HomeMy WebLinkAbout#9 Advertise for Building Official (2)
MAYOR & COUNCIL COMMUNICATION
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DATE: March 2, 2016
REGULAR
ITEM #9
AGENDA ITEM: Authorize Posting Building Official Position
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Julie Johnson, City Clerk
REVIEWED BY: Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ......................................................... Interim Administrator
- Report/Presentation…………………… ................... …...Interim 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: City Clerk
FISCAL IMPACT: $56,028 - $77,251 salary per year, plus benefits SUMMARY AND ACTION REQUESTED: City Building Official Rick Chase submitted his
resignation and 30 day notice on February 24th; his last day of work with the City will be Friday,
March 25th. Staff is requesting Council approval to advertise the position vacancy and solicit
applications per the attached posting.
The proposed advertised salary range was obtained through a salary survey from the League of
Minnesota Cities website for Minnesota cities with a population size similar to Lake Elmo,
ranging from 6,139 to 13,156. The current Building Official’s salary falls well within the
proposed range. A closing date of Friday, March 18th is proposed to allow enough time for a quality pool of candidates to apply. We would hope to interview candidates, negotiate an offer
and have a candidate for Council approval at the April 5, 2016 Council Meeting.
City Council Meeting
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Staff is currently investigating options for an interim Building Official and will have a
recommendation for covering the statutory requirement for a Building Official on a temporary
basis if there is a gap. Staff is also preparing to utilize the contract with the City of Hugo for
building inspection services to avoid any lapse in service in our building department.
RECOMMENDATION: If removed from the Consent Agenda, staff recommends the
following motion:
“Motion to authorize staff to advertise the Building Official position opening.”
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Accepting Applications for the Position of: BUILDING OFFICIAL
SALARY: $56,028 to $77,251/DOQ
OPENING DATE: 3/3/2016
CLOSING DATE: 3/18/16
POSITION TITLE: Building Official
DEPARTMENT: Code Enforcement – Building Inspections
ACCOUNTABLE TO: City Administrator
FLSA STATUS: Exempt
PRIMARY OBJECTIVE: This individual will perform all operations of the Building Inspection Department to help promote quality construction and high standards of design throughout the City of Lake Elmo. This includes administration and enforcement of State building codes, City zoning ordinance enforcement, and implementation of property maintenance codes within Lake Elmo. Plan, develop, and implement methods to maintain optimum service levels in all phases of building and fire inspections, city code enforcement and designated environmental health services. Resolve complaints and/or concerns regarding code issues.
ESSENTIAL FUNCTIONS OF THE POSITION 1. Establish and maintain policies and procedures for the Building Inspection Department including record keeping processes, inspection scheduling, fee collection and enforcement. 2. Manage and perform plan reviews and building inspections on all types of building structures (commercial, industrial and residential) to make sure that they meet building, zoning and related code requirements. This includes new construction, remodeling and additions to insure that structures are built consistent with official building codes. 3. Communicate with architects, engineers, contractors and property owners to interpret and clarify code requirements.
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
4. Authorize and ensure issuance of various permits as required by city code enforced by the City. 5. Maintains record of erosion control violations and coordinates the City’s enforcement of erosion control requirements for new construction. 6. Issues Certificates of Occupancy for structures and verifies with other City staff that all site and development requirements have been met prior to issuance. 7. Verifies that site construction activity is in conformance to approved plans, coordinates City action to bring non-compliant sites into compliance. 8. Interprets building and housing codes for inspectors, contractors, and the general public. 9. Ensure complaints involving building codes and related ordinances are investigated in a timely manner. Initiate appropriate legal action regarding violations that are not corrected. 10. Keep abreast of innovations and developments in the construction industry and how changes in materials and construction practices relate to code requirements. Maintain effective enforcement and inspection techniques, practices and procedures including technology and software innovation. 11. When necessary attend development review, city council and planning commission meetings to provide input on building code and zoning ordinance requirements for proposed construction and development projects. 12. Establish and maintain policies and procedures for zoning administration which includes enforcement of the zoning, property maintenance and sign ordinances and takes action to ensure compliance with these. 13. Responsible for keeping supervisor informed of issues and adequately resolving issues quickly. Recommends procedures and policies to supervisor in cases not clearly covered by codes and ordinances. 14. Responsible for preparing and processing ordinance amendments as needed. 15. Responsible for ensuring department reports are completed and accurate. 16. Oversee maintenance of department work records and implementation of document management system. 17. Make recommendations to supervisor with regard to the annual budget for the Building Inspection Department. 18. Performs facilities management functions as they relate to City Hall.
PERFORMANCE CRITERIA
Skills in mediation, complaint resolution and problem solving.
Team player with the ability to collaborate and implement effective customer service.
Strong initiative to improve processes and productivity.
Ability to effectively use a computer and various software programs, including software for tracking building inspections and permitting activity.
Ability to maintain a positive and effective working relationship with council, commissions, businesses, designers, contractors, residents and staff.
Ability to communicate effectively, both orally and in writing.
Thorough knowledge and understanding of the pertinent state and local codes and licensing requirements applicable to the City of Lake Elmo and the legal aspects of code administration.
Ability to read and interpret plans, specifications, engineering and architectural project drawings, and electronic documents accurately and to compare them with construction in progress.
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
Ability to enforce codes and ordinances firmly, tactfully and impartially and deal with difficult situations.
Understanding and experience working with best management practices for construction activity.
Develop and maintain effective working relationships with other City departments, Administration, Public Works, Fire, Planning, Engineering, etc.
Ability to physically move about all areas of construction properties to carry out duties.
Ability to manage multiple projects and meet deadlines working in a fast paced environment.
MINIMUM QUALIFICATIONS
• State Certification as State Building Official
• ICC Certification as plans examiner or building official or ability to obtain within 1 year of hire date.
• Bachelor’s degree in related field; may substitute equivalent years of related work experience in construction, inspections, facilities management for degree.
• Five years experience in construction or a related field in public or private sector. Expertise in plumbing, electrical and/or HVAC a plus.
• Experience with Microsoft Products (Word, Excel, Powerpoint)
• Valid MN Driver’s License
DESIRABLE QUALIFICATIONS
• Experience with inspections, property maintenance, sign permits and/or planning and zoning in Public Sector SUPERVISION RESPONSIBILITIES N/A
PHYSICAL REQUIREMENTS Positions in this class typically require: sitting, feeling, manual dexterity, grasping, talking, and hearing, typing, and seeing. The individual may encounter unexpected and prolonged workdays and stress and pressures from dealing with emotional issues and conflicts. There is sustained exposure to computer keyboards and video screens. This position is light duty and may require the exertion of up to 20 pounds of force on occasion or a negligible amount of force frequently to lift, carry, push, pull or otherwise move objects. PLEASE APPLY BY CLOSING DATE: MARCH 18, 2016 SEND COVER LETTER, RESUME, AND REFERENCES TO: CITY OF LAKE ELMO ATTN: JULIE JOHNSON, CITY CLERK 3800 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 OR VIA EMAIL: JJOHNSON@LAKEELMO.ORG PLEASE VISIT OUR WEBSITE AT WWW.LAKEELMO.ORG FOR ADDITIONAL INFORMATION OR CON
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
TACT US AT 651.747.3900 CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER
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MEMORANDUM
Date: February 15, 2016
To: Stephen Wensman, Planning Director
Ben Gozola, Senior Planner, Sambatek
Re: Legends of Lake Elmo – OP Concept Plan Review
From: Jack Griffin, P.E., City Engineer
Engineering received a revised Concept Plan submittal on 01.25.2016 for the above referenced development proposal
consisting of the following exhibits/documentation prepared by Erickson Civil:
Concept Plans dated January 25, 2016, Sheets 1‐4.
