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04-05-17 CCMP
1111't CITY OF I K E ELMO Om- Alio-ion is io Proiirle Onality 1)111211C Sel7'1C('S 10 a Ficcally Ret- fible '!inner Pirre17'111js, I be Open Space Cliaractcr NOTICE OF MEETING City Council Meeting Tuesday, April 5, 2016 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda Call to Order/Pledge of Allegiance B.: Approval of Agenda C. Approval of Minutes t. Febniary.2 & 16, 2016; Mari:112_& 8, 2016 1,)': Public Comments/inquiries X: Presentations National Library Week Proclamation Consent Agenda /2. Approve Payment of Disbursements 3. Accept 2015 Lake Elmo Firefighters Relief Association Actuarial Report i1 4. Adopt Resolution Requesting a Traffic Light at 50'1' Street - Resolution 2016-25 5. 6. I - Village City Property Sewer Service - Approve Quotes to Complete Sewer Service Connections Approve Hiring of Building Official Adopt Amended 2016 Fee Schedule - Ordinance 08-132 Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine Shed Restaurant - Resolution 2016-26 -9.Savgna 4'1' Addition Developer Agreement 7,Resolution 2016-20 cyt ;2) egular Agenaa ilL.X.tahtn-quist-Commer ingtzremetty-V. n. Easton Village Park Plan 12. 2016 Street improvements - Approve Bids and Award Contract - Resolution 2016-21 13. Inwood Booster Station Improvements - Accept Bids and Award Contract - Resolution 20 _ 14. CSAH 15 (Manning Avenue) - Phase 1 Cooperative Agreement - Resolution 20.16-22 15. Downtown Phase 1 and 2 improvements - Project Update 16. Old Village Phase 2: Street, Drainage and Utility Improvements - Accept Report, Adopt Project Assessment Policy and Call Public Hearing - Resolution 2016-24 17. Mayor's Handbook - Chapter 31 Ordinance Update - Ordinance 08-133 18. Union Negotiation Committee H. Council Reports I. Staff Reports and Announcements J. Closed Session The council will enter a closed .session pursuant to Minn. Stut. § 13,D.05 &bd. 3, in order to develop or consider offers and/or counteroffers Ibr the purchase of real property located at 3504 & 3514 Lake Elnio Avenue and one adjoining vacant parcel in Lake E11770, MMI1CSOhl. K. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Flitlet, Anne Smith, and Jill Lundgren. ABSENT: Councilmember Bloyer. Staff present: Interim Administrator Scluoeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, Building Official Chase and City Clerk Johnson. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Councilmember Smith moved Item 7 to the Regular Agenda. Mayor Pearson moved Item 9 to the Regular Agenda, AGENDA ADOPTED AS AMENDED. ACCEPT MINUTES Minutes of the December 1, 2015, December 15, 2015 and January 19, 2016 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES, City Attorney Sonsalla made a statement concerning the City's position on private versus public data. Mike Reeves, 11075 14(11 Street North, presented a petition requesting -e oval of the censure on Councilmember Bloyer and read comments from the petition. Dana Nelson, 2871 Legion Avenue, thanked the Council for their work, commented on the censure and asked for steps to be outlined for the censure to be lifted. Christine Nelson, 2871 Legion Avenue, asked for consistent standards with conflicts of interest and announced she will run for a seat on the City Council. Barry Weeks, 3647 Lake Elmo Avenue, called for the removal of the censure on Councilmember Bloyer and asked the Council to stop wasting taxpayer money. Pam Harley, 10010 Tapestry Road, read additional comments posted to the online petition for the removal of the censure on Councilmember Bloyer. Wally Nelson, 4582 Lilac Lane North, read additional comments from the online petition and added that residents have spoken up several times in favor of lifting the censure. Dale Dorschner, 3150 Lake Elmo Avenue, presented a formal complaint regarding public comments made at the January 5, 2016 City Council meeting concerning his character. Mayor Pearson apologized to Mr. Dorschner and encouraged the Council to consider lifting the censure, noting that over 300 people signed the petition. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 PRESENTATIONS None 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 Consent Agenda approved as presented. REGULAR AGENDA ITEM 7: Approve Driveway Encroachment and Maintenance Agreement Councilmember Smith requested that the property owner replace trees that were removed at the entrance of the driveway. The applicant was present and agreed to replace trees. Motion TO APPROVE THE DRIVEWAY ENCROACHMENT .4ND MAINTENANCE AGREEMENT FOR JEERASAK POOPHAKUMPANART TO INSTALL A DRIVEWAY' WITHIN AN UNIMPROVED PORTION OF THE PUBLIC RIGHT OF YVAY OWNED BY THE CITY. Motion passed 4 — O. ITEM 9: Clarification of Employment Status of Councilmembers Interim Administrator Schroeder reported that many cities, such as Stillwater, classify City Council Members as employees, particularly as the city becomes larger. City Attorney Sonsalla added that the City Council Members would he treated as employees also for purposes of data practices. Mayor Pearson, seconded by Councihnember Lundgren, moved that FOR THE PURPOSES OF INSURANCE LIABILITY COVERAGE, CITY COUNCIL MEMBERS SHOULD BE TREATED AS EMPLOYEES OF THE CITY. Councihnember Fliflet, seconded by Councihnember Lundgren, moved TO AMEND THE PRIMARY MOTION BY INSERTING "MN STATUTES CHAPTER 13" AFTER "FOR THE PURPOSES OF." Motion passed 3 — 1. (Pearson — nay) Primary motion passed 3 — 1. (Pearson — nay) Mayor Pearson stated that he appreciates getting policies in line with practice but has concerns about transparency. Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 ITEM 10: Easton Village Park Interim Administrator Schroeder reviewed the Easton Village plat, noting the location of the future park and trails. Schroeder explained the Parks Commission recommendation to install the park in three phases as the homes are completed and to begin the first phase this sunimer. Schroeder requested Council approval of the plan so staff could begin to solicit bids. Motion TO DIRECT STAFF TO SOLICIT BIDS FOR PHASE ONE TO BE INSTALLED SUMMER OF 2016. Motion adopted by consensus. ITEM 11: Inwood Booster Station Improvements City Engineer Griffin reviewed the site location, site plan and changes made to the exterior of the proposed building. Councihnember Lundgren, seconded by Councilnzember Smith, moved TO APPROVE RESOLUTION 2016-07, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE INWOOD WATER BOOSTER STATION. Motion passed 4 — O. ITEM 12: Old Village Phase 2: Street & Utility Improvements — Aqprove Plans and pecifications; Authorize Ad for Bids City Engineer Griffin presented the project overview and requested authorization to conduct a formal report. Councihnember Fliflet, seconded by Mayor Pearson, moved TO APPROVE RESOLUTION 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. Motion passed 4 — O. ITEM 13: Washington County Aquatic Invasive Species Milfoil Grant Brief discussion was held concerning treatment of the tri-lakes for milfoi I. Resident Wally Nelson clarified that Lake Jane is treated for milfoil but did not apply for grant finds to otTset the cost. Councihnember Lundgren, seconded by Councilmember Smith, moved THAT THE CITY OF LAKE ELMO SUPPORTS THE AQUA TIC INVASIVE SPECIES GRANTS FOR LAKE DEMONTREVILLE AND OLSON LAKE ASSOCIATION, AND THE LAKE ELMO LAKE ASSOCIATION FOR THE 2016 GRANT PERIOD. Motion passed 4 — O. ITEM 14: Employee Wage Adjustments. Councihnember Smith, seconded by Councilmember Fliflet, moved TO REMOVE THIS ITEM FROM THE AGENDA FOR THE HUMAN RESOURCES COMMITTEE TO REVIEW. Motion failed 3 — 1. (Pearson — nay) Pac.ze 3 of 5 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Mayor Pearson expressed frustration regarding the wage adjustment process and reported on past practice for yearly wage increases. ITEM 15: Seasonal Building Inspector Interim Administrator Schroeder requested that the City Administrator be granted the authority to engage a contractor to assist with building inspections and plan reviews as needed, noting that he anticipates 2016 inspection volume to exceed 2015 volume. Mayor Pearson moved to authorize 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 BENEFITTED STAFF MEMBER. Motion died — no second. Mayor Pearson related his experience owning a seasonal business with irregular demands. Councilmember Fliflet stated she has been working with the Building Official to get statistics to support the need. COUNCIL REPORTS Mayor Pearson: Will hold Visit with the Mayor at Christ Lutheran Church on February 2"d 6:30 — 7:30; thanked Washington County for handling the investigation very professionally for the City; expressed disappointment with his colleagues over recent news stories and entails received while he was on vacation. Councilmember Fliflet: Working with the building department to gather information; attended Library meeting; looking forward to second interviews with City Administrator candidates. Councilmember Smith: passed on report Councilmember Lundgren: Attended City Administrator interviews and will attend second interviews next week. Worked on resident calls and concerns. Councilmember Bloyer: Absent STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Attended City Administrator meeting at Washington County where libraries, adding a county economic development authority and water supplier plan were discussed. Held bi-weekly development meeting with staff working on Developer Agreement template. City Clerk Johnson: Holding Office Administrative Assistant interviews next week, noted that the first meeting in March will be held on Wednesday due to precinct caucuses. Finance Director Bendel: Sent out over 3,000 stonnwater utility bills and fourth quarter utility bills; working on year end close out, payroll reports and county reporting. Page 4 of 5 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 City Attorney Sonsalla: Working with City Staff on template agreements and other issues. City Engineer Griffin: Working with Washington County on Ideal Avenue/CSAH 13 project, attended city engineer annual conference last week. Meeting adjourned at 9:22 pm. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 5 of 5 CITY OF LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Anne Smith, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Items 8 and 9 were moved to the Regular Agenda. Item 17 was removed from the agenda. Minutes were postponed to the next meeting. Agenda approved as amended. PUBLIC COMMENTS(INOUIRIES Mike Reeves, 11075 14th Street North, asked the Council to lift the censure on Councilmember Bloyer, stating that he has made numerous requests and presented a petition requesting the removal of the censure, PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept January 2016 Financial Statements 4. Approve Close Out of MN MIF Grant/Loan to Valley Cartage — Resolution 2016-14 5. Savona Addition — Approve Reduction of Security #1 6. Savona 2" Addition — Approve Reduction of Security #1 7. Waive Duplicate Fee for Zoning Text Amendment Consent Agenda approved as presented. ITEM 8: Refer Horne Occupation Ordinance Review to Planning Commission, Interim Administrator Schroeder provided an overview of the item, Councilmember Smith added that she would like the Planning Commission to look at inconsistencies in the current ordinance and recommend updates. Councilmember Smith, seconded by Mayor Pearson, moved TO REFER THE HOME OCCUPA Tray ORDINANCE TO THE PLANNING COMMISSION TO LOOK AT ONE INCONSISTENCY IN HAIR DRESSING AND CONDUCT FURTHER REVIEW AT A LATER DATE. Motion passed 5 — O. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 ITEM 9: Authorize Posting Building Official Position Interim Administrator Schroeder reviewed the options staff is currently investigating for gap and longer term coverage in the Building Department. Councilmember Fliflet, seconded by Councibnember Lundgren, moved TO DIRECT STAFF TO ADVERTISE, RECRUIT, INTERVIEW AND RECOMMEND FOR EMPLOYMENT THE BUILDING OFFICIAL POSITION. Motion passed 5 — O. ITEM 10: Palmuuist Commercial Wedding Ceremony Venue IUP Postponed to the April 5, 2016 meeting. ITEM 11: Legends Concept Plan Planning Director Wensman provided an overview of the current plan for 40 single family residential lots north of 50111 Street and south of the Sanctuary neighborhood. Wensman reviewed the OP development standards, lot design and interconnected neighborhoods, noting the proposed connection to the Sanctuary neighborhood. Discussion held concerning neighborhood connectivity and future traffic light at 50th Street & Manning Avenue intersection. Wensman reviewed the open space standards and noted where deviation from the code may be needed. Parks Commission review and request for a trail connecting to Sanctuary Park was also reviewed. Councilmember Bloyer, seconded by Mayor Pearson, moved TO REMOVE ALL LIMITS OF DEBATE FOR DISCUSSIONON THIS ITEM Motion failed 3 — 2. (4/5ths vote required. Fliflet, Lundgren — Nay) Discussion was held regarding the proposed connection from Legends to Sanctuary. Administrator Schroeder read a letter from Washington County stating that connecting neighborhoods would increase the likelihood of a traffic signal being installed at the 50" Street and Manning Avenue intersection. Developer Nate Landucci commented on his discussions with the neighboring property owner to resolve common issues such as trees and the access road. Austin Anderson, 11686 56th Street North, spoke on behalf of the Sanctuary Homeowners Association as its President, stating that safety is their chief concern and with a connection to 50th Street through Sanctuary it will become a highway. Todd Nimrno, 11679 58th Street North, stated there are no sidewalks in Sanctuary and over 100 children that use the street to get from house to house, causing a safety concern. Ben Backberg, 5693 Linden Avenue North, presented a petition signed by Sanctuary residents opposed to a road connecting Sanctuary to 50th Street. Sue Hicks, 11836 56th Street, stated it is premature to make a decision on the road cotmection now. Page 2 of 7 LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Michelle Chickett, 5711 Linden Avenue North, agreed with her neighbors and does not want the street to go through. Pamela Chickett, 5711 Linden Avenue North, stated she fully supports her neighbors opposed to the street going through. Patricia Geise, 5805 Linden Avenue North, stated opposition to the street going through. Carolyn Cary, 5701 Linden Avenue North, agreed that that road should not be connected to 50'h street and suggested alternate emergency access via 55th Street. Councilmemberflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-12 WITH ADDITIONAL CONDITION ADDING A CUL DE SAC A T LINDEN AVENUE. Motion failed 2 — 3. (Pearson, Bloyer, Smith — Nay) Councilmembers discussed the proposed park dedication, septic systems and setbacks. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE DEVIATION FROM THE BUFFER REQUIREMENT FOR LOTS 32, 37, 4 AND 3, AND THE ROADWAY NEAR THE HECKER'S PARCEL, REDUCING THE BUFFER TO 100 FEET WITH THE ADDITION OF AN APPROVED WRITTEN AGREEMENT BETWEEN THE DEVELOPER AND THE HECKERS AT PRELIMINARY PLAT. Motion passed 4— 1. (Bloyer — Nay) Councilmember Bloyer stated that the Ordinance should be followed. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE DEVIATION FROM THE OP — OPEN SPACE PRESERVATION DEVELOPMENT STANDARDS TO ALLOW LOTS WITHIN AREAS CLASSIFIED AS PRIME FARMLAND. Motion passed 4 — 1. (Bloyer — Nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-12. Councilmember Fliflet, seconded by Councilmember Smith, moved TO AMEND THE PRIMARY MOTION TO ADD THAT THE DEVELOPER WILL WORK WITH THE PARKS COMMISSION ON PARKS PLANS FOR THIS DEVELOPMENT AND A RECOMMENDATION WILL BE BROUGHT TO COUNCIL BEFORE THE PRELIMINARY PLAT. Amendment passed 4 — 1. (Bloyer — Nay). Primary motion passed 4 — 1. (Bloyer — Nay) ITEM 12: Policy for Agenda Hems Administrator Scluoeder introduced the item and noted that this topic may also be discussed during the adoption of the Mayor's Handbook at the March 8th Council Workshop. Dale Dorschner, 3150 Lake Elmo Avenue North, stated this policy is unnecessary and the City has run for decades without a policy like this. Page 3 of 7 LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Dave Faint, 3617 Laverne Avenue North, stated that this policy could be a problem and could keep important items off the agenda. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO SETA 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. Motion passed 3 — 2. (Pearson, Bloyer — Nay) ITEM 13: Public Comments on Agenda Administrator Schroeder reviewed the memo proposing that the Public Comment section of the City Council Agenda be moved to follow Regular Agenda items. Councilmember Lundgren stated she brought this proposal to the Council as a result of complaints from residents stating that the Public Comment portion of the meeting is too long. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO MOVE PUBLIC COMMENTS TO FOLLOW REGULAR AGENDA ITEMS ON THE CITY COUNCIL AGENDA. Motion failed 1 — 4. (Pearson, Bloyer, Fliflet, Smith — Nay) Dale Dorschner, 3150 Lake Elmo Avenue North, expressecl frustration with Councilmembers not listening to residents. Barry Weeks, 3647 Lake Elmo Avenue North, recommend that the order of agenda items follow the Mayor's Handbook with public comments at the beginning, Dick Wier, 3645 Laverne Avenue North, stated it is the people's right to speak. Bryan Butler, 3631 Laverne Avenue North, stated that this item feels like an attempt to silence the public. Dave Faint, 3617 Laverne Avenue North, stated that this item sounds like censorship. Councilmember Fliflet stated that the proposal is to help the meetings run better and help residents be heard who have items on the Regular Agenda. Fliflet stated she would not support this item because of how the intent has been misrepresented. ITEM 14: Single Fire Station — Reconsider 12/15/15 Vote Interim Administrator Schroeder reviewed the request from Mayor Pearson to reconsider a vote to make preparations to identify a site for a single fire station. Mayor Pearson, seconded by Councilmember Bloyer, /moved TO DIRECT THE LAKE ELMO FIRE DEPARTMENT TO MAKE PREPARATIONS TO MOVE TO ,9 SINGLE FIRE STATION AND IDENTIFY APPROPRIATE SITES. Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Councilmember Bloyer moved to substitute the current motion with a motion TO INSTRUCT CHIEF MALMQUIST TO MEET WITH COUNCILMEMBERS SMITH AND LUNDGREN FOR FURTHER INFORMATION. Motion failed — no second. Primary motion failed 2 — 2. (Fliflet, Smith — Nay) ITEM 15: Inwood Trunk Water main Improvements City Engineer Griffin reviewed the bid process and recommended awarding the project to the low bidder, Northdale Construction. Public hearing was held and no members of the public were present to speak. Mayor Pearson, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION 2016-15, ACCEPTING BIDS AND AI,VARDING A CONTRACT TO NORTHDALE CONSTRUCTION COMPANY, INC. IN THE BASE BID AMOUNT OF $1,411,737..31 FOR THE INWOOD TRUNK WATERMAIN IMPROVEMENTS. Motion passed 4 — O. ITEM 16: IPAD Request Interim Administrator Schroeder reviewed the options for requesting an opinion from the Department of Administration — Information Policy Analysis Division, concerning the status of a letter written by the fonner City Attorney David Snyder. Councilmember Fliflet, seconded by Councilmember Smith, moved 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. Councihnember Bloyer, seconded by Mayor Pearson, moved TO AMEND THE MOTION TO ADD THE WORD "NOT" BEFORE "REQUEST AN OPINION FROM IPAD". Motion failed 2 — 2. (Fliflet, Smith —Nay) Primary motion failed 2 — 2. (Pearson, Bloyer — Nay) ITEM 18: Repairs to Engine 2 •e1fl o vedjivnz ige/ 1(1(1) Interim Administrator Schroeder invited Council input on repairs to be made to Fire Department Engine, noting that this engine is scheduled to be replaced next year. ITEM 19: Buildina Official Ordinance Interim Administrator Schroeder reviewed infonnation provided to the Council regarding the Building Official Ordinance and reporting structure in the City's Ordinance. Page 5 of 7 LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Councilmember Fliflet moved TO CHANGE THE CITY ORDINANCE TO HAVE THE BUILDING OFFICIAL REPORT TO THE PLANNING DIRECTOR. Motion failed — no second. Mayor Pearson, seconded by Councihnember Bloyer, nzoved TO CHANGE THE ORGANIZATIONAL CHART TO ALIGN WITH THE CITY CODE AND HAVE THE BUILDING OFFICIAL REPORT TO THE CITY ADMINISTRATOR. Motion failed 2 — 2. (Flitlet, Smith — Nay) ITEM 20: Planning. Commission to Review Land Use Interim Administrator Schroeder noted that the moratorium will be expiring soon and requested that the Council provide guidance to the Planning Commission as to the land use issues and moratorium. Discrepancies in the staff memo regarding projects that have paid advance water service committee fees were discussed. Mayor Pearson, seconded by Councilmember Bloyer, moved THAT IN RESPONSE TO MET COUNCIL SYSTEM STATEMENTS, THE LAKE ELMO CITY COUNCIL DIRECTS THE PLANNING COMMISSION TO STUDY POSSIBLE COMP PLAN AMENDMENTS FOR THE STAGE 1, 2 AND 3 SEWERED AREAS. Motion failed 2 — 2. (Fliflet, Smith — Nay) Councilmember Fliflet stated this process should start at the City Council level at a workshop. Councilmember Fliflet, seconded by Councilmember Smith, moved TO PLACE REVIEW OF LAND USE ON THE APRIL WORKSESSION AGENDA. Motion passed 3— 1. (Bloyer — Nay). ITEM 21: City Administrator Contract Interim Administrator Schroeder provided an update on the City Administrator hiring process. Councilmember Smith, seconded by Councilmember Fliflet, moved TO DIRECT COUNCILNIEMBER FLIFLET AND MAYOR PEARSON TO NEGOTIATE A CONTRACT WITH THE CITY ADMINISTRATOR CANDIDATE AND BRING DISCUSSION BACK TO THE CITY COUNCIL FOR A VOTE. Motion passed 4 — O. COUNCIL REPORTS Mayor Pearson: No report Councilmember Flitlet: Attended many library meetings and denied that she has not been providing library information to the City Council, adding that there has been nothing concrete to report. Councilmember Smith: Wished the Stillwater High School Boys Hockey team good luck at the State Tournament. Councilmember Lundgren: Absent. Councilmember Bloyer: No report. Page 6 of 7 LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 'AFFREPORM AND ANNOUNCEMENTS Interim City Administrator Schroeder: Thanked staff for filling, in for him during his vacation. City Clerk Johnson: Welcomed new staff members Patti Stucke and Emily Becker. Finance Director Bendel: No report. City Attorney Sonsalla: No report. Planning Director Wensman: No report. City Engineer Griffin: Reported on cracks in the Discover Crossing bridge that are not urgent but will be investigated further. Meeting adjourned to closed session at 2:20 a.m. pursuant to Minnesota Statutes Section 13D.05, subdivision 3(b) to discuss litigation strategy with respect to the State of Minnesota v. 3M Company lawsuit, Meeting returned to open session at 3:01 a.m. Meeting adjourned at 3:01 a.m. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 7 of 7 `HIE CITY Or LkKE ELMO AYOR & COU CILCO U ICAT 0 DATE: April 5, 20l6 CONSENT ITEM MOTION AGENDA ITEM: Approve Disbursements in the amount of $222,822.17 SUBMITTED BY: Patty Baker, Accountant THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director liGGES'If ED ORDER OF 13USINESS: Introduction Item .... (.'ity Administrator ...... ..... __........City Administrator Questions front Council to SUi I\ilayor Facilitates Call for vlotion ..... Mayor & C'ity C'ouncil Discussion ..... ..... Mayor City Council Action on Nvlotun..... ...... ... ...... . Mayor l'acilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: S222,877.17 SUMMARY AND ACTION REQUESTED:, As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S222,822.17. 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 _ April 5, 2016 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 $ 14,914.91 Payroll Taxes to IRS & MN Dept of Revenue 03/31/16 ACH $ 6,660.71 Payroll Retirement to PERA 03/31/16 DD7063-DD7085 $ 34,818.64 Payroll Dated (Direct Deposit ) 03/31/16 44108-44114 $ 5,225.79 Accounts Payable 03/29/16 44115-44184 $ 161,142.12 Accounts Payable 04/05/16 2756 60.00 Library Card Reimbursement 04/05/16 TOTAL $ 222,822.17 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 $22?,822.17. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: Patty13 Printed: 03/3112016 - 10:41 AM Batch: 011-03-2016 !nvoice4 Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine ADVGR Advanced Graph ix, Inc. 193657 12/21/2015 240,00 0.00 04105/2016 Graphics for Building vehicle No 0000 101-420-2400-44300 Miscellaneous 193657 Total: 240.00 ADVGR Total: 240.00 AMAZONIN Amazon Inc 02/10/2016 975.31 0.00 04/05/2016 Adult, teen arid kids books & dvds No 0000 206-450-5300-42500 Library Collection Maintenance 02/10/2016 110.17 0,00 04/05/2016 Operating supplies No 0000 206-450-5300-42000 Office Supplies 02/10/2016 51.86 0.00 04/05/2016 Program supplies No 0000 206-450-5300-44300 Miscellaneous Total: 1,137.34 AMAZONIN Total: 1,137.34 BA1KERTAY Baker & Taylor 2031725667 02/17/2016 206-450-5300-42500 Library Collection Maintenance 2031775662 02/17/2016 206-450-5300-42500 Library Collection Maintenance 2031725662 Total: 203 1725664 02/17/2016 206-450-5300-42500 Library Collection Maintenance 203 [725664 Total: 2(.131725665 02/17/2016 206-450-5300-42500 Library Collection Maintenance 2031725665 Total: 2031725666 02/17/2016 206-450-5300-42500 Library Collection Maintenance 2031725666 Total: 203 1725697 02/1712016 206-450-5300-42500 Library Collection Maintenance AP - To Be Paid Proof List (03131/16 - 10:41 AM) 8.44 0.00 04/05/2016 Book 33.43 0,00 04/05/2016 Books 41.87 5.19 0.00 04/05/2016 Books 5.19 24,76 0,00 04/05/2016 Books 24.76 474.90 0.00 04/05/2016 Books 474.90 110,12 0.00 04/05/2016 Books No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 1 invoice ti Inv Date Anionin Quantity Prat Date Description Reference Taslc Type PO t Close POLine 2(131725697 Total: 110,12 203 I 749845 02/25/2016 16.59 0.00 04105/2016 Book No 0000 206-450-5300-42500 Library Collection Maintenance 2031749845 Total: 16,59 2031749846 02/25/2016 104.87 0.00 04/05/2016 Books No 0000 206-450-5300-42500 Library Collection Maintenance 2031749346 Tota1; 104.37 2031749347 02/25/2016 7.75 0.00 04105/201(i Book No 0000 206-450-5300-42500 Library Collection Maintenance 2031749847 Total: 7,75 2031749843 02/25/2016 59,30 0.00 04/05/2016 Books No 0000 206-450-5300-42500 Library, Collection Maintenance 2031749848 Total: 59.30 2031775651 03/03/2016 87.61 0.00 04/05/2016 Book No 0000 206-450-5300-42500 Library Collection Maintenance 2031775651 Tota1: 87.61 2031775652 03/03/2016 9.39 0.00 04/05/2016 Book No 0000 206-450-5300-42500 Library Collection Maintenance 2031775652 Total: 9.39 2031775653 03/03/2016 75.56 0.00 04/05/2016 Book No 0000 206-450-5300-42500 Library Collection Maintenance 2031775653 Total: 75.56 2031775723 03/03/2016 145.75 0.00 04/05/2016 books No 0000 206-450-5300-42500 Library Collection Maintenance 2031775723 Total: 145.75 K61 152050 02/12/2016 19.97 0.00 04/05/2016 Adult dvd P4o 0000 206-450-5300-42500 Libra!), Collection Maintenance K61152050 Total: 19.97 BAKERTAY Total: 1,184.13 BOLTONME Bolton & Menk, Inc 0188102 03/14/2016 70.00 0.00 04/05/2016 2013.126 PVR_ Station No 0000 601-494-9400-43030 Engineering Services 0188102 03/14/2016 105,00 0,00 04/05/2016 2013.126 PVR Station No 0(1(10 602-495-9450-43030 Engineering Services 0183102 Total: 175.00 BOLTONME Total: 175,00 C A C Companion Animal Control, LLC Feb 16 03/15/2016 500.00 0,00 04/05/2016 Animal Control - February - No 0000 101-420-2700-43160 Impounding Fcb 16 03/15/2016 60.00 0.00 04/05/2016 Dog pickup/Impound 7am-7pm No 0000 101-420-2700-43 I 60 Impounding AP - To Be Paid Proof List (03/31716 - 10:4 I AM) Page 2 :Invoice If i»v Date mount Quantity Putt Date Description Reference Task Type l'O /1 Close POLine Feb 16 D3/15/2016 101-420-2700-43160 impounding Feb 16 Total: C A C Total: 45,00 0,00 04/05/2016 Dog pickupilinpound 7pm-7arn 605.00 605.00 No 0000 CAROM EMB Cardmember Service 03/19/2016 130.00 0.00 04!05/2016 PW No 0000 101-430-3 I 00-44300 Miscellaneous 03/19/2016 92.43 0.00 04/05/2016 Personal - MB No 0000 101-000-0000-11500 Accounts Receivable 03/19/2016 165.67 0.00 04/05/2016 Building repair supplies No 0000 101-450-5200-42250 Landscaping Materials 03/19/2016 350.00 0.00 (14/05/2016 Park Bench. parts No 0000 I 01-450-5200-44040 Repairs/Maint Eqpt 03/19/2016 95,00 0.00 04/05/2016 Li ofM No (1000 l 01-430-3100-44370 Conferences & Training 03/19/2016 64.26 0,00 04/05/2016 Holiday No 0000 10 I -420-2220-44300 Miscellaneous 03/19/2016 10.69 0.00 04/05/2016 Hose No 0000 101-420-2220-42400 Small Tools & Equipment 03/19/2016 42.64 0.00 04/05/2016 Anitfreeze No 0000 101-420-2220-44040 Rcpairs/Maint Eqpt 03/19/2016 45.00 0,00 04/05/2016 Constant Contact No 0000 101-410-1450-43180 Information Technology/Web 03/19/2016 50,00 0.00 04/05/2016 Software - monthly charge No 0000 101-430-3100-43180 Information Technology/Web 03/19/2016 90,00 0.00 04/05/201 6 JOT notes No 0000 101-420-2400-44330 Dues & Subscriptions 03/19/2016 23,91 0.00 04/05/2016 Fuel No (1000 101-420-2400-42120 Fuel, Oil and Fluids 03/19/2016 290.00 0.00 04/05/2016 Plumbing seminar - No 0000 101-420-2400-44370 Conferences & Training 03/19/2016 43.17 0.00 04/05/2016 Supplies No 0000 206-450-5300-42000 °Bice Supplies 03/19/2016 160.97 0.00 04/05/2016 Library resources No 0000 206-450-5300-42500 Library Collection Maintenance 03/1912016 42.83 0,00 04/05/201 6 Personal Charge ND - No 0000 101-000-0000- I 1500 Accounts Receivable Total: 1,696.57 CARDMEM13 Total: 1.696,57 CARQUEST Car Quest Auto Parts 2055-373692 03/18/2016 39.82 0.00 04/05/2016 Parts 101-430-3100-44040 Repairsqvlaint Eqpt AP - To Be Paid Proof List (03/31/16 - 10:41 AM) No 0000 Page 3 Invoice tt Inv Date 2055-373692 Total: 2055-373693 03118/21116 101-430-3100-42210 Equipment Parts 2055-373693 Total: 2055-374145 03/23/2016 101-430-3100-42150 Shop Materials 2055-374145 Total: 2055-374607 03/29/2016 101-430-3100-42230 Building Repair Supplies 2055-374607 '11" otal: 2055-374649 03/30/2016 101-430-3100-44040 Repairs/Maint Eqpt 2055-374649 Total: CARQUEST Total: Arnannt Quantity Pint Date Description' Reference Task Type PO tt Close I'Oline # 39.87 35.47 0.00 04/05/2016 Parts No 0000 15.76 0.00 04/0512016 Shop supplies No 0000 6.94 0.00 04/05/2016 Parts No 0000 51,15 0.00 04/05/2016 Parts No 0000 35.47 1576 6.94 51.15 149.14 CDW CDW Government Inc. CKC4506 03/13/2016 189,00 0,00 04/05/2016 Replace monitor - Station 2 101-420-2220-42000 Office Supplies CKC4506 Total: 189,00 CDW Total: 189.00 CENTPOW Century Power Equipment 683453 03/30/2016 124,15 0.00 04/05/2016 Parts 101-450-5200-42210 Equipment Parts 6S3453 Total: 124.15 CENTPOW Total: 124.15 COLDWELL Coldwell Banker Commercial 41058 02/25/2016 206-450-5300-44010 Repairs/Maint Bldg 41058 Total: 41070 03/01/2016 206-450-5300-44010 Repairs/Maint Bldg 41070 Total: COLDWELL Total: 25,78 0.00 04/05/2016 Filter service 25.78 190,00 0.00 04/05/2016 Preventative maintenance 190.00 215.7S COORD1N Coordinated Business Systems CNIN206059 1)3/22/2(116 123.75 0,00 04/05/2016 Maintenance 101-4 I 0-1940-44040 Repairs/Maint Contractual Eqpt CNIN206059 Total: 123,75 AP - To Be Paid Proof List (03/31/)6 - 10:41 AM) No 0000 No 0000 No 0000 No 0000 No 0000 Page 4 Invoice Inv Date Amount- Onantity Pint Date Description Reference Task Type PO # Close POUiie # COOR.D1N Total: 123,75 CTYOAKDA City of Oakdale 201603095089 03/09/2016 101-420-2220-44040 Repairs/Maint Eqpt 201603095089 Total: 201603095090 03/09/2016 101-420-2220-44040 Repairs/Maint Eqpt 201603095090 Total: 201603095099 