.48 85.02 $12,280.29 18.0 $2,602.81 7 GA 56                $2.06 $115.36 56 $115.36 ‐$0.00 $52,152.95 $49,845.51 ‐$2,307.44 TOTALS ‐ BASE CONTRACT $2,015,687.39 $1,990,774.09 ‐$24,913.30 COMPENSATING CHANGE ORDER NO. 3 SUBTOTAL ‐ DIVISION 2 SUBTOTAL ‐ DIVISION 3 DRIVEWAY RESTORATION DIVISION 3 ‐ STREETS SAWCUT BITUMINOUS PAVEMENT REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT, ALL TYPES CL.5 AGGREGATE BASE SPWEA240B BITUMINOUS WEAR COURSE, STREETS HORIZONTAL DIRECTIONAL DRILLING BORE PITS WATER SERVICE CONNECTION PITS  16"X8" TEE MJ DUCTILE IRON COMPACT FITTING 16"X12" TEE MJ DUCTILE IRON COMPACT FITTING 16"X12" CROSS MJ DUCTILE IRON COMPACT FITTING 12"X6" REDUCER MJ DUCTILE IRON COMPACT FITTING 16"X8" REDUCER MJ DUCTILE IRON COMPACT FITTING OFF ROAD STRUCTURE MARKER 4" POLYSTYRENE INSULATION 8" PLUG MJ DUCTILE IRON COMPACT FITTING 12" PLUG MJ DUCTILE IRON COMPACT FITTING 16" PLUG MJ DUCTILE IRON COMPACT FITTING 1" TYPE K COPPER WATER SERVICE PIPE 1.5" TYPE K COPPER WATER SERVICE PIPE 16"X11‐1/4° BEND MJ DUCTILE IRON COMPACT FITTING 16"X45° BEND MJ DUCTILE IRON COMPACT FITTING 8"X6" TEE MJ DUCTILE IRON COMPACT FITTING 16"X6" TEE MJ DUCTILE IRON COMPACT FITTING TRAFFIC CONTROL SILT FENCE REMOVE/ABANDON EXISTING WATER SERVICE ‐ ALL SIZES AND TYPES 1" CORPORATION STOP 1.5" CORPORATION STOP 2" CORPORATION STOP 1" CURB STOP AND BOX 1.5" CURB STOP AND BOX 2" CURB STOP AND BOX 2" TYPE K COPPER WATER SERVICE PIPE CONNECT TO EXISTING WATER SERVCIE ‐ALL SIZES AND TYPES 6" DIP CL. 52 WATERMAIN 16" DIP CL. 52 WATERMAIN 8" HDPE DR 11 WATERMAIN 12" HDPE DR 11 WATERMAIN 16" HDPE DR 11 WATERMAIN 16" HDPE DR11 WATERMAIN, EXTRA DEPTH (P) 6"X45° BEND MJ DUCTILE IRON COMPACT FITTING ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT TOTAL TO DATE DIVISION 1 ‐ GENERAL MOBILIZATION HYDRANT ‐ 8'‐6" BURY TREE REMOVAL INLET PROTECTION 6" TOPSOIL AND SOD TEMPORARY WATER SERVICE SUBTOTAL ‐ DIVISION 1 DIVISION 2 ‐ WATERMAIN REMOVE EXISTING WATERMAIN ‐ ALL SIZES AND TYPES ABANDON EXISTING WATERMAIN IN PLACE ‐ ALL SIZES AND TYPES 8" GATE VALVE & BOX 16" BUTTERFLY VALVE & BOX SALVAGE EXISTING HYDRANT, LEAD, AND VALVE CONNECT TO EXISTING WATERMAIN 6" GATE VALVE & BOX 12" GATE VALVE & BOX SPNWB230B BITUMINOUS NON‐WEAR COURSE, STREETS BITUMINOUS MATERIAL FOR TACK COAT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT NET CHANGE AMOUNT COMPENSATING CHANGE ORDER NO. 3ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT TOTAL TO DATE CHANGE ORDER NO. 1 CO1‐1 LS 1.0 $3,810.00 $3,810.00 1 $3,810.00 ‐$0.00 CO1‐2 LS ‐1.0 $1,130.46 ‐$1,130.46 ‐1 ‐$1,130.46 ‐$0.00 CO1‐3 EA ‐1.0 $1,657.77 ‐$1,657.77 0 $0.00 1.0 $1,657.77 CO1‐4 EA ‐2.0 $322.24 ‐$644.48 0 $0.00 2.0 $644.48 CO1‐5 EA ‐2.0 $3,489.56 ‐$6,979.12 0 $0.00 2.0 $6,979.12 CO1‐6 EA 1.0 $852.25 $852.25 1 $852.25 ‐$0.00 CO1‐7 EA 16.0 $200.00 $3,200.00 16 $3,200.00 ‐$0.00 CO1‐8 EA 18.0 $832.08 $14,977.44 18 $14,977.44 ‐$0.00 TOTALS ‐ CHANGE ORDER NO. 1 $12,427.86 $21,709.23 $9,281.37 CHANGE ORDER NO. 2 CO2‐2 LS 1.0 $3,500.00 $3,500.00 1 $3,500.00 ‐$0.00 CO2‐3 LS 1.0 $5,600.00 $5,600.00 1 $5,600.00 ‐$0.00 TOTALS ‐ CHANGE ORDER NO. 2 $9,100.00 $9,100.00 $0.00 TOTALS ‐ DIFFERENCE IN CONTRACT AND ACTUAL WORK COMPLETE $2,037,215.25 $2,021,583.32 ‐$15,631.93 3012 LAKE ELMO AVENUE WATER SERVICE EXCAVATION 2976 & 2986 LAKE ELMO AVENUE DRIVEWAY REPAIRS 18‐INCH HYDRANT EXTENSION FOSTOR ADAPTORS 16‐INCH SLEEVE TRAFFIC CONTROL ‐ TEMPORARY SIGNAGE RESTORATION ‐ ELIMINATE CROSS AT 10TH STREET REMOVE 16"X12" CROSS REMOVE 12" PLUG REMOVE 16" BUTTERFLY VALVE & BOX MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 CONSENT ITEM # 5 AGENDA ITEM: Lake Elmo Avenue Trunk Watermain Improvements – Pay Request No. 6 (Final) 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: None. Partial payment is proposed in accordance with the approved Contract and change orders 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. 6 (Final) for the Lake Elmo Avenue Trunk Watermain Improvements. The work has been reviewed by the Engineer and is fully completed in accordance with the Contract and Specifications and Change Orders. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the Lake Elmo Avenue Trunk Watermain Improvements and approve Pay Request No. 6 (Final) to GM Contracting Inc. in the amount of $120,765.01.” City Council Meeting [Consent Agenda Item 5] February 2, 2016 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: GM Contracting Inc., the Contractor for the project, has completed the Lake Elmo Avenue Trunk Watermain Improvements in accordance with the construction contract awarded by the council on June 11, 2014. The Project Engineer has prepared a Certificate of Completion indicating that all work is completed including all punchlist items and is recommending the acceptance of the improvements and release of final retainage. Project acceptance will initiate the one-year warranty period for the improvements. The one-year warranty will begin on February 2, 2016 and will extend through February 1, 2017. The final total construction costs for the project is $2,021,583.32 which is 0.3% over the original contract amount of $2,015,687.39. Added project costs are primarily related to additional water services stubs and watermain fittings. The project is being funded through the water fund and the levy of special assessments to the benefitting properties. 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: $2,317,000 $2,498,400 Funding Source: Water Enterprise Funds: $2,224,200 $2,405,600 Water Assessment Revenue: (32 Units at $2,900 each) $92,800 $92,800 The City has received all lien waivers, consent of surety, and IC-134s from the Contractor. RECOMMENDATION: Staff is recommending that the City Council consider, as part of the Consent Agenda, accepting the Lake Elmo Avenue Trunk Watermain Improvements and approving Pay Request No. 6 (Final) in the amount of $120,765.01. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the Lake Elmo Avenue Trunk Watermain Improvements and approve Pay Request No. 6 (Final) to GM Contracting Inc., in the amount of $120,765.01.” ATTACHMENT(S): 1. Certificate of Completion 2. Partial Pay Estimate No. 6 (Final) PARTIAL PAY ESTIMATE NO. 6 (FINAL) LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2013.133 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1                    $85,000.00 $85,000.00 0.00 $0.00 1 $85,000.00 2 LS 1                    $53,951.69 $53,951.69 0.00 $0.00 1 $53,951.69 3 LF 461                $2.50 $1,152.50 0.00 $0.00 0 $0.00 4 EA 20                  $400.00 $8,000.00 0.00 $0.00 8 $3,200.00 5 EA 3                    $152.58 $457.74 0.00 $0.00 3 $457.74 6 SY 267                $6.30 $1,682.10 267.00 $1,682.10 267 $1,682.10 7 LS 1                    $4,500.00 $4,500.00 0.00 $0.00 1 $4,500.00 $154,744.03 $1,682.10 $148,791.53 1 LF 416                $2.85 $1,185.60 0.00 $0.00 363 $1,034.55 2 LF 970                $2.85 $2,764.50 0.00 $0.00 970 $2,764.50 3 EA 2                    $350.00 $700.00 0.00 $0.00 1 $350.00 4 EA 15                  $150.00 $2,250.00 0.00 $0.00 16 $2,400.00 5 EA 1                    $1,448.16 $1,448.16 0.00 $0.00 1 $1,448.16 6 EA 27                  $2,036.85 $54,994.95 0.00 $0.00 27 $54,994.95 7 EA 4                  $2,530.54 $10,122.16 0.00 $0.00 3 $7,591.62 8 EA 1                    $3,508.66 $3,508.66 0.00 $0.00 1 $3,508.66 9 EA 17                $3,489.56 $59,322.52 0.00 $0.00 15 $52,343.40 10 EA 27                  $4,182.48 $112,926.96 0.00 $0.00 27 $112,926.96 11 EA 6                    $425.90 $2,555.40 0.00 $0.00 7 $2,981.30 12 EA 38                  $550.20 $20,907.60 0.00 $0.00 40 $22,008.00 13 EA 2                    $647.35 $1,294.70 0.00 $0.00 2 $1,294.70 14 EA 6                    $463.58 $2,781.48 0.00 $0.00 7 $3,245.06 15 EA 38                  $600.53 $22,820.14 0.00 $0.00 40 $24,021.20 16 EA 2                    $746.85 $1,493.70 0.00 $0.00 2 $1,493.70 17 LF 204                $28.59 $5,832.36 0.00 $0.00 217 $6,204.03 18 LF 1,586            $32.06 $50,847.16 0.00 $0.00 1,737 $55,688.22 19 LF 52                  $37.35 $1,942.20 0.00 $0.00 51 $1,904.85 20 EA 15                  $500.00 $7,500.00 0.00 $0.00 15 $7,500.00 21 LF 379                $29.50 $11,180.50 0.00 $0.00 373 $11,003.50 22 LF 387                $74.63 $28,881.81 0.00 $0.00 390 $29,105.70 23 LF 174                $70.93 $12,341.82 0.00 $0.00 174 $12,341.82 24 LF 74                  $81.80 $6,053.20 0.00 $0.00 74 $6,053.20 25 LF 11,152          $89.00 $992,528.00 0.00 $0.00 11,152 $992,528.00 26 LF 2,200            $89.00 $195,800.00 0.00 $0.00 2,200 $195,800.00 27 EA 32                  $362.03 $11,584.96 0.00 $0.00 9 $3,258.27 28 EA 1                    $1,325.00 $1,325.00 0.00 $0.00 0 $0.00 29 EA 2                    $1,337.00 $2,674.00 0.00 $0.00 0 $0.00 30 EA 3                    $543.52 $1,630.56 0.00 $0.00 4 $2,174.08 31 EA 23                  $1,498.00 $34,454.00 0.00 $0.00 23 $34,454.00 32 EA 4                    $1,520.00 $6,080.00 0.00 $0.00 4 $6,080.00 33 EA 1                    $1,589.00 $1,589.00 0.00 $0.00 1 $1,589.00 34 EA 2                    $1,657.77 $3,315.54 0.00 $0.00 1 $1,657.77 35 EA 1                    $588.10 $588.10 0.00 $0.00 1 $588.10 36 EA 1                    $762.51 $762.51 0.00 $0.00 1 $762.51 37 EA 4                    $268.40 $1,073.60 0.00 $0.00 5 $1,342.00 38 EA 4                    $322.24 $1,288.96 0.00 $0.00 2 $644.48 39 EA 1                    $506.18 $506.18 0.00 $0.00 1 $506.18 40 LS 1                    $70,092.00 $70,092.00 0.00 $0.00 1.0 $70,092.00 41 LS 1                    $55,577.00 $55,577.00 0.15 $8,336.55 1.00 $55,577.00 42 EA 27                  $57.70 $1,557.90 0.00 $0.00 7 $403.90 43 SF 96                  $7.37 $707.52 0.00 $0.00 64 $471.68 $1,808,790.41 $8,336.55 $1,792,137.05 1 LF 1,020            $3.92 $3,998.40 0 $0.00 433 $1,697.36 2 SY 1,125            $5.67 $6,378.75 0 $0.00 672 $3,810.24 3 TN 410                $29.93 $12,271.30 0 $0.00 407.7 $12,202.46 4 SY 62                  $39.21 $2,431.02 0 $0.00 17.33 $679.51 5 TN 134              $128.96 $17,280.64 0 $0.00 147.80 $19,060.29 6 TN 67                  $144.44 $9,677.48 11 $1,603.28 85.02 $12,280.29 7 GA 56                $2.06 $115.36 0 $0.00 56 $115.36 $52,152.95 $1,603.28 $49,845.51 TOTALS ‐ BASE CONTRACT $2,015,687.39 $11,621.93 $1,990,774.09 OFF ROAD STRUCTURE MARKER 4" POLYSTYRENE INSULATION 8" PLUG MJ DUCTILE IRON COMPACT FITTING 12" PLUG MJ DUCTILE IRON COMPACT FITTING 16" PLUG MJ DUCTILE IRON COMPACT FITTING SUBTOTAL ‐ DIVISION 2 SUBTOTAL ‐ DIVISION 3 DRIVEWAY RESTORATION DIVISION 3 ‐ STREETS SAWCUT BITUMINOUS PAVEMENT REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT, ALL TYPES CL.5 AGGREGATE BASE SPWEA240B BITUMINOUS WEAR COURSE, STREETS 16" DIP CL. 52 WATERMAIN 8" HDPE DR 11 WATERMAIN 12" HDPE DR 11 WATERMAIN 16" HDPE DR 11 WATERMAIN HORIZONTAL DIRECTIONAL DRILLING BORE PITS WATER SERVICE CONNECTION PITS  16"X8" TEE MJ DUCTILE IRON COMPACT FITTING 16"X12" TEE MJ DUCTILE IRON COMPACT FITTING 16"X12" CROSS MJ DUCTILE IRON COMPACT FITTING 12"X6" REDUCER MJ DUCTILE IRON COMPACT FITTING 16"X8" REDUCER MJ DUCTILE IRON COMPACT FITTING TRAFFIC CONTROL SILT FENCE REMOVE/ABANDON EXISTING WATER SERVICE ‐ ALL SIZES AND TYPES 1" CORPORATION STOP 1.5" CORPORATION STOP 2" CORPORATION STOP 1" CURB STOP AND BOX 1.5" CURB STOP AND BOX 2" CURB STOP AND BOX HYDRANT ‐ 8'‐6" BURY TREE REMOVAL INLET PROTECTION 6" TOPSOIL AND SOD TEMPORARY WATER SERVICE SUBTOTAL ‐ DIVISION 1 DIVISION 2 ‐ WATERMAIN REMOVE EXISTING WATERMAIN ‐ ALL SIZES AND TYPES ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 ‐ GENERAL MOBILIZATION SPNWB230B BITUMINOUS NON‐WEAR COURSE, STREETS BITUMINOUS MATERIAL FOR TACK COAT ABANDON EXISTING WATERMAIN IN PLACE ‐ ALL SIZES AND TYPES 8" GATE VALVE & BOX 16" BUTTERFLY VALVE & BOX SALVAGE EXISTING HYDRANT, LEAD, AND VALVE CONNECT TO EXISTING WATERMAIN 6" GATE VALVE & BOX 12" GATE VALVE & BOX 16" HDPE DR11 WATERMAIN, EXTRA DEPTH (P) 6"X45° BEND MJ DUCTILE IRON COMPACT FITTING 16"X11‐1/4° BEND MJ DUCTILE IRON COMPACT FITTING 16"X45° BEND MJ DUCTILE IRON COMPACT FITTING 8"X6" TEE MJ DUCTILE IRON COMPACT FITTING 16"X6" TEE MJ DUCTILE IRON COMPACT FITTING 1" TYPE K COPPER WATER SERVICE PIPE 1.5" TYPE K COPPER WATER SERVICE PIPE 2" TYPE K COPPER WATER SERVICE PIPE CONNECT TO EXISTING WATER SERVCIE ‐ALL SIZES AND TYPES 6" DIP CL. 52 WATERMAIN QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE CHANGE ORDER NO. 1 CO1‐1 LS 1.0 $3,810.00 $3,810.00 0 $0.00 1 $3,810.00 CO1‐2 LS 1.0 ‐$1,130.46 ‐$1,130.46 0 $0.00 1 ‐$1,130.46 CO1‐3 EA ‐1.0 $1,657.77 ‐$1,657.77 0 $0.00 0 $0.00 CO1‐4 EA ‐2.0 $322.24 ‐$644.48 0 $0.00 0 $0.00 CO1‐5 EA ‐2.0 $3,489.56 ‐$6,979.12 0 $0.00 0 $0.00 CO1‐6 EA 1.0 $852.25 $852.25 0 $0.00 1 $852.25 CO1‐7 EA 16.0 $200.00 $3,200.00 0 $0.00 16 $3,200.00 CO1‐8 EA 18.0 $832.08 $14,977.44 0 $0.00 18 $14,977.44 TOTALS ‐ CHANGE ORDER NO. 1 $12,427.86 $0.00 $21,709.23 CHANGE ORDER NO. 2 CO2‐1 LS 1.0 $3,500.00 $3,500.00 1 $3,500.00 1 $3,500.00 CO2‐2 LS 1.0 $5,600.00 $5,600.00 1 $5,600.00 1 $5,600.00 TOTALS ‐ CHANGE ORDER NO. 2 $9,100.00 $9,100.00 $9,100.00 COMPENSATING CHANGE ORDER NO. 3 CO2‐1 LS 1.0 ‐$15,631.93 ‐$15,631.93 0 $0.00 0 $0.00 TOTALS ‐ COMPENSATING CHANGE ORDER NO. 3 ‐$15,631.93 $0.00 $0.00 TOTALS ‐ REVISED CONTRACT $2,021,583.32 $20,721.93 $2,021,583.32 WATER SERVICE EXCAVATION WATER SERVICE EXCAVATION DRIVEWAY PAVEMENT ‐ DRAINAGE CORRECTION 18‐INCH HYDRANT EXTENSION FOSTOR ADAPTORS 16‐INCH SLEEVE TRAFFIC CONTROL ‐ TEMPORARY SIGNAGE RESTORATION ‐ ELIMINATE CROSS AT 10TH STREET REMOVE 16"X12" CROSS REMOVE 12" PLUG REMOVE 16" BUTTERFLY VALVE & BOX MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 CONSENT ITEM # 6 AGENDA ITEM: Downtown Phase 1 Improvements – Approve Washington County Cooperative Agreement Payment No. 1 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: None. Partial payment is proposed in accordance with Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 Improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving, as part of the Consent Agenda, payment to Washington County in the amount of $498,866.35 per the attached invoice and per section G.2 of Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 Improvements. Per the agreement the first payment is due on January 15, 2016 in the amount equal to 10% of the Estimated Phase 1 Total City Cost. The County has extended the payment due date in order to allow the City to process payment approval at the February 2, 2016 council meeting and after reviewing additional supporting documentation. City Council Meeting [Consent Agenda Item 6] February 2, 2016 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In June 2015, the City of Lake Elmo entered into Cooperative Agreement No. 9660 with Washington County to formalize the County as the project lead agency for the Downtown Phase 1 and Phase 2 Improvements, including preliminary design, final design, right-of-way acquisition, construction inspection/administration, and construction costs. The agreement further identifies the estimated cost participation by the City and payment thereof. The City’s payment schedule, as identified in section G.2 of the Cooperative Agreement is summarized as follows: 1. January 15, 2016 – an amount equal to 10% of the Estimated Phase 1 Total City Cost. The agreement identifies the estimated amount of $495,309. 2. June 15, 2016 – an amount equal to 90% of the Estimated Phase 1 Total City Cost. The agreement identifies the estimated amount of $4,457,781. 3. January 15, 2017 – an amount equal to 20% of the Estimated Phase 2 Total City Cost. The agreement identifies the estimated amount of $764,272. 4. June 15, 2017 – an amount equal to 80% of the Estimated Phase 2 Total City Cost. The agreement identifies the estimated amount of $3,057,088. Washington County recently submitted the first invoice per this agreement in the amount of $498,866.35 which varies slightly with the estimated amount at the time the agreement was executed. The following is a summary for the revised payment amount per staff discussions with the County: • Invoice #1 is 10% of the original estimated cost data used in the Cooperative Agreement with a few minor adjustments as follows: • Costs for R/W for Upper 33rd St, 36th Street and Laverne Avenue have been listed as actual Job-to-Date (JTD) at $89,452.10. Per the detail sheet this represents costs through 12/07/2015 and may not be a final cost. • Costs for R/W for the Regional Drainage Pond has been listed as actual Job-to-Date (JTD) at $427,406.65. This represents costs incurred to date but not final. • Costs for Construction Inspection/Administration have been listed as the original Cooperative Agreement estimates with additional costs added for precondition survey work by Multivista and Braun. The invoice does not reflect costs incurred to date and is not an indication in regards to the Estimate at Completion (ETC) for these services. • Preliminary/Final Design and Construction costs have been listed as the original Cooperative Agreement estimates with no change. The invoice does not reflect costs incurred to date and is not an indication in regards to Estimate at Completion (ETC) for these services. The County and City staff are aware of several Work Orders resulting in increased construction costs, however these increases have not been formally processed and are therefore not reflected in Invoice #1. City Council Meeting [Consent Agenda Item 6] February 2, 2016 -- page 3 -- RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, payment to Washington County in the amount of $498,866.35 per the attached invoice and per section G.2 of Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve payment to Washington County in the amount of $498,866.35 per the attached invoice and per section G.2 of Cooperative Agreement No. 9660 with Washington County for the Downtown Phase 1 Improvements.” ATTACHMENT(S): 1. Washington County Invoice No. 82378 and supporting detail. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 CONSENT ITEM # 7 AGENDA ITEM: Driveway Encroachment & Maintenance Agreement SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Clark Schroeder, City Administrator REVIEWED BY: Stephen Wensman, City Planner SUGGESTED ORDER OF BUSINESS (if removed from consent agenda): - Introduction of Item ..................................................................................... Staff - Report/Presentation………………………................................................Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the Driveway Encroachment and Maintenance agreement for Jeerasak Poophakumanart at PID #24.029.21.13.0004. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to authorize as part of tonight’s consent agenda, the execution of a driveway encroachment and maintenance agreement. The City has received a request to install a driveway within an unimproved portion of the public right-of-way owned by the City. Homeowner and City intend that Homeowner shall be responsible for maintaining, repairing and replacing the Private Driveway. Staff is recommending that the City Council approve the driveway encroachment and maintenance agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: [Consent Agenda Item 7] City Council Meeting February 2, 2016 -- page 2 -- “Move to approve the driveway encroachment and maintenance agreement for Jeerasak Poophakumpanart to install a driveway within an unimproved portion of the public right-of- way owned by the City.” LEGISLATIVE HISTORY: The Driveway Encroachment and Maintenance Agreement that has been submitted for Council consideration is for a driveway and has been reviewed by planning and engineering staff. The proposed driveway meets all city code requirements and Staff would have otherwise authorized construction of the driveway if it did not encroach into the unimproved portion of the public right-of-way owned by the City. BACKGROUND INFORMATION (SWOT): Strengths: The Driveway encroachment and maintenance agreement is a legal document that all property owners seeking to install driveways within unimproved portions of public right-of-way owned by the City are required to sign. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. Weaknesses: None Opportunities: None Threats: None RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the driveway encroachment and maintenance agreement as part of the Consent Agenda. If the City Council removes the item from the Consent Agenda, the recommended action can be completed through the following motion: “Move to approve the driveway encroachment and maintenance agreement for Jeerasak Poophakumpanart to install a driveway within an unimproved portion of the public right-of-way owned by the City.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 CONSENT ITEM 8 MOTION AGENDA ITEM: Department of Building Safety Summary Report. SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Clark Schroeder, Interim City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: As part of the Consent Agenda, the City Council is asked to accept the monthly Department of Building Safety summary report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. FISCAL IMPACT: Minimal staff time in preparing report. SUMMARY AND ACTION REQUESTED: The purpose of this report is to provide additional data points related to construction activity in Lake Elmo. BACKGROUND INFORMATION (SWOT): Strengths Overall improvement in reporting. Weaknesses NA Opportunities NA Threats NA RECOMMENDATION: Based on the aforementioned, the staff recommends accepting the Department of Building Safety summary report. 2016 Department of Building Safety Summary Inspections-Plan Reviews-Permits January 1 through Jan 27 2016 January February Building Building Contract Building Building Contract Official Inspector Inspector Total Official Inspector Inspector Total Inspections 75 198 273 Inspections 0 Plan Reviews 10 Plan Reviews 0 Permits 59 Permits 0 March April Building Building Contract Building Building Contract Official Inspector Inspector Total Official Inspector Inspector Total Inspections 0 Inspections 0 Plan Reviews 0 Plan Reviews 0 Permits 0 Permits 0 May June Building Building Contract Building Building Contract Official Inspector Inspector Total Official Inspector Inspector Total Inspections 0 Inspections 0 Plan Reviews 0 Plan Reviews 0 Permits 0 Permits 0 July August Building Building Contract Building Building Contract Official Inspector Inspector Total Official Inspector Inspector Total Inspections 0 Inspections 0 Plan Reviews 0 Plan Reviews 0 Permits 0 Permits 0 September October Building Building Contract Building Building Contract Official Inspector Inspector Total Official Inspector Inspector Total Inspections 0 Inspections 0 Plan Reviews 0 Plan Reviews 0 Permits 0 Permits 0 November December Building Building Contract Building Building Contract Official Inspector Inspector Total Official Inspector Inspector Total Inspections 0 Inspections 0 Plan Reviews 0 Plan Reviews 0 Permits 0 Permits 0 2016 Total year to date Building Building Contract Official Inspector Inspector Total Inspections 75 198 0 273 Plan Reviews 10 Permits 59 Please note only plan reviews that are paid are included in the reporting, there are a number in process or ready for pick-up. 59 10 10 59 MAYOR AND COUNCIL COMMUNICATION DATE: 2/2/16 CONSENT ITEM #: 9 MOTION AGENDA ITEM: Employment status of Council member 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 PUBLIC POLICY STATEMENT: Policy alignment of insurance liability coverage and handbook for City Council members. BACKGROUND AND STAFF REPORT: The Lake Elmo handbook states that the policies and procedures do not apply to sitting City Council Members. Our liability coverages states that the employees and council members are treated as employees. In order to reconcile these differences council should clarify the employment status of council members and treat council members as employees. This would also clarify that council members would be consider employees for the purposes of Minnesota Statue 13, Government data practices. https://www.revisor.mn.gov/statutes/?id=13 Approving this motion will direct staff to update the handbook to reflect the above direction. RECOMMENDATION: Motion: “For the purposes of Minnesota Statues Chapter 13 and insurance liability coverage, City Council Members should be treated as employees of the city” MAYOR AND COUNCIL COMMUNICATION DATE: 2-2-16 REGULAR ITEM #: 10 MOTION AGENDA ITEM: Easton Village Park Plan SUBMITTED BY: Clark Schroeder THROUGH: Parks Commission 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 PUBLIC POLICY STATEMENT NO POLICY BEING SET SUMMARY AND ACTION REQUESTED: Staff is requesting the city council to approve a plan for a city park which is located in Easton Village development. Purchases would still need to come to council, this is only approval of what the city is looking at putting in this city owned park. BACKGROUND AND STAFF REPORT: Easton Village is a development east of the old village bordering along Manning Avenue across from the airport. This development will entail 217 single family dwellings being built out over the next few years. The developer’s agreement states the following regarding parkland dedication. (see attached developers agreement) 19. PARK DEDICATION. The Developer shall be required to dedicate 9.84 acres of land for public park purposes for the entire subdivision. The Easton Village Final Plat includes the dedication of 3.99 acres of land, which represents 40.5% of the overall total land dedication required. Future project phases shall either include dedication of the remaining 5.85 acres of park land or a cash payment in lieu of land dedication consistent with the Lake Elmo Subdivision Ordinance. In addition the agreement states this: O. The City and Developer agree to prepare a plan for improvements to the Outlot D park area by December 15, 2015 with installation of said improvements to be completed by June 30, 2016. The Parks Commission has recommended a three phase build out based on the number of homes built. Their recommendation is 1/3 of the amenities be installed after 72 homes, 2/3 after 144 homes and 100% after all the homes are built. The attached plan and cost estimates give an estimation of the costs associated with this city park and the three phases of buildout. Because of the expense of each phase, the city would have to solicit bids for the amenities. The plans, and estimates before you today are to just set a plan in place to affirm that the city has intention of putting amenities into our park and approximately what they would be. We would need to send out a RFP for each phase and compare cost estimates per the cities purchasing policy. The opinion of the Administrator is that since the city council said they would put in amenities by June 30th 2016, we should put in the first phase of our park amenities this summer before 72 homes are completed. The additional attachment details the playset to home ratio for playground in current city parks. Please note, that other amenities such as shelter, Basketball courts, ball fields, trail, are not part of the cost listed on the sheet. When compared to other developments within the city, the total of all three phases in well within what we have done for other city parks with amenities on a per home basis. RECOMMENDATION: I offer you two motions for consideration. Motion One: Move to direct staff of solicit bids for phase one to be installed after 72 homes have been completed. Motion two: Move to direct staff to solicit bids for phase one to be installed the summer of 2016. ATTACHMENT(S): Easton Village Development agreement Easton Village outlot D Easton village illustrative site plan 2-20-15 Easton phase 1 quote Easton Phase 2 quote Easton Phase 3 quote Lake Elmo Easton Village park plan layout Lake Elmo- Easton Village rubber mulch Equipment Quotation City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Prepared For: Location: Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Quote Number:13150394 Quote Date:12/21/2015 Customer Number 5504B09 Terms of Sale:Net 30 Shipping Method:Miracle Freight Terms:Prepaid Approximate Ship Date:ASAP Cust PO Num:Phase 1 Sales Representative Payment/ Accounting Contact: Mike (651) 248-7828 Shipping/ Delivery Contact: Mike (651) 248-7828 Customer Class: 1. Parks & Rec mbouthilet@lakeelmo.org Payment Remittance: Miracle Recreation Equipment Company PO Box 204757, Dallas, TX 75320-4757 PO Remittance (if other than Sales Representative): Quantity Item Number Description 1 7145029 SQUARE DECK (ATTACHES TO 4 POSTS) 1 71453669 