Concept Narrative dated January 25, 2016.
The following engineering review comments are provided for your consideration.
All public improvements constructed to support the development must be designed and constructed in accordance with
the City Engineering Design Standards Manual available on the City website.
STREETS AND TRANSPORTATION
The Plat must dedicate sufficient R/W along 50th Street North to ensure 40 feet of R/W north of the existing
centerline of the road (a total of 80 foot R/W for collector roadway).
Right and left turn lanes must be incorporated along 50th Street per the City design standards to maintain safety
along the roadway. Right and left turn lanes shall be constructed at the developer’s expense.
The City’s Transportation Plan identifies 50th Street N. as a major east‐west collector roadway and Municipal State
Aid route. Traffic concerns and complaints have increased along 50th Street over the past few years and will
continue to increase as traffic volumes grow. There are two ways that the City can help manage and mitigate these
growing traffic issues:
Improve access management along the corridor when opportunities arise.
Improve pedestrian facilities along the corridor, at a minimum, completing the bituminous trail along the
north boulevard from Old TH 5 (CSAH 14) to Lake Elmo Avenue.
Access Management: The development access point along 50th Street meets the City’s Transportation Plan access
spacing guidelines for Collector Roadways (every 660 ft. to residential streets and commercial driveways) unless
the adjacent westerly property becomes commercial use.
The proposed access is 900 feet from Linden Trail to the east. Condition met.
The proposed access is 725 feet from Lily Avenue to the west. Condition met.
The proposed access is 450 feet from the adjacent farm driveway (Hecker property) to the west. Condition
not met if this becomes a commercial use property.
From a brief field review the proposed access to 50th Street N. appears to provide adequate sight distances
for safe ingress and egress.
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
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The development access road connection to 50th Street is properly located to balance the various conflict points,
however the following access management recommendations should be required to improve safety and access
management along the road corridor:
The existing farm (Hecker parcel) should be required to connect to the new roadway internal to the
development to eliminate the driveway access to 50th Street N, especially if this property becomes a
commercial use.
A new driveway for Lot 40 should be further reviewed as proper sight distances may not be available.
Consideration should be made to create shared driveways when possible.
Pedestrian facilities: A bituminous trail must be incorporated along the north boulevard of 50th Street N. to
improve pedestrian safety and work toward future trail connectivity. Segments of a bituminous trail currently
exist along 50th Street N. alternating from the north to south side of the road. As traffic continues to increase on
50th Street N. it is critical for the City to create a continuous bituminous trail along the north side of 50th Street,
from Old TH5 (CSAH 14) to Lake Elmo Avenue.
A residential street connection is required as shown to Linden Avenue in the Sanctuary subdivision.
A residential street stub is required as shown between lots 28 and 29 to extend to the westerly plat limits for
future connection. A temporary cul‐de‐sac must be provided. A trail should be extended along this road segment
for future trail connectivity.
The center roadway median at the cul‐de‐sac intersection for lots 2‐7 must be revised to allow two way
ingress/egress to the cul‐de‐sac.
All streets must be designed to meet the City’s Engineering Design Standards including R/W width, street width
and cul‐de‐sac radii. Street intersections must approximate 90 degrees and maintain 50 feet of tangent with
maximum slopes of 2.5%. Residential maximum longitudinal grade is 8% with no sidewalks, 6% where there are
sidewalks.
Parkway or divided roadways must be a minimum of 18 feet wide from back or curb to back of curb. The
development street plan indicates five segments with divided one‐way streets. The specific geometry of each
divided street area will require detailed review in the preliminary plat phase.
Ten (10) foot utility easements are required on either side of all right‐of‐ways.
MUNICIPAL WATER SUPPLY
Municipal water service is readily available in two locations. The applicant is responsible to extend municipal water
into the development to serve the proposed properties.
Two connection points to the existing City system will be required:
1) A connection to the existing 16‐inch watermain at Linden Avenue in the Sanctuary subdivision.
2) A connection to the existing 12‐inch watermain at 50th Street N.
A watermain lateral stub will be required to the westerly plat limits between lots 28 and 29.
No trunk watermain oversizing is anticipated for this development.
MUNICIPAL SANITARY SEWER / WATEWATER MANAGEMENT
The proposed development is located outside of the City designated Municipal Urban Service Area (MUSA) for
sanitary sewer service. The developer is proposing private individual on‐site septic systems for each Lot. Individual
on‐site septic systems are permitted by Washington County and must contain both a primary and secondary site
for each Lot. The Concept Narrative further proposes the use of open space for the placement of private individual
on‐site septic systems for some Lots.
The Open Space Ordinance does not allow private individual on‐site septic systems to be placed within open space
areas. Staff has concerns with this proposal because it will be difficult, both technically and from a legal access
right perspective, to ensure that these areas are protected and reserved specifically for use by each specific
property. Any plan approved for development with the use of private individual on‐site septic systems must
demonstrate that both a primary and secondary private individual on‐site septic system exits and is dedicated to
each Lot including septic tanks, service lines and drainfields.
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The Concept Plan does not detail the proposed wastewater management plan including the location of each
primary and secondary private individual on‐site septic system or the supporting percolation testing to verify the
existence of adequate supporting soils. Therefore, the Concept Plan approval must be contingent upon a
Preliminary Plat submittal that addresses a comprehensive wastewater management plan and all Lot locations
and sizes must be subject to revision as needed to accommodate a properly designed primary and secondary
private individual on‐site septic system.
Septic system sites must be placed where soil investigations demonstrate suitable soils and demonstrate
that sufficient land is available to support both a primary and secondary septic system site for each
proposed Lot.
The plans must clearly show that no individual septic system area will be located within the floodplain,
wetland or wetland buffer.
City Comprehensive Wastewater Management Strategies: It is important to note that the allowance of private
individual on‐site septic systems for the Legends OP development (no public sewer system) may economically
prohibit the Sanctuary subdivision to be able to connect to the municipal sewer system in the event of a
community system failure.
STORMWATER MANAGEMENT
The site plan is subject to a storm water management plan meeting State, VBWD and City rules and regulations.
No proposed storm water management plan was provided as part of the Concept Plans.
Storm water facilities proposed as part of the site plan to meet State and VBWD permitting requirements must be
constructed in accordance with the City Engineering Design Standards Manual available on the City website.
The general drainage system should mimic the natural topography of the site in order to ensure a drainage system
that provides positive storm water drainage across the development. Overland emergency overflows or outlets
will be required as part of the site plan.
Storm water pond facilities should be combined together to the greatest extent possible to ensure adequate
hydrology for efficient facility treatment operations.
The ultimate discharge rate and location will be an important consideration to avoid negative impacts to
downstream properties. The storm water management plan will need to address changes to the downstream
drainage system to the extent alterations are proposed. To the extent adjacent properties are impacted, written
permission from those properties must be submitted as part of the development applications.