03/09/2016 602-495-94.50-42270 Utility System Maint Supplies 201603095099 Total: 201603245127 03/24/2016 101-420-2220-44040 Repairs/Mail-it Eqpt 201603245127 Total: CTYOAKDA Total: 75.00 0.00 04/05/2016 1.1 route computer wires No 0000 75.00 75.04 0.00 04/0512016 CV1 - oil change, rotate tires No 0000 78.04 1,530,50 0.00 04/05/2016 Hudson Rd Sewer Line No 0000 1,530,50 334.95 0,00 04/05/2(116 112 - replace batteries No 0000 334.98 2,018.52 CTY ROS EV City of Roseville 221282 (13/16/2016 48.00 0.00 04/05/2016 Acrobat subscription No 0000 101-410-1320-43190 Software Programs 221282 'Fowl: 48.00 CTYROS EV Total: 48,00 DEMCO Demco 5766691 03/01/2016 64.67 0.00 04/05/2016 label protectors No 0000 206-450-5300-42500 Library Collection Maintenance 5766691 Total: 64.67 DEMCO Total: 64.67 DiTCHWIT Ditch Witch of Mu, Inc. P16038 03/22/2016 274.88 0.00 04/05/2016 Parts No 0000 601-494-9400-44030 RepairsVvlaint Imp Not Bldgs P16038 03/22/2016 274.88 0.00 04/05/2016 Parts No 0000 602-495-9450-44030 Repairs\ Maint Imp Not Bidgs P16038 Total: 549.76 Of roiwrr Total: 549.76 DPCINDUS DPC Industries, Inc, 527000297-16 03/21/2016 183.00 0.00 04105.'2016 Chlorine 601-494-9400-42160 Chemicals 8271)1)0297-16 Total: 183.00 AP - To Be Paid Proof List 03/31/16 - 10:41 AND No 0000 Page 5 'zitvolee # Inv Date Alumna Quantity Pint Date Description Reference DPCINDUS Total: 183.00 ETU -JP UM Electric Purim, Inc 57432 03/1812016 603.10 0.00 04/05/2016 Repairs 6(12-495-9450-44030 Repairs \Main( Imp Not Bldgs 57432 Total: 603.10 ELECTPUM Total: 603,10 EME..RGAPP Emergency Apparatus Maint. Inc 85211 02/18/2016 20796 0.00 04/05/2016 El- repair siren I 01-420-2220-44040 Repairs/Maint Eqpt 85211 Total: 207.96 EMERGAPP Total: 207.96 EMERGAUT Emergency Automotive Tech, Inc AW032816-5 03/2812016 101-430-3100-42210 Equipment Parts ,kW032816-5 Total: EMERGAUT Total: 7.50 0.00 04/05/2016 Parts 7.50 7.50 Task Type PO # Close POLine # Enright Enright Robert Cable 03/14/2016 55,00 0.00 04/05/2016 Cable 3.14.16 PC meeting 101-410-1450-43620 Cable Operations Cable Total: 55.00 Enrighl Total: 55.00 FASTENAL Fastcnal Company MNOAK13200 03/16/2016 101-430-3100-42150 Shop Materials MNOAK13200 Total: MNOAKI32O7 03/16/2016 101-430-3100-42150 Shop Materials MNOAK13207 Total: FASTENAL Total: 136,93 0.00 04/05/2016 Shop supplies I 36.93 4,13 0.00 04/05/2016 Shop supplies 4.13 141.06 FOCUS Focus Engineering, Inc. 2625-2629 03/28/2016 988.75 0.00 04/05/2016 Building 101-420-2400-43030 Engineering 2625-2629 03/28/2016 22.50 0.00 04/05/2016 PW 101-430-3100-43030 Engineering Services AP - To Be Paid Proof List (03/31/16 - 10:41 AM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0000 No WOO Page 6 invoice # hiv Date Amount- Quantity Pint Date Description Reference Task Type PO # Close POLim # 7(05-2629 03/28/2016 1,929.57 0.00 04105/2016 General No 0000 101-410-1930-43030 Engineering Services 0000 '7675-26-'9 03/28/2016 886.26 0.00 04/05/2016 Planning No 101-410-1910-43030 Engineering Services 2(05-2629 03/28/2016 565.00 0.00 04/05/20 I 6 ROW No 0000 101-430-3100=13030 Engineering Services 2625-2629 Total: 4,392.08 2630 01/28/2016 847.50 0.00 04/05/2016 Water No 0000 601-494-9400-43030 Engineering Services 2630 03/28/2016 521.25 0.00 04/0512016 Sewer No 0000 602-495-9450-43030 Engineering Services 26300 03)28/2016 405.00 0.00 04/05/2016 SW No 0000 603-496-9500-43030 Engineering, Services 2630 Total: 1,773.75 2631 03/28/2016 1.408.32 0.00 04/05/2016 Transportation & Traffic No 0000 409-480-8000-43030 Engineering Services 2631 03128/2016 3,288.16 0.00 04/05/2016 Street Maintenance No 0000 409-480-8000-43030 Engineering Services 2631 Total: 4,696.48 2632 03/28/2016 334.02 0.00 04/05/2016 CS AH 15 No (11° (1()) 602-495-9450-43030 Engineering Services 2632 Total: 334.02 2633 03/28/2016 6,690.91 0.00 04/05/2016 LE Ave Corridor No 409-480-S000-43030 Engineering Services 2633 Total: 6,690.91 2634 03/28/2016 2.206.25 0.00 04/05/2016 Inwood Booster Station No 0000 601-494-9400-43030 Engineering Services 2634 Total: 2,206.2.5 2635 03/28/2016 3,190,00 0.00 04/05/2016 'Inwood Trunk Watennain No 0000 601-494-9400-43030 Engineering Services 2635 Total: 3,190.00 2636 03/2812016 48.75 0.00 04/05/2016 Eagle Point Blvd No 0000 409-480-8000-43030 Engineering Services 2636 Total: 48.75 2637 03/28/2016 450.00 0.00 04/05/2016 CSAH 13 No 0000 409-480-8000-43030 Engineering Services 2637 Total: 450.00 2638 03/28/203,656.03 16 0.00 04/05/2016 2016 Street improvement No 0000 409-480-8000-43030 Engineering Services 2638 Total: 3,656,03 2639 03128/2016 2,103.75 0.00 04/05/2016 Inwood Water Tower No 0000 601-494-9400-43030 Engineering Services 2639 Total: 2,103,75 2640 03/28/2016 74(05 0.00 04/05/2016 2016 Seal Coat No 0000 409-480-8000-43030 Engineering Services AP - To Be Paid Proof list (03131/16 - 10:41 AM) Page 7 invoice # ins' Date Amount Quantity Vint Date Description Reference Task Type PO # Close POLine it 2610 Total: 746.25 2641 03128/2016 723,75 0.00 04/05/2016 2016 Crack Seal Coat No 0000 409-480-8000-43030 Engineering Services 2641 Total: 223.75 2642 03/28/2016 2,558.75 0.00 04/05(2016 OLd Village Phase 2 No 0000 409-480-S000-43030 Engineering services 2642 Total: 2,558,75 2643 (13/28/2016 445.03 0.00 04/05/2016 Village East Trunk Sewer No 0000 803-000-0000-229 I 0 Developer Payments 2643 Total: 445.03 2644 03/28/2016 269.32 0.00 04/05/2016 Lennar 1-94 corridor No 0000 803-000-0000-22910 Developer Payments 2644 Total: 269.32 2645 03/28/2016 517.70 0.00 04/05/2016 Boulder Ponds No 0000 803-000-0000-22910 Developer Payments 2645 Total: 512.70 2646 03/28/2016 210.0(1 0.00 04/05/2016 Hammes No 0000 803-000-0000-22910 Developer Payments 2646 Total: 210.00 2647 03/28/2016 143.78 0.00 04/05/2016 Wildflower. No 0000 803-000-0000-22910 Developer Payments 2647 'fotal: 143.78 2648 03/28/2016 965.40 0.00 04,05/2016 Village Preserve No 0000 803-000-0000-22910 Developer Payments 2648 Total: 965.40 2649 03/28/2016 620,06 0.00 04/05/2016 Easton Village No 0000 803-000-0000-229 I 0 Developer Payments 2649 Total: 620.06 2650 03/28/2016 1,162.20 0.00 04/05/2016 Inwood No 0000 803-000-0000-22910 Developer Payments 2650 Total: 1.162.20 2651 03/28/2016 150.74 0.00 04/05/2016 Hunters Crossing II No 0000 S03-000-0000-22910 Developer Payments 2651 Total: 150.74 2652 03/28/2016 490.00 0.00 04/05/20 (6 Savona II I No 0000 803-000-0000-22910 Developer Payments 2652 Total: 490.00 2653 03/28/2016 670.06 0,00 04/05/2016 Auto Owners No 0000 I 803-000-0000-22910 Developer Payments 2653 Total: 670.06 2654 03/28/2016 300.00 0.00 04/05/2016 Legends OP No 0000 803-000-0000-22910 Developer Payments 2654 Total: 300.00 2655 03/28/2016 990.0(1 0.00 04/05/2016 1SD 916 Eagle Point School No 0000 803-000-0000-22910 Developer Payments AP - To Be Paid Proof List (031311 6 - 10:41 AM) Page S In -voice 7rt NV Date Amount Qii tity Pint Date Description Reference Task Fype PO it Close POLine # 2655 Total: 990.00 2656 03/28/2016 1,386,25 0.00 04/0512016 Savona IV No 0000 803-000-0000-22910 Developer Payments 2656 Total: 1,386,25 2657 03/2812016 1.769,16 0.00 04105/2016 Inwood III No 0000 803-000-0000-22910 Developer Payments 2657 Total: 1,769.16 2658 03728/2016 633.75 0.00 04/05/2016 Boulder Ponds 11 No 0000 803-000-0000-229 10 Developer Payments 2658 Total: 633,75 2659 03128/2016 792.50 0.00 04/05/2016 Village Preserve It No 0000 803-000-0000-22910 Developer Payments 2659 Toil: 792,50 2660 03/28/2016 360.00 0,00 04/05/2016 The Royal Golf Course No 00(10 803-000-0000-22910 Developer Payments 2660 Total: 360.00 FOCUS Total: 44,941,77 FRANCOTY Francotyp-Postalia, Inc R1102770873 03/18/2016 101-410-1320-42000 Office Supplies R1_102770873 Toutl: FRANCOTY Total: GIBSONJU Gibson Judy 03/04/2016 206-450-5300-44300 Miscellaneous GII3SONJU Total: GKSERVIC G&K Seiyices 1182600365 03/16/2016 101-430-3100-44170 Uniforms 1182600365 Total: 1182611862 03/23/2016 101-430-3100-44170 Uniforms 1182611862 Total: GKSERVIC Total: GONYEA Gonyea Homes 2015-382 03/23/2016 803-000-0000-22900 Deposits Payable AP - To 13e Paid Proof List (03/31/16 - 10:41 AM) 12223 0,00 04/05/2016 lnk for postage machine No 0000 222.23 222.23 103.96 0,00 04/05/2016 Flower reimbursement 103.96 103,96 35.15 0,00 04/05/2016 Uniforms 35.15 35.15 0,00 04/05/2016 Uniforms 35.15 70,30 5,000.00 0.00 04/05/2016 Escrow refund 10994 57th Street No 00(10 No 0000 No 00(10 No 0000 Page 9 Invoice 4 Inv Date 2015-382 Total: GONY EA Total: Cif( EATAM Great America Financial 18464417 03/16/2016 101-410-1940-44040 Repairs/Mann Contractual Eqpt 18464417 Total: GREATAM Total: HACH HACH Company 9840891 03/15/2016 601-494-9400-42160 Chemicals 9840891 Total: 9859545 03/28/2016 601-494-9400-42160 Chemicals 9859545 Total: 9861580 03/2912016 601-494-9400-42160 Chemicals 9861580 Total: HACH Total: Amount Qtrointity Pint Date Description Reference Task Type PO # Close POLine 5,000.00 5,000.00 415.58 0.00 04/05/2016 Copier maintenance 415.58 415.58 No 0000 121.12 0.00 04/05/2016 Chemicals No 0000 121,12 309.15 0.00 04/05/2016 Fluoride No 0000 309.15 240.45 0.00 04/05/2016 Fluoride No 0000 240.45 670.72 HOLIDAYC Holiday Credit Office 03/15/2016 73.30 0,00 04/05/2016 Fuel 101-420-2220-42120 Fuel, Oil and Fluids Total: 73.30 HOLIDAYC Total: 73.30 INNOVAT Innovative Office Solutions 1N1112471 03/10/2016 101-410-1910-42000 Office Supplies IN] 112471 03/1012016 101-410-1320-42000 Office Supplies 1NI 112471 Total: IN1117085 03/15/2016 101-420-2400-42000 Office Supplies !NI 117085 Total: 1N1126226 03/24/2016 10]-410-1320-42000 Office Supplies 1N1126226 Total: IN1129390 03/28/2016 101-410-1320-42000 Office Supplies 1N1129390 Total: AP - To Be Paid Proof -List (.03/31/16 - 10:41 AM) 3.71 0.00 04/05/2016 Supplies 83.00 0.00 04/05/2016 Paper 86,71 23,80 0.00 04/0512016 Desk trays 23.80 13.58 0.00 04/05/2016 Name Badge - Kristina Handt 13.58 68.00 0,00 04/05/2016 Business Cards - Handt 68.00 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice Inv Date AIT101111i Quantity Pant Date Description Reference INNOVAT Total: 19209 Task Type P() # Close POLine # kathfuel Kath Fuel Oil Service Co 548481 03/08/2010 586.93 0.00 04/05/2016 Fuel - No 0000 101-430-3100-42120 Fuel. Oil and Fluids 548481 Total: 586.93 548482 03/08/2016 549,77 0.00 04/05/2016 fuel No 0000 101-430-3100-42120 Fuel, Oil and Fluids 548482 Total: 549.72 kaih fuel Total: 1,130.65 KENGRAVE Kennedy & Graven, Chartered 130727 03/23/2016 10,769.91 0.00 04705/2010 Civil matters No 0000 101-410-1320-43040 Legal Services 130727 03173/2016 38.75 0.00 04/05/2016 Library No 0000 206-450-5300-43040 Legal Services 130727 03/23/2016 721.50 0.00 04/05/2016 Hammes No 0000 803-000-0000-22910 Developer Payments 130727 03/23/2016 1,67721 0.00 04/05/2016 Savona 1V No 0000 803-000-0000-22910 Developer Payments 130727 03/23/2016 1,149.60 0.00 04105/2016 3M Litigation No 0000 101-4 10-1320-43040 Legal Services 130727 03/2317016 503.75 0.00 04/05/2016 V erizon - Ideal water tower No 0000 601-494-9400-43040 Legal Services 130727 03/23/2016 102.75 0.00 04/05/2016 City Code/Ordinance No 0000 I 01 -410-1320-43040 Legal Services 130727 03/23/2016 1,240.00 0,00 04/05/2016 Local 49 petition/election No 0000 I 01 -4 10-1320-43040 Legal Services 130727 03.03/2016 77,50 0.00 04/05/2016 Nature center - Sunfish Park No 0000 101-410-1320-43040 Legal Services 130727 Total: 16,285.98 KENGRAVE Total: 16,285.98 KINGK King Kassidy Cable 03/21/2016 55.00 0.00 04/05/2016 Parks 3.21.16 No 0000 101-410-1450-43620 Cable, Operations Cable ',rota!: 55.00 KINGK Total: 55.00 Laudscap Landscape Architecture, Inc Task Order 22 03P8/2010 495.00 0.00 04/05/2016 Savona 1-3 - 1st payment - No 0000 803 -000-0000-22910 Developer Payments AP - To Be Paid Proof List (03,'31 /I 6 - 10141 AM) Page 11 Invoice # - — Inv Date Task Order 22 Total: Landseap Total: LCORNELL Cornell Larry 03/21/2016 101-420-2220-43310 Mileage Total: LCORN ELL Total: LENNAR Lerinar Family of Builders 2014-696 03/23/2016 803-000-0000-22900 Deposits Payable 2014-696 Total: 2015-104 03/23/2016 803-000-0000-22900 Deposits Payable 2015-104 Total: /015-122 03/15/2016 803-000-0000-22900 Deposits Payable 2015-122 Total: 2015-123 03/31/2016 S03-000-0000-22900 Deposits Payable 2015-123 Total: 2015-64 03/31/2016 S03-000-0000-22900 Deposits Payable 2015-64 Total: LENNAR Total: LINDHOME Lindstrom Restoration 2015-047 02/29/2016 S03-000-0000-22900 Deposits Payable 2015-047 Total: LINDLIOME Total: LOFT Loffler Companies, Inc. 2190780 03/08/2016 101-410-1940-44040 Repairs/Maint Contractual Eqpt 2190780 Total: LOFP Total: Al' - To Be Paid Proof List (03131/1 6 - 10:41 AM) Amount Quantity Pint Date Description Reference Task Type PO 6 Close POLine # 495.00 495.00 22,68 0.00 04/05/2016 Mileage for training No 0000 22.68 22.68 5,000.00 0.00 04/05/2016 Escrow Refund 513 Juniper Ct No 0000 5,000.00 5,000.00 0.00 04/05/2016 Escrow Refund 9888 7t11 Street No 0000 5,000.00 5,000.00 0.00 04/05/2016 Escrow Refund 754 Juniper No 0000 5,000.00 5,000.00 0.00 04/05/2016 Escrow Refund 783 Juniper No 0000 5,000.00 5,000.00 0,00 04/05/2016 Escrow Reffind 736 Juniper No 0000 5.000,00 25,000.00 1,000.00 0.00 04/05/2016 Escrow Refund 10550 Stillwater Blvd No 0000 1.000,00 1,000,00 524.74 0.00 04.405/2016 Copier maintenance No 0000 524.74 524.74 Page 12 Invoice 6 Inv Date A11101111 t Quantity Prot Date Description Reference Task Type PO tt- Close P()Liner MANUFACT Manufactured Housing Special, 2015-1048 03/14/2015 250.00 0.00 04/0512016 Escrow refund 623 Cimarron No 0000 803.000,00110,22900 Deposits Payable 2015-1048 Total: 250,00 2015-1049 03/14/2016 250.00 0.00 04/05/2016 Escrow refund 609 Cimarron No 0000 803-000-0000-22900 Deposits Payable 2015-1049 Total: 750,00 MANUFACT Total: 500,00 MCCARTHY McCarthy Well Company 203219 03/22/2016 601-494-9400-42270 Utility System Maintenance 203219 Total: MCCARTHY Total: 80,00 0,00 04/05/20 I 6 Pump oil No 0000 80,00 80.00 MENARDSO Menards - Oakdale 135 03/09/2016 126.35 0.00 04/05/2016 Tennis court repairs No 0000 101-450-5200-44030 Repairs/Maint lmp Not Bldgs 135 Total: 126.35 292 03/18/2016 28.97 0.00 04/05/2016 Tools No 0000 101-430-3100-42400 Small Tools & Minor Equipment 292 Total: 28.97 423 03/18/2016 13.24 0.00 04/05/2016 Shop supplies No 0000 101-450-5200-42150 Shop Materials 423 Total: 13.24 463 03/21/2016 77.61 0.00 04/05/2016 Concrete No 0000 101-450-5200-42250 Landscaping Materials 463 Total: 77:61 638 03/21/2016 166.53 0.00 04/05/2016 Shop supplies No 0000 i 01-450-5200-42150 Shop Materials 638 Tolal: 166.53 903 03/21/2016 204.04 0.00 04/05/2016 Tools No 0000 101-430-3100-42400 Small Tools Ar., Minor Equipment 903 Total: 204.04 99856 03/09/2016 145.91 0.00 04/05/2016 Tools No 0000 101-450-5200-42400 Small Tools & Minor Equipment 99856 03/09/2016 145.91 0.00 04/05/2016 Tools No 0000 I 01-430-3 100-42400 Small Tools & Minor Equipment 99856 Total: 291.82 MENARDSO Total.: 908.56 AP - To Be Paid Proof List (03/31116 - 10:41 AM) Page 13 Invoice ti Inv Date MENARDST Menards Stillwater 84028 03/23/2016 101-420-7220-42400 Small Tools & Equipment 84028 03/23/2016 101420-2220-44040 Repairs/Maint Eqpt 84028 Total: MENARDST Total: MN PIPE Minnesota Pipe & Equipment 352190 03/25/2016 601-494-9400-42270 Utility System Maintenance 35219(1 'fotal: MNPIPE Total: MNSECRET Minnesota Secretary of State 03/18/2016 101-410-1320-44330 Dues & Subscriptions Total: MNSECRET Total: rvlSAPROF MSA Professional Services, Inc 8 03/25/2016 601-494-9400-43030 Engineering Services 8 Total: 9 03/29/2016 601-494-9400-43030 Engineering Services 9 Total: MSAPROF Total: SECB MN Fire Service Cert, Board 3982 03/24/2016 101-420-2220-44370 Conferences & Training 3982 Total: MSITC1-3 Total: NORDSTRM Nordstrom Emily Bonus (13/15/2016 101-410-1450-43620 Cable Operations Bonus Total: Cable 03/15/2016 101-410-1450-43620 Cable Operations Amount Quantity Pint Date Description Reference Tast; Type PO # Close POLine 39.85 0.00 04/05/2016 Drill bits/tips 3.49 0.00 04/05/2016 Repairs to El 43,34 43,34 2,073.00 0,00 04/05/2016 Maintenance 2,073.00 2,073.00 120.00 0.00 04"05/2016 Notary Application - Patti Stucke 120.00 120.00 5,087.50 0.00 04/05/2016 Inwood Trunk Watermain 5,082.50 11,414.75 0.00 04/05/2016 Inwood 13oostcr Station 11,414,75 16,497,25 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 80.00 0.00 04415/2016 Instructor 1 Certification - N. Witter No 80.00 80.00 25.00 0,00 04/05/2016 Bonus CC3,14.16 25.00 55.00 0.00 04/0512016 Uperntions 3.14.16 CC No 0000 No 0000 AP - To Be Paid Proof List (03/3)116 - 10:41 AM) Page 14 Invoice ti ins' Date Annitint Quantity Pint Date Description Reference Task Type P0 # Close POLine (MI)le Total: Cable -B 03/151201 6 101-410-1450-43620 Cahle Operations Cable -B Total: NORDSTRM Total: PERFORPO Performance Pools & Spa, Inc 2014-407 03/15/2016 803-000-0000-22900 Deposits Payable 2014-407 Total: PERFORPO Total: PIONEERI Pioneer Rim & Wheel Company 1-327018 03/14/2016 I 01-430-3100-42210 Equipment Paris 1-327018 Total: PIONEERI Total: R[VIIRPRT River Valley Printing 5306 02/29/2016 101-420-2220-42000 Office Supplies 5306 Total: RIVERPRT Total: 55.00 55.00 0.00 04/05/2016 Operations 3.15,16 Planning 55.00 135.00 500,00 0,00 04/05/2016 Escrow Refund 9986 Tapestry 500.00 500.00 68.97 0.00 04/05/2016 Parts 68,97 68.97 No 0000 No 0000 No 0000 38.00 0.00 04;05/2016 Carbonless paper No 0000 38.00 38.00 SAFEFAST Safe -Fast, Inc. 165095 03/04/2016 326.64 (1.00 04/05/2016 Shop supplies 101-430-3100-42150 Shop Materials 165095 Total: 326.64 SAFEFAST Total: 326.64 0000 SAMSCLUB Sam's Club 02,23/2016 44.97 0.00 04/05/2016 Rehab supplies No 0000 101-420-2220-44300 Miscellaneous 02/23/2016 446.89 (1.00 04/05/2016 Vacuum Station 1 No 0000 I 01-420-2220-44010 Repairs/Maint Bldg Total: 491.86 SAMSCLUB Total: 491.86 AP - To Be Paid Proof List (03131.'16 - 10:41 AM) Page 15 invoice # Inv Date Amount Quantity hitt Date Description Reference Task Type l'O # Close l'OLine 4 SECURACC Security Access Systems, Inc 1103 03/18/2016 35000 0,00 04/05120 I 6 Sunfish Park gate repair I ()I-450-5200-44030 Repairs/Maim Imp Not Bldgs 1103 Total: 350.00 SECURACC Total: 350.00 S EH Short Elliott Hernhickson, Inc 312018 03/17/2016 601-494-9400-43030 Engineering Services 312018 Total: 317102 03/08/2016 409-480-8000-43030 Engineering Services 312102 03/0S/2016 409-480-8000-43030 Engineering Services 312102 Total: SEH Total; SELECTAC SclectAceount 1140248 03/08/2016 101-410-1520-43150 Contract Services 1140248 Total: SELECTAC Total: SHOWCASE Showcases 291.304 02/18/2016 206-450-5300-42500 Library Collection Maintenance 29 I 304 Total: 291305 02/18/2016 206-450-5300-42500 Library Collection Maintenance 291305 Total: SHOWCASE' Total: SPRINT Sprint 761950227-156 0311872016 101-410-1940-432 I 0 Telephone 761950227-156 03/18/2016 101-4-'0-2220-43210 Telephone 761950227-156 03/18/2016 101-420-2400-43210 Telephone 761950227-156 03/18/2016 1111-430-3100-43210 Telephone AP - To Be Paid Proof List (03/31/16 - 10:41 AM) No 0000 4.716,66 0,00 04/05/2016 Inwood Water Tower No 0000 4,716.66 8,127.95 0.00 04/05/2016 2016 Street Utility Improvement - No 0000 Design 624.00 0.00 04/05/2016 2016 Street Utility - Easement No 0000 8,751.95 13,468.61 S.44 0.00 04/05/2016 Participant fee 3/1/16-3131/16 No 0000 8.44 8.44 425.87 0,00 04/05/2016 Audiohook cases No 0000 425.87 399.60 0.00 04/05/2016 Case sleeves 399.60 825,47 No 0000 60.52 0.00 04/05/2016 Cell phone - Admin No 0000 223,46 0.00 04/0512016 Cell phone - tire No 0000 44.21 0.00 04/05/2016 Cell phone - Building No 0000 86.18 0.00 04./05/2016 Cell phone - PNV No 0000 Page 16 invoice Inv Date 761950227-156 03118/2016 101-450-5200-43210 Telephone 761950227-156 03/18/2016 101-420-2400-43210 Telephone 761950227-156 03/18/2016 101-410-1910-43210 Telephone 761950227-156 Total: SPRINT Total: Amount Qtt a nlily Nut Da te Description Reference Task Type PO -4 Close POLine # 120,36 0.00 04/05/2016 Cell phone - Parks 56,04 0.00 04/05/2016 Cell phone - Buliding - TL 15,07 0.00 04/05/2016 Cell phone - Planning 605,84 605.84 STLIBRAR Stillwater Public I ,ibraty 03/01/2016 840.00 0.00 04105/2016 Library Card Reimbursement 206-450-5300-44300 Miscellaneous Total: 340,00 STLIBRAR Total: 840.00 TE1LANDM Landmark Audio 11837992 01/30/2016 206-450-5300-42500 Library Collection Maintenance I 1837992 Total: 'TEILANDM Total: 248.75 0,00 04/05/2016 And iobooks 248.75 248,75 No 0000 No 0000 No 0000 No 0000 No 0000 TKDA TKDA, Inc. 002016000694 03/14/2016 582.09 0.00 04/05/2016 Discover Crossing Bridge Evaluation No 0000 101-430-3120-43150 Contract Services 002016000694 Total: 582.09 002016000696 03/14/2016 4,708.32 0.00 04/05/2016 LE Ave Sewer No 0000 602-495-9450-43030 Engineering Services 002016000696 Total: 4,708.32 TKDA Total: 5,290,41 TOOLGUY The Tool Guy, LLC 14561 03/15/2016 124.06 0,00 04/05/2016 Tools No 0000 101-430-3100-42400 Small Took & Minor Equipment 14561 Total: 124,06 14833 03/22/2016 62.88 0.00 04/05/2016 Tools No 0000 101-430-3100-42400 Small Tools & Minor Equipment 14333 Total: 62.88 TOOLG(JY Total: 186.94 AP - To Bo Paid Proof List (03/31/16 - 10:41 AM) Page 17 invoke inv Pate TR1TECH Tri Tech Dispensing. Inc 51653 03/14/2016 101-420-2220-44010 Repairs/Maint Bldg 51653 Total: TR1TECH Total: WASHHLTH Washington Cty -Health &Safety 0.1/29/2016 601 -494-9400-43030 Engineering Services Total: WASHHLTH Total: WASHLIB Washington County Library 03/01/2016 206-450-5300-44300 Miscellaneous Total: WASHLI L3 Total: Amount (itiantity PM( Date Description Reference Task: Type PO # Close POLine 4 514.20 0.00 04/05/2016 Repair ice machine 514.20 514.20 1,415.00 0.00 04/05/2016 Septic Permit - Inwood Booster Station 1,415.00 1,415.00 0000 No 0000 2,112.00 0.00 04/05/2016 Library Card Reimbursement No 0000 2,112,00 2,112.00 WASRADIO Washington County 85806 03/25/2016 3,914.76 0.00 04/05/2016 1/4rly user fee for 800 MHz radios No 0000 101-420-2220-43230 Radio 85806 Total: 3,914.76 WASRADIO Total: 3,914.76 WATERCON Water Conservation Srs Inc. 6676 03/21/2016 278.75 OM 04/05/2016 Leak Locate - Stillwater Blvd 601-494-9400-42270 1. Witty System Maintenance 6676 Total: 278.75 WATERCON Total: 278,75 \Vhiteani White Anita Bonus 03/15/20 i 6 ID I -410-1450-43620 Cable Operations Bonus Total: Cable 03/15/2016 101-410-1450-43620 Cable Operations Cable 03/21/2016 101-410-1450-43620 Cable Operations Cable Total: Nn 0000 25.00 0.00 04/05/2016 CC 3.15.16 - Bonus No 0000 25.00 55.00 0,00 04/05/2016 CC 3.15.16 No 0000 55,00 0.00 04/05/2016 Parks 3.21,16 No 0000 I 10.00 AP - To Be Paid Proof -List (03/31/16 - 10:41 AM) Page 18 Invoice # Tow Date A mon I) t ()on Oily Putt Date Description Itefercoce Whiteani Total: 135.00 ZACK Zack's. Inc. 31079 031[7/2016 560,95 0.00 04705/2016 Shop supplies 101-430-3100-42150 Shop Materials 31079 Total: 560.95 ZACK Total: 560.95 Report Total: 158,546,12 AP - To Be Paid Proof t.ist (03131/10 - 10:41 AM) Task Type PO # Close POLine # No 0000 Page 19 Accounts Payable To Be Paid Proof List User: PattyB Printed: 03/31/2016 - 10:5 I AM Batch: 012-03-2016 Invoice # Jnv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine NCPERS 566200-NCPERS Minnesota 5662216 03/22/0016 96.00 0.00 04/05/2016 April 2016 Premium No 0000 101-000-0000-15500 Prepaid Items 5662216 Total: 96.00 NCPERS Total: 96.00 ABOUIN RABOU1N, INC April -16 03/31/2016 2,500.00 0.00 04/05/2016 Monthly Contract amount No 0000 101-410-1320-43100 Assessing Services April -16 Total: 2,500.00 RABOUIN Total: 2,500,00 Report Total: 1596.00 AP - To Be Paid ProofList (03/311 6 - 10:51 AM) Page 1'1 IF: CfrY OF K E ELMO AGENDA ITEM: SUBMITTED BY: THROUGII: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM: 4/5/16 #3 Accept 2015 Lake Elmo Fire Relief Association Actuarial Study Report Cathy Bendel, Finance Director Cathy Bendel, Finance Director Steve Rutkowski, Lake Elmo Fire Relief President SUGGESTED ORDER OF BUSINESS: Introduction of Item Finance Director Report/Presentation Finance Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion ....... ................. ....... ................... ....... ............ ..... ...Mayor & City Council Action on Motion Mayor Facilitates FINANCIAL IMPACT: None BACKGROUND AND STAFF REPORT: In 2014, a new GASB requirement was put into place requiring an actuarial study to be done on the Fire Relief pension funds. This new requirement was effective 1/1/2015 and a full study is required every two years, with a partial study required in the off year. In order for the City to receive a clean audit opinion, this actuarial study will need to be done each year beginning with 2015. At the October 5, 2015 Fire Relief meeting, Finance Director Bendel presented this infonnation to the Fire Relief Board and proposed that in the years vhere the Fire Relief receives supplemental state aid funds from the State, above the annual base state aid, that the Fire Relief would fund this cost. In the years where supplemental funds are not received, there would be a follow up discussion as to the specific funding. This is how many other Cities are handling the funding. On November 5, 2015 the City Council approved entering into a contract with Hildi Inc. The 2015 Actuarial study reported that the Pension Plan is financially healthy and funded at approximately 165% of plan assets. RECOMMENDATIONS: Accept the 2015 Lake Elino Fire Relief Association Actuarial Report. ATTACHMENTS: 1. Actuarial Report from Hildi Inc. Cathy Bendel _ From Mike Born <mikebom@N|diinczom/ Sent: Thursday, March 17, 20I6434 PM To: Cathy Bendel Cc: stevemtkovvskiOO@yahoozom; David C. Minch; Julianne Harstad Subject: Lake Elmo FRAGASB67&68 report at I2,3I.2015 from Hi\dilnc Attachments: Lake Elmo VFRA2Ol6GASB 678c68 Report.pdf Hi Cathy, Attached is our actuarial report for the Lake Elmo Firefighters Relief Association as of December 31, 2015. Included are the fiscal 2015 disclosure exhibits under GASB 67 (for the pension plan) and the fiscal 2016 disclosure exhibits under GASB68(for the dty). All details are included inthe report. Afew highlights include: ~ The report is an actuarial roUfonmard. It relies on the results from the previous valuation report. Another full valuation will berequired next year. • Under the GASB measurement standards, the plan is financially healthy, funded at approximately 165% of plan assets. * Financial reporting for 2O15: • Pension Plan (GAS13 67): Use the disclosure exhibits provided in the attached report. o City ufLake Elmo (GASB6S): Use the disclosure exhibits provided inlast year's report. • Financial reporting for 2Ol§: o Pension Plan (GASQ67): Please contact Hildi Inc, following year-end to prepare the 2016 disclosure exhibits, o City ofLake Elmo (GA3868): Use the disclosure exhibits provided inthe attached report. Though the results are measured as of December 31, 201S, employers may use a one-year lookback under GASB 68, You will need to supply the total employer contribution to the plan in 2016 and report that item asa Deferred Outflow ofResources. * Next steps: o Another actuarial valuation will berequired a»ofJanuary l,2U17. o To ensure our records are complete and consistent, please forward to us when available a copy of the RF' 15undfina|auditreportforthcRe|iefAssndahnn. Please let us know if you have any questions. Thank you! [Nike Michael J. Born, FSA, EA, CFA, MAAA Consulting Actuary 5 RATtriq Specializing in Actuarial Retirement Plan Services ExchangeD:...tuu der Message Security: Check Authenticity Hildi Incorporated Specializing in Actuarial Retirement Plan Services 11800 Singletree Lane, Suite 305 Minneapolis, MN 55344 P 952.934.5554 F 952.934.3027 E mike.bornPhildlinc.com W www.hildlinc.com Lake Elmo Firefighters Relief Association Actuarial Rollforward Report Under GASB Statements 67 & 68 Valuation Date: Plan Fiscal Year Beginning: Plan Fiscal Year Ending: Employer Fiscal Year Beginning: Employer Fiscal Year Ending: January 1, 2015 January 1, 2015 December 31, 2015 January 1, 2016 December 31, 2016 hild Table o/Contents Actuarial Certification Executive Summary 4 SummaryofResuhs........ —... --- ......... —...... .... ___ .............. .—.—............ .—.--.4 Events&Dedsioos—................ --- ......... .--.......... ,—....__.____._,.,___._.. Plan Accounting G Reconciliation ofChanges inNet Pension Liability ~---............... ..... .--,—........ S Sensitivity to Changes in Discount Rate ............. —'-.—_._—._—.............. —..... 5 GAl868Pension Expense ... ............ —... —......... ......... ................ —...... —............ -G GAS867Liability Sum mary_............. ............ ~..~....... ---.............. ~—.—............. Plan Assets Plan Asset Reconciliation --...... —.—~...... ......... .--''_----.—~.---_--.�8 Glossary 9 Lake Elmo Firefighters Relief Association Page Actuarial Certification We have prepared an actuarial rollforward of the Lake Elmo Relief Association Pension Plan as of December 31, 2015 to enable the plan sponsor to satisfy the accounting requirements under Statements ufGovernmental Accounting Standards Nos. 67and G8.The results set forth inthis report reflect the provisions of the plan communicated to us through December 31, 2015. This report should not be used for other purposes or relied upon by any other person without prior written consent from HUJi|noorpomted. This report is based on participant and financial data provided by Lake Elmo Firefighters Relief Association and is summarized in this report. An audit of the financial and participant data provided was not performed, but we have checked the data for reasonableness as appropriate based on the purpose of the valuation. We have relied on all the information provided, including plan provisions and asset information, ascomplete and accurate. A range of results, different from those presented in this report, could be considered reasonable. The numbers are not rounded, but this is for convenience and should not imply precision. Future actuarial measurements may differ significantly from the current measurements presented in this report due tosuch factors asthe following: plan experience differing from that anticipated bythe economic nrdemographic assumptions; changes ineconomic ordemographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements; and changes in plan provisions or applicable law. Due to the limited scope of this assignment, we did not perform an analysis of the potential range of such future measurements. All costs, liabilities and other factors under the plan were determined in accordance with generally accepted actuarial principles and procedures using assumptions that we believe reasonably estimate the anticipated experience of the plan, The calculations reported herein are consistent with our understanding ufthe provisions of64S8Statements 67and 68. Actuarial computations under Statements nfGovernmental Accounting Standards are for the purposes of fulfilling employer accounting requirements and trust accounting requirements. Computations for other purposes may differ significantly from the results shown in this report. We are available to answer any questions on this material, or to provide explanations or further details, as may be appropriate, The undersigned credentialed actuaries meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained in this nepnrt. Michael ]. Born, F3A MUdi|ncorponated ll8OOSinQ|etreeLane, Suite ]85 Minneapolis, KnN5S344 P952�934.5554 March 2016 Lake Elmo Firefighters Relief Association Page 8uecubvoSucomoary This report has been prepared for the Lake Elmo Relief Association Pension Plan, for the fiscal year beginning January 1, 2015 and ending December 31, 2015, to assist in complying with the reporting and disclosure requirements under G4SBStatements 67and 6& Lake Elmo Firefighters Relief Association has implemented GASB 67 for the fiscal year beginning JanUary 1, 2014. Surnmaryo[Results _ The results below reflect initial implementation in the fiscal year ending December 31, 2014. GASB liabilities have been valued using a split interest rate based on the estimated investment return on the pension fund for the funded portion of liabilities and the estimated yield of 20-Year AA -rated municipal bonds for the unfunded portion ofliabilities, The overall discount rate is6.O00. 