CST 6'6" HEXAGON DECK FOR ROOF 4 7145494 5" OD X 124" POST (4 DECK) 6 71457218 5" OD X 18" POST EXTENSION W/HARDWARE 1 7147148 RACE CAR PANEL W/WHEEL 1 7147196 CLIFF CLIMBER (6'6" DECK) 1 7147264 MOGUL SLIDE-ONE PIECE (4' DECK) 1 714734 SAFETY PANEL AGES 5-12, FREE STANDING 1 7147554 HONEYCOMB CLIMBER (4' DECK) 1 71475969 9'4" TYP SLIDE 630 D (6' & 6'6" DECK) 1 714808 CLIMBING POLE (3', 5' OR 6'6" DECK) 1 7148161 WIRE MESH ENCLOSURE 1 71485149 SQUARE TRANSFER POINT W/CLOSED HR (4' DECK) 1 7148626 ROOF FOR HEXAGON DECK, PERF STEEL 1 7149609 ADA STAIRS BETWEEN DECKS W/2' 6" RISE 1 753 MAYPOLE 1 2720 SWG PART THERAPEUTIC SWG SEAT W/CHAIN (8' TR) 2 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 1 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 1 7147352 5" OD SINGLE POST SWG FRAME ONLY 2 SEATS REQ 1 7147352HHX 5" OD ADD-A-BAY 8' TR (2) THERA SEAT REQ MC Page 1 of 3Rep #: 13 Order #: 13150394 Rev E 021815 Equipment Total:$34,490.00 Freight:$1,969.32 Installation:$8,620.00 Discount:$8,622.50 Grand Total:$36,456.82 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number:13150394 Quote Date:12/21/2015 Equipment Total:$34,490.00 Grand Total:$36,456.82 Submitted By Printed Name and Title Date By:Date: ADDITIONAL TERMS CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. Page 2 of 3Rep #: 13 Order #: 13150394 Rev E 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Page 3 of 3Rep #: 13 Order #: 13150394 Rev E 021815 Equipment Quotation City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Prepared For: Location: Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Quote Number:13150395 Quote Date:12/21/2015 Customer Number 5504B09 Terms of Sale:Net 30 Shipping Method:Miracle Freight Terms:Prepaid Approximate Ship Date:ASAP Cust PO Num:Phase 2 Sales Representative Payment/ Accounting Contact: Mike (651) 248-7828 Shipping/ Delivery Contact: Mike (651) 248-7828 Customer Class: 1. Parks & Rec mbouthilet@lakeelmo.org Payment Remittance: Miracle Recreation Equipment Company PO Box 204757, Dallas, TX 75320-4757 PO Remittance (if other than Sales Representative): Quantity Item Number Description 1 4424 WEBSCAPES PEGASUS 4M ACTIVITY NET 1 7145029 SQUARE DECK (ATTACHES TO 4 POSTS) 4 714553 5" OD X 160" POST (5'6" TO 6'6" DECKS) 1 7146616 DNA CLIMBER (6' & 6'6" DECK) 1 7147142HB FIRE TRUCK 1/2 PANEL (BELOW DECK) 1 7147239 8' BURMA BRIDGE 1 7147716S DUPLI-GATOR SLIDE (6' & 6'6" DECK) 1 7149746 WIGGLY WORM CLIMBER (5' OR 6'6" DECK) 1 6063 REFLEX 1 7189941 FUN FONE PAIR (2 FONES) W/ONE (1) POST Equipment Total:$34,236.00 Freight:$1,667.50 Installation:$8,700.00 Discount:$6,847.20 Grand Total:$37,756.30 Page 1 of 3Rep #: 13 Order #: 13150395 Rev E 021815 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number:13150395 Quote Date:12/21/2015 Equipment Total:$34,236.00 Grand Total:$37,756.30 Submitted By Printed Name and Title Date By:Date: ADDITIONAL TERMS CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. Page 2 of 3Rep #: 13 Order #: 13150395 Rev E 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Page 3 of 3Rep #: 13 Order #: 13150395 Rev E 021815 Equipment Quotation City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Prepared For: Location: Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Quote Number:13150396 Quote Date:12/21/2015 Customer Number 5504B09 Terms of Sale:Net 30 Shipping Method:Miracle Freight Terms:Prepaid Approximate Ship Date:ASAP Cust PO Num:Phase 3 Sales Representative Payment/ Accounting Contact: Mike (651) 248-7828 Shipping/ Delivery Contact: Mike (651) 248-7828 Customer Class: 1. Parks & Rec mbouthilet@lakeelmo.org Payment Remittance: Miracle Recreation Equipment Company PO Box 204757, Dallas, TX 75320-4757 PO Remittance (if other than Sales Representative): Quantity Item Number Description 1 7147341 SAFETY PANEL AGES 2-5, FREE STANDING 1 953 ATV "C" SPRING RIDER 3 7185019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 1 7185049 1/2 HEX OPEN DECK (ATTACHES TO 5 POSTS) 1 718552 3 1/2" OD X 130" POST (3' TO 5' DECKS) 6 718573 3 1/2" OD X 162" POST FOR ROOF (3'6" TO 5'DK) 1 7187264 MOGUL SLIDE (4' DECK) 1 7187306 HEXAGON TREE HOUSE ROOF 1 71874849 6'2" TYPHOON II SLIDE 360 DEG (4' DECK) 1 71875734 45 DEG SLOPED CLIMBING WALL (3' & 4' DECK) 1 7187633B 3-LETTER WORD SPELLER PANEL (BELOW DECK) 1 7187635 PLANET PANEL 1 718812 12" RISER PLATE 1 718851359 SQUARE TRANSFER POINT W/OPEN HR (3' DECK) 1 7189173 CURVED TENSILE CLIMBER (3' DECK) 1 7189941Z FUN FONE PRICE INCLUDED IN 7189941 Equipment Total:$19,335.00 Freight:$1,596.66 Installation:$5,325.00 Discount:$2,900.25 Grand Total:$23,356.41 Page 1 of 3Rep #: 13 Order #: 13150396 Rev E 021815 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number:13150396 Quote Date:12/21/2015 Equipment Total:$19,335.00 Grand Total:$23,356.41 Submitted By Printed Name and Title Date By:Date: ADDITIONAL TERMS CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. Page 2 of 3Rep #: 13 Order #: 13150396 Rev E 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Page 3 of 3Rep #: 13 Order #: 13150396 Rev E 021815 1442 Brooke Court · Hastings, MN 55033-3266 (651) 438-3630 · Fax: (651) 438-3939 (800 677-5153 www.webberrec.com December 21, 2015 City of Lake Elmo ATTN: Mike Bouthilet 3800 Laverne Avenue N. Lake Elmo, MN 55042 Dear Mike, Below is the surfacing and playground concrete border cost for Easton Village Park playground. SuperSacs of Colored Rubber Mulch Delivered Only $ 9- 4’x6’x2” Dyna Cushion Mats Delivered Only 2,430.00 424 lineal feet of 6”x12” playground curbing 11,350.00 Total Rubber Mulch, Dyna Cushion Mats and Concrete curbing Cost $ Concrete costs do not include shelter slab or sidewalk. Optional Goalsetter Basketball Goals (2) $ 1,950.00/each $ 3,900.00 Delivery to Lake Elmo, MN 380.00 Goalsetter Installation (2) 1,800.00 Total Delivered and installed Goalsetters (2) $ 6,080.00 Does not include basketball court surface. If you have any questions or need clarification, please feel free to give me a call. Sincerely, Jay Webber- President WEBBER RECREATIONAL DESIGN, Inc. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 REGULAR ITEM # 11 AGENDA ITEM: Inwood Water Booster Station Improvements – Approve Plans and Specifications and Order Advertisement for Bids SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................. City Engineer - Report/Presentation .................................................................................. City Engineer - Questions from Council to Staff ......................................................... Mayor Facilitates - Public Input, if Appropriate .............................................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. The Inwood Booster Station Improvements are being completed in conjunction with the Inwood Trunk Watermain Improvements which is being bid as a separate construction package. The project is scheduled to be paid through a combination of the City’s Water Enterprise Fund, bonding, and MN-DEED grants. Approval of this resolution does not commit the council to the project costs. Once contractor bids are received, the actual construction costs will be known and the council will be asked to consider entering into a contract to complete the work. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the plans and specifications and ordering the advertisement for bids for the Inwood Water Booster Station. The recommended motion for this action is as follows: City Council Meeting [Regular Agenda Item 11] February 2, 2016 -- page 2 -- “Move to approve Resolution No. 2016-07, approving the plans and specifications and ordering the advertisement for bids for the Inwood Water Booster Station.” LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In accordance with the 2016 Capital Improvement Plan, the City is proposing to build a booster station necessary to deliver City water service to support the growth and development in the I-94 corridor. This project is part of the overall water system master plan and will help to provide water service to the new developments between Keats Avenue and Inwood Avenue, including Savona (Lennar), Boulder Ponds (Excelsior Group), Hammes Estates, Inwood PUD (Hans Hagen), and the existing properties within the Eagle Point Business Park. On January 21, 2014, the council authorized the preparation of plans and specifications for the Inwood Booster Station. Then on April 15, 2014 the project was put on hold and the bid date delayed until such a time that the City Administrator could secure the MN-DEED Water System Grant. The project funding has now been secured and the design consultant, MSA Professional Services, Inc., has completed the construction documents for the improvements to be constructed in 2016. The improvements include the construction of a 40-foot by 28-foot structure to house pumps, discharge piping, electrical equipment, and chemical feed equipment. The structure will be a slab on grade with masonry load bearing walls and a protective/water resistant ceiling. The exterior architecture follows the direction provided by Council at the October 6, 2015 Council meeting including a prairie style roof, and stone veneer siding on the two more visible building sides. RECOMMENDATION: Staff is recommending that the City Council approve the plans and specifications and order the advertisement for bids for the Inwood Water Booster Station Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2016-07, approving the plans and specifications and ordering the advertisement for bids for the Inwood Water Booster Station.” ATTACHMENT(S): 1. Resolution 2016-07 Approving Plans and Specifications and Ordering Advertisement for Bids. 2.Location Map. 3.Project Schedule. 