Per City requirements, all storm water facilities, infiltration basins, wetlands and wetland buffers must be placed
in Outlots deeded to the City for maintenance purposes. The Stormwater Facility Outlots must fully incorporate
the 100‐year HWL, 10 foot maintenance bench and all maintenance access roads.
It is unclear from the concept plan if the proposed ponding and infiltration is on Outlots that will be dedicated to
the City. It is also unclear from the concept plan if all weltands and required wetland buffers are located on
Outlots. Future plan submittals must address this information and requirements.
The plans must include the 100‐year HWL for all adjacent wetlands and water bodies and must demonstrate that
the 100‐year HWL does not encroach onto any proposed Lot.
The plans must also demonstrate that the minimum floor elevations for each Lot are in compliance with the VBWD
rules providing a minimum 2‐foot separation from any adjacent 100‐year HWL.
The storm sewer system shall be designed to maintain the City standard minimum pipe cover of 3 feet. Drain tile
is required as part of the City standard street section at all localized low points in the street. Drain tile
considerations may impact the storm sewer design and depth requirements at low points.
Per City requirements all storm sewer pipe easements must be a minimum 30‐feet in width.
ADDITIONAL CONSIDERATIONS
The Phasing plan indicates that the street pavement and home construction will begin in the northeast adjacent
to the Sanctuary subdivision and move south. The developer proposes to control site access by requiring all
construction traffic and deliveries to access from 50th Street along gravel roads, with all home buyers and new
home owners accessing the site from Linden Avenue through the Sanctuary. It is recommended that the Phasing
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plan be revised for all traffic to access from 50th Street until all phases are completed. Managing traffic access for
workers and deliveries from 50th Street when a secondary paved access is available will be difficult at best and will
result in construction traffic accessing the site through the Sanctuary.
MAYOR AND COUNCIL COMMUNICATION
DATE: 3/2/2016
REGULAR
ITEM #: 12
MOTION
AGENDA ITEM: Policy for Agenda Items
SUBMITTED BY: Councilmember Fliflet
THROUGH: City Clerk
REVIEWED BY: Councilmember Fliflet
POLICY RECOMENDER: Councilmember Fliflet FISCAL IMPACT: None
SUMMARY AND ACTION REQUESTED: The current policy allows for any member
of the City Council to add an item to the agenda. This policy was discussed and tabled at
the January 13, 2015 council meeting, and then later adopted at the January 20, 2015
council meeting. This was a change from the previous policy under which an agenda item
could be added by the Mayor, or by two other council members.
The policy change was brought forward by CM Fliflet for several reasons. One main
reason for recommending the policy change was to make the process easier and more
streamlined for staff because under the previous system they would need to solicit a
second council member to approve of each agenda item which was a bit of a hassle for
them. She also cited that it should be an elected official’s right to bring forward any item
SUGGESTED ORDER OF BUSINESS:
-
-
-
-
-
-
Introduction of Item .............................................................. City Administrator
Report/Presentation…………………………………………… Mayor Pearson
Questions from Council to Staff ............................................. Mayor Facilitates
Call for Motion ............................................................... Mayor & City Council
Discussion ....................................................................... Mayor & City Council
Action on Motion.................................................................... Mayor Facilitates
to the table and request discussion on the matter, and would then be the council’s decision
as a whole whether or not to discuss the item.
Currently we see items brought forward on agendas after the council has discussed and
voted to remove those items, so a new policy seems to be needed. Repeatedly bringing
forward items that have been previously discussed by the council and removed by
majority vote wastes taxpayer dollars. It wastes staff time involved in putting packets
together, it wastes the cost of paper and making copies, and it wastes time at council
meetings for all staff and consultants who are in attendance (City Administrator, City
Clerk, Finance Director, City Attorney, City Engineer, City Planning Director, …) -- all
related to items that the council has taken action on previously and removed from an
agenda.
RECOMMENDATION: Action is requested to adopt the following policy surrounding
agenda items:
“Motion to set a policy that any city council member can add an item to a council
agenda. However, if an item is brought forward to the council on an agenda and it is
removed by a majority vote of the council because the council does not agree with
discussing the agenda item, then the council member that put the item on the agenda
cannot bring the item back to be placed on a subsequent agenda.”
MAYOR & COUNCIL COMMUNICATION
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DATE: March 2, 2016
REGULAR
ITEM #13
AGENDA ITEM: Public Comments on Agenda
SUBMITTED BY: Jill Lundgren
THROUGH: City Clerk
REVIEWED BY: Jill Lundgren
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ......................................................... Interim Administrator
- Report/Presentation…………………… ................... …...Interim 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: Councilmember Jill Lundgren
FISCAL IMPACT: None
SUMMARY AND ACTION REQUESTED: The City Council wants to hear from the public through email, phone calls and comments at the meeting. Due to the length of the City Council
meetings and the repetitive nature of many comments given during the Public Comment section,
the Council struggles at times to complete city business during the meeting.
Public comments on agenda items may still be heard during discussion on each item, but general public comments should be moved to the end of the Regular Agenda in consideration of others in
attendance who are there to conduct business on a specific agenda item. Councilmember
Lundgren is requesting this item due to citizen requests she has been receiving.
RECOMMENDATION:
“Motion to move Public Comments to follow Regular Agenda items on the City Council
Agenda.”
MAYOR AND COUNCIL COMMUNICATION
DATE: 3/2/2016
REGULAR
ITEM #: 14
MOTION
AGENDA ITEM: Reconsider Vote on Single Fire Station Concept
SUBMITTED BY: Mayor Pearson
THROUGH: City Clerk
REVIEWED BY: City Clerk
POLICY RECOMENDER: Fire Department/Public Safety Committee FISCAL IMPACT: None
SUMMARY AND ACTION REQUESTED: Reconsider vote taken at the December
15th, 2015 Council Meeting regarding the Single Fire Station.
LEGISLATIVE HISTORY: At the December 15, 2015 Council Meeting, the City Council considered a proposal to begin the process of transitioning to a single fire
station operation for the City. The following excerpt from the Meeting Minutes reflects
the motions made on that item:
Mayor Pearson, seconded by Councilmember Bloyer, moved TO DIRECT THE LAKE
ELMO FIRE DEPARTMENT TO MAKE PREPARATIONS AND DESIGNS TO MOVE TO ONE
CENTRALIZED FIRE STATION, IDENTIFY AND SECURE AN APPROPRIATE SITE FOR A
FUTURE FIRE STATION/PUBLIC SAFETY BUILDING.
SUGGESTED ORDER OF BUSINESS:
-
-
-
-
-
-
Introduction of Item .............................................................. City Administrator
Report/Presentation…………………………………………… Mayor Pearson
Questions from Council to Staff ............................................. Mayor Facilitates
Call for Motion ............................................................... Mayor & City Council
Discussion ....................................................................... Mayor & City Council
Action on Motion.................................................................... Mayor Facilitates
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).
BACKGROUND INFORMATION (SWOT):
Strengths Ensure long range cost savings, prepare to meet future response needs of community.
Weaknesses Increasing land costs. Delaying action until FD reaches
critical staffing point and delivery of service is impacted.
Opportunities Identify site while land is still available. Learn from other
communities. Possibly partner with Washington County
Sheriff’s Department and Lakeview EMS in combined
Public Safety Facility.