1. Liabilities a. Total Pension Liability 50\689 b. Gross Service Cost I8'520 c Estimated Benefit Payments 113,413 d. Valuation Salary N/A Z. 5ASDFunded Status a. Total Pension Liability (TPL) 588,689 b. Fiduciary Net Position (FNP) (96I628\ c. Net Pension Liability (NPU'a.+6' (374,939) d. NPLasY6ofPayroll, c/ld. N/A 3. Estimated Annua([os\sfor the Following Fiscal Year a. Pay'as-you'gnCost (PAY50) 113.413 b. Pension Expense Under G8S868 (18'385) c PAYGOesY6ofPension Expense '585% 4. Discount Rate 5.00% Fvcnts & Dncis\ony This report banaddendum tothe actuarial valuation report issued for this plan aso[January 1, 20I5. Actuarial data, assumptions, and methods are as described in that previous report. Lake Elmo Firefighters Relief Association Page Plan&ccouubug Reconciliation o[Changes \oNet Pension Liability I Balances atJanuary 1,2Ol5 I. Changes from the prior year: a. Service Cost b. Interest Cost c. Assumption Changes d. Plan Changes e. Municipal Contributions [ Nonemp|oyer[ont/ibutiuns g. Projected Investment Return h. Gain or Loss i Benefit Payments j. Administrative Expenses k. Other Changes 3. Total Net Changes 4. Balances atDecember 3l,ZO15 Sensitivity to Changes in DiSCOUnt Rate 714,621 1,155,599 (440,978) 28,520 28,520 37'130 37'I30 U 0 U O 0 0 61,166 (61,166) 65,024 (65,024) 0 (113,265) 113`265 (191,582) (191,582) U (13,514) 13,314 O U n (125,93I) (191,971) 6Ei039 588,689 963'628 (374,939) 94,937 Note: These exhibits should be used as the basis for financial reporting under GASB 67 for the fiscal year ending December 31, 2015 and under GASB 68 for the fiscal year ending December 31, 2016. As described in the GASB 68 standard, a one-year lookback may be used when preparing financial disclosures under GASB6O. Lake Elmo Firefighters Relief Association Page GA5B68Pension Expense Components O[Pension Expense a. Service Cost b. Interest Cost c. Liability Gain or Loss d. Assumption Changes 37,130 27,825 41,263 e. Nonemployer[ortdbutions (61,166) (53,446) [ Projected Investment Return (65,024) (85,736) g, Investment Gain orLoss 27,831 5,178 h. Administrative Expenses 13'314 13,154 i Other Changes O O j. Total (19,395) (3I'762) 2. Deferred Outflows ofResources a. Liability Losses b. Assumption Changes c. Investment Losses 106,I45 20,711 d. Employer Contributions* TBD e. Total 106,145 20,711 l Deferred Inflows ofResources a. Liability Gains b. Assumption Changes c Investment Gains d. Total 4. Future Recognition ofDeferred Flows in Pension Expense (Fiscal Years Ending) o. December 3I,J0IO N/A 5'178 b. December ]I,2OI7 27,831 5,178 c. December 3l,ZO18 27,831 5,178 d� December 3I'2Ol9 27,830 5,177 e. December 31'ZOlO 22,653 f. December 3I'ZOZl N/A g. Thereafter *Under GASB 68, employer contributions made after the Measurement Date and on or before the Reporting Date must bedisclosed asDeferred Outflows o[Resources. |fthe contribution amount is not available at the time ofthis report, "TBD"isshown temporarily, Lake Elmo Firefighters Relief Association Page CA5867Liability 3ummary _ Liabilities are determined as of the valuation date, then adjusted as necessary to the fiscal year-end date using standard actuarial processes. 1. Fiscal Year Beginning I Valuation Date 3. Discount Rate 4. Present value ofbenefits 5. Accrued liability atValuation Date a. Actives h. Vested Terminations and Transfers c Retirees and Beneficiaries d. Total Pension Liability atValuation Date G. Total Pension Liability atFiscal Year -End January I,28lS January 1,2OlS 6.00% 993,598 447,281 2E7,340 588,689 Lake Elmo Firefighters Relief Association Page PlaoAsoeLs Plan Asset Reconciliation I Value atBeginning ofFiscal Year a. Municipal Contributions b. Employee Contributions c State Contributions d. Benefits paid e. Non -investment expense paid [ Return onplan assets I. Value at End ufFiscal Year 3. Rate ofReturn for Year 1155,S99 1,075,460 61,166 (19l,582) (13,314) (13,154) (48'241) 39,847 963/628 2,I55,S99 ' ' Lake Elmo Firefighters Relief Association Page Glossary Total Pension Liability / Funding Target Liability: The portion of the present value of prospective benefits allocated to service before the valuation date in accordance with the actuarial cost method. Fiduciary Net Position / Actuarial Value cf Assets — Plan asaetzbased onmarket value asofthe valuation date including receivable contributions and offset by plan payables. Market values are sometimes smoothed to soften the impact nfinvestment gains and losses. Net Pension Liability: The difference between Total Pension Liability and Net Financial Position. Actuarial Cost Method: Sometimes called "funding method," a particular technique used by actuaries to establish the amount and incidence of the annual actuarial cost of pension plan benefits, or normal cost, and the related unfunded liability. Ordinarily, the annual contribution to the plan comprises the normal cost and an amount for amortization of the unfunded liability. Normal Cost: Acomponent ofthe Annual Pension Expem.e. The actuarial present value ofbenefits attributed by the benefit formula to services rendered by employees during that period based on assumptions as to future compensation levels. The interest rate used in determining the present value bthe discount rate. Annual Pension Expense: Anaccrual-basis measure ofthe periodic cost ofanemp|oyer's participation inadefined benefit pension plan. Discount Rate — The single interest rate that will calculate the same Total Pension Liability as the rates used to calculate the funded and unfunded portion of Total Pension Liability. Investment Return Assumption: The rate used to adjust a series of future payments to reflectthe time value ofmoney. Plan Members: The individuals covered by the terms of the plan. The plan membership generally includes employees in active service, terminated employees who have accumulated benefits but are not yet receiving them, and retired employees and beneficiaries currently receiving benefits. Required Supplementary Information (K5U: Schedules, statistical data, and other information that are anessential part offinancial reporting. ROshould 6epresented with, but isnot part of, the basic financial statements ufagovernmental entity. Lake Elmo Firefighters Relief Association Page Tur-1 crrY ot, LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION 50th street stoplight Clark Schroeder Clark Schroeder Julie Johnson SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation Questions from Council to Staff Public Input, if Appropriate Call for Motion Discussion Action on Motion PUBLIC POLICY STATEMENT DATE: 4/5/16 REGULAR ITEM #: 4 MOTION Staff Staff Mayor Facilitates Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates BACKGROUND AND STAFF REPORT: At the November l7th 2015 meeting discussion was had concerning a stop light on Manning avenue at 50th street. The following motion was voted and approved. Councilmember Fliflet, seconded by Councilmember Smith, moved THE LAKE ELMO CITY COUNCIL WOULD LIKE BY MATTER OF RESOLUTION TO SUPPORT A TRAFFIC SIGNAL AT THE INTERSECTION OF NEW CSAH 15 AND 50TH STREET AND MAKE IT KNOWN THAT THE CITY WOULD LIKE THIS TO BE THE NUMBER ONE PRIORITY FO RHTE COUNTY FOR THIS STRETCH OF ROADWAY RECENTLY TURNED OVER TO THE COUNTY FROM THE STATE OF MINNESOTA PREVIOUSLY KNO WN AS STATE HIGHWAY 5. Subsequently, a City Council workshop was held on March 8 h 2016 where Washington County presented safety and accident data for the Manning corridor from Highway 36 to the Fair Grounds. (See attachment). This presentation detailed traffic patterns for that corridor. According this this traffic study, no intersection meets the threshold for signal light at this time, but the county does see a benefit for having a signal light in the corridor to create gaps and spacing in traffic. It is proposed that a natural space for this would be at Manning and 501. The county is planning to put in wooden poles and lights in 2017, the City did request it be put in place in 2016, but he County said it was too late to plan and install this summer. in the long run, Manning will be expanded to 4 lanes at which time the County will re-evaluate whether traffic growth on 50th street continue to warrant a signal. In order to memorialize this direction from council, and incorporate the new County Study a resolution is presented for the council to consider, RECOMMENDATION: "Move to approve resolution 2016-25 supporting the installation of a traffic signal at the intersection of 50`11 street and county state aid highway 15(Manning Ave) as soon as possible" ATTACHMENT(51 Resolution 2016-25 50''' street stop Washington County 3/8/16 presentation CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016- 25 A RESOLUTION SUPPORTING THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF 5077-1 STREET AND COUNTY STATE AID HIGHWAY 15 (OLD HIGHWAY 5) WHEREAS, Washington County (the "County") recently assumed jurisdiction of Trunk Highway 5, which travels across the entire City of Lake Elmo (the "City"); and WHEREAS, the segment of old Trunk Highway 5 between Manning Avenue and Highway 36 has been renumbered to County State Aid Highway (CSAH) 15 ("CSAH 15"); and WHEREAS, City has for many years had concerns about the ability of residents to be able to safely and conveniently access CSAH 15 from City streets, and WHEREAS, The City Council passed a motion requesting a light at this intersection be placed as the highest priority for the 2016 County CIP, and WHEREAS, now that CSAH 15 is under County jurisdiction, the City Council directed City staff to work with Washington County to study traffic patterns and options for traffic management on CSAH 15; and WHEREAS, County staff presented the findings of their study to the City Council at a City Council workshop on March 8, 2016; and WHEREAS, a summary of the results of the County's study confirms that there can be extensive delays for vehicles attempting to turn left onto CSAH 15; and WHEREAS, 50th street is a collector roadway on the City's Municipal State Aid (MSA) System, serving multiple current and planned neighborhoods and developments; and WHEREAS, the County's study concludes that the intersection of 50th Street and CSAH 15 is a candidate for a full actuated traffic signal control, which would provide regional benefits to access and operations along the corridor; and NOW, THEREFORE BE IT RESOLVED, the City Council hereby acknowledges the summary and findings of the County's study and supports the conclusion that the intersection of 50th Street and CSAH 15 would benefit from full actuated traffic signal control; and NOW, THEREFORE BE IT FURTHER -RESOLVED, the City Council formally requests that the County program a project in 2017 or sooner to construct this improvement with the understanding that the City will be responsible for sharing the cost of this improvement. 477202v1 1.0111,A515-1 cc ss n In 0 y c Iv c n ouncil or sho th Joe Gustafson PE, PTOE Traffic Engineer Washington County Public Works joe.gustafson@co.washington.mn.us County Highway 15 ov h injury crashes since th CSAH 15 Corridor Issues Average Daily Traffic 18,000 — 23,000. Busiest 2-lane County Highway in Washington County Long delays to make left turns onto CSAH 15 during peak times. Cross streets have very low volumes, below established signal warrants. Cross streets are not connected to each other, not aligned. 4 Washington C©unty u ys aeco 5 inc ov c v 6 h d h 7 f, 4 r;,,‘"i,L., v vehicles durin 9 *40 _,. 1 . • 4 4,44.44.;, ',. ' , , , , , , , ."4.4. Voti , 4„ ,44441;g44. ? 4444.4;441 22,294 022,4"ki""' 41,24. : 4 L " !: ,412"22242224. b2,2242,22.4-422'%20.4.4, 44,2' 44„4„.24,t, 4"'" 24, , -22 4 ' 122 —" 112 44.V4.4; 440 t,4 d • axe u eft turns vehicles Gam-7 left turns aaain durina gam-1 11 gton oU ty 4 C 0 c 13 _ala;aa, - - c - ca..aac acacca c, _ F-- - - - ccc alca -170- _ at - A . h u 15 n - _ - = , - - -Arr- VrAr , ,• „ „; ff.,4 ri„,” „ „4„ I • ,• i'wroors. , "'"v rrr.` ' rr '",,r1r4r "rro4', ( 44' •• r•r—,45414,„11,, •,, • , , .. , a'aii.; Y • •' .n ' ' ' ,,,'..'"',,a(7 ,r4sort, 5 , - 4:01 4,„'1". •14'"4" • , 444; 444 1 35 - 30 25 23 2010-2014 Crashes on Stillwater 0 0 vd (CSAH 15) 35 0 3 2 Signal Considerations 55th Street has the most left turns. — But also has access to 58th Street signal. 53rd/Marquess serves both sides. —But has relatively few left turns. 50th is a collector street, connects to Lake Elmo Avenue. —But it serves relatively few neighborhoods. McDonald/Linden serves both sides. —But it has the fewest left turns. 22 Washington :- County h d h oes not have reasonabl 1 ry r 23 n Additional Outcomes If a traffic signal is installed at 50th: — It will preclude a future signal at Marquess. — County will expect the city to continue to make neighborhood connections to 5Qth —The signal would be an interim strategy to manage peak delays. It could be removed. with future 4-lane widening project. —Signal would be more likely to remain in place after 4-lane widening if 50th serves a higher amount of sidestreet traffic. 24 Washington �-County 7 • County Share: S120,000 • City Share: S60,000 Turn lanes are already in plac rly power cost approximately unty maintains signal indicatic 25 n 26 This resolution was adopted by the City Council of the City o , 2016. ATTEST: Julie Johnson, City Clerk ake Elmo on this day of Mike Pearson, Mayor 477202v1 S.IS LAS15-1 DATE: REGULAR ITEM # April 5, 2016 AGENDA ITEM: Village City Property Sewer Service Connections— Receive Contractor Quotes and Award Contract SUBMITTED BY: Chad Isakson, Assistant City Engineer THROUGH: Kristina Hanclt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works Nate Deprey, Library Director Greg Malmquist, Fire Chief SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... ............. ........................... City Engineer ........ ...................... ...... 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 ....... ............... Mayor Facilitates 5 POLICY RECOMMENDER: Administrative; Fire Department; Library; Engineering. FISCAL IMPACT: $60,920. The estimated amount of S60,920 for sewer service improvements and associated connection fees for three City owned properties will be funded $29,190 from the General Fund (101), $15,810 from the Parks Fund (404) and S15,920 from the Library Fund (206). SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a contract with Capra's Utilities, Inc. to connect three City owned Village properties to sanitary sewer. -- page 1 -- City Council Meeting April 5, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: [Regina - Agenda Ito As part of the Downtown Phase 1 Street, Drainage and Utility Improvements completed in 2015, municipal sanitary sewer has been installed and made operational. Sewer service stubs were installed to four City owned properties, including Fire Station No. 1, the Library, Lions Park Shelter and the Parks Building. Per City Ordinance, property owners have one year to connect once sewer service has been made available. At the direction of the City, engineering obtained three contractor quotes to complete sanitary sewer service connections for three of the four City owned buildings as follows: Fire Station No. 1 (SAC Determination of 4) Remove the existing septic tank and connect Fire Station No. 1 to the sewer service stub. Lions Park Shelter (SAC Determination of 1): Remove the existing septic tank and connect the Lions Park Shelter to the sewer service stub. Lake Elmo Library (SAC Determination of 2): install the outside sewer service into the building and abandon the septic tank in place. Future interior plumbing to connect to the interior sewer will be completed at a later date as a separate contract. Capra's Utilities, Inc. provided the lowest quote for each of the building connections as itemized below, Staff is familiar with the contractor and recommends them to complete this work. City Property Contractor Connection Costs Fire Station No, 1 53,250 Lions Park Shelter 59,325 Lake Elmo Library* $2,950 City SAC + Met Council Total Sewer Connection Fee SAC Connection Costs ($3,00o $1,000)*SAC (S2,485*SAC) $16,000 $9,940 S29,190 $4,000 $2,485 S15,810 $8,000 $4,970 S15,920 * Lake Elmo Library ll'Ork includes exterior sewer service pipe connected to building. Future interior plumbing modifications are still required before building sewer is operational. Staff also requests Council to provide direction on the Parks Building as it relates to connection of the building to the sanitary sewer system. The interior plumbing includes one bathroom along with area floor drains. The building is not currently occupied and is used primarily for storage. RECOMMENDATION: Staff is recommending that the City Council approve a contract with Capra's Utilities, inc. to connect three City owned Village properties to sanitary sewer. The recommended motion for the action is as follows: -- page 2 -- City Council Meeting [Regular .4genda Item 5.1 April 5, 2016 "Hove to award a contract with Capra's Utilities, Inc. to complete sanitary sewer service improvements for three City owned Village properties in the amount of $15,525". ATTACHMENT: 1. Property Location Map. 2. Capra Utilities Quote. -- page 3 -- CITY OWNED PROPERTIES 1. FIRE STATION No. 1 2. LIONS PARK SHELTER 3. LAKE ELMO LIBRARY 4. PARKS BUILDING THE CITY OF LAKE ELMO FOCUS ENGINEERING OLD VILLAGE PHASE I IMPROVEMENTS CITY OF LAKE ELMO CITY PROPERTIES AVAILABLE TO CONNECT TO MUNICIPAL SANITARY SEWER Utilities Inc. 2340 Leibe| Street White Bear Lake, K4N5511O (651)762'2500 mike@uapnys.com www.napnan.com / / � �' � ADDRESS Lake Elmo c/o Frank Bohch 38O3Laverne Ave Lake Elmo, IVIN 55042 Fire Station PROPOSAL # 4328 DATE 03/14/2016 Services 1.750.00 We will provide and install a new 4" schedule 40 PVC sanitary sewer line from the fire station 0othe property line stub. Services 1.200.00 VVewill pump out and remove the existing tank. VVewill back fill, compact and final grade the site upon completion. Services Black dirt can be delivered and spread for an additional charge of $350.00 per load. Seed and cover straw will beanadditional charge o/$4OO.0Oitrequested. Services 300.00 The Department of Labor and Industry will require us to submit a plumbing plan to them prior toinstallation. Creating the plans and plan review will beunadditional $3QO.O0. If the City chooses tosubmit the plans there will bcnocharge. All City tees are 8obepaid okthe owners expense, 1 1/2%per month charge on accounts over nodays. All agreements contingent upon strike, accident ordelays beyond our control. Any frost, ground water o,rock excavation will boan extra charge. All private underground utilities are the responsibility o/the Owner. Per Minnesota Statute o14.o1,: Alien will uefiled i'contract amount is not paid in full within 60 days of Invoice date. Accepted By Accepted Date ��'�~�����.���� �� Utilities Inc. 234OLeibe|Street White Bear Lake, K4N 55110 (651)762'2500 mike6Doapnao.00m vwwvv.capnas.00m ADDRESS Lake Elmo c/o Frank Bohoh 38O3Laverne Ave Lake Elmo, MINI 55042 Parks building PROPOSAL#433O DATE 03/14/2016 Services 4.975'DO We will provide and install a new 4" schedule 40 PVC sanitary sewer line from the parks building to the property line stub. San/|cms 1.200.00 VVowill pump out and remove the existing tank. Services 1.000.00 We will need to insulate approximately 125' of the sanitary sewer pipe starting at the building and heading towards the sewer stub. We will insulate with 4^of Foamu|ar25O Rigid foam insulation and we will insulate 4' wide for the length of pipe as needed. The cost for the foam insulation io$8.00 per lineal foot, VVewill back fill, compact and final grade the site upon completion. We will need to remove one concrete slab against the building to insulate and lower the sewer piping asneeded. Services 500.OU We will replace the concrete slab that vve are going to remove. Services 800.00 Two loads ofcrushed lime rock GenXcme 350.00 One load ofpulverized black dirt. Services 200.00 Seed and cover straw. Services 3O0M The Department of Labor and Industry will require us to submit a plumbing plan to them prior toinstallation. Creating the plans and plan review will beanadditional $3OU.0U. If the City chooses tosubmit the plans there will benncharge. All City fees are tobepaid at the owners expense. 1 1/2%per month charge nnaccounts over nuuays� All agreements contingent upon strike, accident v,delays beyond our control. Any frost, ground water p,rock excavation will u°an extra charge, All private underground utilities are the ��'������.���� �� responsibility of the Owner. Per Minnesota Statute 514.011: A lien will be filed if contract amount is not paid in full within 60 days of Invoice date. Accepted By Accepted Date Utilities Inc. 234OLeibe|Street White Bear Lake, yWN 55110 (651)762'2500 mike@oapnas,oum www.napnssrum ADDRESS Lake Elmo c/o Frank Bohoh 3803 Laverne Ave Lake Elmo, k8N 55042 PROPOSAL#4320 0/Q'E 03/14/2018 ��O,!" ) x!! Services 1.500.00 We will provide and install a new 4" schedule 40 PVC sanitary sewer line from the Library to the property line stub. Services 1.000.00 We will pump crush and fill the existing tanks an noed*d. Pumping crushing and filling of the tanks will baaseparate mobilization. VVewill back fill, compact and final grade the site upon completion. Services 75.00 We may need 2-3 yards of clean sand fill to restore the road to its existing condition. We will attempt to salvage the material in place but will most likely need to bring some fill in. Services 76.00 VVemay need 2'3yards ofrecycled base torestore the road toits existing condition. We will attempt to salvage the material in place but will most likely need to bring some fill in. Services There will benosod orblack dirt restoration included. Black dirt can bedelivered and spread for anadditional charge of$35D.DOper load. Seed and cover straw will hoonadditional charge of $2OO.O0ifrequested. Gmm|oeo 300.00 The Department of Labor and Industry will require us to submit a plumbing plan to them prior toinstallation. Creating the plans and plan review will bmanadditional $3OO,D0. If the City chooses tosubmit the plans there will benocharge. All City fees are tobepaid at the owners expense. 1 1o% per month charge on accounts over 30 days, All agreements contingent upon strike, accident n,delays beyond our control. Any frost, ground water = rock excavation will oean extra charge, All private underground utilities are the responsibility mthe Owner, Per Minnesota Statute n14.o11� xlien will uofiled ncontract amount i*not paid infull within 5ndays mInvoice date. ��"�~�����.���� �� Accepted By Accepted Date CITN• 01' [AKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/16 REGULAR ITEM #: 6 AGENDA ITEM: Hiring Building Official SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The City advertised for applications for the Building Official position from March 3-18, 2016. On March 20, 2016 staff interviewed four applicants. ISSUE BEFORE COUNCIL: Should Michael Bent be hired as the Building Official at the terms described below? PROPOSAL DETAILS/ANALYSIS: Staff is recommending the Council hire Michael Bent as the Building Official contingent upon passing a background and driving record check. Staff is further recommending a starting salary of $85,000 and an increase to 887,000 after successful completion of the probationary period. Lastly, Mr. Bent would begin accruing PTO at the 10 year service level (8 hours bi-weekly) on his start date. Mr. Bent has state inspection certifications which would allow the City to retain revenues previously not able to do in house. Although there may not be capacity with current staff to always retain the work, the City now would have the option to do so. FISCAL IMPACT: The 2016 budget for position was $64.8k base; $88.7k fully loaded, Proposed offer is $23.3k higher than budget however additional anticipated revenue from a state delegation will offset the increased expense. OPTIONS: 1) Hire Michael Bent as the Building Official at the terms described above. 2) Offer the job to Mr. Bent under different terms 3) Offer position to another candidate 4) Re -advertise the position RECOMMENDATION: Motion to hire A/lichael Bent as the Building Official frith a starting annual salary of S85.000, an increase to $87,000 after successcompletion of the orientation period, and PTO accrual at the 10 year service rate. YO CUC C• UCT DATE: March 30, 2016 CONSENT ITEM # 7 AGENDA ITEM: Adoption of Amended 2016 Fee Schedule SUBMITTED BY: Joan Ziertman, Planning Program Assistant THROUGH: Julie Johnson, City Clerk REVIEWED BY: Cathy Bendel, Finance Director: & Stephen Wensman, Planning Director ESTEI) ORDER OF BUSINESS (if removed from the consent agenda): - Introduction of Item ..... ....... Ci ty Administrator ReportPresentai ion „ ..... • .......City .Administrator Questions from Council to .... ...... Mayor Facilitates Call for Motion ............... ......... ...... Mayor & City Council - Discussion ............. ...... . ......... .... Mayor & City Council - Action on Motion ....... ..... Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: Specific annual dollar amount impact is not available at this time. An escrow amount is being added to the sewer connection permit to ensure that the septic tank is abandoned when a property is connected to City sewer. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to adopt Ordinance , An Ordnance Amending the Lake Elmo Fee Schedule. The suggested motion is as follows: "1/Iove to approve Ordinance 08-132 , ,4n Ordinance Amendit Schedule." e ke Elmo Fee LEGISLATIVE HISTORY: It is incumbent upon the City to continually and regularly review the Municipal Fee Schedule to ensure that it is in compliance with state and local law as well as continually able to be justified. RECOMMENDATION: The City Council is respectfully requested to adopt Ordinance An Ordnance Amending the Lake Elmo Fee Schedule. As part of its consent agenda, no jbr -- page 1 -- City Council Meeting Agenda Item 20 March 30. 2016 motion is required. If Council would like to remove this item from the Consent Agenda, the suggested motion is as follows: "Move to approve Ordinance 08-132, An Ordinance Amending the Lake Elmo Fee Schedule." ATTACHMENTS: . Ordinance 2016 City of Lake Elmo Fee Schedule CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 08-132 AN ORDINANCE AMENDING MUNICIPAL FEES FOR CALENDAR YEAR 2016 The Lake Elmo City Council hereby amends the following fee schedule for calendar year 2016 and directs that it be added to the Lake Elmo Municipal Code as Appendix A. Appendix A — 2016 Fee Schedule ADOPTION DATE: Passed by the Lake Elmo City Council on the 5th day of April, 2016. CITY OF LAKE ELMO By: ATTEST: Julie Johnson City Clerk Mike Pearson Mayor EFFECTIVE DATE: This ordinance shall become effective on following adoption and publication. PUBLICATION DATE: Published on the day of 2016. ORDINANCE 08-132 nIF"r', /\KEE[ APPLICATION/FEE/PERMIT TYps Accessory Bldg forward ofPrimary Structure (§154.O9Z) Administrative Citations General Code Violations: 1 5`oMense 2 woffense within one year from the first citation 3 rd offense within one year from the first citation C)Lake �-'fy � ��Elmo Fee Schedule 2O1 �� / — 2016Fcs ESCROW ORADDITIONAL CHARGE DEPARTMENT $300.00 Planning Administration Administration $l0Ol0per violation Administration —| $ZUO.O0per �ob�on Ndministmdon $500.00 per violation lAdministration 4moffense orsubsequent offenses may besubject tocriminal prosecution orany other legal remedy available to the City, An administrative citation may also be issued independently orconcurrent tnany other legal action taken bythe City. Building and Safety Code Violations: l^'offense Z"*offense within one year from the first citation ]rdoffense within one year from the first citation | $l0lOOper violation $500.00 per violation $1000.00 per violation 4 th offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available tothe City, An administrative citation may also be iou:d independently or concurrent to any other legal action taken by the City. Amateur Radio Antenna Appeal (to Board nfAdjustment and Appeals) Bee Keeping Permit Building Demolition Residential Commercial Burning Permit Residential Commercial Illegal Burn Chicken Keeping Permit Comprehensive Plan Amendment Conditional Use Permit (cVp) New Amended Contractor License Fees $875.00 $250.00 $25,00 Valid for 2 years from issuance Plus $5,00 Surcharge (State Mandated) Additional fees may bcincurred based onWash. [ty [hief'sfee schedule and #ofnespondingunits initial permit expires onI3/3lnf2ndyear. Wireless Communication Facilities Fee Escrow $6,00000.F|ood Plain Ordinance Fee [sznnw$5V0.00. Administration |Dui/dinQ |8ui|dinQ Building Building Building |p|annin# |Administrahon |Administration |Administradon |Rvi|diog Building |Firc |Fire |Rre Fire |Administration |p|anning |P|anning |P|a"ning Planning |LicendnQ -' APpLI[ATK]N/FEE/P[RK«|TTYPE Demolition ' Driveway Excavator HVA[ Irrigation Sewer/Water Line Installer Sign Installer Solid Waste Hauler Copy Services (pape,/Bectronkc) Copies (B&vV) Copies (Color) [npies(D&VV) I1x17 Copies ([o|or)1Ix17 Data DVDFee G|3Scaled Aerial Existing Maps Custom (Per Hour Rate) Plan Size Maps (Larger than llxl7) Development Standards Specs/Details Video reproduction Culverts in Developments with Rural Section Daycare Inspection Fee onDLicene-ake,ed Dog License- unaltered Dog License- late fee Service Dog License Duplicate License o,Tag First Impound- Unlicensed Dog First Impound- Licensed Dog First Impound- Cat Subsequentdog/ cat impound Driveway Residential y`'t« of Lake Elmo ree Schedule 2016 2016FEE $50.00 $5O�V0 550,00 $50-Dn $50.00 $5O-80 $l2O�0U $O.25per page $O.50per page $1.O0per page $2.O0per page $15.00 $25.00 $5,00 $70,00 $15m $55.00 $10.00 $160.00 $6O-OO $20.00 $25,00 $2.50per month No Charge $1,00 $60.00 $42.00 $42�VO $8lOO ' ESCROW qRADDITIONAL CHARGE I0Opages ormore are charged aractual cost nfproduction 1UOpages ormore are charged atactual cost ofproduction lOOpages o,more are charged atactual cost ofproduction 100 pages or more are charged at actual cost of production Plus $5I0Surcharge (State Mandated) Plus 1%ofValue. Minimum $I80.00 K4axinnum$1U All Impound Fees plus $ZO/dayBoarding Fee DEPARTMENT Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Administration Administration Administration Administration Administration Administration Administration ' Administration Administration Administration Administration Administration Administration Fie Licensing Licensing Licensing � Uccnsin� Licensing Licensing Licensing Licensing Licensing Planning Planning 2 n"'."r'" APPLICATION/FEE/PERMIT TYPE 0mmeuja| Easement Encroachment Electronic Fund vVithdraw|/0iUPayment Environmental Review Village Area AUAu Fee Erosion Control Re -inspection Fee (portal to portal from City Hall: I Hr. min) $50.00 per hour $5,000.00 Security Excavating @Grading �! 50�bic���upm4��b�y� $lIS.