4.Inwood Booster Station Improvements Plans and Specification (available for review at City Hall). Resolution No. 2016-XX 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-07 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE INWOOD BOOSTER STATION WHEREAS, pursuant to a resolution passed by the City Council on the 21st day of January 2014, the City Engineer, together with MSA Professional Services, Inc. has prepared plans and specifications for the Inwood Booster Station and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1.Such plans and specifications, a copy of which is on file at Lake Elmo City Hall, andmade a part hereof, are hereby approved. 2.The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans andspecifications. The advertisement shall be published for at least 21 days, shall specify thework to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier’s check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF FEBRUARY 2016. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk PROJECT SCHEDULE CITY OF LAKE ELMO INWOOD BOOSTER STATION PROJECT NO. 2014.129 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 JANUARY 2016 January 21, 2014 Council Orders the Improvement for the Inwood Booster Station and the preparation of Plans and Specifications. Project is delayed due to delay in receipt of MN-DEED Water System Grant. February 2, 2016 Council approves Plans and Specifications and orders Advertisement for Bids. March 3, 2016 Receive Contractor Bids. March 15, 2016 Council accepts Bids and awards Contract. April 14, 2016 Conduct Pre-construction meeting and issue Notice to Proceed. October 31, 2016 Substantial Completion (booster station online and operational). January 15, 2017 Final Completion (punch list and final paperwork). MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 2, 2016 REGULAR ITEM # 12 AGENDA ITEM: Old Village Phase 2: Street, Drainage, and Utility Improvements – Authorize Preparation of a Feasibility Report SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Chad Isakson, Project Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................. City Engineer - Report/Presentation………………………………………… .................. City Engineer - Questions from Council to Staff ............................................. Mayor Facilitates - 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: $5,500. If authorized, FOCUS Engineering Inc., will prepare a feasibility report in the not to exceed amount of $5,500 for the Old Village Phase 2 Street, Drainage, and Utility Improvements. If the improvements are ordered, the report costs will be charged against the project fund and become assessable to the benefitting properties. Should the project not be constructed, the report costs cannot be assessed. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Resolution No. 2016-XX, Ordering the Preparation of a Feasibility Report meeting MN State Statute 429 for the Old City Council Meeting [Regular Agenda Item 12] February 2, 2016 -- page 2 -- Village Phase 2 Street, Drainage, and Utility Improvements so that the costs may be wholly or partially assessed to the benefitting properties. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The City of Lake Elmo and Washington County have been working jointly on the Old Village Improvements Project: Phase 1 and Phase 2 for the past year and a half to improve the Old Village and extend municipal sanitary sewer service into the downtown area. The Phase 1 Improvements occurred over the past construction season and design for the Phase 2 Improvements is ongoing with construction scheduled to begin in the summer of 2016. Phase 2 improvements include street, drainage, sanitary sewer and watermain along 30th Street North from the Reid Park lift station to Lake Elmo Avenue and Lake Elmo Avenue from 30th Street to County State Aid Highway (CSAH) 14. While Washington County is the lead agency for the project, each entity will be responsible for sharing in the project costs consistent with the project Cooperative Agreement No. 9660. Special assessments have been identified as one of the available funding mechanisms for the improvements where the benefiting properties are specially assessed all or a portion of the cost of the improvement, pursuant to the City’s Special Assessment Policy, the project assessment methodology used for the Phase 1 Improvements, and Minnesota Statues, Chapter 429. In order to maintain special assessments as a viable funding alternative, the City Council must direct the preparation of a feasibility report meeting the statutory process for public improvements that are specially assessed. The report will advise on the improvements being recommended along each corridor, provide estimated project costs for the City cost participation of the recommended improvements, including easement and right-of-way, permits, and other requirements of other local agencies needed to implement the improvements, recommend whether the improvements should be made as proposed or in connection with some other improvement, and advise if the improvements are necessary, cost effective, and feasible. The Report will also provide a preliminary assessment roll for each of the benefitting properties consistent with the project assessment methodologies used for the Phase 1 Improvements. Utility improvements will address both sanitary sewer service to replace individual on-site treatment systems and replacement of aging watermain infrastructure. Costs will be provided by Washington County’s design consultant based upon the Washington County cost participation policy and in accordance with the project Cooperative Agreement. Streetscape improvement costs (landscaping, street lighting, etc.) will be included in the scope of this report. These costs reflect the design direction previously provided by the City Council. City Council Meeting [Regular Agenda Item 12] February 2, 2016 -- page 3 -- RECOMMENDATION: Staff is recommending that the City Council authorize FOCUS Engineering, Inc. to prepare a Feasibility Report for the Old Village Phase 2 Street, Drainage, and Utility Improvements in the estimated amount of $5,500. The recommended motion for this action is as follows: “Move to approve Resolution No. 2016-08, Ordering preparation of a Feasibility Report by FOCUS Engineering for the Old Village Phase 2 Street, Drainage, and Utility Improvements in a not to exceed amount of $5,500.” ATTACHMENT(S): 1. Resolution No. 2016-08, Ordering Preparation of a Feasibility Report. 2.Location Map.3.Project Schedule. Resolution No. 2016-08 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-08 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the City of Lake Elmo and Washington County have entered into a Cooperative Agreement to jointly make Street, Drainage and Utility Improvements to City and County infrastructure in and around the Old Village area in downtown Lake Elmo; and WHEREAS, the improvements are being completed in two phases with Old Village Phase 1 consisting of a portion of the City streets including Upper 33rd Street North and Laverne Avenue North, and including the construction of the Regional Infiltration Pond; and the Old Village Phase 2 consisting of CSAH 17 (Lake Elmo Avenue) from CSAH 14 (Old Hwy 5) to 30th Street, and 30th Street from CSAH 17 east to the Reid Park lift station; and WHEREAS, the Old Village Phase 1 Improvements began construction in 2015 and the Old Village Phase 2 Improvements are proposed for construction beginning in 2016; and WHEREAS, each entity is responsible for sharing in the project costs per Cooperative Agreement No. 9660, dated June 2015; and WHEREAS, the Phase 2 Improvements includes street, drainage and utility improvements, including the extension of sanitary sewer service and replacement of aging watermain infrastructure along the following corridors; •30th Street North, from the Reid Park lift station to Lake Elmo Avenue. •Lake Elmo Avenue, from 30th Street North to CSAH 14. WHEREAS, it is proposed to assess the benefiting properties for all or a portion of the cost of the improvement, pursuant to the City’s Special Assessment Policy and Minnesota Statues, Chapter 429. NOW, THEREFORE, IT IS HEREBY RESOLVED, That the proposed improvement, called the Old Village Phase 2 Street, Drainage, and Utility Improvements, be referred to the City Engineer and FOCUS Engineering, and that FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should be best made as proposed or in connection with some other improvement; using estimated costs for the recommended Resolution No. 2016-08 2 improvements as determined by the County’s design consultant; and a description of the methodology used to calculate individual assessments for affected parcels. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF FEBRUARY 2016. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk PROJECT SCHEDULE CITY OF LAK ELMO OLD VILLAGE PHASE 2: STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2013.134 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 JANUARY 2016 FEBRUARY 5, 2015 Council approves Phase 2 Municipal Consent. County proceeds with Final Design. FEBRUARY 2, 2016 Council authorizes the preparation of the Phase 2 Feasibility Report. FEBRAURY 16, 2016 County presents final plans and specifications. No formal action required. MARCH 1, 2016 County posts advertisement for bid. MARCH 15, 2016 Council accepts Report and adopts project assessment policy. Calls Public Improvement Hearing. MARCH 24, 2016 Notice of Public Hearing (Publish April 4 and April 11, 2016). APRIL 1, 2015 County Accepts Contractor Bids. APRIL 19, 2015 Public Improvement Hearing. Council approves “Concurrence” to award contract. Council Orders the Improvement for the Old Village Phase 2: Street, Drainage, and Utility Improvements (Requires 4/5th vote). MAY, 2016 Start of Phase 2 Construction. • NOVEMBER, 2016 Substantial Completion. • JULY, 2017 Final Completion. MAYOR AND COUNCIL COMMUNICATION DATE: 2/2/16 REGULAR ITEM #: 13 MOTION AGENDA ITEM: Aquatic invasive Species Grant support 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 PUBLIC POLICY STATEMENT Policy statement of support for Washington county grants for aquatic invasive species. SUMMARY AND ACTION REQUESTED: The administrator recommends that the city council support the recommended treatment methods proposed in the grant applications for aquatic invasive species (AIS) in the City of Lake Elmo. BACKGROUND AND STAFF REPORT: Washington County has received proposals (attached) for Aquatic Invasive Species (AIS) grant funds from the Lake Demontreville and Olson Lake Association, and the Lake Elmo Lake Association. Washington County welcomes Lake Elmo’s review of these proposals, and humbly requests that the City provide the County with any comments or feedback on the proposals by February 3, 2016. All AIS grant requests that meet the requirements of the Request for Proposals issued on December 14, 2015 will be shared with the Washington County Board of Commissioners in a workshop on February 16, 2016. Grant agreements will be finalized between that date and early to mid-March, when formal Board action will be taken to approve projects and grant funding. RECOMMENDATION: Motion: “The City of Lake Elmo supports the Aquatic Invasive Species grants for Lake Demontreville and Olson Lake Association, and the Lake Elmo Lake Association for the 2016 grant period” ATTACHMENT(S): Lake Demontreville Olson Association_2016 grant proposal for Washington County AIS funding Lake Elmo Lake Association_Washington County Grant Application - January 2016 Letter of support 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org To: Colin Kelly Senior Planner Washington County From: City of Lake Elmo Date: February 2, 2016 The City Council of Lake Elmo do hereby fully support the suggested treatments for Aquatic Invasive Species (AIS) in the grant applications from the Lake Demontreville and Olson Lake Association, and the Lake Elmo Lake Association. These Washington County grants and the proposed treatments by the above named lake associations are an important part of keeping AIS from spreading to other Washington County lakes in addition to maintaining lake health and recreation options for the proposed lakes. The City of Lake Elmo encourages Washington County to approve these grants and move forward with these important projects. On behalf of the whole Lake Elmo City Council. Mayor Pearson _________________________________ 1 Proposal for Washington County AIS Grant funding of Lake Demontreville & Lake Olson EWM management project January 13, 2016 The Lake Demontreville & Olson Association is pleased to submit the following proposal for a Washington County AIS Grant. This proposal requests a $ 18,750 grant award to reduce Eurasian Water Milfoil (EWM) in Lake Demontreville and Olson using herbicide treatments applied by a licensed contractor in accordance with DNR regulations. This is the second year of a multi-year program recommended by the Minnesota DNR. Their recommended approach is to manage the impact of EWM infestation by identifying and then treating the highest density EWM areas of each lake up to the maximum annual DNR limit. Our 2015 project was partially funded by the Washington County AIS grant awarded last year through the Valley Branch Watershed District. Our Association is applying directly for this grant as the VBWD will not be coordinating the 2016 program. We thank you for the funding Washington County AIS provided to us in 2015. Now, your consideration of this 2016 grant proposal to continue our EWM management program will be gratefully appreciated. If you have any questions or require additional information during the evaluation of this request, please let me know. Thanks for your support Roger Johnson, President Lake Demontreville Olson Association 8048 Hill Trail North, Lake Elmo, MN 55042 Email: rocan1@comcast.net Tele: 651-777-7766 Cell: 651-402-8541 2 Table of Contents: Introduction to Lake Demontreville and Lake Olson 3 Profile 4 Project support team 5 Project Description 8 Project Goals 8 Scope of work and Timeline 8 Implementation Plan, Deliverables, and performance measurements 9 Budget 9 Outreach/Collaborations 10 Evidence Supporting Approach 10 Prior Washington County Work and conflicts of interest 10 3 Introduction to Lake Demontreville and Lake Olson: Lake Demontreville and Olson are very popular east metro Bass fishing lakes which have special DNR “Catch and Release” restrictions. The lakes are also popular for all types of motorized and non-motorized boating activities. Lake Demontreville is a 157 acre lake and Lake Olson has 89 surface acres. A navigable channel connects their waters. Nearly 90% of their combined 246 acres are “littoral” (under15 ft deep). Eurasian Water Milfoil (EWM) typically prospers in 1-15 ft water… so EWM is prevalent in mid-lake as well as near shore. Both lakes are typically less than 1000ft wide. Their shorelines are fully developed with homes on every lot with the exception of the east shore of Demontreville which is occupied by the Jesuit Reatreat, Carmelite Convent, and Carmelite Hermitage. The public access for these lakes is on Demontreville Road with easy access to highway 36. The access parking lot is often filled to capacity. There are 21 parking spots with overflow parking available in Oakdale. According to DNR and City of Lake Elmo studies, the number of launches per hour at the Demontreville boat ramp and the boat density per surface acre on these lakes is typically more than twice that of the other lakes within the City of Lake Elmo. 4 Profile: The Lake Demontreville & Olson Association (LDO) is a voluntary organization of shoreline property owners. Its' chartered purpose is to preserve, protect, and improve the water and shoreline health of Lake Demontreville and Lake Olson which are linked via a navigable channel. The Association originated in 1985 and has sponsored weed and algae control programs since 1991. From 1991 till present, the Association has managed annual shoreline/dockside chemical treatments for reducing Curly Leaf Pondweed infestations and periodic Lake-wide Algae reduction programs whenever Secchi Disc water clarity readings deteriorated below one meter. The Association’s focus expanded to Eurasian Water Milfoil (EWM) when it was first discovered near the Lake Demontreville public landing in 2005. With cooperation from the Minnesota DNR, the LDO association orchestrated a treatment of the public landing bay in 2009. That treatment was successful in reducing EWM for a few subsequent years. Then, in 2012 the EWM began to migrate through Lake Demontreville and in 2014 it moved into Lake Olson. By the spring of 2015 EWM was prevalent throughout both lakes. In 2015, the Association partnered with the Valley Branch Watershed District (VBWD) on an aggressive multi-lake treatment program which slowed migration and provided excellent seasonal relief to the infestation in Lake Demontreville and Lake Olson. Unfortunately, many EWM plants re-grew through the season and by last fall were at or near the surface across both lakes. Left unchecked, EWM is projected to be even more invasive during the summer of 2016. It will eventually form mats and entirely cover these small shallow lakes, making them unsuitable for swimming, fishing, or any watercraft activities (motorized or un-motorized). For that reason, LDO Association is seeking Washington County support for a 2016 treatment program similar to the Lake Demontreville and Lake Olson portion of the 2015 project managed by the VBWD. This project will be completed in compliance with all applicable MN DNR rules and regulations. 