Threats Inability to staff by committing to failing Paid on Call system.
RECOMMENDATION:
“Motion to reconsider the December 15, 2015 City Council Meeting vote
concerning the Single Fire Station concept”
MAYOR & COUNCIL COMMUNICATION
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DATE: March 2, 2016
REGULAR
ITEM # 8
AGENDA ITEM: Inwood Avenue Trunk Watermain Improvements – Accept Bids and Award
Contract
SUBMITTED BY: Chad Isakson, Project Engineer
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director
Mike Bouthilet, Public Works
SUGGESTED ORDER OF BUSINESS:
- 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: $1,411,737.31
Approval of this resolution commits the council to enter into a construction contract for the project with a construction contract amount of $1,411,737.31. The improvement will be funded through a combination of the city’s water enterprise fund, bonding, and DEED Grant funds
SUMMARY AND ACTION REQUESTED:
The City Council is respectfully requested to consider accepting contractor bids as presented and award a
contract for the Inwood Avenue Trunk Watermain Improvements. The recommended motion for this
action is as follows:
City Council Meeting [Regular Agenda Item 8]
March 2, 2016
-- page 2 --
“Move to approve Resolution No. 2016-15, Accepting Bids and Awarding a Contract to Northdale Construction Company, Inc. in the base bid amount of $1,411,737.31 for the Inwood Avenue Trunk
Watermain.”
LEGISLATIVE HISTORY/BACKGROUND INFORMATION:
Bids were received, publicly opened, and read aloud on February 18, 2016. The City’s design consultant has prepared and attached the Tabulation of Bids and a letter of recommendation for the award of the contract. The City received 4 bids for this project, with Northdale Construction Company, Inc. providing
the lowest bid in the amount of $1,411,737.31. The design engineers post design estimate of cost was $1,492,700.00.
Contractor references for Northdale Construction Company, Inc. were reviewed and verified. The City Engineer and his consultant are therefore recommending that the Council award the contract to the lowest responsible bidder, Northdale Construction Company, Inc. as outlined in the attached letter.
The City Council approved the Plans and Specifications for the Inwood Water Booster Station on January
19, 2016 and authorized staff to advertise the Project for bids. The Project was advertised on
QuestCDN.com and in the Oakdale-Lake Elmo Review in accordance with the Minnesota Competitive Bidding requirements. The improvements include:
• Extension of a 16-inch diameter trunk watermain along Inwood Avenue from 26th Street North to
Eagle Point Boulevard, connecting to the existing water system in the Eagle Point Business Park.
• Installation of 2 service stubs to existing properties to provide property owners the opportunity to
hook up to municipal water.
• Traffic control, erosion control, cleanup and restoration.
An alternate bid was taken to consider using a different pipe material commonly used in the industry.
Based on the bid results it is not recommended the City award the alternate bid as a part of this project.
RECOMMENDATION:
Staff is recommending that the City Council approve Resolution No. 2016-15, thereby accepting bids and
awarding a contract to Northdale Construction Company, Inc., in the amount of $1,411,737.31 for the Inwood Avenue Trunk Watermain Improvements. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2016-15, Accepting Bids and Awarding a Contract to Northdale Construction Company, Inc. in the base bid amount of $1,411,737.31 for the Inwood Trunk Watermain Improvements.”
ATTACHMENT(S):
1. Resolution 2016-15 Accepting Bids and Awarding a Contract.
2. Tabulation of Bids and Engineer’s Letter of Award Recommendation.
3. Project Schedule.
Resolution No. 2016-15 1
CITY OF LAKE ELMO
WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-15
A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for the Inwood Avenue Trunk
Watermain Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and
WHEREAS, bids were tabulated, checked and summarized to verify that all
requirements of the submittals were met; and
WHEREAS, the project engineer reviewed the bids and has provided a letter
recommending the award of the contract to the lowest responsible bidder, Northdale
Construction Company, Inc. in the base bid amount of $1,411,737.31.
NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. The Mayor and City Clerk are hereby authorized and directed to enter into a Contract in
accordance with the above ordered Project, in the amount of the Contractor’s lowest
responsible bid, and according to the plans and specifications thereof approved by the
City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the
next two lowest bidders shall be retained until a contract has been signed.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF
MARCH 2016.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor (Seal)
ATTEST:
________________________________
Julie Johnson
City Clerk