� 5cmr�$SmI� ' ' Excavating QGrading u400cubic yards $500�00 False Alarms (12 Month Period)* (*1'3nochv/gv) Residential | 4-6False Alarms $110\00 In Excess of§ False Alarms $I85.00 | commercial 4-5False Alarms $315.00 In Excess of False Alarms $520�00 Fire Alarm Systems (new orrework including low voltage l.2%ofvalue plus $5.OUsurcharge; x4ininnum$IOO |systems) Flood Plain District Delineation $500.00 Fuel Tank Removal (Vndp,gvnund) g250{0 Fuel Tank Install Z%ofvalue ofwm,k HVAC Residential Commercial Interim Use Permit (|UP) Fee $1,05000 Plus $5l0Surcharge (State Mandated) K4ininnum$1VV.VV Upto3units, max fee gI80.O0plus $5.D0Surcharge (State Mandated) Uptn5units orl%nftotal valuation, whichever |s greater. Plus Surcharge (State Mandated) City OfLake Elmo Fee Schedule 2016 2016 FEE $160.00 $150.00 Fee +Trpns.Charge ESCROW OR ADDITIONAL CHARGE Staff & Recording Fee | DEPARTMENT Planning ' Planning Administration Per R[[Unit. Tnbecharged todevelopment applications that increase the number ofRE[units above existing conditions within the Village xUARArea, The fee will bebased onthe $2]0{0 difference between the proposed and existing RE[units. Fee tp bepaid aspart ofadeveloper's agreement for larger projects or at the time nbuilding permit isissued for smaller projects. Once paid, the same land will not becharged again. Planning lBuilding Building I8uUding $5U0�0Vfee escrow plus security $z'5mlOOper acre with $l,5OO minimum. Engineering Fire Fie |Fim Re Fire Fire Fire Building Planning Administration Administration Building Building Building Planning P|anninp City []fLake E|mOree Schedule 2016 APPLICATION/FEE/PERIMIT TYPE Renewal Land Use Escrow Liquor License Club On -Sale Intoxicating On -Sale Intoxicating $1'50O00 Off -Sale Intoxicating $200�00 Off -Sale Non -Intoxicating $150-00 ' — On -Sale Intoxicating- 2ndBuilding $750.00 On'sa|eNon'|ntnnicpting $100.00 Investigation $350\00 On -Sale Sunday Intoxicating $200.00 Temporary Intoxicating $25.00 | Wine $300�00 Lot Line Adjustment $325.00 Manufactured Home Parks Fee $1,000,00 New $1'200.00 ' Move home out nfthe city $20000 Move home into the city $200m Massage Therapy Premises License Application Fee Investigation Fee Massage Therapy Practitioner License Application Fee Investigation Fee Massage Therapy Premises License Renewal Massage Therapy Practitioner License Renewal Massage Therapy License Amendment Minor Subdivision Moving House orPrimary Structure into City ESCROW OR ADDITIONAL CHARGE Escrow Agreement | /Plus $Z,5O000Fee Escrow Plus $5.0OSurcharge (State Mandated) Pius $5.00Surcharge (State Mandated) $10000 Fee includes one Therapist $100.00 $50,00 $25.00 $50,00 $25,00 ' $Z5l0 $525�0V Moving Accessory Structure into City $305,00 Other Inspections and Fees Inspection outside nfbusiness hours $10I00(2Hr.Kxinj Fee includes one Therapist Plus security w/amnumtobedetermined hythe City w/recomnnendationfrom hui|dinRofficial _ P|uS security tobedetermined bythe City w/mcpnnmendadon from bvi|din«official DEPARTMENT Planning Planning Licensing Licensing Licensing Licensing |UccnsinA Licensing Licensing Licensing |Licendng Ucensing 1Ucendng |p|anninD Planning Planning _ Planning Building Building Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Licensing Planning Administration Administration Building Building 4 n".'n'"' | APPUcAToN/FEE/P[RPw|TTYpE | Re -inspection Fees Assessed ' |ospecdon��hhnofee noigned ---- ' Construction Escrow Cancelled orRefunded Permits Work without Permit Duplicate Inspection Card Park Dedication Residential 'Uptothree lots [onnmprda| Parking Lots New Commercial Existing Commercial ---- Platting Sketch Plan Review (Subdivision) Preliminary Plat (Suhdivision) | Final Plat (Subdivision) | / ' Concept Plan (OF Development) rrpUn�naryPlat Review (OP Development) Final Plat (OP Development) Planned Unit Development General Concept Plan Development Stage Plan Final Plan Plumbing Residential Commercial Escrow Fee for Sewer Connection Permit /-'tV[)fLake E|�M[)F��6�SC�,��'|U|6!201F� City - zVl6F[E $5O.O0per hour $5O.00per hour $5'DOOOV $25.00 see notes $25.00 ESCROW OnADDITIONAL CHARGE - Ordetermined byBuilding Official Investigative fee to equal permit fee g3'60U,0Oper lot Four vrmore lots per §lS3.l4 $4`500.UOper acre $17500 $500 Fee Escrow. Security $1,500.00 per acre with $1,500-00 g1'85O.0O $l'25O.00 minimum. $3'500.UOFee Escrow $lV,00O.OUFee Escrow $8'O0V.8DFee Escrow $5'000�VO(^1nOunits) Fee Escrow $7'500/OO(/1O0units) Fee Escrow $5,0OO�VV(<1O0units) Fee Escrow $7'5OV�00(>l00units) Fee Escrow $5,000�OO(^l0Junits) Fee Escrow $7'500.00(^I0ounits) Fee Escrow (City will retain escrows tureimburse review costs for each stage nfdevelopment review) | / 1$7,500.O0Fee Escrow Fs7'5O0.00Fee Escrow $7,500.00 Fee Escnpv, (City will retain escrows toreimburse review costs for each stage of development review) Upto9units, max fee $I80.00p|us $5I0Surcharge (State Mandated) Upm3units orl%oftotal valuation, whichever is greater.P|u Svrchorcc(State Mandated) $500.00Escmvv | DEPARTMENT . Building � Building ' Bui|dinX [Building Building Building Planning Planning Planning Planning Planning Planning |P|anninQ Planning Planning Planning Planning Planning Planning Planning |P|anning |P|anning |MonninQ Planning Administration Building Building Building APPLICATION/FEE/PERMIT TYPE Private Roads (Permitted only inAGrone) Restrictive Soils and Wetland Restoration Protection and Preservation Permit Retaining Walls over 4' Returned Check (NSF) Right -of -Way Permit Annual Registration Excavation Permit Joint Trench Permit (per lot per utility) Obstruction Permit ' Permit Extension Delay Penalty (per calendar day) Roofing Residential Commercial SAC Charge (City) (Sewer Availability Charge) SAC Charge (Met Council) (Sewer Availability Charge) $2,485,00 Sewer Connection Charge $l'OOO.00 Sewer Lateral Benefit Charge $5,800.00 Sewer Rate $4.50/1000Ga| ZO1Off'Si,eyMain^onan�eF$75.O0/un�/qua�er ' Fee ' Real Estate Searches $15.00/Seaoh Siding Residential $150�00 Commercial see notes |5ignu'Permanent $180.00 |signs'Temporary $75�00 Temporary Renewal $25.00 Re -inspection Fee $25I0 Special Event Permit $75.00 Sprinkler System (inspection Fee) 12%ofvalue Sprinkler System (Re|nspe¢ionFee) $50.00 Surface Water City of ~.^' . �=.. �. Schedule ~~ . .-~�~ 2016F[E ESCROW OHADDITIONAL CHARGE DEPARTMENT $150�00 Planning $800,00 $1,5OOl0Fee Escrow Planning $150D8 Plus $5.O0State Surcharge Building $25�00 Administration Engineering $200.00 $5'000.003ecuritY Engineering $275-00+g.60/hoot Engineering $275.00+$.60/hoot Engineering g275l0 Engineering $100�00 Engineering _ $25.00 Engineering .Building $150,00 Plus $5l0State Surcharge Building see notes Based onvaluation Building Per RECUnit: collected attime ofplat for new lot vrattime of connection for exaonR. o/u«/~e/"/u Per REC Unit: $2,485.00 to Met Council at time of connection. Per KECUnit Per RECUnit connecting toaTrunk Sewer Main and that has never been assessed For special assessment or utility search Plus $S.00State Surcharge Based nnvaluation City must belisted asadditional insured plus $5.VOsurcharge; Minimum $IDU Engineering Engineering Engineering Administration Administration Administration Building IBuUdinD Building Planning Planning Planning Planning Planning Building Building Administration 6 ,w�.v,."' /\Kl�-lr[X4U ' APPLICATION/FEE/PERMIT TYPE Residential Non -Residential (Commercial etzJ Review Fee Vacations (Streets nrEasements) Easements Streets Variance Shorc|wdVananc, Water Availability Charge (VA[ |materconnection Charge |VVaterEquipment/set up Meter (3/4"prless) Driveway Curb Stop Lid Disconnect Service Reconnect Service Water Lateral Benefit Charge Water Usage Residential Quarterly Rate Residential 'Plus Rate per I.00DGallons Plus Rate for 0-l5'OOOGallons Plus Rate for l5'OOI'30,0OOGallons Plus Rate for 3C\0VI'50,000Gallons Plus Rate for 5[\nO1-O0,O0UGallons Plus Rate hn80,OUl +GaUons Water Usage Commercial Quarterly Rate _ [nmnncnia| Plus Rate Per l,0DOGallons Plus Rate for U'l5,000Gallons Plus Rate for 15'O8I 30,000GaUons Plus Rate for 3o'OOl 50,0005aUon Plus Rate for 5O'O0I'8V'OVOGallons Plus Rate for 8O'00I+ Gallons Water Usage /-'tn of Lake Elmo Fee Schedule 2016 I016FEE | ESCROW OxADDITIONAL CHARGE | DEPARTMENT $50I0 Administration $50.00 Utility rate factor per code Administration $125�00 $75 Review/$50 Storm Water Fund Administration Planning $5I5.00 $5Vn.00Fee Escrow Planning $515.00 $5NiOOFee Escrow Planning $750.00 Planning $1.50010 Planning $] Per REC Unit; collected �nn c� a�eofp|atfn,new|ntorottime of '0OO�OO connection for cvisdnn, Engineering $l'Onn.OV Per RECUnit Administration Administration $350.00 Administration $I00.00 Administration Additionald fccs apply larger meters $80,00 Administration $80.00 Administration $5Per RE[Unit connecting toaTrunk VVmerKxainand that has '8O0�0} never been assessed Engineering Administration $20.00 Base Administration Administration $2.00 Administration $2.60 Administration $3.38 Administration $4.39 Administration $571 Administration Administration $25.00Uase Administration Administration $3.I1 | Administration $526 | Administration $3,77 Administration $5.00 Administration $665 Administration APPLICATION/FEE/PERMIT TYPE Hotel / Motel ' Quarterly Rate Hotel /Motel Plus Rate Per l,00OGallons Plus Rate for Q'30,VOnGallons Plus Rate for 3[\00l'5O'00OGallons Plus Rate for 50,0O1+Gallons Water Usage Delinquent Accounts [`'t» of Lake Elmo ree Schedule 2016 Zo16FEc $25INBpse Regular 60per quarter Storm Water 10% per year Bulk Water Purchase Water from Hydrant $6I2O1st 5,0OOGal Sod Installation (New Construction) $6120 1st 5'0n0Gal Swimming Pool Fill S61.20 Ist5'000Gal Wind Generator $850.00 Wireless Communication Permit $500-00 Zoning Amendment (Text p,Map) $I'I45.00 Zoning Certification Letter $25,00 Zoning Permit ' Certificate nfZoning Compliance | Accessory Structures ,Z0OIp $75.00 | / Fence (less than 6') $75�00 Swimming Pool $75,00 Other 575�00 Definition of Terms ^ Fee Escrow: City wl/l=oinzomvfee escrow mcover all City review costs, ADpllicoticn fees include oil profess iowo/feoand expenses incurred u'the City. ESCROW OR ADDITIONAL CHARGE Plus $Z5{0or8%'whichever bgreater, ifcertified tnCounty for collection with taxes Plus $25.O0o,8%'whichever isgreater, ifcertified toCounty for collection with taxes P|m$S.Z6/addhiooal 1,000ga|lons Vpto45 days. Resident must contact city inadvance, Plus $5.Z0per l'UnOgallons and $l5.0O/hrlabor $Z'ODO,VOFee Escrow $6'000.00 pee Escrow DEPARTMENT Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Administration Planning Planning Planning Planning Planning |P|anning |p|anning Planning — Security: Cit-y will reoin a securit1v escrow to ensure cornplet,'on of work as directed by the approved permitlapplicaticn and compliance miththe State Building Code and the City nfLokeEm,o Municipal Code. TI IF CITY or KE ELMO AYOR & COU CILCO U ICATION DATE: April 5, 2016 CONSENT ITEM #8 AGENDA ITEM: Approve Lawful Gambling Premises Permit for Pull Tab Sales SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Kristina Handt, City Administrator REVIEWED BY: City Attorney's Office S UG (ESTE!) ORDER OF BUSINESS: - Introduction ()I' hem ........ Interim Administrator - Report/Presentation ........ ....... Administrator - Questions from Council to Staff -Mayor -Facilitates - Call for .Mot ion .................. ........ ...... Mayor & City Council - ..... ........ ...... ..... Mayor & City Council - Action on Mayor Facilitates POLICY RECOMMENDER: City Clerk FISCAL IMPACT: City will receive 10% of net proceeds of the gambling operation, SUMMARY AND ACTION REOUESTED: Catholic Parents Club is applying for a premises permit to conduct pull tab sales from a staffed booth in the bar area of the Machine Shed Restaurant in Lake Elmo. Management of the Machine Shed has been seeking a partner to conduct pull tab sales, stating that they have experienced a significant loss of business because patrons leave when they realize there are no pull tabs at Machine Shed. In order for the application to be considered by the Gambling Control Board, the City must pass a Resolution approving the application. The Gambling Control Board will then review the application and supporting materials and approve or deny the application. The applicant will then be required, per City ordinance, to provide additional documentation to the City prior to beginning operations. -- page 1 -- City Council Meeting RECOMMENDATION: If removed from the Consent Agenda, staff recommends the following motion: "Motion to adopt Resolution 2016-26 Approving the Lawful Gambling Premises Permit for Catholic Parents Club to conduct lawful gambling at the Machine Shed Restaurant located at 8511 Hudson Road, Lake Elmo, Minnesota." -- page 2 -- MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application REQUIRED ATTACHMENTS TO L6214 1. If the premises is leased, attach a copy of your lease. Use LG215 Lease for Lawful Gambling Activity. 2. $150 annual premises permit fee, for each permit (non-refundable). Make check payable to "State of Minnesota." ORGANIZATION INFORMATION Organization Name: CrLAA Chief Executive Officer (CEO) VAC- R/142-b Gambling Manager: GAMBLING PREMISES INFORMATION Current name of site where gambling will be conducted: List any previous names for this location: 6/15 Page 1 of 2 Annual Fee $150 (NON-REFUNDABLE Mail the application and required attachments to: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing. Street address where premises is located: . 1-1-tivb,S Z.43 13 (Do not use a P.O. box' number or mailing address.) City: OR Township: Ako County: V t.51-k-IN-)6 Does your organization own the building where the gambling will be conducted? License Number: Daytime Phone: - (1 6s- Daytime Phone: Yes No If no, attach LG215 Lease for Lawful Gambling Activity. A lease is not required if orily a raffle will be conducted. Is any other organization conducting gambling at this site? Yes Zip Code: Don't know Note: Bar bingo can only be conducted at a site where another form of lawful gambling is being conducted by the applying organi- zation or another permitted organization. Electronic games can only be conducted at a site where paper pull -tabs are played. Has your organization previously conducted gambling at this site? Yes Don't know GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: 6W 6 0 Bank Account Number: 7g 7S' Bank Street Address: _ 4-) 10 PCOLi (IT -P-11) City: State: MN Zip Code: 7 ALL TEMPORARY AND PERMANENT OFF -SITE STORAGE SPACES Address (Do not use a P.O. box number): 5478 1-4-iiqu: ov.7 -7?-6 / 31 City: State: Zip Code: MN MN MN LG21x&Premises Permit Application ACKNOWLEDGMENT BY LOCAL UNIT OF CITY APPROVAL for gambling premises located within citV limits City Name: Date Approved byCity Council: Resolution Number: (If none, attach meeting minutes.) Signature urCity Personnel: Title: Date Sioned.- Local unit mfgovernment must sign. GOVERNMENT; APPROVAL BY RESOLUTION ACKNOWLEDGMENT AND OATH 1. l hereby consent that local law enforcement officers, the Board vrits agents, and the commissioners of revenue o,public safety and their agents may enter and inspect the premises. l. The Dnanj and its agents' and the commissioners of revenue and public safety and their agents, are authorized to inspect the bank records o/the gambling account whenever necessary uo rum|| requirements of current gambling rules and law. I l have read this application and all information Submitted mthe Board istrue, accurate, and complete. ormation has been fully disclosed. 5. lo� the&WexeUve°icervfthe organization. '— Signature nfChief Executive Officer (designee may not sign) COUNTY APPROVAL for gambling premises located inatownship County Name: Date Approved byCounty Board: Resolution Number: (If none, attach meeting minutes.) Signature pfCounty Personnel: Title: Date Signed: TOWNSHIP NAME: su5 Page zmz Complete below only if required by the county, applyingOn behalf of the township, I acknowledge that the organization is —'gamblingto conduct activity within the � township — 'limits, townshiphas no waan application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Date Signed: n. / assume hvU responsibility for the fair and lawful operation of all activities tobzconducted. 7. 1 will familiarize myself with the laws ofMinnesota governing lawful gambling and rules of the Board and agree, if licensed, tnabide bythose laws and rules, including amendments to 8. Any changes inapplication information will be submitted to the Board no later than ,en days after the change has taken 9. l understand that failure information or providing false nrmisleading |nmnnauun may result in the denial or revocation of the license. lO, l understand the fee is non-refundable regardless of license approval/denial. Data privacy notice: The Information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota, Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the All other information provided will be private data about your organization until the Board issues the permit. When the Board Issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; `7 _' Date Minnesota's Department mmulicsmet» Attorney General, Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone Pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law orlegal order authorizes anew use msharing m information after this notice wasgiven; and This form will be made available in alternative format, I.e. large print, braille, upon request. MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity LEASE INFORMATION Organization: License/Site Number: -VLA Address: 0 0 City: Name o Leased Premises: (k. r • treet Address: City: 0"\ac-\\,(Ne 1\ec-k LcVe tNl ame of Legal Owner: \--Vt!cA- ok- City: (Y\ Name of Lessor (if same as legal owner, write "SA E" City: L... c.7 I 9 k C,73l LAk 6/15 Page 1 of 2 Daytime Phone: (,)5 - LI - State: Zip: 11\ 5,5 1 State: Zip: Daytime Phone: MN 5 '5 o Li )- 3 - - Business/Street Address: re\ 5 State: Zip: Daytime Phone: CA_ (7) 1 )J0 ct • 1 ci 73 Address: State: Zip: Daytime Phone: Che k applicable item: New or amended lease. Effective date: 11) ) Submit changes at least ten days before the effective date of the change. New owner. Effective date: . Submit new lease within ten days after new lessor assumes ownership. CHECK ALL ACTIVITY THAT WILL BE CONDUCTED (no lease required for raffles) ni Pull -Tabs (paper) 1-1 E• lectronic Pull -Tabs rrni E• lectronic Linked Bingo Pull -Tabs (paper) with dispensing device Bar Bingo T• ipboards ri P• addlewheel Bingo Paddlewheel with table Electronic games may only be conducted: 1. at a premises licensed for the on -sale of intoxicating liquor or the on -sale of 3.2% malt beverages; or 2. at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. PULL -TAB, TIPBOARD, AND PADDLEWHEEL RENT (separate rent for booth and bar ops) BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES, including electronic games: Monthly rent to be paid: ID 0/0, not to exceed 100/0 of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION: All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES: Monthly rent to be paid: games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: 0/o, not to exceed 20% of gross profits from all other forms of lawful ganibling. • If any booth sales conducted by a licensed organization at the premises, rent may not exceed 100/0 of gross profits for that month and is subject to booth operation $1,750 cap. %, not to exceed 15% of the gross profits for that month from electronic pull -tab BINGO RENT (for leased premises where bingo is the primary business conducted, such as bingo hall) Bingo rent is limited to one of the following: • Rent to be paid: %, not to exceed 100/0 of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. - OR • Rate to be paid: $ per square foot, not to exceed 110°/0 of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Rent may not be paid for bar bingo. Bar bingo does not include bingo games linked to other permitted premises. LEASE TERMINATION CLAUSE (must be completed) The lease may be terminated by either party with a written :3 0 day notice. Other terms: LG215 Lease for Lawful Gambling Activity Lease Term: The term vfthis agreement will beconcurrent with the premises permit issued by the Gambling Control Board (Board). Management: The owner nfthe premises urthe lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf «rthe |csu», vnthe leased premises. Participation as Players Prohibited: The lessor will not par- ticipate directly or indirectly as v player in any lawful gambling conducted on the premises. The |co,o/s immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct oflawful gambling on the premis- es, except vsauthorized by Minnesota Statutes, Section 349.181. Illegal Gambling: The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 6o9.75.and the penalties for illegal gambling violations inMinnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 98 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated inthe illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy n/the organiza- tion is authorized without payment ofrent during the time period determined by ,he Board for violations of this provision, as authorized by Minnesota 5tatuus. Section ]49.z8,Svbd. 1(a). To ,he best o[the lessor's knowledge, the |es»u, ahO,nns that any and all games ordevices located on the premises are not being used, and one not capable of being used, in o manner that violates the prohibitions against illegal gambling inMinnesota Statutes, Section 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart J'on organization must continue making rent payments under the terms of this |cosc' if the organization o, its agents are hound to besolely responsible for any illegal gambling, conducted aLthis site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1' item *, orMinnesota Statutes, SecUonaO975, unless the nrganizaUon's agents responsible for the illegal gambling activity are also agents o,employees o[the lessor. The lessor must not modify vrterminate the |coxe in whole orin part because the organization reported, tnn state nrlocal law enforcement authority or to the epom, the conduct of illegal gambling activity atthis site inwhich the organization did not sus Page zmz Other Prohibitions: The lessor will not Impose restrictions on the organization with respect unproviders (distributor orlinked bingo game provider) ufgambling -related equipment and ser- vices o,inthe use ofnet profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in ,he same residence as the lessor, and any agents o,employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether violation occurred, the lease will remain in effect pend- ing afino|detenninnUvn bythe Compliance Review Group (CuG) ofthe Board. The lessor agrees marbitration when aviolation o[ this provision is alleged. The arbitrator shall be the [RG. Access tuPermitted Premises: consent isgiven mthe Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct oflawful gambling, Les=ormcoords� The lessor must maintain o record of all nnvncv received from the organization, and make the necvn1 available tvthe Board and its agents, and the commissioners of revenue and public safety and their agents upon demand, The record must bemaintained for3'1/Z years. Rent All -Inclusive: Amounts paid asrent hythe organization to the lessor are m||'inc|ux|ve. No other services or expenses provided o,contracted bythe lessor may be paid bythe nrgani' zahon, including but not limited to: ' trash removal electricity, heat snow removal -snpmge - janitorial and cleaning services - other utilities orservices - lawn services security, security monitoring cost of any communication network nrservice required to conduct electronic pull -tabs games or electronic bingo inthe case nfbar operations, cash shortages, Any other expenditures made by an organization that is related mu leased premises must beapproved by the director of the Board. Rent payments may not homade hoa" individual. ACKNOWLEDGMENT OF LEASE TERMS [ affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling [on^n| Board. Other terms mf the lease: / re of Lessor:----' Date: Signpture qJ,-0rgfinJ2VpfVQfficia1 (Lessee): Date: Print Name and Title of vu m} — Print Name and Title df � 77 ec: �lL Questions? Contact the Licensing Section, Gambling Control Board, at 651-539-1900, This publication will be made available in alternative format (i.e, large print, braille) upon request. Data privacy notice. The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota Statutes and rules governing lawful gambling activities, CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2016-26 A RESOLUTION APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE CATHOLIC PARENTS CLUB TO CONDUCT LAWFUL GAMBLING AT THE MACHINE SHED RESTAURANT LOCATED AT 8511 HUDSON ROAD, LAKE ELMO, MINNESOTA WHEREAS, the Catholic Parents Club is submitting an application to the Minnesota Gambling Control Board for approval of a Premises Permit application to conduct lawful chaiitable gambling at the Machine Shed Restaurant at 8511 Hudson Road, Lake Elmo, MN; and WHEREAS, the gambling premises is located within the City limits of Lake Elmo, Minnesota; and WHEREAS, the Catholic Parents Club is a lawful gambling organization within the City; and WHEREAS, the Catholic Parents Club will be responsible for operating and managing the lawful gambling activity at the Machine Shed Restaurant site and will comply with all applicable requirements of city code and state statutes, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota that the City Council does hereby approve the issuance of a Premises Permit to the Catholic Parents Club to conduct lawful charitable gambling activities at the Machine Shed Restaurant, 8511 Hudson Boulevard, Lake Elmo, Minnesota. Adopted by the City Council of the City of Lake Elmo, Minnesota this 5th day of April, 2016, Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk 477630v I ANI13 L1515-1 TI IF CI FY OF E ELN/10 AY COU CIL CO U ICATIO DATE: April 5, 2016 CONSENT ITEM # 9 AGENDA ITEM: Savona 4d1 Developer's Agreement SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handl, City Administrator REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsala, City Attorney SUGGESTED ORDER OF BUSINESS (if rernoyed from the Consent A2encla): introcl iietion of Item _ ..... ..... ...... Community Development Director Report/Presentation. ..... ...... _ „ ....(o min tw it y Development l)irector Quest ions from (')um: il to S Li ...... Mayor Facilitates Call Ibr Motion._ ..... ....... ........ ........ Mayor & City Council Discussion.........................____. ...... _____________ ..... Mayor & City Council Action on ....... M ayor Facilitates POLICY RECOMENDER: Staff is recommending that the City Council approve a developer's agreement associated with the Savona 4(1' residential development. The agreement has been drafted based on a model agreement previously reviewed by the Council in January 2016. FISCAL IMPACT: Direct Payments to Developer -- None: there are no City payments for oversizing of utilities or for other reasons included in the agreement. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance ofstorm water ponding areas (after warranty period), maintenance of the 5th Street boulevard landscaping (after three years), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize execution of a developer's agreement for the Savona 4th residential development. The attached agreement has been reviewed by the City Attorney and City Engineer, and all recommend changes -- page 1 -- City Council Meeting April 5, 2016 [Co/1st/It AgeMO Item 97 specific to the Savona 4'11 project have been incorporated into the document as clratied. This agreement must be executed and conditions complied with before any construction activity. outside of the previously authorized grading, work, may proceed on the site. No work on the site will occur until the conditions of final plat are complied with and the plat is recording with Washington County. The recommended motion to take action on the request is as follows: "Move to adopt Resolution 2016- 2°approving the developer's agreement fir Savona 41 Addition" LEGISLATIVE HISTORY/STAFF REPORT: One of the conditions attached to the Council's approval of the Savona Final Plat specified that the developer enter into a Developer's Agreement prior to the execution of the plat by City officials. Staff has drafted such an agreement consistent with the City's developer's agreement template modified and presented in Januaiy 2016, which is attached for consideration by the City Council. The key aspects of the agreement include the following components: That all improvements to be completed by Septetnber, 2017. That the developer provide a letter of credit in the amount of $4,080,974 related to the cost of the proposed improvements. That the developer provide a cash deposit of $522,764 for SAC and WAC charges, engineering administration, one year of street light operating costs, and other City fees. The proposed project does not include any specific City payments for utility oversizing or other reasons. The City Engineer has not approved the final construction plans for the project, and no work will be allowed to commence on the site until these plans are approved by the City and the conditions of Final Plat are complied with. BACKGROUND INFORMATION (SWOT): Strengths: The developer's agreement has been dratted to guarantee that the improvements associated with Savona 4th plans will installed in accordance with City specificatio ns. Execution of the developer's agreement and compliance with all conditions in the agreement and the Final Plat approval will allow the developer to record the Savona 4th Final Plat Weaknesses: The City will assume responsibility for fi.iture maintenance of the public improve me nts. Opportunities: The proposed improvements include the construction (Attie final segment of the 5'h Street parkway within Savona. -- page 2 -- City Council Meeting [Co iisinit Agenda Item April 5, 2016 Threats: The City will need to provide construction observation throughout the course of the project (these costs will be covered under an Engineering .Administration Escrow). RECOMMENDATION: Based on the above Staff report, Staff is recommending that the City Council approve the Developer's Agreement for Savona 4(11 Addition and that the Council direct the Mayor and Staff to execute this document. The suggested motion to adopt the Staff recommendation is as follows: "IIlove to adopt Revolution 2016- approving the developer's agreement for Savona 4th Addition" ATTACHN1ENTS: I Resolution 2016-20 2, Savona 4th Developer's Agreement — Final Draft -- page 3 -- RESOLUTION NO. 2016-20 A RESOLUTION APPROVING THE DEVELOPER'S AGREEMENT FOR SA VONA 4TH ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, U.S. Home Corporation (d/b/a Lennar), 16305 36til Avenue North, Suite 600, Plymouth, MN ("Applicant") has previously submitted an application to the City of Lake Elmo (-City-) for a Final Plat for Savona 4th Addition; and WHEREAS, the Lake Eh -no City Council considered and approved the Preliminary Plat request for Savona at a meeting held on August 6, 2013; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2016-16 on March 15, 2016 approving the Final Plat for Savona 4th Addition; and WHEREAS, Condition (4) of said Resolution No. 2016-16 establishes that, prior to the execution of the Final Plat by City officials, the Applicant is to enter into a Developer's Agreement with the City; and WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its March 15, 2016 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement tbr Savona 4th Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 5th day of April 2016 by the City Couricil of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk �����U u~� ��~ v,se",»/n-recording i?ilomm*mi (Public sewer and water) Savona 411 Addition AGREEMENT dated ELMO a Minnesota municipal corporation (1Chv^). and U.S.Home Corporation, d/b/aLonnar (the "Developer"). , 2016, by and between the CITY OF LAKE 1 REQUEST FOR p»LAJ' APPROVAL. The Developer has asked the City to approve a plat for Savona 41hAddUUon (referred to in this Contract as the "plat"), The land is situated in the County of Washington, State of Minnesota, and legally described in Exhibit "A". 