5 Project Team: The Lake Demontreville & Olson Association will lead this 2016 project. The team which may provide support to complete the 2016 EWM reduction project for Lake Demontreville and Lake Olson includes the following entities. Lake Demontreville Olson Association (LDO)… 8048 Hill Trail North, Lake Elmo, MN 55042 Tele: 651-777-7766 Email: rocan1@comcast.net Contact: Roger Johnson The Lake Demontreville & Olson Association (LDO) is a voluntary organization of shoreline property owners. Its' chartered purpose is to preserve, protect, and improve the water and shoreline health of Lake Demontreville and Lake Olson which are linked via a navigable channel. The Association originated in 1985 and has sponsored weed and algae control programs since 1991. From 1991 till present, the Association has managed annual shoreline/dockside chemical treatments for reducing Curly Leaf Pondweed infestations and periodic Lake-wide Algae reduction programs whenever Secchi Disc water clarity readings deteriorated below one meter. LDO member/volunteers have coordinated all DNR permitting, chemical spraying by qualified contractors, lake temperature, clarity, and water analysis sampling for its’ treatment programs every year since 1991. Association member/volunteers will also lead and provide these services for the proposed 2016 project. Valley Branch Watershed District… P.O. Box 838, Lake Elmo, 55042 Tele: 952-832-2622 Website: VBWD.org Contact: David Bucheck The VBWD is a special purpose unit of local government that manages water resources within an approximately 70 square mile watershed located on the eastern edge of the Minneapolis-St. Paul metropolitan area, in Washington and Ramsey counties. Since its inception, the VBWD has spent over four decades implementing projects, studies, programs, and education to address flooding, water quality, groundwater, and ecological issues within its jurisdiction. A goal of the VBWD is to improve and protect water resources; to that end, the VBWD seeks to manage AIS in its water bodies. The district provides technical support to state agencies, cities, townships, lake associations, and others seeking to manage AIS within the VBWD’s jurisdiction. Technical support provided from 2012 to 2015 included conducting point-intercept plant surveys, preparing lake vegetation management plans, completing AIS management permit applications, designing herbicide treatment programs, providing presentations for public meetings, coordinating with the Minnesota Department of Natural Resources (DNR), and conducting other technical analyses. The VBWD was the lead for the 2015 multi-lake AIS project which was partially funded by last years’ Washington County AIS grant program 6 Barr Engineering Company… 4700 77th St W, Edina, MN Tele: (952) 832-2600 Website: barr.com Contacts: John Hanson or Meg Rattei Barr Engineering Co. provides engineering and environmental consulting services to clients across the Midwest, throughout the Americas, and around the world. Today, Barr has more than 750 employees located in Minnesota, North Dakota, Missouri, Michigan, and in Alberta, Canada. Working together, their engineers, scientists, and support specialists help clients develop, manage, and restore natural resources. Barr has prepared aquatic plant management plans for more than 20 lakes and has implemented AIS management projects on seven lakes. These projects have reduced invasive species to low levels and protected native plants from harm. As a subcontractor to VBWD, Barr Engineering coordinated the 2015 multi-lake AIS project which was partially funded by last years’ Washington County AIS grant program. PLM Lake & Land Management Corp… PO box 328, Brainerd, MN 56401 Tele: (218) 568-5379 Website: plmcorp.net Contact: Paul Selter For over 30 years, PLM Lake & Land Management Corp has been protecting properties from the aesthetic and economic damage caused by invasive plant species. PLM is one of the largest aquatic herbicide and algaecide application companies in the U.S. Their state-of-the-art equipment uses GPS and computer processors to distribute precise rates of herbicide application regardless of boat speed or direction. PLM regularly performs herbicide applications on AIS-infested lakes and was the applicator which completed the successful 2015 project on Lake Demontreville and Lake Olson. Lake Improvement Consulting LLC… 13787 40th Street North, Stillwater, Mn 55082 Tele: 952-944-2565 Website: lakeimprovementconsulting.com Contact: Paul Kaari Lake Improvement Consulting has provided annual shoreline and algae reduction treatment services to Lake Demontreville and Lake Olson more than a decade. They also were the applicator for the 2009 EWM treatment of the public landing bay of Lake Demontreville. Lake Improvement Consulting also provides lake vegetation management services to many other lakes and ponds in Washington County and throughout the state. Their new state of the art computer/GPS system assures precise herbicide placement to optimize treatment results. 7 Lake Restoration Inc… 12425 Ironwood Circle, Rogers, Minnesota 55374 Tele: (763) 428-9777 Website: lakerestoration.com Contact: Chad Hadler Lake Restoration has managed aquatic vegetation in lakes and ponds since 1977. Their application technique uses a microprocessor for uniform application of the product. After the appropriate application rate is entered into the microprocessor, the valves adjust the flow of aquatic herbicide being applied based on the speed of the application boat. Adjustable height submerged trailing hoses are used for aquatic herbicide application placement within the biomass of the target plant species. GPS-enabled application equipment accurately places the aquatic herbicide within the approved treatment location. Lake Restoration performed the 2011 and 2013 applications on Long Lake. Endangered Resources Services, LLC… 572 North Day Road, St Croix Falls, WI 54024 Tele: (715) 483-2847 Contact: Matthew Berg saintcroixdfly@gmail.com Since 2002, Endangered Resources Services has provided biological surveys including baseline data, long- term monitoring, and habitat restoration projects. They specialize in conducting point-intercept plant surveys on lakes and rivers for clients such as the National Park Service, Department of Natural Resources, private engineering firms, and lake associations. Specialty areas also include aquatic and emergent plants, freshwater mussels, dragonflies, and breeding songbirds. Endangered Resources Services completed annual point-intercept surveys on Long Lake, Lake DeMontreville, Lake Olson, Lake Jane, and Lake Elmo during 2012 through 2015. Freshwater Scientific Services, LLC… 18029 83rd Ave N, Maple Grove, MN 55311 Tele: (651) 336-8696 Contact: James Johnson Freshwater Scientific Services has been in the business of aquatic plant monitoring & management planning since 2003. They have vast experience in evaluation of lake-wide, early season herbicide treatments for controlling invasive species in Minnesota lakes. And, they have evaluated the effects of repeated, early season, herbicide treatments on the native macrophyte assemblages. Blue Water Science, LLC… 550 Snelling Ave, St. Paul, MN 55116 Tele: 651-690-9602 Contact: Steve McComas Blue Water Science, has been working on lakes and streams for over 30 years and specializes in lake management and lake restoration projects with an emphasis on innovative approaches for lake protection and improvement. They have conducted hundreds of aquatic plant management surveys throughout the Midwest. 8 Project description: 2016 Lake Demontreville & Lake Olson EWM management project. The proposed project is to reduce EWM density in Lake Demontreville and Lake Olson using herbicide treatments applied by a licensed contractor in accordance with DNR regulations. This is the second year of a multi-year program recommended by the Minnesota DNR. The approach is to manage the impact of EWM by identifying and then treating the highest density EWM areas of each lake up to the maximum allowable DNR limit. Project Goals: The long term goal of this project is to reduce the EWM infestation of Lake Demontreville and Lake Olson. The 2016 goal is to knock down the EWM plants in the spring and to reduce the formation of EWM surface mats throughout the summer months. Accomplishment of this goal means less EWM plant fragmentation which reduces spread of the plant within the lake, less downstream migration, and fewer transfer of EWM to other lakes via contaminated boats and trailers. Scope of work and timeline: May –June 2016…timing is dependent on ice out date and water temperatures 1. Complete a spring EWM delineation survey to identify high density EWM areas for treatment. 2. Work with DNR Aquatic Invasive Species specialists to define appropriate EWM treatment areas. 3. Gain approval for DNR Aquatic Invasive Species permit to apply proper herbicide dosage to target EWM growth areas. 4. Contract with licensed applicator to treat permitted areas in accordance with DNR regulations. 5. Monitor lake water temperature gradient to determine optimum timing of treatments. 6. Coordinate timely application of DNR approved herbicide by the licensed applicator/contractor. 7. Collect water samples and coordinate lab analysis of herbicide concentrations 1 and 3 days after treatment if such is required by DNR permit. July 2016 8. Complete a post treatment assessment of EWM plant kill/survival 30 days after treatment. 9 Implementation plan, Deliverables, and Performance Measurements: 1. Spring EWM delineation with GPS mapping of highest density EWM areas completed by LDO volunteers or contractor. 2. Approved DNR Aquatic Invasive Species permit for target treatment area. 3. Treatment report issued by licensed applicator/contractor after herbicide application. 