BID TABULATIONPROJECT: Inwood Trunk Watermain ImprovementsPROJECT NUMBER: 09880005 / 2014.129City of Lake Elmo, MNBID DATE: February 18, 2016ITEM ITEM ESTIMATED UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTALNO. DESCRIPTION QUANTITY UNITS PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICEBASE BIDDIVISION 1 - GENERAL1. MOBILIZATION 1 LS64,800.00$ 64,800.00$ 80,000.00$ 80,000.00$ 80,000.00$ 80,000.00$ 45,000.00$ 45,000.00$ 2. TRAFFIC CONTROL 1 LS22,945.00$ 22,945.00$ 17,100.00$ 17,100.00$ 73,126.15$ 73,126.15$ 4,700.00$ 4,700.00$ 3. SILT FENCE, MACHINE SLICED 600 LF4.13$ 2,478.00$ 3.00$ 1,800.00$ 1.85$ 1,110.00$ 3.30$ 1,980.00$ 4. CLEAR AND GRUB TREE 6 EA750.00$ 4,500.00$ 556.00$ 3,336.00$ 300.00$ 1,800.00$ 385.00$ 2,310.00$ 5. DITCH CHECK 10 EA104.50$ 1,045.00$ 195.00$ 1,950.00$ 150.00$ 1,500.00$ 65.00$ 650.00$ DIVISION 2 - WATERMAIN6 CONNECT TO EXISTING 8" WATERMAIN 1 EA7,483.75$ 7,483.75$ 4,000.00$ 4,000.00$ 2,738.56$ 2,738.56$ 2,950.00$ 2,950.00$ 7. CONNECT TO EXISTING 16" WATERMAIN 2 EA13,187.61$ 26,375.22$ 5,000.00$ 10,000.00$ 4,628.50$ 9,257.00$ 3,500.00$ 7,000.00$ 8. HYDRANT 11 EA4,431.40$ 48,745.40$ 4,750.00$ 52,250.00$ 4,224.01$ 46,464.11$ 7,000.00$ 77,000.00$ 9. HYDRANT EXTENSION 6 LF1,628.80$ 9,772.80$ 750.00$ 4,500.00$ 630.81$ 3,784.86$ 1,250.00$ 7,500.00$ 10. 6" GATE VALVE AND BOX 10 EA2,476.08$ 24,760.80$ 1,500.00$ 15,000.00$ 2,126.45$ 21,264.50$ 2,850.00$ 28,500.00$ 11. 8" GATE VALVE AND BOX 3 EA2,920.05$ 8,760.15$ 2,000.00$ 6,000.00$ 2,697.65$ 8,092.95$ 4,450.00$ 13,350.00$ 12. 12" GATE VALVE AND BOX 2 EA4,117.60$ 8,235.20$ 3,400.00$ 6,800.00$ 3,650.54$ 7,301.08$ 6,400.00$ 12,800.00$ 13. 16" BUTTERFLY VALVE AND BOX 19 EA10,711.98$ 203,527.62$ 3,986.00$ 75,734.00$ 3,651.97$ 69,387.43$ 7,900.00$ 150,100.00$ 14. 1" CORPORATION STOP WITH FUSIBLE SADDLE 3 EA709.63$ 2,128.89$ 864.00$ 2,592.00$ 628.90$ 1,886.70$ 875.00$ 2,625.00$ 15. 1" CURB STOP AND CURB BOX 3 EA775.20$ 2,325.60$ 275.00$ 825.00$ 695.75$ 2,087.25$ 760.00$ 2,280.00$ 16. 1" COPPER WATER SERVICE PIPE 100 LF50.97$ 5,097.00$ 33.00$ 3,300.00$ 28.90$ 2,890.00$ 59.00$ 5,900.00$ 17. 6" DUCTILE IRON WATERMAIN PIPE, CLASS 52 75 LF63.87$ 4,790.25$ 65.00$ 4,875.00$ 47.62$ 3,571.50$ 108.00$ 8,100.00$ 18. 8" DUCTILE IRON WATERMAIN PIPE, CLASS 52 96 LF70.32$ 6,750.72$ 79.00$ 7,584.00$ 54.84$ 5,264.64$ 115.00$ 11,040.00$ 19. 12" DUCTILE IRON WATERMAIN PIPE, CLASS 52 28 LF108.70$ 3,043.60$ 106.00$ 2,968.00$ 69.94$ 1,958.32$ 155.00$ 4,340.00$ 20. 16" DUCTILE IRON WATERMAIN PIPE, CLASS 52 25 LF126.98$ 3,174.50$ 144.00$ 3,600.00$ 90.70$ 2,267.50$ 225.00$ 5,625.00$ 21. 16" HDPE DIPS DR11 WATERMAIN, DIRECTIONAL DRILL 11,015 LF74.75$ 823,371.25$ 88.50$ 974,827.50$ 90.70$ 999,060.50$ 83.50$ 919,752.50$ 22. DUCTILE IRON FITTINGS 5,810 LB10.74$ 62,399.40$ 7.30$ 42,413.00$ 10.50$ 61,005.00$ 6.15$ 35,731.50$ 23. HORIZONTAL DIRECTIONAL DRILLING BORE PITS 1 LS49,462.20$ 49,462.20$ 114,000.00$ 114,000.00$ 55,000.00$ 55,000.00$ 140,000.00$ 140,000.00$ 24. WATER SERVICE CONNECTION PITS 1 LS7,000.00$ 7,000.00$ 33,500.00$ 33,500.00$ 8,650.00$ 8,650.00$ 13,250.00$ 13,250.00$ 25. TRIVIEW TEST STATION MARKER 18 LS156.02$ 2,808.36$ 62.00$ 1,116.00$ 57.01$ 1,026.18$ 40.00$ 720.00$ DIVISION 3 - STORM SEWER26 SALVAGE CONCRETE PIPE CULVERT 60 LF15.00$ 900.00$ 8.00$ 480.00$ 7.76$ 465.60$ 90.00$ 5,400.00$ 27. INSTALL SALVAGED PIPE CULVERT 60 LF31.11$ 1,866.60$ 32.00$ 1,920.00$ 27.93$ 1,675.80$ 115.00$ 6,900.00$ DIVISION 4 - STREETS CONSTRUCTION28 SALVAGE AND REINSTALL MAILBOX 2 EA165.00$ 330.00$ 100.00$ 200.00$ 150.00$ 300.00$ 250.00$ 500.00$ 29 SALVAGE AND REINSTALL SIGN 13 EA220.00$ 2,860.00$ 110.00$ 1,430.00$ 200.00$ 2,600.00$ 185.00$ 2,405.00$ TOTAL ESTIMATED CONSTRUCTION COST1,411,737.31$ 1,474,100.50$ 1,475,535.63$ 1,518,409.00$ ALTERNATE A - FUSIBLE 14" PVC-$ 30. 14" BUTTERFLY VALVE AND BOX 19 EA9,795.00$ 186,105.00$ 3,130.00$ 59,470.00$ 3,206.74$ 60,928.06$ 7,200.00$ 136,800.00$ 31. 16" BUTTERFLY VALVE AND BOX (ADJUST) -19 EA10,711.98$ (203,527.62)$ 3,986.00$ (75,734.00)$ 3,651.97$ (69,387.43)$ 7,900.00$ (150,100.00)$ 32. 14" PVC DIPS DR18 WATERMAIN, DIRECTIONAL DRILL 11,015 LF80.84$ 890,452.60$ 85.50$ 941,782.50$ 89.95$ 990,799.25$ 92.50$ 1,018,887.50$ 33. 16" HDPE DIPS DR11 WATERMAIN, DIRECTIONAL DRILL (ADJUST) -11,015 LF74.75$ (823,371.25)$ 88.50$ (974,827.50)$ 90.70$ (999,060.50)$ 83.50$ (919,752.50)$ 34. DUCTILE IRON FITTINGS (ADJUST) -516 LB3.76$ (1,940.16)$ 12.50$ (6,450.00)$ 10.50$ (5,418.00)$ 4.25$ (2,193.00)$ 35. ADDITIONAL MOBILIZATION AND TRAFFIC CONTROL 1 LS7,000.00$ 7,000.00$ 1.00$ 1.00$ 2,200.00$ 2,200.00$ 2,750.00$ 2,750.00$ 36. ADDITIONAL TURF RESTORATION 1 LS22,000.00$ 22,000.00$ 5,700.00$ 5,700.00$ 1,250.00$ 1,250.00$ 5,200.00$ 5,200.00$ 37. ADDITIONAL HORIZONTAL DIRECTIONAL DRILLING PITS 1 LS31,500.00$ 31,500.00$ 1.00$ 1.00$ 5,000.00$ 5,000.00$ 24,500.00$ 24,500.00$ SUBTOTAL ALTERNATE A108,218.57$ (50,057.00)$ (13,688.62)$ 116,092.00$ TOTAL ESTIMATED CONSTRUCTION COST WITH ALTERNATE A1,519,955.88$ 1,424,043.50$ 1,461,847.01$ 1,634,501.00$ Ellingson Drainage, Inc.West Concord, MNGM ContractingLake Crystal, MNNorthdale Construction BEK ConsultingAlbertville, MN Dickinson, NDFor updated bidding information visit us at www.msa-ps.com1 of 12016 Lake Elmo 09880005 Inwood Trunk Watermain ImprovementsTABULATION
PROJECT SCHEDULE
CITY OF LAKE ELMO
INWOOD TRUNK WATERMAIN IMPROVEMENTS
PROJECT NO. 2014.130
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
August 6, 2013 Council orders preparation of a Feasibility Report.
December 3, 2013 Presentation of Feasibility Report. Council accepts Report and calls Hearing.
January 21, 2014 Public Improvement Hearing. Council Orders the Improvement for the Inwood Trunk
Watermain Improvments and the preparation of Plans and Specifications.
April 15, 2014 Council approves Plans and Specifications and orders Advertisement for Bids at the
direction of the City Administrator.
Project was delayed due to delay in receipt of MN-DEED Water System Grant. Per State Statute,
contractor bids must be received for the project within one-year of ordering the improvement.
Therefore a new Public Improvement Hearing must be held.