2. CONDITIONS OF PLAT APPROVAL The City hereby approves the plat oncondition that the Developer enter into this Contraot, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (1180) days after the City Council approves the final plat. 3- R|KSHl[ TO PROCEED. Unless separate written approval has been given by the City, within the plat nrland to be platted, the Developer may not grade or otherwise disturb the earth, remove tneea, construct sewer |inno' water |inos, ntneeto, uU|itieo, public or private innprovmnnents, or any buildings until all the following conditions have been satisfied: 1\this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has been recorded with the Washington County Recorder's Office, and 4\ the Cit/s Planning Director has issued e letter that all conditions have been naUafied, a pnaConeJnuctiOn conference has been he|U, and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final p|edn of subsequent phases if the Developer has breached this Contract and the breach has not been remedied, Development of subsequent phases may not proceed until Development CVrtc8(tS for such phases are approved by the City. Park charges and availability charges for sewer and vvahar referred to in this Contract are not being imposed on outkts, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the out|nts are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is o phase of o multi -phased preliminary p|at, the preliminary plat approval for all phases not final platted shall |npam and be void unless final platted into lots and b|ookn, not oudmts, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contnao1, no amendments to the Qty's Comprehensive Plan or official controls shall apply to or affect the use, development density. lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thornafb»r, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state |avv. the City may require compliance with any amendments tothe City's Comprehensive P|en, nOinim| oontno|n, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed inaccordance with the following plans and at the Developer's sole expanse. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control, The plans are: Plan A' Plat Plan B - Final Grading, Drainage, and Erosion Control Plan 8EV2--12!/512015 Plan C-Trne Preservation and Reforestation Plan Plan O-Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. VVohennain D. Surface Water Facilities (pipe, pondo, rain gardens, etc.) E' Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities |, Street Signs and Traffic Control Signs J. Landscaping K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required byMinnesota Statutes N. Miscellaneous Facilities The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by competent registered professional engineer to the City for approval by the City Engineer. The Developer nhe|| instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City'p discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer shall provide for on -site project management. The Developer's engineer in responsible for design changes and contract administration between the Developer KEY2:12//5!`2015 and the Developer's contractor. The Developer or his engineer shall schedule a pre -construction nneodnO at n rnutuo|k/ agreeable time at the City Hall with all parties conmanned, including the City ntaff, to review the program for the construction work. All labor and work nho|| be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list o/ contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the Cih/, unless such work iefirst ordered in writing by the City Engineer anprovided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of Final Plat, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 33. Summary of Cash Requirements. Thereafter. the Developer shall reimburse the City each month, within 30 days of receiving on invoice, for all engineering administration and construction observation performed during the construction of the plat After 30 days of the invoice, the City may dnyvv upon the escrow and stop the work on site until said escrow has been replenished in its full amount. City engineering administration will include monitoring of construction progress and construction oboervadon, consultation with Developer and his engineer on status or problems regarding the project, coordination for hasiing. final inspection and enceptonoe, project monitoring during the warranty period, and processing Of requests for reduction in seouhh/. Construction observation may be podbrrnod by the City'e in-house staff nrconsulting engineer. Construction observation shall ino|ude, at the discretion of the cih/, pert orfull time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. KEY2:12/152015 4 The direction and review provided through the inspection of the improvements should not he considered a substitute for the Developer required nnanogennerd of the deve|opnnent. Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement Vfconstruction of each type of Improvement. City shall inspect all Developer Installed |nnpn)vennenbs during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental authority, and no agency or joint venture relationship between the City and Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission nnnnnbo/n' and nnrporadonm, partnerahips, and other entities in which such individuals have greater than o 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Riqht-of-VVaVExcavations and Obstructions: ~ City ofLake Bnno, Right -of -Way UdUh/ Installation(s) ~ City ofLake Bnno. Right -of -Way Obstruction(s) ° Washington County. Utility Installations(s) ~ Washington County, Street orDriveway Ancens(s) ° Minnesota Department of Transportation, Utility Installation . Minnesota Department of Transportation, Right -of -Way Permit B. VVabynnain Extensions: . Minnesota Department of Health C, GonkarySewer Extensions: ~ Minnesota Pollution Control Agency ~ Metropolitan Council Environmental Services D. Otornlwxaber yWanaOemerd: Valley Branch, Brown's Creek and South Washington Watershed District Permit E. Erosion, Sedimentation Control: ° Minnesota Pollution Control Agency, General NP[JE3Storn1vvaharPermit ~ 8VVPPP/StnnnwaterPollution Prevention Plan) R[Y2:12/15/2015 5 F. VYmdandK4itiqaUon: . Board of Water and Soil Resources, WCA G. ConstnuchonDevvabehnq: . Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer ohoU install all required public improvements bySeptember, 2017.with the exception of the final wear course ofasphalt onstreets. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter neosqn, consistent with warranty naquinannents, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, hovvever, request on extension of time from the City, If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its aOenta, ennp|oyees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS' Construction traffic access and egress for grading, public utility construrUon, and street construction in restricted to aCo8so the subdivision via 5wStreet N. Noconstruction traffic iapermitted 0nother adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in o sequence which will a||ovv progress and compliance points to be measured and evaluated. The Developer and/or their representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in vv,i1inQ stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16. 17and 18. 16. EROSION CONTROL. Prior to initiating site gnading, the erosion control plan, Plan B. shall be implemented by the Developer and inspected and approved by the City. Erosion control practices KEv2:105/2015 0 must comply with the approved plans and specifications for the plat, with all watershed district pennh8 and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action asitdeems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City'o rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No deve|opnnent, utility orstreet construction will be allowed and no building permits will be issued unless the plat in in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvennents, the developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue an stated above. Erosion control plans for individual lots will be required in accordance with the City'o building permit requirements, or as required by the City orCity Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B"The plan ohe|| oonh3rrn to the Engineering Design and Construction Standards Manual. All grading shall be oonnp|ehod within the Subdivision prior to the preparation and submittal ofthe as -constructed grading plan. A. Within thirty (30) days after completion of the grading, the Developer shall provide the City with a ''nanord" grading plan certified by registered land surveyor orengineer that all pondn, avva|es, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: o\ cross sections of ponds; b\ location and elevations along all svva|eo, emergency overf|ovvs, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow g,eas/etochpi|eo; c\ lot corner elevations and house pads; and d>0op KEVI:12/15O015 7 and bottom ofretaining walls. B. The City will not issue any building permits until the approved certified record grading plan is on file with the Qh/. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain.and streets ohoU be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan ''D" The plan shall conform to the City'n Engineering Design and Construction Standards Manual, Curb and gutter and the Ond lift of the bituminous streets, nidovva|ks, boulevards gnaded, street signs innta||ed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is cVmp|etGd, the developer nrits representative nhe|| submit o written request to the City asking for an inspection of the initial improvements. The City will then schedule e walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch |io( provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course shall be installed in accordance with paragraph 12above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to oonnp|ednQ streets, the Developer shall maintain u smooth surface and provide proper surface drainage tn insure that the streets are passable totraffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may opi||, tnack, or wash onto the street from Developer's operation. The Developer may request, in vvriting, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a xEvz: 121152815 ` minimum, scraping and sweeping shall take place ona weekly basis. Acopy of this contract shall beapproved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. OWNERSHIP OF IMPROVEMENTS. Upon cornp|ohnn of the work and construction required by this CVnhoc<, the improvements lying within public easements ShmU become City property. Prior to acceptance of the improvements by the City. the Developer must furnish the City with a complete set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: 'Developer/Developer Engineer's Certificate - Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of"record o|ano^ and affidavKs, and upon review and verification by the City Engineer, the City Engineer will occa[d the completed public improvements. 21. PARK DEDICATION. The Developer has satisfied park dedication requirements for all the onams to be platted within the Savona Preliminary Plat as pad of the Savona Development Contract. No additional park dedication iarequired for the plat, 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment ofall sewer availability charges (SAC) and all water availability charges (WAC)with respect to the |nnprovonnenky required by the City and any state ormetropolitan government agency. The sewer availability charge (SAC) in the amount Vf$3.00U.O0 per FlEU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $234.000.00. The water availability charge (VVAC) in the amount of$3.U0O.O0 per REU shall be paid by the Developer prior to the Qh/ recording the final plat. The total amount to be paid by the Developer is KEv2:12/15,2015 9 $234.000.00 In oddUUon, o sewer connection charge in the amount of $1'000.00 per REU. a Met Council sewer availability charge in the amount of$2.485.00 per F<EU, and a water connection charge in the amount of $1.000.00per REUwill becollected bythe City otthe time the building permit isissued for each lot. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements and the installation costs ohoU be included in the street construction calculations. 24. STREET LIGHTS. The Developer in responsible for the cost of street light installation consistent with a ntnaot lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The required security is $84.000 and consist offourteen (14) decorative lights at $6,000 each. The Developer shall also pay $1,554 in payment of the first year operating costs for street lights. 25. WETLAND K8|T|KSAJ'AOyN. The Developer nho|| complete wetland nnitiOmUon/nastoration inaccordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If the mitigation work is found to be incomplete or restoration isunsuccessful the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures tobeused bythe City toperform the work. 26. EBL]|LD|yQG PERM |TS/CERT|FICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift ofasphalt shall be installed on all public and private streets prior to issuance of any building ponnits, mxoe[d one nnude| home on o lot acceptable tothe Planning Director. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in anoondmnms with the Cit/s zoning ordinance. The monument design shall be approved by the Planning Oepartnnant, C. Written certification of the as -constructed grading must he on file at the City for the block where the building istobelocated. O. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the Chv, shall be grounds for denial of building pemoh3 and/or withholding of other permits, inspection or actions, including lots sold to third par -ties, and the halting of all work in the plat. E' If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the Chy. Devo|nper, their contnaoUons, subContna[tOrs, nnetodo|rnen, onnp|oyeos, agents, or third parties. F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. G. The City will not issue a certificate ofoccupancy for any building constructed on any lot or parcel in the Plat until Public sewer and vvmtor, ourbing, and one lift ofasphalt is installed on all public and private streets; all utilities are k»ohed and approved by the City Engineer; and the as - constructed grading must be on file at the City for the block vvhona the building in to be located. This requirement does not allow for the development to be phased for some lots. 27. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, mak*ha|n`en, or others that work required by this Contract has been performed, the sums due them have not been poid, and the |abVr8rs, nnaterie|rncn, or others are seeking payment from the Qh/. the Developer honabv authorizes the City to commence an |nharp|eader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courto, to draw upon the letters of credit in an amount up to 125 percent of the doinn(e) and deposit the funds in compliance with the Ru|e, and upon such deposit, the Developer shall re|eaae, dinchargm, and di3nniSa the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. B. Except as otherwise specified herein. the Developer shall pay all costs incurred by it or the City in conjunction with the development of the p|at, including but not limited to |ego|. planning, »Ev2:12/151"I0/5 11 engineering and inspection expenses incurred in connection with approval and acceptance of the p|ot, the preparation of this Cortnaot, review of construction plans and docunnenbs, and all costs and expenses incurred by the City in monitoring and inspecting development ofthe plat. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its nfficoro, employees, and agents hornn|eon from n|a)nne made by itself and third parties for damages sustained or costs incurred n*nu|Ung from plat approval and development. The Developer shall indemnify the City and its oMinern, ennp|oymmn, and agents for all oosto, dannageo, or expenses which the City may pay or incur in consequence of such claims, indudingattorneyn'fens. O. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneya'fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is aM3ohed, all special onoenamenie referred to in this Contract. This in o personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, orany part nfit. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days who|| be assessed a late fee per the City of Lake Bnno adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat A. |rnolemnnbadnn of the recommendations listed in the February 15.2O1O Engineering memorandum. B. Before the City signs the final p|oL the Developer shall convey OudntsA. B. C and D. Savona 4mAddihon to the City bywarranty deed, free and clear nfany and all encumbrances. C. The Developer must obtain a sign permit from the City Building Official prior to KEv2:12,115Y2015 12 installation ofany subdivision identification signs. O. The Developer shall comply with the 3 items identified in the City's Landscape Architect's review memorandum dated February 1O.2015. E. The Developer shall incorporate a 3-year maintenance plan for commonly held HOA and City outlots and rights -of -ways into the HOA covenants and a Landscape and Irrigation License Agreement. F.The Developer shall enter into aaLandscape and Irrigation License Agreement with the City for the maintenance of commonly held HOA and City out|ots and rights -of -ways prior to recording the Final Plat. 29' MISCELLANEOUS. A. The Developer may not assign this Contract without the vvrhban permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one ormore lots, the entire plat, orany part ofit, B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotwchnica| engineer licensed by the State of Minnesota. Following oonotruotion, a certification signed bythe design engineer shall be filed with the City Engineer evidencing that the retaining vvaU was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining vva|| is required to be built. C. Appropriate legal documents regarding Homeowner Association doounnents, covenants and restrictions, as approved by the City Attorney, shall be filed with the final plat. No third - party beneficiary is hereby conferred. D. Developer shall take out and maintain or cause to be token out and maintained until six (0) months after the City has accepted the public innpnovonnnnto. public liability and property damage insurance covering personal injury, including doath, and claims for property damage which may arise out of REV2: 12/152015 13 Developeeswork orthe work of its subcontractors mbyone directly or indirectly employed byany of them. Linnhe for bodily injury and death nhoU be not |eno than $500.000 for one person and $1.000.000 for each occurrence; Unnhn for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1.000.000 or rnVna. The City shall be named as an additional insured on the po|ioy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty /30\ days advance written notice cdthe cancellation nfthe insurance. E. Third parties shall have norecourse against the City under this Contract. F. If any portion, smcUon, subnecdon, nnntence, dause, paragraph, or phrase of this Contract is for any reason held invaUd, such decision shall not offen< the validity of the penne|ninO portion of this Contract G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in whUnQ, signed by the parties and approved by written resolution of the City Council. The Cih/e failure to promptly take legal action to enforce this Contract shall not beawaiver orrelease. H. This Contract shall run with the land and may be recorded against the title tnthe property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this CPntract, in the form attached he/eto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach ofthe foregoing covenants. |. Each hght, power or remedy herein conferred upon the City is cumulative and in addition to every other riQht, power or rsmeUy, express or inmp|ied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power orremedy. J. The Developer represents to the City that the plat complies with all city, coumty, nnetropoitan, state, and federal laws and negu|ahonn, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. |fthe City determines that the plat does not comply, the City may, at its oodon, refuse to allow construction ordevelopment work in the p|sd until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 30. EVENTS OF DEFAULT. The following shall be "Events of Oehau|C' under this Agreement and the term "Event of Default" shall nnean, whenever it is used in this Amneennent, any one or more of the following events: A. Subject to unavoidable do|ays, failure by Developers to commence and complete construction ofthe Public Improvements pursuant tothe terms, conditions and limitations Vfthis Agreement. B. Failure by Developers to substantially observe or perform any rnaieho| covwnan1, condition, obligation oragreement ontheir part tobaobserved orperformed under this Agreement. 31' REMEDIES ON DEFAULT. Whenever any Event ofDefault occurs, the Qty, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument ofthe City, may take any one ormore Vfthe following: A. The City may suspend its performance under the Agreement until it receives assurances from Devo|opens, deemed adequate by the City. that Developers will ouno their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits inc|uding, but not limited to, building permits. B. The City may initiate such anUnn. including legal or administrative aCUon, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Deve|opers, or innnnnU|ata|y draw Vn the Letter of Credit, as set forth in this Agreement. 32. ENFORCEMENT BY CITY: DAMAGES. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Oeve|opers, by action for specific performance or danoages, or bVth, or by any other legally authorized means. The Developers also acknowledge that their KEY2: 12Y15/20/5 15 failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event ofdefault by the Developers, the City may commence legal action to recover all damages, |os000 and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and hau|h/ workmanship. The Developer shall submit a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required vvamonh/ period for all work relating to street cunatnucUon, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject tVone (1)yaar from the date of final written mooep|enoe, unless the wearing course is p|nmad during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all vvork, including street construction, concrete curb and gutter, sidewalks and <nai|s, material and equipment for m period of two (2) years from the date of final written City acceptance of the work, C. The required warranty period for sod, trees, and landscaping is three growing seasons following installation. 34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the b»nns of this uAnaernerd, payolord of special aoseunmento, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank. cash escrow ora combination cash escrow and Letter of Credit ("security") for $4,080,974. The amount of the security was calculated as follows: CONSTRUCTION CATEGORY: 1. Grading 2. Sanitary Sewer 16 125% $474.259 4. Storm Sewer (includes pond structures and outfall pipes) 5. O. Trails and Sidewalks 7. Surface Water Facilities (infiltration buains, bioretention basins, rain gardens, etc.) 8. Street Lighting 0. Street Signs and Traffic Control Signs 10. Private Utilities (electricity, natural gas, telephone, and cable) 11. Landscaping 12. Tree Preservation and Restoration $84,000 $4,650 Tobecoordinated bythe developer $213,893 $575.550 $551.320 $1,620,751 $351,765 $101,262 $5'O13 13. Wetland Mitigation and Buffers N/A 14. Monuments $7.800 $9.750 15. Erosion and Sedimentation Control $81.003 $101.281 16. Miscellaneous Facilities N/A 17. Developer's Record Drawings $8,500 $8.125 CONSTRUCTION SUBTOTAL $3.204.779 N/A TOTAL PROJECT SECURITIES (ot125Y6 N/A $4'080,974 Construction Costs) This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the secuhh/, without nohce, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (50) days prior to the expiration of the security. the City may also draw it down. If the security is drawn dovvn, the proceeds ohm|| beused tncure the default, 36. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer and upon receipt ofproof satisfactory to the City Engineer that work has been completed in accordance with the approved plans and specifioationa, and terms of this Agnaennent, and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the security as A. Upon ounnp|eUon of grading operations, including temporary site nastonadon. Developer shall submit an as -built grading survey to the City that ada minimum establishes the as -built grades at all lot corners and dovvnnineenn drainage conveyance systems and storm water ponds. Upon inspection of the site and approval of the as -built survey, 100%. or $0, of the grading security may be released. This security reduction does not include amounts related to erosion and sedimentation control. B. Up to 75% of the security provided in accordance with paragraph 34 may be released upon completion ofthe following key milestones ofthe project andetorminndbytheCbyEnginoer. C. Construction Categories 2 and 3: The amount of$787.381 may be released when all sanitary sewer and vvmternnain utilities have been instsUed, all testing and televising has been successfully completed, sanitary sewer as -built inverts have been verified, and the utilities are considered ready for use bythe City Engineer, O' Construction Categories 4and 5:The amount of$1'838.559may bereleased when all atneets, and storm sewer have been installed and tested, and have been found to be complete tothe satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as -built inverts, but not including the final wear course. E. Construction Ce&aOo,ien 6'17: The amount of$058.81O may be released when all remaining Developer's obligations under this Agreement have been completed including: (1)bituminous wear course, (2) street lighting and private utilities, (3) sidewalks and trails, (4) hio retention haoi|iVea. (5) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans in the form of the City standards have been received and approved by the City, and (5) the public improvements are accepted by the City Engineer and City Council. F. At no point may the Security be reduced below twenty-five percent (25q6) of the original security amount until: (1) the warranty period has expired, (2)o|| improvements have been fully completed and excepted by the City, including all corrective work and identified punch list items, and (3) all financial obligations tothe City have been satisfied, G, In addition to the above project milestone based security reductions, the Developer may submit written request to the City Engineer and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved plans and speoifiowUons, and terms of this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the security for Construction Categories 2-5 in an amount not to exceed fifty percent (5O%)0fthe initial security amounts. K It is the intention of the parties that the City at all dnnos have available to it e Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due tothe City bythe Developer. To that end and notwithstanding anything herein to the oontrary, all requests by the Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that principle. 36. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must befurnished tnthe City ot the time offinal plat approval: Sewer Availability Charge (SAC) Water Availability Charge (WAC Park Dedication Street Light Operating Fee City Base Map Upgrading City Engineering Administration Escrow $234,000 $234,000 N/A $1,764 $3,000 $5O.00O/Banedontwo months of administration/observation TOTAL CASH REQUIREMENTS $522,764 37. NOTICES- Required notices tothe Developer shall be in vvhtng, and shall be either hand delivered to the Devo|oper, its employees or agents, or mailed to the Developer by certified nnoU at the following address: 18305 30thAvenue N. Suite 600, P|ynnouth, MN 55440. Notices to the City shall be in writing and ahoU be either hand delivered tothe City Administrator, or mailed to the City by certified nloi| in oona of the City Adrninistrato, at the following address: Lake Elmo City Ho||, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55O42. K[V2: l2/|5�o|5 19 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorney's title opinion or title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. CITY OF LAKE ELMO BY: Mike Pearson, Mayor (SEAL) REV2: I 2/1512015 20 (ss. COUNTY OF WASHINGTON AND BY: Its Julie Johnson, City Clerk The foregoing instrument was acknowledged before me this day of 2 . by and by .Uhe Mayor and City Clerk of the City of Lake Bnno. m Minnesota municipal corpornUon, on behalf ofthe corporation and pursuant tothe authority granted byits City Council. NOTARY PUBLIC STATE OFK4|NNE8DTA \ /os. COUNTY OF The foregoing instrument was acknowledged before me this day of the of NOTARY PUBLIC DRAFTED BY: City ,dLake Elmo 380OLaverne Avenue North Lake Elmo, MN 55042 (651)747'3901 KGv2: 12Y152015 21 FEE OWNER CONSENT DEVELOPMENT CONTRACT TO . fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, @fMnn and consent tothe provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of STATE DFM|NNEOOTA \ /sa. COUNTY OF ) by .2 The foregoing instrument was acknowledged before me this day of , 2 DRAFTED BY: City ofLake Elmo 3800Laverne Avenue North Lake Elmo, MN 55042 KEN12: 12/15/2015 NOTARY PUBLIC 22 MORTGAGE CONSENT DEVELOPMENT CONTRACT TO .vvhich holds amortgage on the subject pnnperty, the development of which is governed by the foregoing Development Contract. agnaon that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 2 STATE OFk4|NNESOTA (so. COUNTY OF The foregoing instrument was acknowledged before me this day of 2 .bv NOTARY PUBLIC DRAFTED BY: City cALake Elmo 38OOLaverne Avenue Noah Lake Elmo, MN 55042 u£V2: 12/152015 23 CONDEVELOPMENT CONTRACT TRACT PURCHASER CONSENT TO .which/who has e contract purchaser's interest in all or pert of the subject pn)pedx, the development of vvhidl is governed by the foregoing Development Contract, hereby affirms and consents tothe provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this day of 2 STATE OF MINNESOTA (ms. COUNTY OF The foregoing instrument was acknowledged before me this day of 2 .bv NOTARY PUBLIC DRAFTED BY: City ofLake Elmo 38O0Laverne Avenue North Lake Elmo, MN 55042 KEv2:/2/15!201S 24 EXHIBIT "A' DEVELOPMENT CONTRACT TO Legal Description nfProperty Being Final Platted os Savona 4111 Addition That part nfthe East Half ofthe Southwest Quarter nfSection 34,Township 29,Range 21'Washington County, Minnesota, described asfu||mvz Commencing at the West Quarter corner of said Section 34; thence South 00 degrees 00 minutes 40 seconds East, along the west line of said Section 34, a distance of 472.55 feet; thence North 89 degrees 57 minutes 32 seconds East, odistance ofI3l5.9lfeet tothe west line of said East Half ofthe Southwest Quarter and the point ofbeginning; thence South UUdegrees O2minutes 55seconds West, along said west line adistance of 714.99feet; thence North 89 degrees 55 minutes 22 seconds East, a distance of 212,38 feet; thence southeasterly along a tangential curve concave to the southwest having a central angle of 29 degrees 05 minutes 37 seconds, a radius of 1100.00 feet for an arc distance of 558.56 feet; thence South 60 degrees 59 minutes 01 seconds East, tangent to said curve, a distance of 224,27 feet; thence southeasterly along a tangential curve, concave to the northeast, having a central angle of 29 degrees 11 minutes 27 seconds, a radius nf76OD0feet for anarc distance of387.Z0feet tothe east line o(said East Half ofthe Southwest Quarter; thence North 00degrees 06minutes 3lseconds East, not tangent tosaid curve and along said east line, a distance of 1057.90 feet to a line bearing North 89 degrees 57 minutes 32 seconds East from said point ufbeginning; thence South 89degrees 57minutes 32seconds West, adistance ufI3l5.9lfeet tothe point ufbeginning. EXCEPT That part nfthe East Half o/the Southwest Quarter ofSection 34`Township 29'Range Z1,Washington County, Minnesota described as follows: Commencing at the northwest corner of said East Half of the Southwest Quarter; thence South 00 degrees 02 minutes 55 seconds West, assumed bearing, along the west line of said East Half a distance of 759.99 feet to the point of beginning of the parcel to be described; thence South 16 degrees 08 minutes 55 seconds East, along the centerline of the Pipeline Easement described in Document No. 3172091, a distance of 448.37 feet; thence South 89 degrees 55 minutes 22 seconds West a distance of 125.07 feet to said west line of said East Half; thence North 00 degrees 02 minutes 55 seconds East, along said west line a distance of 430.85 feet to the point of beginning. AND That part ofthe East Half ofthe Southwest Quarter vfSection 34,Township 2\Range 2l'Washington County, Minnesota, lying south of the south line of the dedicated plat of STONEGATE 2ND ADDITION and lying north of a line described asfollows: Commencing atthe West Quarter corner ofsaid Section 34;thence South O0degrees OOminutes 4Oseconds East, along the west line of said Section 34, a distance of 472.55 feet to the point of beginning of the line to be described; thence North 89degrees 57minutes 32seconds East, adistance of2631.8Zfeettutheeao line ofsaid East Half nfthe Southwest Quarter and said line there terminating. EXCEPTING THEREFROM; Commencing at the Southwest corner of Lot 4, Block 3, said STONEGATE 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota; thence South OUdegrees UZminutes 55seconds West, assumed bearing along the West line of said East Half of the Southwest Quarter, a distance of 262.00 feet; thence North 89 degrees 57 minutes 33 seconds East, a distance of 358.06 feet; thence North 00 degrees 02 minutes 55 seconds East, adistance of 262.00 feet to the Southeast corner of said Lot 4; thence South 89 degrees 57 minutes 33 seconds West, along the South line nfsaid Lot 4,adistance nf358.06feet tothe point ofbeginning. KF-Y2: 12/1512015 25 I� LE R OF CREDIT'-------�-' - --� ' No. TO: City ofLake Elmo Dear Sir orMadam: VVohereby issue, for the account nf (Name wfDeveloper) and inyour favor, our Irrevocable Letter of Credit inthe amount of$ 'available Uoyou byyour draft drawn onsight onthe undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter ofCredit No. . doted . 