4. Post treatment 30 day assessment report completed by LDO volunteers or contractor. Budget: Spring EWM delineation study $ 1,500 DNR Aquatic Invasive Species permit fee $ 0 Licensed applicator treatment and reporting expense* $ 15,000 Water sample analysis $ 750 Post treatment assessment study $ 1,500 ___________________________________________________________________________________ Total project $ 18,750 * Herbicide treatment cost is dependent upon depth and diversity of treatment areas. The cost is not finalized till a DNR permit is issued with the treatment area defined. The above $15,000 estimate is based on last falls’ assessment of high density EWM locations and the expectation of related treatment area/depth. Project costs not funded by this Washington County grant will be paid by the Lake Demontreville & Olson Association, with possible additional funding assistance from the DNR, VBWD, and/or City of Lake Elmo. 10 Outreach/Collaborations: LDO has established a great relationship with the DNR and VBWD. We have worked together to plot a course for appropriate and careful AIS management of the EWM infestation of Lake Demontreville and Lake Olson. The treatment plan presented in this grant request is the second year of the agreed upon program. Results from this year will be reviewed and used in our further efforts to control EWM in our lakes and others throughout the state. LDO is an active participate on the VBWD Citizen Advisory Committee on invasive species. Representatives from all five Washington County lakes within the Valley Branch Watershed serve on the committee. The committee meets regularly to collaborate regarding invasive species issues, including management of current AIS infestations and prevention of additional AIS infestations. LDO members have also participated in the Washington County Conservation District AIS meetings to share experiences with lake associations throughout the county. Evidence Supporting Approach: The herbicide approach we are employing to manage the EWM infestation of Lake Demontreville and Lake Olson is the most aggressive allowed by the MN DNR. As mentioned earlier, we are in the second year of this long range program…the final outcome of which will not be apparent for several more years. Prior Washington County Work and potential conflicts: This is the second year of a multi-year EWM reduction program recommended by the Minnesota DNR. The approach is to manage the impact of EWM by identifying and then treating the highest density EWM areas of each lake up to the maximum annual DNR limit. The first year was partially funded by the 2015 Washington County AIS grant awarded last year through the Valley Branch Watershed District. Our Association is applying directly for this 2016 grant as the VBWD will not be coordinating this years’ program. No conflicts of interest are known to exist between Washington County, our association and/or any of our supporting team. MAYOR AND COUNCIL COMMUNICATION DATE: 2/2/16 REGULAR ITEM #: 14 MOTION AGENDA ITEM: Employee wage adjustments SUBMITTED BY: Clark Schroeder THROUGH: Mike Pearson and Julie Fliflet 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 PUBLIC POLICY STATEMENT SET POLICY FOR GRANTING EMPLOYEE RAISES SUMMARY AND ACTION REQUESTED: The HR committee has recommended one method of granting raises to employees and the Mayor would like to consider another method for granting raises. Since the HR committee only makes recommendations either to the City Clerk and Administrator for administrative decision, or the City Council for policy decision, these opposing recommendations should vetted by the full council. BACKGROUND AND STAFF REPORT: The HR committee has made a recommendation that employee reviews along with 360 feedback be done in January/February and raises determined in June/July. The thought, is that this would provide 6 months of coaching from supervisors to address any concerns that are in the reviews and allow the employees to make progress toward continual improvement. The hope is that employees would be coached to increase their performance in such a fashion that they excel at what they do and are reward as such. Wage increase recommendations would take into account the fact that wages would not be adjusted till this summer and at the same time allow consideration for new employees which otherwise would not be eligible for raise consideration. This could be the way annual wage determinations are done from now on with summer time adjustments. An alternative method of wage determination is to grant cost of living increases during January along with reviews and adjustments beyond that in the summer for employees who go above and beyond in their jobs. This would incentify employees to go above their normal work duties while at the same time address employee retention within the city. Since the writer of the document was not at all the HR committee meetings, I asked the HR committee chairperson to summarize the views of the committee regarding this matter. The HR committee discussed the city’s performance review/wage increase process. It was noted that some improvements were needed and could be made. The HR Committee sought to add a 360 feedback element for the Administrator and other Department Heads, and also sought to separate the performance review discussion from the raise discussion. Two members of the HR Committee who are also HR Professionals follow this process of separating the performance review from the raise discussion in their organizations. They have found it to be a better practice that works well and allows for the performance review to focus on coaching and development, which is what it should be about. It also gives time for employees to work on any areas of needed improvement and to show this improvement before raises are awarded which is a positive practice. The HR Committee in conjunction with the City Clerk agreed that this would improve the performance review process for the city. All agreed that raises should be tied to performance and that across the board cost of living increases are not best practice, do not encourage employees to perform at high levels, and actually reward those not performing at an acceptable level. As the HR Committee looked at implementation of this change, doing so in 2016 was the perfect time, because it would actually allow more employees to be included in the raise pool that might otherwise be excluded since they were relatively new employees with the city. This seemed like a good time to change and would be more advantageous for these staff members. The HR Committee also noted that for any other staff members who would have normally been eligible to receive raises in January that may be overdo for their annual increase, that should be taken into account in July when raises were awarded and those raises should be a bit higher than those for the staff who were not overdo, so that no employees came out “behind”. RECOMMENDATION: Two motions are put before the council for consideration. Motion 1 “Move to set a policy of performance reviews shortly after the first of the year with 6 months of coaching towards continual improvement with wage rates being recommended to the council by the city clerk and city administrator in the summer.” Motion 2 “Move to set a policy of cost of living wage increases shortly after the first of the year in conjunction with performance reviews with superior performance being rewarded in the summer by wage adjustments recommended by the city clerk and city administrator.” ATTACHMENT(S): MAYOR AND COUNCIL COMMUNICATION DATE: 2/216 REGULAR ITEM #: 15 MOTION AGENDA ITEM: Seasonal Building Inspector assistance 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 PUBLIC POLICY STATEMENT Policy being set is to allow administrator to have the flexibility to bring in appropriate inspection assistance if they deem it necessary. SUMMARY AND ACTION REQUESTED: With the expected increase in building construction this coming spring/summer the administrator is requesting the authority to bring in appropriate inspection assistance if they deem it necessary. BACKGROUND AND STAFF REPORT: The past year 2015, saw a noticeable uptick in the volume of building taking place within our city. 2015 2014 2013 New Homes 142 41 36 Total valuation $47,150,401 $19,968,275 $16,966,169 Average home value 332,000 487,000 471,282 Total Valuation YTD 52,514,158 30,340,315 20,939,966 The city budget for 2016 is built around 140 new homes and 15 rec units of commercial development. There are commercial developments in the works which if they come to fruition, will stretch the ability of the building official and the building inspector to respond to both residential and commercial building projects in a timely fashion. We have an agreement with Hugo that they will assist us and us them if there is spare time and availability, but if that capacity is not there we will need to respond with other methods. The option of not having the capacity to serve our building community is not an option for the city. Contract inspection companies can cost upwards of $70 per hour or more. A seasonal inspector might be in the $24 to $31 per hour, similar to our former contract inspector. Part of the reason for considering this now versus in the summer, if we have a crunch of inspections, we will not have time source out the most cost effective solution and might end up with an inspection company at a much higher rate. We will respond to the needs of the building community, this is a question of if the needs exceed our ability what is the most cost effective solution for the city. I am asking the city council to authorize the city administrator to use their best judgment to source out the most cost effective solution to respond to the various demands on the Department of Building Safety. This would include the above options but not include hiring a benefited employee. Having the flexibility to respond in a number of different ways, will serve our city while at the same time protect the taxpayer. RECOMMENDATION: Motion: “ The city council of Lake Elmo authorizes the City Administrator to utilize their best judgment to source out the most cost effective solution to respond to the various demands on the building inspection department. This would include other city inspectors, seasonal inspector, contract inspection companies, but not hiring a benefited staff member” ATTACHMENT(S):