January 19, 2016 Council approves Plans and Specifications; orders Ad for Bids; and calls Hearing.
February 18, 2016 Receive Contractor Bids.
March 2, 2016 Public Improvement Hearing. Council Orders the Improvement for the Inwood Trunk
Watermain Improvments. Council accepts bids and awards contract.
April 7, 2016 Conduct Pre-construction meeting and issue Notice to Proceed.
August 26, 2016 Substantial Completion (watermain online and operational).
September 30, 2016 Final Completion (punch list and final paperwork).
475268v1 SJS LA515-1
MAYOR AND COUNCIL COMMUNICATION
DATE: 03/02/2016
REGULAR
ITEM #: 16
MOTION
AGENDA ITEM: IPAD Opinion Request
SUBMITTED BY: Sarah Sonsalla, City Attorney
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Sarah Sonsalla/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 (IF APPLICABLE)
SUMMARY AND ACTION REQUESTED:
The Council will need to decide if it would like to request an opinion from the Department of
Administration - Information Policy Analysis Division with respect whether a letter that was written by
former City Attorney David Snyder concerning a City employee complaint about a City Council member
is public data under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.
BACKGROUND AND STAFF REPORT:
It was requested that I provide an opinion as to whether or not a letter written by former City Attorney
David Snyder that is dated October 1, 2015 concerning a complaint made by a City employee about a
City Council member could be released to the public. I had opined that because the document is about an
unsubstantiated complaint that involves a City employee, that it contains private personnel data pursuant
to Minnesota Statutes Section 13.43 and should not be released to the public, even in a redacted form.
I will admit that my recommendation that the City not release this document to the public is conservative,
but given that it may contain private personnel data which can oftentimes consist of sensitive information,
I would rather that the City not release it unless it receives an opinion from the Department of
Administration – Information Policy Analysis Division (“IPAD”) that the letter may be released. This
way, the City may then rely on this opinion and is protected in the event that someone brings a claim
against the City relating to the release of the letter.
475268v1 SJS LA515-1
Seeking this opinion will result in the City incurring costs associated with me corresponding with IPAD
and drafting the opinion request.
Alternatively, the City may choose to not release the letter and allow someone who wants it to be released
to make his or her own request to IPAD for an opinion.
RECOMMENDATION:
If the Council chooses to request an opinion, it should make the following motion:
“Move to direct the City Attorney to request an opinion from IPAD as to whether or not the letter from
David Snyder dated October 1, 2015 is public.”
ATTACHMENT(S):
None.
MAYOR AND COUNCIL COMMUNICATION
DATE: 03-02-16
REGULAR
ITEM #: 17
MOTION
AGENDA ITEM: Library Associate Status
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 Council can set policy regarding the cities library
SUMMARY AND ACTION REQUESTED:
Action can be taken to direct staff to seek Associate status, Branch Status, or continue independent status
with regards to the Washington County Library system.
BACKGROUND AND STAFF REPORT:
Washington County will be adopting their Washington County Library Strategic Plan, the morning of the
16th. This plan lays out direction for the whole county regarding Washington County Libraries, Branch
Libraries, Associate Libraries, and Independent Libraries such the Lake Elmo library.
The Strategic plan does state that:
6. Relationships with and provision of services at associate and community
libraries in the County must be accounted for in the Library’s strategic directions. To maintain the strength and effectiveness of the County Library system, additional associate libraries shall not be approved.
In summary, the Washington County Board as of the writing of the document, most likely will be voting
to not allow any additional associate libraries in Washington County. With that said, the Library Board
and the City Council can consider moving to a Branch Library, run by Washington County with support
from Lake Elmo Volunteers, or continue as an independent library outside of the Washington County
system.
RECOMMENDATION:
Two Motions are before the council today.
“Move to continue as an independent library outside of the Washington
County Library System”
“Move to direct the Library Board to negotiate with Washington County and
move towards a branch status library in downtown Lake Elmo.”
ATTACHMENT(S):
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: March 1, 2016
CONSENT
ITEM 18 MOTION
AGENDA ITEM: Needed repairs/upgrades to Engine #2
SUBMITTED BY: Greg Malmquist, Fire Chief
THROUGH: City Administrator
REVIEWED BY: City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation………………………………………………… Fire Chief
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECCOMENDER: Fire Chief
FISCAL IMPACT: $4,653.02
SUMMARY AND ACTION REQUESTED: Determine expenditure for repairs/upgrades. LEGISLATIVE HISTORY: This Engine, purchased in 1990, was our “First Due” from Station
#1 until 2014. At that time it was swapped with Engine 2 from Station #2. This was done due to
increasing maintenance issues/costs, to reduce the number of responses and increase the life of
the vehicle. This vehicle has been identified in the CIP for several years for replacement, and in the current CIP is shown for replacement in 2017. It was taken “out of service” on February 11, 2016, due to DOT non-compliance, (most recent items are Jake Brake operating intermittently
and front turn signals falling off of truck, see photos) safety concerns raised by Firefighters and
emergency lighting concerns.
DOT compliance encompasses the proper function and operation of basic items on the vehicle such as brakes, running lights, turn signals, brake lights, tires, etc. Basic items to ensure the
vehicle is road worthy and safe to operate. While we are exempt from annual DOT Inspections,
City Council Meeting [Regular Agenda Item 18)
March 2, 2016
-- page 2 --
we still maintain compliance with these requirements to ensure the safety of our personnel and to
protect the City from potential liability in the event of an accident. Our fleet is inspected twice a
year by DOT Certified mechanics. At such time they identify items that need attention or repair.
(See attached DOT inspection form and EAM checklist).
Emergency lighting requirements are determined by NFPA, (National Fire Protection Assoc.),
which establishes nationally recognized standards. While this vehicle met the requirements when
it was constructed in 1990, standards have changed over the last 26 years. Technology has
improved with improved, brighter LED lighting. Roadways have become increasingly more dangerous for Responders, both responding to a scene and working at a scene on a roadway, due
to drivers being more distracted and inattentive than ever, (cell phones and other technology).
(See attached NFPA 1901, Standard for Automotive Fire Apparatus, Chapter 13, pages 36 – 43
pertain to lighting).
BACKGROUND INFORMATION (SWOT):
Strengths If repairs/upgrades are done, vehicle will be back in service and a
safer work environment will be provided for Firefighters.
Weaknesses Significant investment in 26 year old apparatus with an approx..
value of $6,000 - $11,000. Current emergency lighting met NFPA
Standards in 1990, but not today’s standards. Drivers today are
more distracted than ever.
Opportunities Provide for the safety of Firefighters and ensure proper response
with proper equipment to serve community.
Threats Future additional maintenance issues due to age of vehicle. If not
repaired will have response impact. When T2 goes in for scheduled repair, we will not have an Engine at Station #2 for one week.
With this vehicle out of service, we have one rated Engine/Tender
(T2) for response from Station #2. T2 is a larger vehicle, due to the
amount of water it carries, that does not fit in many of the
driveways in the Station #2 area. This will lead to crews waiting for a vehicle from Station #1 in the event of a fire.
RECOMMENDATION: Looking for determination from Council.