2 . of (Name ofBank) ^; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment a\ (Address of Bank) , on or before 4:00 p.m. on November 30, This Letter of Credit shall automatically renew for ouooeuaiva ono -year Vanns unleoo, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five(45)dayn prior tothe next annual renewal date addressed as follows: City Administrator, City HoU, 3800 Laverne Ave. N. Lake Elmo yWionmoo\a 55042 and is actually received by the City Administrator etleast thirty(3O) days prior to the renewal date. This Letter of Credit sots forth in full our understanding which shall not in any way be modified. amended. amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein, This Letter of Credit is not assignable. This is not Notation Letter of Credit. More than one draw may be made under this Letter ofCredit. This Letter ofCredit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber nfCommerce Publication No. 5UU. We hereby agree that draft drawn under and in compliance with this Letter ofCredit shall beduly honored upon presentation. REY2:/2//5/2015 Its 26 TI IN CITY ()I-` LAKE FLMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/2016 REGULAR ITEM trk 10 MOTION Interim Use Permit for a Commercial Wedding Ceremony Venue Stephen Wensman, Planning Director- Presented by Ben Gozola Clark Schroeder Emily Becker, City Planner Ben Gozola, Consultant Senior Planner SUGGESTED ORDER OF BUSINESS: Introduction of Item Staff Report/Presentation Staff - Questions from Council to Staff. Mayor Facilitates Public Input, if Appropriate Mayor Facilitates - Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates SUMMARY AND ACTION REOUESTED: Carol I'almquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial Wedding Ceremony Venue to be located at 12202 55th Street N. Staff and the Planning Commission recommend approval a 5-year Interim Use Permit with conditions with the following motion: "Move to approve Resolution 2016- granting a 5-year Interim Use Permit for a Commercial Wedding Ceremony Venue with 13 conditions". BACKGROUND AND STAFF REPORT: Carol Palmquist is requesting approval of a 10-year Interim Use Permit to establish a Commercial Wedding Ceremony Venue on her residential property located al 12202 55th Street N. On February 16, 2016, the City Council approved an amendment to the Commercial Wedding Ceremony Venue ordinance to allowed the venues as an accessory use with an interim use permit in the A - Agriculture, RT — Rural Transitional, and RR -Rural Residential zoning districts on parcels 10 acres in size or greater, increased the allowed number of venues to no more than four per week, no inore than 2 per day, requires an operator or responsible designee be on the premises for the duration of each event, and exempts applicants from the commercial parking and curbing requirements of Section 154.210. On February 22, 2016, the Planning Commission held a public hearing. At the public hearing, three residents spoke on the item. One spoke in favor of the item and the two others expressed concerns about noise, environmental concerns, and the city's poor maintenance of the road. Of those that spoke, none were opposed to the proposaL The Planning Commission discussed primarily focused on the duration of the interim use permit, and the issues of noise and emergency vehicle access requirements. The Planning Commission recommended approval of a 5-year Interim Use Permit with 13 conditions. CONDITIONS OF APPROVAL: On February 22, 2016, City Staff had presented 10 conditions of approval in the Staff report. The Planning, Commission amended conditions 2 and 6, and added three additional conditions (underlined). The recommended conditions of approval are: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area, or that the access driveway be 18' wide, designed to the 7 ton standard to the edge of the field and that the adjacent private drive remain clear during venues for emergency service vehicles. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of ten five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. • Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that contour' to the 90 MPH wind loading in the Minnesota State Building Code, 8) Applicant must comply with all applicable requirements of the MN State Fire Code: • Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. • Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 11) Applicant enter into a maintenance agreement with the City to maintain 55th Street west of Marouess Trail to the applicant's field road through the term of the Interim Use Pennit 12) Submit an erosion control plan with any extension of the gravel entrance road. 13) Submit the results of an instrumented measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City's noise ordinance. REQUIRED FINDINGS: An interim use permit may be granted only if the City Council finds as follows: 1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2. The use wili not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. 3. The use will not adversely impact implementation of the Comprehensive Plan. 4. The user agrees to all conditions that the City Council deems appropriate to establish the interim use. This may include the requirement of appropriate financial surety such as a letter of credit or other security acceptable to the City to cover the cost of removing the interim use and any interim structures not currently existing on the site, upon the expiration of the interim use pem-iit. 5. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. 6. The date or event terminating the interim use shall be set by the City Council at the time of approval. Staff and the Planning Commission believe thc application meets each of the above listed findings. RECOMMENDATION: Staff and the Planning Commission recommend approval a 5-year Interim Use Permit with conditions with the following motion: "Move to approve Resolution 2016-19 granting a 5-year Interim Use Permit for a Commercial Wedding Ceremony Venue with 13 conditions". ATTACIIMENT(S): • Commercial Wedding Ceremony Venue Ordinance • Resolution 2016-19 granting approval for a 5-year interim use permit for a Commercial Wedding Ceremony Venue 2/22/16 Planning Commission. Minutes CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 1\ O. 2016-19 A RESOLUTION APPROVING AN INTERIM USE PERMIT FOR CAROL PALMQUIST TO ESTABLISH A COMMERCIAL WEDDING CEREMONY VENUE AT 12202 55TH STREET N. WHEREAS, the City of Lake Elmo has approved a Commercial Wedding Ceremony Venue ordinance on 2/21/13; and WHEREAS, the Commercial Wedding Ceremony Venue ordinance was amended on 5/6/14, and on 3/19/16; and WHEREAS, the applicant, Carol Palmquist, residing at 12202 55th Street N, applied for an Interim Use Permit to establish a Commercial Wedding Ceremony Venue as an accessory use on her property; and WHEREAS, the Planning Commission held a public hearing on February 22, 2016; and WHEREAS, the Planning Commission found the proposed Interim Use adequately conforms to the following findings of fact: 1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. 2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. 3) The use will not adversely impact implementation of the Comprehensive Plan. Resolution 2016-13 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under future zoning. 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. 6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel; and WHEREAS, on February 22, 2016, the Planning Commission recommended the City Council approve the Interim Use Permit with 13 conditions; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the five year Interim Use Permit to establish a Commercial Wedding Ceremony Venue at 12202 55th Street N with the following conditions: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area, or that the access driveway be 18' wide, designed to the 7 ton standard to the edge of the field Resolution 2016-13 and that the adjacent private drive remain clear during venues for emergency service vehicles. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of t-efi five years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. • Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code. 8) Applicant must comply with all applicable requirements of the MN State Fire Code: • Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. • Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. Resolution 20 16-13 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 11) Applicant enter into a maintenance agreement with the City to maintain 55th Street west of Marquess Trail to the applicant's field road through the term of the Interim Use Permit 12) Submit an erosion control plan with any extension of the gravel entrance road. 13) Submit the results of an instrumented measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City's noise ordinance. This resolution was adopted by the City Council of the City of Lake Elmo on this day of , 2016. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk KL:solulion 2016-1 3 TI IF: CITY OF LAKE ELMO PLANNING COMMISSION DATE: 2/22/2016 AGENDA ITEM: 4c — PUBLIC HEARING CASE #2016-04 City of Lake Elmo Planning Department Interim Use Permit Request: Commercial Wedding Ceremony Venue To: Planning Commission From: Stephen Wensman, City Planner Meeting Date: February 22, 2016 Applicant: Carol Palmquist Owner: Carol Palmquist Zoning: A - Agriculture Suggested Order of Business - Introduction Planning Staff Report by Staff. Planning Staff Questions from the Commission__ .......... .......... Chair & Commission Members Open the Public Hearing... ..... ..... ...... .............. ..... Chair - Continue the Public Hearing to the February 8, 2016 meeting ........ ........... Chair - Discussion by the Commission Chair & Commission Members Introductory Information Requested The applicant is requesting approval of a 10 year Interim Use Permit to establish a Pernzit: commercial wedding ceremony venue on an Agricultural property located at 12202 55th St. N. Application The requested interim use would allow a commercial wedding ceremony venue to be Summary: established on a 10.26 acre agricultural property located at 12202 55'1' St. N with the PID: 06.029.20.23.0006 The application details include the following: PUBLIC HEARING ITEM 4a — ACTION ITEM 2 Type of business: Commercial wedding ceremony venue. On -Site Activity: wedding ceremonies in a vineyard with turf parking. Employees: 3-4 part time (estimated). Proposed number of guests: Up to 200. Use Frequency: 4 times per week, maximum. from May through October with a maximum 3 hour duration for any single ceremony. Hours of operation: 10 am-10pm. Attachments: Commercial Wedding Ceremony Venue Ordinance. Applications submittal: 'Written Statement, Proposal letter, Site Plan. Building Official Memo dated 2/3/16. Fire Chief Memo dated 2/3/16 Findings & General Site Overview Site Data: Lot Size: 10.26 acres Existing Use: Residential/Agricultural Existing Zoning: Agricultural Property Identification Number (PID): 06.029.20.23.0006 The proposed commercial wedding venue site is part of a 120 acre farm originally homesteaded by George Schindler. The site was farmed continuously until 1981 when it was subdivided and sold. In 1983, the Paliners purchased 10.26 acres of the farm, constructed a house and planted a small vineyard. Proposal The applicant is requesting a 10 year Interim Use Permit. Over the years, many people Review: have asked the Palmers to hold wedding events on their property. Carol Palmer was the inspiration for the Commercial Wedding Venue Ordinance. Minimum Criteria: Under the ordinance, commercial wedding ceremony venues are an interim accessory use in the Agriculture zoning district on parcels 10 acres and greater. The site has the capacity to accommodate the use without altering its rural characteristics and will not affect the health, safety and welfare of the community. The proposed ceremonies will be held adjacent to the vineyard in an open field with good drainage. The open field will also accommodate the proposed parking that has easy access off of 55'1' Street N. 55th Street North is only accessible from Manning Avenue, so the impact on local roads and neighbors is minimal. PUBLIC HEARING ITEM 4c — ACTION ITEM Adjacent Land Uses: The proposal is an agricultural property of 10.26 acres in size which is surrounded by residential homes on three sides and commercial on the east. To assist in the evaluation of the proposal, staff has provided the approximate distance between the proposed field area for the venue to adjacent residential homes. North: residential home approximately 800 ft. away. South: residential homes, nearest approximately 450 ft. away. West: residential home, approximately 500 ft. away. East: commercial businesses. Noise: The owner will comply with the City's noise ordinance. The applicant will he purchasing a sound system for the venue and has the ability to cap the sound level. The applicant will enforce noise restrictions with the contractual agreement with customers and through use of posted signs. An existing stand of 20-40 foot Norvvay Pine trees surrounding the property will also provide a natural sound barrier. Access/Traffic: The applicant proposes utilizing the existing gravel field entrance off of 55'1' Street N to access the venue. The proposed parking area is on the open grass field parallel to 55th Street. The proximity to 55th Street will provide adequate emergency vehicle access. City Staff recommends that the access from 55th Street be at least 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to northerly extent of the parking area. The applicant proposes to employ an attendant for each venue to direct traffic and to organize entering and exiting traffic. Temporary signs will also be used to guide traffic and to caution the 55th Street N trail users. 55th Street N is only accessible from Manning Avenue to the east, so there will be minimal impact on local streets or traffic. Parking: The performance standards for commercial wedding venues require parking to be 100' from residential property lines. The grass field parking easily meets this criterion. On February 16, 2016, the Commercial Wedding Ceremony Venue ordinance was amended exempting such venues from the commercial parking lot surfacing and curbing requirements. The turf parking complies with the code requirements. There are no accessible facilities proposed and none required by City Code. Sanitary Facilities: The applicant is proposing to use rented sanitation facilities (port -a -potties). According to Building Code, assembly for 200 guests would require 4 sanitary facilities of which one is required to be handicap accessible with an accessible path. Lighting: PUBLIC HEARING ITEM 4c — ACTION ITEM 4 No site lighting has been proposed, but the applicant has stated that they will comply with city lighting regulations, Buffering: An existing 20-40 foot stand of Norway Pines surround field on the east and west sides buffering the use from adjacent residential properties. Temporary Tents: The applicant may utilize temporary tents with venues. The MN State Fire and Building Code have specific requirements for such structures. The City Fire Chief and Building Official have provided review comments (attached) which are recommended conditions of approval. Required Findings: In order for the City Council to approve the interim use permit, six findings must be met. Staff has listed each of the findings with comments in hold italics: I) The use is allowed as an interim use in the respective zoning district and conforrns to standard zoning regulations. In conformance with zoning regulations 2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. The site is. located on a dead- end street accessible from a Manning. The impact to the neighborhood will be tzegligible. 3) The use will not adversely impact implementation of the Comprehensive Plan. The improvements respect the rural/agricultural nature of the area and zoning district. The use is accessory to the principle residential use. 4) The date or event that will terminate the use is identified with certainty. The applicant has specified in the application materials that the use will terminate once the property is sold or developed under future zoning. Staff is recommending a termination date of ten years from the date of approval. 5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. A consent agreement will need to he approved by the City Council as a condition of approval. 6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. This item can also be addressed as part of a consent agreement with the City. PUBLIC HEARING ITEM 4c — ACTION ITEM 7) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. Recommendation: Conditions: Based on a review of the applicable code sections, Staff is recommending that the Planning Commission recommend approval of the interim use permit bascd on the following: 1) That a parking attendant be on site to assist with cars arriving and exiting the site for each wedding ceremony event. 2) That the access driveway be 18' wide and designed to a 7 ton standard to accommodate emergency service vehicles to the northerly extent of the parking area. 3) That accessible parking be provided and signed as handicapped parking with an accessible path connecting the sanitary facilities and the public assembly area. 4) That the applicant maintains compliance with all applicable City Code standards for the duration of the interim use. 5) That the applicant enters into a consent agreement with the City in accordance with Section 154.107 of the City Code. 6) That the interim use is valid for a period of ten years and must be renewed by the City Council prior to the end of this time period in order to continue operating from the site. 7) The applicant/owner shall comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. Temporary stricture installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code. 8) Applicant must comply with all applicable requirements of the MN State Fire Code: • Chapter 24, "Tents, Canopies and other Membrane Structures of the 2007 Minnesota Fire Code. o Section 503, "fire Apparatus Access Roads", of the 2007 Fire Code. • Section 906, "Portable Fire Extinguishers", of the 2007 Fire Code. 9) That the applicant/owner maintain a contract to supply and maintain (4) temporary sanitary facilities while in operation and that at least one temporary sanitary facility be handicapped accessible and placed on an accessible route. PUBLIC HEARING ITEM 4c — ACTION ITEM Motion 6 10) Any Portable power/ generators/ Heaters or other like equipment shall be placed/installed in accordance with the manufacture installation instructions and the applicable codes. Staff recommends the Planning Commission recommend approval with the following motion: "Motion to recommend approval of the interim use permit for a commercial wedding ceremony venue to be located at 12205 55111 Street North with 11 conditions". PUBLIC HEARING ITEM 4c — ACTION ITEM ^"'~"|" k' To: Stephan VVensma»'Planning Director From, Kick Chase, Building Official Date: 2/03/20I6 Subject: Interim Use permit application (Wedding Ceremonies temporary structure) Applicant: Carol Palmquist Land Use Review comments request dated 1/29/16 Cursory Review Scope; This review was completed with the following information food and alcohol not servcd, temporary structure will be put in place each week an event is scheduled. 1. Based on the occupant load of 200 the required portable sanitary facilities 'is four, The sanitary facilities are required to be placed on an accessible route and one is required to be handicap accessible, 2,Temporary Accessible parking and dgnagebrequired. 3� The permit applicant/owner is required to comply with Minnesota 1300.0190 for temporary structures and uses. Building permit and inspection will be required. (See Attachment) 4. The applicant owner is required to comply with egress requirements in accordance with the Minnesota State Building Code. 5. Portable power/ generators/ Heaters orother like equipment will be placed/installed in accordance with the manufacture installation instructions and the applicable codes. 6� Temporary structure installer is required to submit a complete plan from the manufacture for installation including tie down instructions that conform to the 90 MPH wind loading in the Minnesota State Building Code, Sincerely, 17ickQaie t 06 -51(10ing .5.q6�eiy {ieye64a& elm" Station #I S 10 Laverne Ave. No. ,ake Elmo, MN 55042 651-770-5006 LAKE ELMO FIRE DEPARTMENT February 3, 2016 Station #2 4259 Janina Ave, No, Lake Elmo, MN. 55042 651-779-8882 Following. is my review related to the: "INTERIM USE PERMIT APPLICATION: Carol Palmquist is requesting an Interim Use Permit to operate a commercial wedding ceremony venue at 11202 55th Street N." More specifically, items listed under "EVENT SPECIFICATIONS": A. The number q guests vvould be set at a maximum of 200 persons Temporary tents or canopies to he used in association with the events would be erected no more than one day prior to the event Orld would be removed no more than 72 hoursfollowing the event, L Offstreet parking plan will be indicated on Site Plan. Parking Plan will be incorporated within the client contractual agreement. COMMENTS: 0 Applicant must be in compliance with Chapter 24, "TENTS, CANOPIES AND OTHER MEMBRANE STRUCTURES" of the 2007 MINNESOTA FIRE CODE • Applicant must be in compliance with SECTION 503, "FIRE APPARATUS ACCESS ROADS" of the 2007 MINNESOTA FIRE CODE Applicant must be in compliance with SECTION 906, "PORTABLE FIRE EXTINGUISHERS" of the 2007 MINNESOTA FIRE CODE All applicable requirements of the MN State Fire Code. Applicant will be required to provide a submittal that addresses all code concerns related to the MN Fire Code. Sincerely, Greg Malmquist, Fire Chief "Pro Serving Neighbors & Friends |.U.P, J. Land Use Form: Complete 2. Written statements: a. Ownn o[Kecord Carol A.Yo|mquiu l2Z0255~Street North Lake Elmo Nionesmu 55042 (651)4]9'0428 u. Surveyor: Bun} Stack 9040 Fairy Falls Road Stillwater, Minncsota55082 (651)439'5030 m. Designer: Carol Painiquist b. Address: |l2O255mStreet North Lake Elmo, MN55O42 ZonodAg,icv|tum| l0.O7Acres, more orless B0:Vd.029.2O210006 Legal Description: That Part of the SWI/s-/DES AS FOLL COM @SW COR SD 14-14 THN NO I u. History: Pmpertywasn6&inulypmrtmful28Apuroe|hmnusteodedin|854byGcnmambnmigrnn`Geurge Schindler and farmed by same. Schindler family offspring continued dairy and crop fa000gumU 1964 when the Farm was so\d� Tile u-yicu|tum|tradition continued until 1981 when the Farm was divided and sold. The original homestead on 24 A, including the barn and granary continued to be used aggriculturally. In 1983, 10.04 A more or \csu were split off the 24 A. l amthe owner ofthe now 10.87 & more urless, on which. in 1989, 1 began planting grape vines. Both properties continue in the Agricultural tradition. d Proposed Use: i Proposal Lcucr, See Attachment 2.dj ...... ii. Consent Agreement: See Attachment 2,d o, Jusdficuhono[Use: i. Ordinance No. 08-107, Commercial Wedding Ceremony Venues allowable in RT, A and RR ii Precautionary measures mmitigate disturbance toneighboring property owners. |. Noise a. Owner vlU purchase sound system for venue use, This enables the owner to control the volume and limit the sound decibel w 1150. h. Owner will enforce noise reAUlaakminthe contractual agreement with the client, c Owner has ioplace, mature J0-40'Norway pine trees surrounding, venue area vhich act anunatural sound barrier. ITm8c. traffic. This will control and organize the flow of vehicles sthey enter, park and exit the venue, b. Ownerwill post temporary signs indicating driveway, as well as signs to mitigate speed and encourage caution for pedestrians/pets nnthe Lake Elmo walking trail and tnenforce noise regulation. ]' Unxighdines5: a. Portable, rented sanitation facilities will bediscreetly placed, b� The entire venue area will remain grass, including parking area. There will bcno 8|u;kmp.gravc| or other impervious surfaces in the vineyard or field (venue umo). iii The use is compatible with the comprehensive plan and supports: i. Preservation o[rural lands 2. Enhancement n[community's rural sense ofplace iv. Not applicable Primary residence v. There are nodelinquent property taxes. special assessments, interest, or City utility fees due. (see Washington County rccnndx). vi Applicant is requesting Interim Use Permit expiration date of2025. F. 6ttachmenTS- ]. Verification o[ownership Z. Address labels 3. To -scale site plan 4. Proposal letter (2d.i) CAROL PALMQUIST INTERIM USE PERMIT APPLICATION Event Site Plan .....* s i....... a ..... v. ....... a ....... ...... ...... to...., .1Ra, . .... 1r von.. * ....... . ....... ip, ...... . ...4. o- m M ......... . A ......... ...... O.. ....... toe * .e .... . .• , . 4....... NS I I N NI • N 4 N, N.V.* *SINN IIII SIN II* It Sop. 'IN ,,:, al ...... a r a* a, on.. yr..... 604- ...... , ....4 a.,,, a aaag ma aaam aaw.m. ap.a 4 , ......., vet ...,, ra. or. 00 of ,......... bow, 4... ........ a ....... 4 ..--................... LEGEND I. Gate event access 20 ft 2. Parking area 1.65 A 3. Event area .47 A 4. Vineyard .75 A 5. Teahouse 64 sq if (for grandchildren use) 6. Screen house 100 sq ft 7. Garden shed 150 sq ft 8. Residence 1344 sq ft 9. Residence Driveway 734 ft length 10. Screenine trees . • 364 c(-6 fvorwo- 11. Screening trees; Total Event Area 2.53 A Scale 1"---120' LEGEND DNR ilulLCIED WATERS — • • — • DWI PROTECTED WETLAND • - DNFI PROTECTED WATERCOURSE MUNICIPAL BOUNDARY PARS BOUNDARY CONTOUR LEGEND o FOOT INTERVAL CONTOUR 2 FOOT INTERVAL cONTOUR CZD DEPRESSION DASHED CONTOURS INDICATE QUESTIONABLE ACCURACY DUE TO GROUND VEGETATION SPOT ELEVATION NORTH SCALE: I Inc/1.120feet SECTION. IP-FIANCE PiDEX 17 7f 7 7 3E0302i 3103020 32=20 I— —I — 101D2B211C,•••3222T105029221 L _ _1 m/�ur/op LAKE ELMO City nfLake Elmo Planning Commission Meeting Minutes of February 22, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at COMMISSIONERS PRESENT: Haggard, Kreimer, Dunn, Larson, Griffin, Lundquist and Williams. COMMISSIONERS ABSENT: Fields @Dodson STAFF PRESENT: Planning Director VVensnnan Approve Agenda: The agenda was accepted as amended. Approve Minutes: January 11, 2016 M/S/P: Williams/Kreimer move to approve the January 11, 2016 minutes excluding the vote on the November 23, 2015 minutes, Vote: 7-0, motion carried unanimously. Public Hearing Interim Use Permit Application — Commercial Wedding Ceremony. Wensman started his presentation regarding the Palmquist Commercial Wedding Ceremony Venue. This request isfor a10year interim use permit onanagricultural propertym ntII20%SS StreetN. The applicant isrequesting wedding ceremonies adjacent tothe vineyard with turf parking. There would be3'4employees and upto ZOOguests. There would beuptu4events per week from May — October, with nomore than 3venues onany Saturday. Hours would belOann—l0pm. The noise ordinance would be complied with and there would be a traffic attendant during venues. There will be trash receptacles and temporary tents that comply with code. Access from the site would beoff nfS5mStreet. 