ATTACHMENTS:
• EAM Repair Quote
• DOT Inspection Form
• EAM Safety Inspection Checklist
• NFPA Standard 1901
• Photos
• Last inspection report from EAM
MAYOR AND COUNCIL COMMUNICATION
DATE: 3/2/16
REGULAR
ITEM #: 19
MOTION
AGENDA ITEM: Building Official reporting supervisor
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: Council will set policy of who the building official reports
to.
SUMMARY AND ACTION REQUESTED:
The Administrator is requesting direction as to organizational structure and chain of command
for the building official.
BACKGROUND AND STAFF REPORT:
During the development of the 2016 budget book a discrepancy was noticed in reporting
structure. Past Organizational Charts, have had the Building Official report to the Community
Development Director. Our city ordinance clearly states that the Building Official reports to the
City Administrator. There can be arguments made for both reporting structures. The
Administrator is looking for council direction regarding this matter.
RECOMMENDATION:
Two motions are set before the Council.
Motion one:
“Move to change the Organizational Chart to align with the city code and have the
building official report to the City Administrator.”
Motion Two:
“Move to change the ordinance to have the Building Official report to the Planning
Director.”
474635v1 SJS LA515-1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. ________
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE CITY’S PROVISIONS RELATED TO THE BUILDING
DEPARTMENT
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title III:
Administration; Chapter 32: City Organizations; Section 32.001 by adding the double-underlined
material and deleting the stricken material as follows:
§ 32.001 BUILDING DEPARTMENT
There is continued in the city a Building Department which shall be under the jurisdiction
of the Building Official designated by the Council; the Building Official shall report to the City
Administrator Planning Director.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance No. ____ was adopted on this 16th day of
February, 2016, by a vote of __ Ayes and __ Nays.
LAKE ELMO CITY COUNCIL
___________________________________ Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance ________ was published on the _____ day of _________________, 2016.
MAYOR AND COUNCIL COMMUNICATION
DATE: 03/02/16
REGULAR
ITEM #: 20
MOTION
AGENDA ITEM: Planning Commission to Review Land Use
SUBMITTED BY: Mike Pearson
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 Council can set policy of land use after the moratorium is lifted
SUMMARY AND ACTION REQUESTED:
Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues
needing to be studied for the moratorium to be lifted.
BACKGROUND AND STAFF REPORT:
On July 7th 2015, an interim ordinance declaring a moratorium for a period of 12 months on
residential development within the stage one development area and all development activity
within the stage two or three development areas as described by the Lake Elmo Comprehensive
plan was adopted. The city council needs to produce a statement of finding by July 7th stating
what was addressed and/or changed during the moratorium period, or state findings and institute
another 6 month period with stated goals for the additional extension. For clarification purposes,
this moratorium does NOT apply to Stage one development as follows
a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or
b) projects that have paid advance water service committee fees.
c) any project that would benefit the community by the installation of essential services like sewer, water, storm sewer, or other public safety mechanisms.
Nor does the moratorium apply to state 2 and 3 development as follows.
a) projects that have been granted concept, preliminary, or final plan and/or plat
approval; or
b) projects that have paid advance water service committee fees.
c) commercial development in cases where the City Council determines that the project
provides sufficient incremental tax value to the community and the developer would bear the whole cost of infrastructure development.
The Moratorium also does not apply to Planned Unit Development applications that meet the
requirements of reduced density per the Met Council’s Thrive 2040 numbers, open space
preservation, public infrastructure efficiency, and other considerations deemed to be in the
community’s best interests.
In short, the moratorium applies to sewered residential development along the I94 corridor.
Given that the moratorium was instituted to study and make possible changes to the Comp Plan
for residential development, the City Council should direct the Planning Commission to address
the issue with Council direction.
RECOMMENDATION:
Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues
needing to be studied for the moratorium to be lifted.
“Move to have the Planning Commission study possible comp plan
amendments for the Stage 1,2 and 3 sewered areas following council direction
before the moratorium is lifted.”
ATTACHMENT(S):
Ordinance 08-123 Interim Moratorium
Staging Map
City of Lake Elmo7-19-2012Data Scource:Washington County, MNI-94 Corridor Development Staging Plan - Lake Elmo, MNK§¨¦94456717456717456710456713§¨¦94145671932456715Stage 1Stage 3Stage 200.510.25MilesMap 3-4
1 475121v6 SJS LA515-1
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into as of _____________, 2016, by and
between the City of Lake Elmo, State of Minnesota, a municipal corporation,
(“Employer”), and Kristina Handt, (“Employee”).
WITNESSETH:
WHEREAS, Employer desires to employ the services of Employee as City
Administrator of the City of Lake Elmo; and
WHEREAS, it is the desire of the City Council (the “Council”), to provide certain
benefits, establish certain conditions of employment and to set working conditions of the
Employee; and
WHEREAS, it is the desire of the Council to: (1) secure and retain the services of
Employee and to provide inducement for Employee to remain in such employment; (2) to
make possible full work productivity to assuring Employee’s morale and peace of mind
with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty
for personal gain on the part of Employee; and (4) to provide a just means for terminating
Employee’s services at such time as she may be unable to fully discharge her duties or
when Employer may otherwise desire to terminate her employment; and
WHEREAS, Employee desires to accept employment as City Administrator of the
City:
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, Employer and Employee agree as follows:
Section 1. Duties.
Employer agrees to employ Employee as City Administrator to perform the functions
and duties specified in the City Code, and Minnesota Statutes Chapter 412, as amended,
and to perform other legally permissible and proper duties and functions as the Council
may from time to time assign to Employee.
Section 2. Term.
A. The term of this Agreement is from March ___, 2016 to March ____, 2019 (the
“Term”). For the convenience of Employer, Employee may hold over Employee’s
employment subsequent to the expiration of the Term until this Agreement is modified or
superseded by a new employment agreement approved by Employee and the Council.
During any holdover period, any such holding over shall also be subject to all other terms
of this Agreement.
2 475121v6 SJS LA515-1
B. Employee will serve at the will of the Council. Nothing in this Agreement
prevents, limits or otherwise interferes with the right of the Council to terminate the
services of Employee at any time, subject only to the provisions set forth in Section 3,
paragraph A of this Agreement.
C. Nothing in this Agreement prevents, limits or otherwise interferes with the right of
the Employee to resign at any time, subject only to the provisions of Section 3, paragraph
B, of this Agreement.
D. Employee agrees to remain in the exclusive employ of Employer and neither to
accept other employment nor to become employed by any other employer during the term
of Employee’s employment.
The term “employed” is not to be construed to include occasional teaching, writing,
consulting or military reserve service performed on Employee’s time off.
Section 3. Termination and Severance Pay.
A. To the extent permitted by law, during the term of this Agreement, if the Employee
is terminated by the Council and at that time Employee is willing and able to perform
Employee’s duties under this Agreement, then Employer agrees to pay Employee a lump
sum cash payment equal to one month’s regular salary for each year of service performed
(“Cash Payment”), and in addition, Employee shall receive the cash equivalent of
Employee’s accumulated PTO pursuant to the City’s Personnel Policy and Employee
Handbook (collectively “Severance Pay”). In the event that Employee has performed a
partial year of service, a percentage of the Cash Payment for the partial year that has been
served by Employee shall be paid in addition to any full years of service that have been
performed. If Employee is convicted of a crime involving theft or fraud as defined in
Minnesota Statutes Chapter 169, as amended, or terminated for other conduct involving
malfeasance or nonfeasance in office, gross misconduct, Employee’s breach of any
material obligations under this Agreement or any other agreement with Employer,
Employee’s willful or repeated failure or refusal to perform or observe Employee’s
duties, responsibilities and obligations to Employer, Employee’s use of alcohol or drugs
in a manner which affects the performance of the Employee’s duties, responsibilities and
obligations to Employer, or commission by Employee of any willful or intentional act
which could reasonably be expected to injure the reputation of Employer or Employee,
Employer shall have no obligation to pay Severance Pay. The lump sum cash payment
included in Severance Pay shall be paid in accordance with Minnesota Statutes Section
465.722, if applicable.