55mstreet becomes agravel drive after Carriage Station. The engineer isconcerned about long term maintenance. There are a couple of options 1) there could be a maintenance agreement or 2) they could require a paved cu|'de'sacand assess the improvements. All activiteswill betaking place inan open field. There isnVstructure being used inthis case, however, there would need to Lake Elmo Planning Commission Minutes; 2-22-16 2 Williams asked about the tent. The ordinance states that ithas tobetaken down within 7Zhours ofthe event. Based onthe comment 0fthe Building Official, will they need a permit each time atent isput up. VVensnnanstated that yes they would. Dunn asked about the storm water management plan. VVcnsnnanstated that the City is requiring upgrades tuthe driveway for safety purposes. Williams asked ifthere |saturn around, VVensnnan stated that there is not a structure and it is not as difficult of an entry. Cano|Pa|nnquist, m 1ZJOZSS Street, isthe applicant and stated that she has maintained the gravel road. She /snot prepared topay the assessment for apaved road oracu|'de' sac. Kreinnerasked why she isasking for 10years for the |UP. Pa|nnquiststated that she is asking for 10 years as she has additional expense to get the business off the ground. Griffin asked about the field road. She iswondering how far itwill Cointo the property and how wide /t will be. Public Hearing opened at7:38pm. [hipLnngacnx �lZQS8S�� Street N,isdismayed that itisbeing made sodifficult for Ms. Pa/nnquisttomake alittle money from her property. The City has done apoor job of maintaining the gravel road in front of property. Carolyn Cary, 5201 Linden Ave, wants the City to understand how to abate the noise. There are anumber ofenvironmental issues that have animpact. Donna Sloan, 12208 Marquess Lane, she does not have a problem with this venue as long as it complies with the sound, traffic, and other issues. She would like to know what happens ifbdoes not comply. VVensnnan stated that if there is a problem, the [hvvvoud contact K45. Pa|rnquistto bring itinto compliance. |fthere isachronic problem, staff would document that and take appropriate steps to revoke the permit. There were no electronic or written comments. Public Hearing closed at7:49pm. Dunn does not think that the paved 7 ton road is necessary as her driveway is paved. She would like tosee condition #2removed. She binsupport ofthis application. Lal<e Eli -no Planning Commission Minutes; 2-22-16 Lundquist isconcerned about the road and the path. She thinks there should bea condition that rectifies the problem, She isconcerned that people coming tVthis venue will come upManning. Haggard wants tomake sure that the street issafe and maintained. Asfar osthe financial aspect, that isfor the Council todecide. She isinsupport nfthis application. She would like to see number include "responsible designee". Williams isconcerned about #6stating for 1Oyears. Hedoes not think the expenses mentioned relate tOthe length ofthe permit, Hewould like tnsee itba5years which would give the City the opportunity toreview the wedding venue. Williams thinks there needs to be a maintenance agreement, but what that is, is up to the City Council. Hewould also like toadd ocondition that the applicant submit a report regarding the noise levels. Williams would like to see condition #2 remain as the applicant does not intend to use her primary driveway for the venue. Lundquist stated that driving a fire truck or an emergency vehicle on a gravel driveway Vrfield, isnodifferent than driving onthem ntthe county fair grounds. Williams thinks that since this is a commercial application, we should stick tnthe commercial standards. Griffin thinks it makes more sense to use the homeowner driveway for emergency access and then use agate tothe venue. Wensman stated that he would be comfortable with the field road entrance at 18'wide and designed to a 7 ton standard and that the regular driveway be for emergency access and that the main driveway remain clear during all events. The Commission would like Chief Malmquist to look at the driveway prior tVthis going tothe City Council. Move to amend condition #2 to read that the access road be 18 feet wide and be to a 7 ton standard to accommodate emergency vehicles to the northe/n|yanea of the parking area urthat the private drive remain dear during the venue, Vote: 7-0, motion carried, Move toamend condition #6toread "The interim use isvalid for aperiod offive years and must be renewed by the City Council prior to the end of this time period in order to Lake Elmo Planning Commission Minutes; 2-22-16 4 Move kzadd condition number 11that would betoenter into nmaintenance agreement with the City regarding the maintenance of the road only through the term of the interim use, Vote: 7-0 motion carried, unanimously. Move to add condition number 12, to require an erosion control plan with any extension ofthe gravel entrance road, Vote: J-C\motion carried unanimously. Move to add a condition 13 that the applicant is required to submit the results of an instumented measurement of sound at the east and west property lines at the wedding ceremony site to demonstrate compliance with the City's noise ordinance, vnbrJ-0, motion carried unanimously. M/S/P: Williams/Griffin, move to recommend approval of the Interim Use Permit for a commercial wedding venue based on the finding of facts in the staff report and with the 13conditions ofapproval asdiscussed, Vote: 7-[lmotion carried unanimously. Public Hearing — Open Space Development — Legends of Lake Elmo VVensnnan started his presentation by showing the location of this development and presenting some ofthe background information from previous meetings. With the current plan, there are 40 lots and there are 5 outlots that are platted as ghost lots. These are held in reserve in case of ordinance change and will be held in reserve for future development, Staff isrecommending that the 5out|ntsbeplatted asone out|ot as we do not know what will happen in the future and they will need to be rep|atted anyway. A big discussion is the |ntercVnnectivhvofneighborhoods for safety. Currently Sanctuary only has one access, The future ofsigna|izationat5OmStreet and Manning is dependent onconnectivity ofneighborhoods. The County has made itclear that ifthe City does not have interconnected neighborhoods, they will not invest in signalization. There was a new plan for the development submitted today that is in reponse to negodoationswith the Heckers. Nothing has been finalized, asthose negotiations are ongoing. Those negotiations include agreeing toscreening tothe north ofthe Hecker property and access management nn50m Street for driveway access tothe Legends entrance. There isnopark shown onthis plan toconnect tothe Sanctuary Park asthe slopes are high. There are Sstandards for open space inthis type ofdevelopment. There should be conservation easements, contiguous parcels not less than 10 acres /60y6 must meet this standard), maintained for the purposes for which it is set aside, maintained bythe H(]Aand contiguous with adjacent open space. Buffering i»still an issue tothe Hecker parcel, The road and 3parcels violate this setback. This isnot fully resolved with the Heckers. This can bewaived by4/5vote of the Council. Lake Elmo Planning Commission Minutes; 2-22'16 Parks is recommending to construct a trail to the Sanctuary Park and the rest of the dedication will becash inlieu ofpark dedication. The City Engineer isrecommending 5[t» street right ofway and atrail. The deviations from the OP Ordinance for this plan are that the homes are on the least fertile soils, Lots 4, 32 and 37 and entrance road are within the buffer area, The deviations require a4/5vote. Phase |isgoing tostart tothe North, Staff is recommending a condition that construction traffic access the site off of ' Haggard asked ifthe ghost lots were factored infor the open space, VV2nsrnanstated that they were not. Haggard asked about the trail maintenance. VVensrnanstated that itisinthe public right ofway and would bethe Cit«'sresponsibility. Todd Erickson, representing Landucci Homes, talked about the trail system and the connection to the Sanctuary Park. They are concerned about connecting the Legends road tothe Wedding venue driveway. Erickson stated that they are close toan agreement with the Heckers. Hediscussed some nfthe issues with the individual septic Public Hearing opened et9:3lpm. Carolyn Cary, S7O1Linden Ave, the roads inSanctuary are narrow. They are curvy and have many bUnd3pots. There are alot ofpedestrians and kids and others riding bikes, etc. inthe street. The trail system inSanctuary isshared with Carriage Station and will beshared with Legends, Any additional traffic will affect this trail system. She would like tosee atrail connection and cu|-de'sacrather than aconnected road. Michelle [hickett,S711Linden Ave, she agrees with previous speaker. She would like to refer tothe ordinance that talks about the distinct neighborhoods, She thinks a[u|-de' sac is a good compromise. She presented MNdot data regarding the intersection at Manning. Pamela Chickett,57l1Linden Ave, she agrees with the previous speakers. She would like their neighborhood tobedi»tinctandsepanate. She thinks there ismore ofasafety concern by making that a through street because it places the children in the neighborhood atrisk. Todd Ninmrno,11679S8thStreet, hebopposed kaLinden Ave going through. He believes that the dangers of running this road through far outweigh the benefits. Danny Hecker, 1l6S8SQmStreet, they are heavily impacted onIsides bvthis development. They are not okwith the buffer setbacks being violated, but they have had some good conversations with Nate regarding options. They would prefer tokeep their driveway, but that may not beanoption. Lake 8}rno Planning Commission Minutes; 2'22'16 6 Jessica Erickson, S76OLily Ave, she isopposed tothe connection ofLinden Ave for safety reasons. Their neighborhood is safe and peaceful, but increasing the traffic will change the feel ofthe development. Mark Cotton, 11797 56 th Street, agrees with previous comments, Ben 8ackberg,5G93Linden Ave, his lot isthe closest lot that would beimpacted by Linden going through. The research from MNdotisthat the Manning intersection isone nfthe worst inthe state. Lake Elmo only owns aportion ofthe road and Stillwater Township owns the rest. Charles Cadenhear, 12190 Marquess Lane, he is a civil engineer and believes that MNdotwill berequired toprovide access during construction times. Hedoes not feel there isaneed for aconnection for those Zdevelopments. There were I4written comments received via email today. |neffect, they are the same comments previously heard. VVensrnanread the names into the record and they will be attached tothe minutes. Public Hearing Closed at10:1Opm. Williams does not think it is clear in the staff report what the findings are. He would like to propose some findings as follows: 1\that the concept plan isconsistent with the Comprehensive plan 2) Concept plan provides acceptable compromise of lot location and design 3) plan meets the density and open space requirements of the open space standards 4) the plan requires relaxation of the OP development standards in the following areas o> buffer encroachment of lots 32, 37 & 38 in the plan dated February 22, 2016 b) buffer encroachment of the entrance road by the Hecker property. Larson wanted toknow ifthe [u|-dc- acvvou!dinnpactthenurnberof|otsinthe development. Landuccistated that at the last Planning Commission, they were directed to provide the connection, The could rework the Cu|'de'5acand itwould not affect their lots. They are willing tngoeither way. Williams is not comfortable with the idea of a Cul-de-Sac being this long. The City code does not allow ittobelonger than 6OOfeet. Hefeels that itisnot uncommon for there tobeincreased traffic when developments happen around them. There was apaved road planned tobeconnected when Sanctuary went \nand hefeels itshould go through. Haggard istorn inregards tothe road going through. She believes ifthere isa connection, the roads inSanctuary need tobemaintained better. She asked about the Lal<e Elmo Planning Commission Minutes; 2-22-16 7 [u|'dc'sacand if the City Engineer had comments about that. VVensnnanstated that they are not infavor asthey are harder tomaintain and snow plow. Lundquist asked about around about toslow traffic. Erickson stated that round aboutx are typically used at a 4vvay intersection, but they could look into that. Larson stated that there a number ofoptions to use to dovv traffic like treads and bump outs, Williams is suggesting an additional condition to read "to file an agreement with the City, between the developer and the Hecker family for a driveway from the new road and the buffer encroachnncnts". Williams isalso concerned about the configuration ofthe open space. There are alot of long thin oudotsthat he does not feel meets the spirit of the ordinance. Haggard had the same concern and adding the ghost lots, will take some of the open feeling away. Kreinner in ok with it as shown as these are larger lots which makes it harder to accommodate the open space. There is concern about the driveway for lot 40 from an access management standpoint. The Heckers are being required to remove their driveway and this lot might be creating the same sort ofsituation. M/S/P: Williams/Haggard recommend approval of the Legends concept plan dated 1/25/16,based onthe findings offact as earlier discussed, and with the conditions as listed in the staff report, with the additional one regarding the agreement with the Heckers,Vote 6-1Lmotion carried. Dunn voted noasthere are many developments with only one exit and entrance such as the Forest, Tana Ridge and Fields ofSt. Croix. M/S/P: Williams/Lundquist, move to amend the motion to include the trail shown in the northwest corner on the concept plan dated 2/22/16 as part of the concept plan, Vote 7-0, motion carried unanimously. Business item - Final Plat —Savona 4th Wensman started his presentation regarding Savona 411 which is the final phase of the Lennardeve|opnnent. This phase isfor 78single family lots over ZU.4acres. This phase will complete 5* street from Keats toBoulder Ponds. This phase isLDR. The issues to discuss are setbacks, lot fit, landscaping and agreements. The setback issue is that LDR setback i5principal building 10feet and garage 5feet, |[ there isliving space behind the garage, what doyou do? Preliminary Plat report talks about averaging. How should vve move forward? Lot fit isthat they lost some lots due topnndin8and other issues and they are adding back 2lots inthis phase. They seem tnstill meet the requirements and staff feels itisacceptable. They would like tnuse the boulders from their development Lake Eli -no Planning Commission Minutes; 2-22-16 8 for landscaping, The City engineer wants toreview toensure there isnoproblem getting tostorm ponds. There are onumber of agreements that need toberesolved. Paul Tabone,Lennar,explained the phasing ofthe trail. Hespoke about the lot fit and the setback issue. Lennarwould like tocontinue with the setbacks that they used in111 m Z� and3 addition in4maddition. Hetouched onadding 2lots which conforms tothe Preliminary Plat. They are working onfinalizing the landscape plan. Tabonestated that they are meeting with staff next week todiscuss the agreements, Heexplained some of the issues they are trying towork through. Kreinnerisconcerned about the street names. They are not inagood sequence. It was inthe Fire Chiefs comments. Hewould like the street names tobereviewed. Williams would like 2minor changes tothe draft findings. [)nthe 4 m bullet point, he would like to add after requested by the City Landscape Architect the words "letter dated2/lO/16." Onthe last bullet after requested hythe City Engineer the words "letter dated 7/l5/16." M/S/P: Williams/Larson, move to recommend approval of the Final Plat for Savona Wh addition with draft findings and conditions of approval included instaff report and as amended, Vmte6'C\ motion carried unanimously. (Haggard left meeting early). K4/S/F:VViUiarns/Laonn, move that the Planning Commission endorse using aerially spaced boulders in erosion control structures pursuant to the landscape architect approval, Vote 1-5, motion fails. M/S/P: Kreimer/Dunn, move that the Planning Commission endorse using boulders in erosion control structures pursuant to the landscape architect approval, hbhc6'0, motion carried unanimously. M/S/P: Williams/Kreimer, move that the Planning Commission endorse the 7.5 foot average setback for Savona 4 t addition and that in no case should living space be closer than 7.5 feet and also that the code be changed to increase the lot width and change the setbacks for future developments, Vote 6-0, motion carried unanimously. Commission discussed increasing lot size and lot width from 65-70 and being strict with setbacks to1Ofeet, Council Updates — February l6,2O16Meeting 1. Commercial Wedding Ceremony Ordinance —Passed. Z. Commercial VVedin8|UP—Passed. 3. ZTASenior Living —Passed, 4. Arbor Glen — Rezoning 0'Conditional Use Permit —Passed. u 5. AppointnnentofKristina Lundquist as 2n Alternate. Lake Elmo Planning Commission Minutes; 2-22-16 9 Staff Updates 1. Upcoming Meetings a. March l4,2Ul6 b. March Z8,2OlG [bmnmissionConcems * Lundquist i»concerned about people dhvingonthe vva|kingpath on55 street. She would like to either see the road opened back up or to see it clearly marked as a trail. Dunn wants us to stay on top the transportation issues so that people have safe access to highway 5 and highway 36. Meeting adjourned at1Z:27pnn Respectfully submitted, ]oanZiedLnnan LAe Elmo Planning Commission Minutes; 2-22-16 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED 13Y: East Village Park Clark Schroeder Mike Bouthilet Kristina Handt MAYOR AND COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION 4/5/16 11 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 SUMMARY AND ACTION REOUESTED: 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. 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 (dale reMaining 5.85 acres ofpark land or a cash payment in lieu of land dedication consistent with the Lake Elmo Subdtvision Ordinance. In addition the agreement states this; The Citv and Developer agree to prepare a plc!u/or improvements to the Outlot D park area by December 15, 2015 with installation of said iMprOVelnentS to be completed bv June 30, 2016. Outiot D is city land and is a city park. 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 are completed, 2/3 after 144 homes and 100% after all the homes are built. The Parks Commission at their March 21 meeting recommended that the City Council approve a budget of around $35,000 in total for phase one. Their intention is that the amenities, grading, rubber mulch, curbing, paths/walks, and installation all cost around $35,000. This smaller plan would contain fewer amenities than the plan presented by staff and require plastic curbing in -order to add additional amenities and more pad space in the future. Staff presented a plan to the Parks Commission that has a cost of $40,000, plus installation, rubber mulch, curbing, grading, bringing the total to around $75,000. In order to help control costs for the larger installation/pad, Easton Village is willing to grade the site and install concrete curbing at cost while crews are onsite installing other curbing. In addition, the Developer will curve the sidewalk so as to bring it next to the pad and eliminating the need for the city to install a path from the sidewalk to the park amenities in our park. This would allow for a larger pad and limit future staff time to bid, source, install additional amenities in the near future. According to East Village as of 3/26/16, 27 lots are sold. In either case it is the recommendation that we have the contractor install the amenities in order to focus Public Works staff on other matters. The cost plastic timbers are $1845/$1640 for the large/small pad. The cost for Easton Village to install concrete curbing around the pad is estimated to be around $2970/$2640. Staff recommend that we have Easton Village install concrete curbing on with the large plan or plastic timber on the smaller plan in order to expand it in the future. RECOMMENDATION: The opinion of the Interim City Administrator and the Public Works Director is that since the city council said they would put in amenities by June 301h 2016 in the developers ag-reement, we should put in the first phase of our park amenities this summer before 72 homes are completed. In addition, we recommend that we install the larger amenities plan in order to save staff time to bid out, monitor installation, and configure additional pad/amenities for our city park. Recommendation "Move to direct staff to coordinate with Easton Village to grade park pad, install concrete curbing while East Village has crews on - site, purchase proposed large park amenities and have amenities installed this summer." ATTACHMENT: Small pad/amenities plan Large pad/amenities plan Easton Village Outlot D map �1�e61�iudl V�uVudVYrWYaIWYWY"�UuiWWWYiYWY�1iVY1YiWWiWWYWVIW�YiVYwV'aWVWWIUWWWWIYNVIfVWu61W'IWIIWWYWVYIIWYuaWYWWII�WYWW'iW�WVWdddiYlYIWiI�WWYayyyYWWWVUVYUIYW'WJIWWVWYUYWBWIYWW�WIL4WIWYVuiW'11YYVrVYYIhWbWIViWVWW�WWWWYVVWWII�YYuWWWWIIVWVWVIWWVPYYWIWiYVWVWIiulillylVYViyYiYWY'VnPa�IYUVYJi1WWWiWIYWYW�I{YWIYWW'Y�dYWWIVY}WWYIW'WVI�4iVYUYV6IV'uYYIIYYVYIW�hY�V�diWWYI�WYWVyY�V�WVWV' - To,- RECREATION CbyofLekeBmo 38OOLaverne Ave, N, Lake Elmo, &1N55D42 Attn: Mike Bouthilet 011P,6—���� Ti n� �� 9 March 31 2016 Contact: K1)ke8uuthUeg Phone: 651'747'3941 Project: Easton Village Development Fax: EmaiL New Playground We are pleased to provide the following quotation on items supplied by Little Tikes Commercial Play Systems Little Tikes Custom Kid BuUderPlayatmctue, Includes: NRGPlayntructureand Giants Causeway Balance Pods, Unit Price Extension $40,784.00 45 Little Tikes Black t/Kid Timbers 12''high with stakes, $1`845�00 1 Product byOthers includes: (4.885oqJt)RubbedRecycePhsyoaferRubber Mulch, (5)Rubber Recycle Swing Mats Independent Play Components Installation of above. $9,478,00 * Above based on Manufacturer's Standard Warranty Sub Total $69.897{0 Freight Included Tax 6.875% Not Included Total $69.997,00 IMPORTANT INFORMATION: ° Quotation isvalid for3ODays * Freight based on shipment to Lake Elmo, MN ^ Shipment can currently bemade (n3'4Weeks upon order entry v Temnu�3ODays Net Invoice, * Pricing based on above quantities - any changes may require a revised quotation, ^ Orders will beplaced upon receipt ofePurchase Order oryour signed acceptance oythis quotation. , Make Purchase Orders toP|ayPovve,LT Farmington -p�O.Box 2u«r1x-Dallas, Txrsozn-«710 Thank You! Northland Recreation, LLC ACCEPTED BY: Project Manager DATE: phonw��4i),"n ! Pa m�bS",ou i Emax kr) N9RTALAN 11111M RECREATION tt COIVIA11111C1/11.. Playgrounds Fun & Eny! Little Tikes Commercial and Northland Recreation, LLC. greatly appreciates your consideration of our proposal. If it is your desire to purchase any or all of the items listed in this proposal, we kindly ask that you sign your acceptance on both pages of this quotation and complete the following information to insure timely and accurate order entry. Bill to address: (if different from quote) Ship to address: (if different from quote) Delivery Contact: Phone Number(s): Desired Delivery Date: * Please Note: Many factors are involved in the manufacturer's actual ship dates. We will make every attempt to accommodate your preferred date, Purchase Order # (if applicable): * Please Note: Purchase orders to be made out to PlayPower LT Farmington, Inc. Is this project exempt from sales tax? * If YES, please include a completed Certificate of Exemption Color Selections (if applicable): Additional Comments: Terms; o 1 We understand that all accounts are payable to PlayPower LT Farmington Inc. according to the terms shown on each invoice, and if not paid on or before said date, are then delinquent. I / We agree to pay any and all service charges added each month to past due invoices, Terms are Net 30 days upon delivery with approved credit. Unless notified in writing to the contrary, all charges are due and payable in full at: PlayPower LT Farmington, Inc. — P.O. Box 204713 — Dallas, TX 75320-4713 0 Credit approval may be required to complete this order. O Additional charges may apply for applicable sales tax, extra unloading time, incorrect delivery addresses, and/or cancellation of delivery without 24 hours prior notice. O The Terms and Conditions of this signed quotation shall prevail over any inconsistent terms and conditions of a purchase order, contract and / or confirmation related to this project. ACCEPTED BY: DATE: phonv, 5,5;1 615,54:J95 555 355555,35 .1 5555.:;!5;5'552.15.ir',,5:15,55,55555 i5.5dgewater P,E5 "52,5555,25u5) 5.1N 55520 1 Offices 55 V55.555Evory. 5,55 5 '2:5,5:1 4,155, v55 This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington ("PPLT"). To submit this offer, please sign below and forward a complete signed copy of this Quote to Northland Recreation, LLC. or directly to PPLT Sales Administrator (fax: 573-760-7454 or outtloordes@Itcps.corn). Upon acceptance, PPLT will return a fully -signed copy of the Quote to Customer via fax or emaiL THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT 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 PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via authorized carrier designated by PPLT, Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PlayPower LT Farmington, Inc. P.O. Box 204713 — Dallas, TX 75320-4713, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted by Printed Name & Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PPLT. Submitted by ADDITIONAL TERMS & CONDITIONS OF SALE: Printed Name & Title Date 1: Use & Maintenance: Customer agrees to regularly inspect and maintain Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2: Default, Remedies & Delinquency Charges: Customers 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, PPLT 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 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 PPLT of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attomeys' fees plus any cost of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT 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 PPLT within ten (10) days after the date on which due. 3: Limitation of Warranty / Indemnity: PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDADRD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, PPLT 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 PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF A 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 PPLT'S INSTALLATION AND OWNERS'S MANUAL 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 PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all Customer's obligations hereunder. Customer agrees that PPLT 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 PPLT shalt 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; PPLT Retains full title to all Equipment until full payment is received by PPLT. 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 nol 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: lnvaliditv PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, 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 PPLT. 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 PPLT 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; Btndino 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 PPLT 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. 1 6I I I ilJll l IYUI � ' " ,4� � YYW�IYWIYWWWIYWYW4YWW14iY ' Y'U' YWY11�V IUIWW�WVYYI� 1 � IiWViiVailiiiiilik iiiiiYYYSWY4IJWIYYYYUdVB4WYIIY41111101iiWUVYYU4YVIUYW1466 6614Ww11YuFWVJ`WU40Uw4 614IU II 1,111 fI16NIUUi I111V1Wf1,IIII' iYVV41411UIV1U611d01IU6VIuJIlniwdp4dVVi'JdIIIWdIIIhNiVll!V6VIIidJIVdlulYduhVVhlluN6d wiYUVVIdVIVbdUiVlludblhlYllhYNWW9�Y'YYIYIPYWY utl utlmlwOaliYlddu IImIrIh Illllol IhII�VIIIIYIIIIVV'I ' F iju ‘At 1- lir IN! " '4'1E1 !!!.12DDEI, V 4 -----ppnuv - DI:!!:!LE LIAM RUREATIO City ofLake Elmo 3@OULaverne Ave. N. Lake Elmo, MN 55042 Attn.- Mike Bouthilet ° Playgrounds Fun & EaU! �7��l� '--. Contact, Mike Bouthilet Phone: 651'747-3841 Project: Easton Village Development Fax: Email: New Playground We are pleased to provide the following quotation on items supplied by Little Tikes Commercial Play Systems Qtv. Item Description Unit Price Extension 40 1 Little Tikes Custom Kid Builder Playntructuna. $15.093,00 See Design Little Tikes Black 6' Kid Timbers 12" high with stakes. $1,640.00 Product byOthers includes: (3.215 oq.ftjRubbe,RecynhaP|syaof rRubberK0u|ch. (4)Rubber Recycle Swing Mats Independent Play Components Installation of above structure $6,123,00 * Above based on Manufacturer's Standard Warranty Sub Total $35.246.00 Freight Included Tax 6.875& Not Included Total $35246,00 IMPORTANT INFORMATION: + Quotation isvalid for: 3ODays # Freight based on shipment to Lake Elmo, MN ^ Shipment can currently bemade in3'4Weeks upon order entry * Terms: 3ODays Net Invoice, ^ Pricing based on above quantities - any changes may require a revised quotation. ° Orders will be placed upon receipt of a Purchase Order or your signed acceptance of this quotation. ^ Make Purchase Orders toP|ayPovverLTFarmington -P.O, box 204713-Dallas, TXr53uo'*r1J Thank You! Northland Recreation, LLC Project Manager ACCEPTED BY: CONINIERCIAL Playgrounds Fun & Easy! Little Tikes Commercial and Northland Recreation, LLC. greatly appreciates your consideration of our proposal. If it is your desire to purchase any or all of the items listed in this proposal, we kindly ask that you sign your acceptance on both pages of this quotation and complete the following information to insure timely and accurate order entry. Bill to address: (if different from quote) Ship to address: (if different from quote) Delivery Contact: Phone Number(s): Desired Delivery Date: *Please Note: Many factors are involved in the manufacturer's actual ship dates. We will make every attempt to accommodate your preferred date. Purchase Order # (if applicable): * Please Note: Purchase orders to be made out to PlayPower LT Farmington, Inc. Is this project exempt from sales tax? * If YES, please include a completed Certificate of Exemption Color Selections (if applicable): Additional Comments: Terms: o / We understand that all accounts are payable to PlayPower LT Farmington Inc. according to the terms shown on each invoice, and if not paid on or before said date, are then delinquent. I / We agree to pay any and all service charges added each month to past due invoices. Terms are Net 30 days upon delivery with approved credit. 0 Unless notified in writing to the contrary, all charges are due and payable in full at: PlayPower LT Farmington, Inc. — P,O. Box 204713 — Dallas, TX 75320-4713 O Credit approval may be required to complete this order. 0 Additional charges may apply for applicable sales tax, extra unloading time, incorrect delivery addresses, and/or cancellation of delivery without 24 hours prior notice. The Terms and Conditions of this signed quotation shall prevail over any inconsistent terms and conditions of a purchase order, contract and / or confirmation related to this project. ACCEPTED BY: DATE: POone t Fax 4'14 Email ;cloa5ni 2f Vfoodbury, This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington CPPLT"), To submit this offer, please sign below and forward a complete signed copy of this Quote to Northland Recreation, LLC. or directly to PPLT Sales Administrator (fax: 573.760-7454 or outdoordes@Itcps.com). Upon acceptance, PPLT will return a fully -signed copy of the Quote to Customer via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT 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 PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via authorized carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PlayPower LT Farmington, Inc. P.O. Box 204713 — Dallas, TX 75320-4713, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices, Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted by Printed Name & Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PPLT. Submitted by ADDITIONAL TERMS & CONDITIONS OF SALE: Printed Name & Title Date 1: Use & Maintenance: Customer agrees to regularly inspect and maintain Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with PPLT's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2: Default, Remedies & Delinouencv 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, PPLT 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 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 PPLT of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneysfees plus any cost of collection incurred by PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT as liquidated damages, and not as a penalty, an amount equal to 1.5°/0 per month of any payment that is delinquent in such month and is not received by PPLT within ten (10) days after the date on which due. 3: Limitation of Warranty / Indemnity: PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDADRD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, PPLT 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 PPLT HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF A 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 PPLT'S INSTALLATION AND OWNERS'S MANUAL 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 PPLT, and PPLT hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all Customer's obligations hereunder. Customer agrees that PPLT 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 PPLT 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: PPLT Retains full title to all Equipment until full payment is received by PPLT. 