B. Employee will give Employer 45 days’ notice in advance of resignation, unless the
parties agree to waive this notice. In the event that Employee resigns, Employer shall
have no obligation to pay Severance Pay.
3 475121v6 SJS LA515-1
C. In the event of the death of Employee, this Agreement shall terminate.
Employee’s heirs shall be only paid Employee’s earned salary and accrued PTO not paid;
any unpaid expense reimbursements; and any benefits payable under any life insurance
policy maintained by Employer for the benefit of Employee, subject to the terms and
conditions of such policy.
Section 4. Availability for Duties.
Employer and Employee acknowledge that it is critical for Employee to be available to
perform Employee’s duties on behalf of Employer at Employer’s principal place of
business and other City job sites as necessary.
Section 5. Salary.
Employer agrees to pay Employee for Employee’s services rendered pursuant hereto
an annual salary of $105,000 payable in installments at the same time as other employees
of the Employer are paid, effective as of March ___, 2016.
Employer agrees to increase the salary and other benefits of Employee in such
amounts and to such extent as the Council may determine that it is desirable to do so on
the basis of an annual performance evaluation of Employee.
Section 6. Performance Evaluation.
A. The Council will strive to review and evaluate the performance of Employee
annually. The review and evaluation will be in accordance with specific criteria
developed jointly by Employer and Employee. The criteria may be modified as the
Council may from time to time determine in consultation with the Employee.
B. The Council and Employee will annually define in writing the goals and
performance objectives they jointly determine necessary for the proper operation of the
City and the attainment of the Council’s policy objectives and will further establish a
relative priority among those various goals and objectives. The goals and objectives will
generally be attainable within the time limitations as specified and the annual operating
and capital budgets and appropriations provided.
C. In carrying out the provisions of this Section, Council and Employee mutually
agree to abide by the provisions of applicable state and federal law.
4 475121v6 SJS LA515-1
Section 7. Outside Activities.
Employee must not spend more than 10 hours per week in teaching, counseling or
other non-Employer, non-military reserve connected business without prior approval of
the Council.
Section 8. PTO and Military Leave.
A. Employee will accrue, and have credited to Employee’s personal account, paid
time off (“PTO”) at the same rate and under the same conditions as other general
employees of the Employer.
B. Employee shall be entitled to military reserve leave time pursuant to federal and
state law and City policy.
C. Employee’s PTO account shall begin with a balance of 10 days at the time of hire.
Section 9. Dental, Health and Life Insurance.
Employer agrees to provide a benefits package that includes health, dental and life
insurance along with other benefits as outlined in the City’s Personnel Policy and
Employee Handbook. Employee may use accumulated PTO for leave for Employee’s
self, and for any member of Employee’s household regardless of marital status, for any of
the events and circumstances stated in the Family and Medical Leave Act of 1993 (29
C.F.R. Part 825). Such leave shall be administered pursuant to the applicable language of
the City’s Personnel Policy and Employee Handbook.
Section 10. Dues, Subscriptions and Professional Development.
Employer will pay for Employee’s dues and related membership costs to the
MCMA and ICMA and one local service club, provided that routine attendance is made.
Any out of state travel must be approved in advance by the City Council. Other dues and
subscriptions deemed desirable for Employee’s professional participation, growth and
development may be paid if preapproved by the Council.
5 475121v6 SJS LA515-1
Section 11. Indemnification.
Employer will defend, hold harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action arising out of an alleged act or
omission occurring in the performance of Employee’s duties as City Administrator.
Employer will compromise and settle any claim or suit and pay the amount of any
settlement, judgment or reasonable attorneys’ fees rendered thereon consistent with
Minnesota Statutes Section 466.07, as amended. Employer shall pay any costs and
reasonable attorneys’ fees incurred by the Employee to defend charges of a criminal
nature brought against Employee that arose out of the reasonable and lawful performance
of duties for the City as provided in Minnesota Statutes Section 465.76, as amended.
Section 12. Bonding.
Employer will bear the full cost of any fidelity or other bonds required of the
Employee under any law or ordinance.
Section 13. Other Terms and Conditions of Employment.
A. The Council, in consultation with Employee, may fix such other terms and
conditions of employment as it may determine from time to time relating to the
performance of Employee, provided those terms and conditions are not inconsistent with
or in conflict with the provisions of this Agreement, the City Code or any other law.
B. Except as otherwise provided in this Agreement, all provisions of the City Code,
and regulations and rules of the Employer relating to PTO, retirement and pension system
contributions, holidays and other fringe benefits and working conditions as they now exist
or hereafter may be amended, apply to Employee as they would to other employees of
Employer.
Section 14. Notices
Notices pursuant to the agreement are given by deposit in the custody of the United
States mail, postage prepaid, addressed as follows:
(1) EMPLOYER: City of Lake Elmo
Attn: City Clerk
3800 Laverne Avenue N.
Lake Elmo, MN 55042
(2) EMPLOYEE: Kristina Handt
1314 Island Drive
Forest Lake, MN 55025
6 475121v6 SJS LA515-1
Alternatively, notices required pursuant to this Agreement may be personally served in
the same manner as is applicable to process in a civil action. Notice shall be deemed
given as of the date of personal service or as of the date of deposit of such written notice
in the United States mail.
Section 15. General Provisions.
A. This Agreement constitutes the entire agreement between the parties and
supersedes all prior written and oral agreements between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law
and executors of Employee.
C. This Agreement may be amended at any time by mutual consent of Employer and
Employee.
D. This Agreement may be executed in any number of counterparts.
E. This Agreement shall be interpreted pursuant to Minnesota law.
F. The rights of Employee hereunder are personal and may not be assigned or
transferred unless consented thereto in writing by Employer.
G. The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the parties agree that the remaining provisions
shall be deemed to be in full force and effect as if they had been executed by both
parties subsequent to the expungement of the invalid provisions.
H. The failure of either party to complain of any default by the other party or to
enforce any of such party’s rights, no matter how long such failure may continue,
will not constitute a waiver of the party’s rights under this Agreement. No waiver
of any provision of this Agreement shall constitute a waiver of any other provision
or a waiver of the same provision at any later time.
7 475121v6 SJS LA515-1
IN WITNESS WHEREOF, the City of Lake Elmo by its City Council has caused
this Agreement to be executed and delivered in its behalf by its Mayor and duly attested
by its City Clerk, and Employee has executed this Agreement as of the day and year first
above written.
THE CITY OF LAKE ELMO, MINNESOTA
EMPLOYER
By ________________________________
Mike Pearson
Its: Mayor
Attest:
_____________________________
Julie Johnson, City Clerk
EMPLOYEE
____________________________________
Kristina Handt