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: PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, 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 PPLT. 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 PPLT 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: Bindina 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 PPLT 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. a, 4 INSET A OUTLOT F 1;4,1 FO.IVI s-dion NE1/4 17 „FA OUTLOID LANE 01171,0-777 1 1 11 1521 , 77-: i rk , 7,- 7 1 -17 i i .,. 77 2 12 13 14 . >,-, - - 1 „ 7, , .5 „ 7 -5 --I 1 X 1 ! 0 ' 11 .,, \ '';4 1VD — - ST I cr -[ 0.. „Itsal) STREET NORTH :11:1771 F 32 4 A ! 7 : (9 1 ! _ ..........- ! y - I . 5 .77! , OLFILOT B DETAIL jr 17 16 15 7j 13 12 7 =3 t, 7, Otri4,47,4 A I. CITY (,)r KE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AY0 C•U CILCO U ICATIO DATE: REGULAR ITEM # April 5, 2016 2016 Street, Drainage and Utility Improvements —Accept Bids and Award Contract Chacl Isakson, Project Engineer Kristina Handt, City Achninistrator Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED 0140ER OF BUSINESS: - Introduction of Item - Report/Presentation - Questions from Council to Sia - Public input ti t` appropriate) - Cull for .Motion .... - Action on Metion ity Engineer _City Engineer Mayor Facilitates .Mayor Facilitates . ....... ........ Mayor & City Council .... ..... Mayor City Council ....... ........... ....... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: S1,189,610.33. 12 Approval of this resolution commits the council to enter into a construction contract for the project with a construction contract amount of $1,189,610.33. The improvement will be funded through a combination of special assessments and through the issuance of general obligation bonds with bond payments being made from a combination of the general tax levy and Water Fund. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider accepting contractor bids as presented and award a contract for the 2016 Street, Drainage and Utility improvements. City Council Meeting [Reg,liar Agenda Item 12] April 5, 2016 LEGISLATIVE H1STORY/BACKGROUND INFORMATION: Bids were received, publicly opened, and read aloud on Thursday, March 17, 2016. The City's design consultant has prepared and attached a Tabulation of Bids and a letter of recommendation for the award of the contract. The City received 4 bids for this project, with Hardrives, Inc. providing both the lowest base bid and the lowest Alternate No. 1 bid fora total bid amount of S1,1.89,610.33. Contractor references for Hardrives, 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, Hardrives, Inc. as outlined in the attached letter. The City Council approved the Plans and Specifications for the 2016 Street, Drainage, and Utility Improvements on February 16, 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: • Reconstruction of Kirkwood Avenue North from 50th Street to the north cul-de-sac. The improvement includes a new bituminous surface along an existing gravel roadway. In 2011 the property owners petitioned the City to be scheduled within the Street CIP for a new paved roadway. • Reconstruction of Kelvin Avenue North from Old TH 5 (CSAH 14) to the north cul-de-sac. The improvements include conversion of a portion of a private drive serving 8 residential properties to a public street. The converted street would become an extension of Kelvin Avenue North. Easement acquisition is required to accommodate improvements as recommended. • Resurfacing the streets through a street reclaim within the Stonegate 1st Addition, including 9th Street North, Jasmine Avenue Place North, and Jasmine Avenue North from lOth Street to Julep Avenue North. • Extension of 8-inch and 12-inch diameter lateral and trunk watermain along Kelvin Avenue North with service stubs to existing properties. The Engineer's feasibility total project cost estimate for the neighborhood projects described above was $1,360,000. if awarded, the total project cost remains within the project budget, In addition, staff has obtained all the necessary right-of-way and easements required to implement the improvements as recommended. Easements and right-of-way were provided by each property owner at no cost. Alternate No. 1 Bid: As part of the City's annual street maintenance program, two mill and overlay projects were added the budget to be completed in 2016. This work was added to the 2016 Street, Drainage and Utility Improvement project in order to promote competitive pricing for the work. The contractor's bid for this work was received as Alternate No. 1. The low price of $96,039.54 by Hardrives, Inc. was well below the construction budget of S113,000 due to the favorable bid price for bituminous pavement. The mill and overlay work will be funded by the Street Maintenance Fund. The overlay improvements include: • Highlands Trials North from Hilltop Avenue North to Demontreville Trail North. • Jamley Avenue North from 31 st Street North to 28th Street North. -- page 2 -- City Council Meeting !Regular Agenda Item 12J April 5, 2016 RECOMMENDATION.: Staff is recommending that the City Council approve Resolution No. 2016-21, thereby accepting bids and awarding a contract to Hardrives, Inc., in the amount of $1,189,610.33, for the 2016 Street, Drainage and Utility hnprovements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-21, Accepting Bids and Awarding a Contract to Hardrives„ Inc., for the Base Bid plus Alternate No. 1 in the amount of $.1,189,610.33 fOr the 2016 Street, Drainage and Utility Improvements." ATTACIIMENT(S): 1. Resolution 2016-21 Accepting Bids and Awarding a Contract. 2. Engineer's Letter of -Award Recommendation and Tabulation of Bids. 3. Project Schedule. -- page 3 -- 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-21 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the 2016 Street, Drainage and Utility 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 submittal 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, Hardrives, Inc., for the Base Bid plus Alternate No. 1 in the amount of $1,189,61.0.33. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1 That the Mayor and City Clerk and hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor's lowest responsible Base 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 FIFTH DAY OF APRIL 2016. CITY OF LAKE ELNIO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-21 Building a8«nawoou for Moo/u`^ March 23.201O Mr. Jack Griffin, PE City Engineer City ofLake Elmo 38OOLaverne Ave, N. Lake Elmo, K4N 55042 Dear Mr. Griffin: RE: Lake Elmo, Minnesota 2U1OStreet, Drainage, and Utility Improvements City Project No. 2O15.128 SEHNo. LAKWD1348A4 14.00 On Thursday, March 17, 2016, at 2:00 p.m., four (4) bids were received for the above -referenced project. A summary is shown below in order of Base Bid and Base Bid plus Bid Alternate 1. A detailed bid tabulation has been previously submitted hothe City for your information. Contractor Base Bid Alt Total Bid 1 Hordhvux|nc. $1.093.570.79 $96.039.54 $1.189.010�33 2 T.A`Sohifsky&Sons, Inc. $1.180.379A5 $107.377.54 $1.287.758,99 ~~ 3 A+1 Excavating, Inc, $1.212.464�50 $109.202.50 $1.321.687.00 4 Park Construction $1.270'19570 $106.721�00 $1.376.81&70 ~*Drvomx//a Based on the Base Bid and Base Bid plus Bid Alternate 1, the low bid received was submitted by Hardrives Inc., of Rogers, MN in the amount of $1,189,61033. Hardrives Inc. has completed similar work in surrounding communities in the past, SEHengineers can conclude that Hardrives Inc. has the experience and ability to complete a project of this size and scope. Accordingly, we recommend the project be awarded to Hardrives Inc, in the amount of $1'189.610�33. based on their Base Bid plus Bid A/Vanno0e 1. Please contact me if you need any additional information or wish to discuss further. | can bareached et 551,480,2O55.orvia email etehoupt@oahino.00m, Sincerely, Scott Haupt, PE Project Manager ah swmw^~*,34em=w=.Asg*u.^ding do"rnenu*ecaward /r2mo3zzdocx Engineers | Architects | planners | ooieomu Short Elliott Hendrickson /wc'xs35vaunv/nCenter Drive, St. Paul, mw55,m-5ea ss*amnmemployee-owned | seunv.mm 1 651,490z000 1 mWoracn:a 1 888.908,8166wx SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Shaded area denotes corrected figure Item No. Item IPART 1: KIRKWOOD AVENUE NORTH 1 MOBILIZATION 2 TRAFFIC CONTROL I 3 SILT FENCE 4 BIOROLL DITCH CHECK 5 SALVAGE MAILBOX 6 SALVAGE SIGN 7 SAWCUT BITUMINOUS PAVEMENT 8 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS) 9 COMMON EXCAVATION (EV) (P) 10 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV) 11 SUBGRADE PREPARATION 12 SELECT GRANULAR BORROW (STREETS) (CV) (P) 13 SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV) 14 CLASS 6 AGGREGATE BASE (CV) (P) 15 PATCH GRAVEL DRIVEWAY 16 AGGREGATE SHOULDERING 17 TYPE SP 9.5 BITUMINOUS VVEARING COURSE MIXTURE (2,B) 18 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B) 19 BITUMINOUS MATERIAL FOR TACK COAT 20 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY) 21 SAW & SEAL STREET (40' INTERVALS) 22 STREET SWEEPING 23 TEMPORARY ROCK CONSTRUCTION ENTRANCE 24 CLEAN CULVERT 25 4" PVC PERF EDGE DRAIN W1 BACKFILL & WRAP 26 DRAINTILE CLEANOUT 27 PRECAST CONCRETE HEADWALL (DRAIN TILE) Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374 $1,189,610.33 Est. Unit Quantity Unit Price T.A, Schifsky & Sons, Inc. 2370 Highway 36 E North St. Paul, MN 55109 $1,287.756,99 Total Price Unit Price Total Price LS 1 $9,000,00 $9,000,00 $12,000.00 LS 1 1,284.36 1,284,36 10,000.00 LF 4,428 1,00 4,428.00 1,00 EA 20 64,22 1,284,40 80.00 EA 11 26.76 294.36 26.25 EA 3 16.05 48.15 15.75 LF 97 3.48 337.56 4.00 SY 29 3.24 93.96 10,00 612,000.00 10,000.00 4,428,00 1,600.00 288.75 47.25 368.00 290.00 A-1 Excavating, Inc. 408 26th Ave. Bloomer, WI 54724 $1,321,667,00 Unit Price $14,500.00 2,200.00 2.00 20.00 50,00 50.00 3.00 10.00 Total Price $14,500.00 2,200.00 8,856.00 400.00 550.00 150,00 291.00 290.00 CY 2,854 13.73 39,185.42 12.00 34,248,00 10.00 28,540.00 CY 400 7,57 3,028.00 12.00 4,800.00 10.00 4,000.00 RS 19 54.06 1,027.14 225.00 4,275.00 CY 2,035 14.60 29,711.00 10.00 20,350.00 CY 400 14.60 5,840.00 10.00 4,000.00 200.00 19.00 19.00 3,800.00 38,665.00 7,600.00 CY I 655 27,03 17,704,65 24.00 15,720,00 32.00 20.960,00 TN 53 19,46 1,031.38 20,00 1,060,00 22.00 1,166.00 TN 1641 22.49 3,688.36 20.00 3,280.00 22.00 3,608.00 TN 511 52.65 26,904,15 51,85 26,495.35 54,75 27,977.25 TN 680 47,40 32.232,00 48,79 33,177.20 49.50 33,660,00 GAL 301 1.96 589,96 2.00 602.00 2.50 752,50 SY 29 15.00 435.00 45.00 1,305,00 65.50 1,899.50 LF 1,265 2.48 3,137,20 2,44 3,086,60 HR 15 0,01 0.15 110,00 1,650,00 EA 11 540.55 540,55 500,00 500.00 EA 51 324.33 1,621.66 728.00 3,640,00 LF 1,02 I 7.57 7,759.25 18.00 18,450.00 EA 101 216.22 2,162.20 225.00 I 2,250.00 EA 1 61 216.22 1,297,32 200.00- 1,200,00 2,50 140.00 500.00 400.00 9.50 350.00 400.00 3,162,50 2,100,00 500.00 2,000.00 9,737.50 3,500.00 2,400.00 Short Elliott Hendrickson Inc. Page 1 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Sr3ded area derloes corrected figure Item No. Item 28 DITCH GRADING 29 IMPORT AND PLACE TOPSOIL (LV) 30 SEEDING, FERTILIZER AND WOOD FIBER BLANKET 31 INSTALL SALVAGED MAILBOX 32 INSTALL SALVAGED SIGN 1PART 2: KELVIN AVENUE NORTH - STREETS 33 MOBILIZATION 34 TRAFFIC CONTROL 35 SILT FENCE 36 BIOROLL DITCH CHECK 37 CLEARING 38 GRUBBING 39 SALVAGE MAILBOX 40 SALVAGE SIGN 41 SALVAGE WOODEN FENCE 42 SALVAGE BRICK PAVERS 43 SAWCUT BITUMINOUS PAVEMENT 44 SAWCUT CONCRETE PAVEMENT 45 46 47 48 49 50 51 52 53 REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTER REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS) REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS) COMMON EXCAVATION (EV) (P) SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV) SUBGRADE PREPARATION SELECT GRANULAR BORROW (STREETS) (CV) (P) SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV) Short Elliott Hendrickson Inc. EA EA Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374 $1,189,610.33 Schifsky & Sons, Inc. 2370 Highway 36 E North St. Paul, MN 55109 $1.287,756.99 A-1 Excavating, Inc. 408 26th Ave. Bloomer, WI 54724 $1,321,667.00 Est. Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price LF 196 5.41 1,060.36 10.00 1,960.00 10.00 CY 543 15.00 8,145.00 10.50 5,701.50 25.00 SY 3,163 1.55 4,902.65 I 2.05 6,484,15 5.00 EA 11 42.81 470.91 - 42.00 462.00 100.00 EA 3 32.11 96,33 36.75 110.25 100.00 $209,341.42 $223,849.05 LS S 1 9,000.00 1 1,284.36 F 4,775 1.00 7 64,22 3 324.33 EA 3 259.47 EA 18 26.76 10 16.05 F 30 12.97 124 2.16 EA SF LF LF 305 1.84 97 2.32 LE 480 3.24 SY 5,224 1.62 SY 230 2.16 SY 47 5,41 CY 3,074 CY 375 RS CY CY 13.73 7.57 9,000.00 1,284.36 4,775.00 449.54 972,99 I 778.41 481.68 160.50 389.10 267.84 561,20 225.04 1,555.20 8,462,88 496.80 254.27 42,206.02 2,838.75 19 54.06 1,027.14 1,962 14.87 29,174.94 375 14.87 5,576,25 22,000.00 11,000.00 1.00 80.00 250.00 100.00 26,25 15.75 26.25 5.00 3.00 3.00 4.00 22,000.00 11,000.00 4,775.00 560.00 750.00 300.00 472.50 157,50 787.50 620.00 915.00 291.00 1,920.00 15,600.00 2,200.00 2.00 20.00 300.00 200.00 50.00 50.00 10.00 3,00 3.00 6,00 5.00 3.00 15,672.00 1.50 4,00 920.00 6,00 10.00 470.00 10.00 12.00 12.00 225.00 10.00 10.00 36,888.00 4,500.00 4,275,00 19,620.00 3,750,00 10.00 10.00 200.00 19.00 19.00 Total Price 1.960,00 13,575.00 15,815.00 1,100.00 300.00 $256,015.25 15,600.00 2,200.00 9,550.00 140.00 900.00 600.00 900.00 500.00 300.00 372.00 915.00 582.00 2,400,00 7,836.00 1,380.00 470.00 30,740,00 3,750.00 3,800,00 37,278.00 7,125,00 Page 2 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Item No. Item 54 CLASS 6 AGGREGATE BASE (CV) (P) 55 TYPE SP 9,5 BITUMINOUS WEARING COURSE MIXTURE (2,B) Snaded area denotes corrected figure 56 TYPE SP 12,5 BITUMINOUS NON WEARING COURSE MIXTURE (2,6) 57 BITUMINOUS MATERIAL FOR TACK COAT 58 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY) 59 SAW & SEAL STREET (40' INTERVALS) 60 6" CONCRETE DRIVEWAY PAVEMENT 61 CONCRETE RIBBON CURB 62 SURMOUNTABLE CONCRETE CURB & GUTTER 63 B618 CONCRETE CURB & GUTTER 64 STREET SWEEPING 65 TEMPORARY ROCK CONSTRUCTION ENTRANCE 66 CLEAN CULVERT 67 t4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP 68 '12" CORRUGATED STEEL PIPE CULVERT 69 12" CORRUGATED STEEL PIPE APRON 70 DRAINTILE CLEANOUT 71 PRECAST CONCRETE HEADWALL (DRAIN TILE) 72 DITCH GRADING 73 'IMPORT AND PLACE TOPSOIL (LV) 74 SEEDING, FERTILIZER AND WOOD FIBER BLANKET 75 SODDING 76 INSTALL SALVAGED MAILBOX 77 INSTALL SALVAGED SIGN 78 INSTALL WOODEN FENCE 79 INSTALL SALVAGED BRICK PAVERS PART 3: KE 80 81 VIN AVENUE NORTH - TRUNK WATER MAIN CONNECT TO EXISTING WATERMAIN HYDRANT EXTENSION Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374 $1,189,610,33 Est. Unit Quantity Unit Price CY 630 27.03 TN 490 52.65 TN 653 GAL 290 SY 230 LF 1,150 SY 62 LF I 3,240 345 56 HR 20 EA 2 EA 1 LF 861 LF 36 EA 2 EA 8 EA 4 LF 12 CY 702 SY 929 SY 2,300 EA 18 EA 10 LF 10 SF 124 LF T.A. Schifsky & Sons, Inc. 2370 Highway 36 E North St. Paul, MN 55109 $1,287,756.99 Total Price Unit Price Total Price 17,028.90 I 24.00 15,120.00 25,798.50 51.85 25,406.50 47.40 30,952.20 48.79 31,859,87 1.96 568.40 2.00 580.00 15.00 3,450.00 22.00 5,060,00 2.48 46.02 6.64 10.17 12.84 0.01 540.56 324.33 7.57 28.11 259.47 216.22 270.28 5.41 15,00 1,55 3.00 42.81 32.11 82.25 4.42 1 1,059.49 3 1,097,33 2,852.00 2.44 2,806.00 2,853.24 45.15 2,799.30 21,513.60 6.51 21,092.40 3,508,65 9.98 3,443.10 719.041 12,60 705,60 0,20 110.00 2,200,00 1,081,12 500.00 1,000,00 324.33 728.00 728.00 6,517.77 22.00 18,942,00 1,011,96 37.44 1,347.84 518.94 312,00 624.00 1,729.76 350.00 2,800,00 1,081,12 200.00 800.00 64.92 50,00 600.00 10,530,00 10.50 7,371.00 1,439,95 3.10 2,879,90 6,900.00 7.46 17,158.00 770.58 40.00 720.00 321.10 30.00 300.00 822.50 25.00 250.00 548.08 10.00 1,240.00 $253,844.77 $298,477.01 1,059.49 2,600.00 2,600.00 3,291,99 624.00 1,872.00 A-1 Excavating, Inc, 408 26th Ave. Bloomer, WI 54724 $1,321,667.00 Unit Price 32,00 54.75 Total Price 20,160.00 26,827.50 49.50 32,323.50 2.50 725.00 35,00 8,050.00 2.50 55.00 9.00 23.00 35.00 140.00 500.00 400.00 9.50 35.00 200.00 350.00 400.00 40.00 25.00 5.00 5.00 100.00 100.00 20.00 21.00 2,875.00 3,410.00 29,160.00 7,935.00 1,960.00 2,800.00 1,000,00 400.00 8,179.50 1,260.00 400.00 2,800,00 1, 600.00 480.00 17, 550.00 4,645.00 11,500.00 1,800.00 1,000.00 200.00 2,604,00 $318,982.50 1,250.00 j 1,250.00 500.0 1,500.00 Short Elliott Hendrickson Inc, Page 3 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEFI No.: LAKMO 134994 Bid Date: 2:00 p,m., Thursday, March 17, 2016 Item No. Item 82 12" DIP, CL. 52 WATERMAIN 83 6" DIP, CL. 52 WATERMAIN 84 1" TYPE "K" COF'PER VVATER SERVICE 85 1" CORPORATION STOP 86 1" CURB STOP WITH BOX 87 6" HYDRANT ASSEMBLY (8'-6" BURY) 88 6" RES. SEAT GATE VALVE & BOX 89 12" RES, SEAT GATE VALVE & BOX 90 IMJ DIP COMPACT FITTINGS PART 4: KELVIN AVENUE NORTI-I - LATERAL WATER MAIN I 91 12"X8" WETTAP 92 HYDRANT EXTENSION 93 8" DIP, CL. 52 WATERMAIN 94 6" DIP, CL. 52 WATERMAIN 95 1" TYPE "K" COPPER WATER SERVICE 96 1" CORPORATION STOP 97 1" CURB STOP WITH BOX 98 6" HYDRANT ASSEMBLY (8'-6" BURY) 99 6" RES. SEAT GATE VALVE & BOX 100 MJ DIP COMPACT FITTINGS IPART5: STONEGATE 1ST ADDITION - STREETS 101 MOBILIZATION 102 TRAFFIC CONTROL 103 SILT FENCE 104 INLET PROTECTION 105 CLEARING 106 GRUBBING 107 SALVAGE MAILBOX 108 SALVAGE SIGN 109 SALVAGE LANDSCAPE ROCK (ISLANDS) (P) Short Elliott Hendrickson Inc. Shaded area denotes corrected t.ire Est. Unit Quantity Unit Price Total Price Unit Price Total Price LF 892 53,42 47,650.64 57.20 51,022.40 LF 531 53.95 2,859.35 41.60 2,204. 0 F 221 42.54 9,401,34 26.00 EA 5 265.95 1,329.75 208.00 EA 5 344.87 1,724.35 291.20 Hardrives 14475 Quiram Drive Rogers, MN 55374 S1,189,610.33 T.A. Schifsky & Sons, Inc. 2370 Highway 36 E North St. Paul, MN 55109 $1,287,756,99 EA 2 4,492.02 8,984.04 4,056.00 EA 2 1,291.93 2,583.86 1,404.00 2 3,027.12 I 6,054.24 3.380,00 1,104 3.68 I 4,062.72 5.72 $89,001.77 EA LF LF LF LF LS LS LF EA EA EA 1 3 535 20 266 6 6 1 315 1 207 23 1 1 5 750 5,746.00 1,040.00 1,456.00 8,112.00 2,808.00 6,760.00 6.314.88 $89,936.08 A-1 Excavating, Inc. 408 26th Ave. Bloomer, WI 54724 $1,321,667.00 Unit Price 63.00 49.00 32.00 150.00 280.00 3,800.00 1,300.00 3,100.00 8.00 I Total Price 56,196,00 2,597.00 7,072.00 750.00 1,400,00 7,600.00 2,600.00 6,200.00 8,832.00 $95,997.00 3,481.18 3,481.18 5,200.00 5,200.00 5,500.00 5,500.00 1,189.22 3,567.66 624.00 1,872.00 500,00 1,500.00 38.06 20,362.10 43.68 23,368.80 54,00 28,890,00 53.95 1,079.00 41.60 832,00 49.00 980.00 42.54 11,315.64 26.00 6,916.00 32.00 8,512.00 265.95 1,595,70 208.00 1,248.00 150.00 900.00 344.87 2,069.22 291,20 1,747.20 280.00 1,680.00 4,492.02 4,492.02 4,056.00 4,056.00 3,800.00 3,800.00 1,291.93 1,291,93 1,404.00 1,404.00 1,300.00 1,300.00 4,32 1,360.80 5.72 1,801.80 8.00 2,520.00 $50,615.25 $48,445.80 $55,582.00 15,000.00 15,000.00 25,000.00 25,000.00 21,350.00 21,350.00 1,926.54 1,926.54 12,000.00 12,000,00 2,800.00 2,800.00 1.00 207.00 4.20 869.40 2.00 414.00 90.98 2,092.54 90.00 2,070.00 120.00 2,760.00 324.33 324.33 500.00 500.00 400.00 400.00 259.46 259.46 500.00 500.00 200.00 200.00 26.76 829.56 26.25 813.75 50.00 1,550.00 16.05 80.25 15.75 78.75 50.00 250.00 0.29 217.50 12.60 9,450.00 2.00 1.500,00 Page 4 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Shaded area denotes j Hardrives Inc. corrected figure 14475 Quiram Drive Rogers, MN 55374 $1,189,610.33 Est. Item No. Item Unit Quantity Unit Price 110 SAWCUT BITUMINOUS PAVEMENT LF 435 2.07 111 SAWCUT CONCRETE PAVEMENT J LF 152 2.22 112 REMOVE MANHOLE OR CATCH BASIN CASTING I EA 27 162.46 111 REMOVE & DISPOSE OF EXIST. BITUMINOUS SY 377 5.55 PAVEMENT (DRIVEWAYS) 114 REMOVE & DISPOSE OF EXIST. CONCRETE SY 137 PAVEMENT (DRIVEWAYS) 115 SUBGRADE EXCAVATION (RECLAIM AREAS) (EV) CY 500 116 RECLAIM EX. BIT, AND BASE MATERIALS, 8" DEPTH SY 18800 (P) 117 HAUL OUT EXCESS RECLAIMED MATERIAL (LV) (P) CY 909 118 SUBGRADE PREPARATION OF RECLAIMED RS 55 310.00 SURFACE 119 TYPE SP 9.5 BITUMINOUS WEARING COURSE TN 1611 MIXTURE (2,B) 120 TYPE SP 12,5 BITUMINOUS NON WEARING COURSE TN 1611 MIXTURE (2,B) 121 BITUMINOUS MATERIAL FOR TACK COAT GAL 951 122 TYPE SP 9.5 BITUMINOUS WEARING COURSE SY 367 MIXTURE (2,B) (DRIVEWAY) 123 6" CONCRETE DRIVEWAY PAVEMENT SY 91 46.02 124 SAW & SEAL STREET (40' INTERVALS) LF 4025 2.48 125 RIPRAP CY 15 86.49 126 SEDIMENT REMOVAL (LV) CY 57 27.03 127 MODIFY STORM STRUCTURE 104 LS 1 3,546.04 128 CATCH BASIN CASTING R-3067-V EA 23 627.69 129 MANHOLE CASTING R-1642-B I EA 4 474.07 130 SOLID (2'X3'X1.0' HT) CONCRETE CB SECTION EA 8 560,15 131 MINOR STRUCTURE REPAIR EA 15 172.81 132 RECONSTRUCT DRAINAGE STRUCTURE I LF 10 0.01 133 B418 CONCRETE CURB & GUTTER LF 12140 10.65 134 STREET SWEEPING HR 30 0.01 135 IMPORT AND PLACE TOPSOIL (LV) I GY 1466 15,00 136 SODDING 1 SY 70071 3.00 Total Price 900.45 337.44 4,386.42 2,092.35 7.70 1,054.90 - 7.00 I 3,500.00 2.89 54,332.00 5.65 5,135.85 T.A. Schifsky & Sons, Inc. 2370 Highway 36 E North St. Paul, MN 55109 51,287,756.99 Unit Price 3.00 4,00 150.00 4,00 Total Price 1,305,00 608.00 4,050,00 1,508.00 5.00 685.00 14.00 7,000.00 0.75 14,100.00 8.00 7,272.00 17,050.00 225.00 50.07 80,662.77 45.98 74,073.78 12,375.00 51.85 83,530.35 48,79 78,600,69 1.96 1,863,96 2.00 15.00 5,505.00 22.00 4,187.82 9,982.00 1,297.35 1,540.71 3,546,04 14,436.87 1,896,28 4,481.20 2,592.15 0.10 129,291.00 0.30 21,990.00 21.021.00 I 45.15 2,32 130.00 98.80 2,912.00 775.00 920.00 520.00 208,00 0.01 10.45 110.00 10.50 5.46 1,902.00 8, 074, 00 4,108.65 9,338.00 1,050,00 5,631.60 2,912.00 17,825.00 3,680.00 4,160.00 3.120.00 0.10 126, 863, 00 3,300.00 15, 393.00 38,258.22 A-1 Excavating, Inc. 408 26th Ave, Bloomer, WI 54724 $1,321,667.00 Unit Price 3.00 6.00 100.00 6.00 Total Price 1,305.00 912.00 2,700.00 2,262.00 6.00 822.00 10.00 5,000,00 1.00 18,800.00 9.00 8,181.00 100,00 5,500,00 50.50 81,355.50 46.25 74,508,75 2.50 2.377.50 33.00 12,111.00 55.00 2.50 70.00 15.00 700.00 590.00 640.00 500.00 400.00 300.00 9.25 140.00 25.00 4.50 5,005.00 10,062,50 1,050.00 855,00 700,00 13,570.00 I 2,560,00 4,000.00 6,000.00 3,000,00 112, 295.00 4,200.00 36,650,00 31, 531.50 Short Elliott Hendrickson Inc, Page 5 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 ShHum area denotes cor-ected fczure Est. Item No. Item Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price 137 INSTALL SALVAGED MAILBOX EA 31 42,81 1,327,11 40,00 1,240,00 100.00 3,100.00 138 INSTALL SALVAGED SIGN EA 5 32.11 . 160,55 30,00 150.00 100,00 500,00 139 INSTALL SALVAGED LANDSCAPE ROCK (ISLANDS) LF 750 1.58 1,185,00 12.60 9,450.00 5.00 3,750.00 (P) $490,767.58 5519,671.51 $485,887.75 Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374 $1,189,610.33 T.A. Schifsky & Sons, Inc. 2370 Highway 36 E North St. Paul, MN 55109 $1,287,756.99 A-1 Excavating, Inc. 408 26th Ave„ Bloomer, WI 54724 $1, 321,667.00 ALTERNATE 1 IPART 6: HIGHLAND TRAIL NORTH - STREETS 140 MOBILIZATION 141 TRAFFIC CONTROL ( 142 INLET PROTECTION LS 1 3,500,00 3,500,00 2,500,00 2.500.00 4,800.00 4,800.00 LS 1 1,070.30 1.070.30 3,500,00 3.500.00 2,000.00 2,000.00 EA 8I 90,98 727.84 90.00 720.00 120,00 960.00 143 REMOVE & DISPOSE OF EXIST. CONCRETE CURB LF 80 4.55 364.00 5.00 400,00 36.00 2,880.00 AND GUTTER 144 REMOVE MANHOLE OR CATCH BASIN CASTING EA 6 114,23 685.38 450.00 2,700.00 100.00 600,00 145 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) I SY 4,900 1.60 7,840.00 1.42 6,958.00 1,75 8,575.00 146 REMOVE & REPAVE BITUMINOUS FLUME LS I 1 1,214.34 1,214.34 400.00 400.00 1,285.00 1,285.00 147 SPOT BITUMINOUS CURB REPLACEMENT LF I 136 10.48 1,425,28 9.00 1,224,00 18.00 2,448.00 148 TYPE SP 9„5 BITUMINOUS WEARING COURSE TN 637 51.01 32,493.37 57.32 36,512.84 53.50 34,079.50 MIXTURE (2,C) 149 BITUMINOUS MATERIAL FOR TACK COAT GAL 282 1,96 552.72 2.00 564,00 2.50 I 705.00 150 CATCH BASIN CASTING R-3067-V EA 1 627.69 627.69 775,00 775.00 590.00 J 590,00 151 CATCH BASIN CASTING R-3250-1 EA 4 760.91 3,043,64 850.00 3,400.00 740.00 2,960,00 152 CATCH BASIN CASTING R-3501-TR 1 EA 1 740.51 740,51 800.00 800.00 840.00 840,00 STREET SWEEPING 154 IMPORT AND PLACE TOPSOIL (LV) 155 SODDING TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETS PART 7: JAMELY AVENUE - STREETS MOBILIZATION TRAFFIC CONTROL 156 157 158 159 160 HR 4 0.01 0.04 90.00 360.00 140,00 560.00 30 24.65 739.50 26.25 787.5D 25.00 750„00 38 5,30 I 731.40 7,46 1,029.48 8.00 1,104.00 $55,756.01 562,630.82 565,136.50 I LS 1 3,500.00 3,500.00 2,000.00 2,000.00 4,800.00 I 4,800.00 LS 1 1,070.30 1,070.30 4,300.00 4,300,00 2,000.00 2,000.00 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) SY 4,090 1.60 6,544.00 1.42 5,807.80 1.75 7,157,50 ADJUST VALVE BOX (WATER) EA 5 274.15 1,370.75 I 250.00 1,250,00 110,00 550.00 TYPE SP 9,5 BITUMINOUS WEARING COURSE I TN 531 51.48 27,335.88 57.32 30,436,92 53,50 28,408.50 MIXTURE (2,C) Short Elliott Hendrickson Inc, Page 6 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Shaded area demotes corrected ft2ture Item No. Item 161 BITUMINOUS MATERIAL FOR TACK COAT 162 STREET SWEEPING TOTAL - PART 7: JAMELY AVENUE - STREETS BASE BID I TOTAL - PART 1: KIRKWOOD AVENUE NORTH TOTAL - PART 2: KELVIN AVENUE NORTH - STREETS TOTAL - PART 3: KELVIN AVENUE NORTH - TRUNK WATER MAIN TOTAL - PART 4: KELVIN AVENUE NORTH - LATERAL WATER MAIN TOTAL - PART 5: STONEGATE 1ST ADDITION - STREETS TOTAL BASE BID PRICE (PARTS 1 - 5) ALTERNATE 1 TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETS TOTAL - PART 7: JAMELY AVENUE - STREETS TOTAL ALTERNATE 1 BID PRICE (PARTS 6 - 7) TOTAL BASE BID (PARTS 1 - 5) + ALTERNATE 1 BID PRICE (PARTS 6 - 7) Unit GAL HR Est. uantity 236 4 Hardrives, Inc. - column adding error; correct amount shown. T.A. Schifsky & Sons, Inc. - column adding error, correct amount shown. Hardrives Inc. 14475 Quiram Drive Rogers, MN 55374 $1,189,610.33 Unit Price 1.96 0.01 Total Price 462.56 0.04 $40,283.53 I $209,341,42 $253,844,77 $89,001.77 $50,615.25 $490,767.58 $1,093,570.79 $55,756.01 $40,283.53 $96,039.54 $1,189,610,33 I T.A. Schifsky & Sons, Inc. 2370 Highway 36 E North St. Paul, MN 55109 $1,287,756.99 Unit Price 2.00 120.00 Total Price 472.00 480.00 $44,746.72 i $223,849.05 $298,477.01 $89,936.08 $48,445.80 $519,671.51 180,379.45 $62,630,82 $44,746.72 $107.377,54 $1,287,756,99 I A-1 Excavating, Inc. 408 26th Ave. Bloomer, WI 54724 61,321,667.00 Unit Price 2.50 140.00 Total Price 590.00 560.00 $44,066.00 $256,015.25 $318,982.50 $95,997.00 $55, 582.00 $485,887.75 $1, 212,464.50 $65,136.50 $44,066.00 $109,202.50 $1,321,667.00 Short Elliott Hendrickson Inc. Page 7 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Item No. Item PART 1: KIRKWOOD AVENUE NORTH 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 BIOROLL DITCH CHECK 5 SALVAGE MAILBOX 6 SALVAGE SIGN 7 SAWCUT BITUMINOUS PAVEMENT 8 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS) 9 COMMON EXCAVATION (EV) (P) 10 11 12 13 14 15 16 AGGREGATE SHOULDERING 17 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) 18 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,6) 19 BITUMINOUS MATERIAL FOR TACK COAT Shaded area denotes c_r'ectud 5igure Park Construction 1481 81st Ave NE Minneapolis MN 55432 $1.376,916.70 Est. Unit Quantity Unit Price Total Pric 1 512,000.00 $12,000.00 1 1,200,00 1,200.00 LF 4,428 1.95 8,634,60 EA 20 60.00 1,200,00 EA 11 25.00 275.00 3 15.00 45,00 LF i 971 4.65 451.05 SY 29 4.50 130.50 CY 2,854 9.40 26,827.60 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) CY 400 12.40 4,960.00 (EV) SUBGRADE PREPARATION RS 19 190.00 3,610.00 SELECT GRANULAR BORROW (STREETS) (CV) (P) CY 2,035 21.00 42,735.00 SELECT GRANULAR BORROW (SUBGRADE EXCAV.) 1 CY 400 21.00 8,400.00 20 21 22 23 24 25 26 27 (CV) CLASS 6 AGGREGATE BASE (CV) (P) PATCH GRAVEL DRIVEWAY CY 655 28.80 18,864.00 TN 53 34.80 1,844.40 TN 164 23.10 3,788.40 TN 511 56.00 28,616.00 TN 6801 52.50 35,700.00 GAL. 3011 2.55 767.55 TYPE SP 9.5 BITUMINOUS WEARING COURSE SY 29 26.50 768,50 MIXTURE (2,8) (DRIVEWAY) SAW & SEAL STREET (40' INTERVALS) LF 1,265 2.30 2,909.50 STREET SWEEPING HR 15 125.00 1,875.00 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 1,210.00 1,210.00 CLEAN CULVERT EA I 5 208,00 1,040.00 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP LF 1,025 7.30 7,482,50 DRAINTILE CLEANOUT EA 10 220.00 2,200,00 PRECAST CONCRETE HEADWALL (DRAIN TILE) EA 6 480.00 2,880.00 Short Elliott Hendrickson Inc. Page 8 of 14 SEH TABULATION OF BIDS '2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Shaded area denotes carr&.:ted figure Item No. Item 28 DITCH GRADING 29 IMPORT AND PLACE TOPSOIL (LV) 30 SEEDING, FERTILIZER AND WOOD FIBER BLANKET 31 INSTALL SALVAGED MAILBOX 32 INSTALL SALVAGED SIGN PART 2: KELVIN AVENUE NORTH - STREETS 33 (MOBILIZATION 34 TRAFFIC CONTROL 35 SILT FENCE 36 BIOROLL DITCH CHECK 37 CLEARING 38 GRUBBING 39 SALVAGE MAILBOX 40 SALVAGE SIGN 41 SALVAGE WOODEN FENCE 42 SALVAGE BRICK PAVERS 43 SAWCUT BITUMINOUS PAVEMENT 44 SAWCUT CONCRETE PAVEMENT 45 REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTER 46 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT 47 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS) 48 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS) 49 COMMON EXCAVATION (EV) (P) 50 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV) 51 SUBGRADE PREPARATION 52 SELECT GRANULAR BORROW (STREETS) (CV) (P) 53 SELECT GRANULAR BORROW (SUBGRADE EXCAV. (CV) Park Construction 1481 81st Ave NE Minneapolis MN 55432 $1,376,916.70 Est. Unit Quantity Unit Price LF 196 5.55 CY 543 25.60 SY 3,1631 1.45 EA 1 111 40.00 EA I 3I 30.00 LS 1 - 15,000,00 LS 1 1,200.00 LF 4,775 1.95 EA 7 60,00 EA 3 400.00 EA 3 144.00 EA 181 25.00 EA 10 15.00 LF 30 5.00 SF 124 3.50 LF - 305 4,65 LF 97 7.00 LF 480 4.40 SY 5,224 SY 230 SY 47 CY 3,074 CY 375 Total Price 1,087,80 13,900,80 4,586.35 440,00 90.00 $240,519.55 15,000.00 1,200.00 9,311.25 420.00 1,200.00 432.00 450.00 I 150.00 150.00 434,00 1,418.25 679.00 2,112.00 2.45 12,798.80 4.00 920.00 6.75 317.25 10.10 12.60 31,047.40 4,725.00 RS 19 190.00 3,610.00 CY ( 1,962 20.10 39,436.20 CY 375 20.10 7,537.50 Short Elliott Hendrickson Inc. Page 9 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Shatei area denotes cDrrec: 1 `- ure Park Construction 1481 81stAve NE Minneapolis MN 55432 81.376,916.70 Est. No. Item Unit Quantity Unit Price Total Price 54 CLASS 6 AGGREGATE BASE (CV) (P) CY 630 28.80 18,144.00 55 TYPE SP 9.5 BITUMINOUS WEARING COURSE TN 490 56.20 27,538.00 MIXTURE (2,B) 56 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE TN 653 52.80 34,478,40 MIXTURE (2,B) 57 BITUMINOUS MATERIAL FOR TACK COAT GAL 290 3.40 986.00 58 TYPE SP 9.5 BITUMINOUS WEARING COURSE SY 230 23.00 I 5,290.00 MIXTURE (2,B) (DRIVEWAY) 59 SAW & SEAL STREET (40' INTERVALS) 60 6" CONCRETE DRIVEWAY PAVEMENT 61 CONCRETE RIBBON CURB 62 SURMOUNTABLE CONCRETE CURB & GUTTER 63 B618 CONCRETE CURB & GUTTER 64 STREET SWEEPING 65 TEMPORARY ROCK CONSTRUCTION ENTRANCE 66 CLEAN CULVERT 67 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP 68 12" CORRUGATED STEEL PIPE CULVERT 69 12" CORRUGATED STEEL PIPE APRON 70 DRAINTILE CLEANOUT 71 PRECAST CONCRETE HEADWALL (DRAIN TILE) 72 DITCH GRADING 73 IMPORT AND PLACE TOPSOIL (LV) 74 SEEDING, FERTILIZER AND WOOD FIBER BLANKET 75 SODDING 76 INSTALL SALVAGED MAILBOX 77 INSTALL SALVAGED SIGN 78 INSTALL WOODEN FENCE 79 INSTALL SALVAGED BRICK PAVERS PART 3: KELVIN AVENUE NORTH - TRUNK WATER MAIN 80 CONNECT TO EXISTING WATERMAIN 81 HYDRANT EXTENSION Short Elliott Hendrickson Inc. LF 1,150j 2.30 2,645,00 SY 62 57.10 3,540.20 LF 3,240 7.25 23,490,00 LF 345 9,70 3,346.50 LF 56 12.20 683.20 HR 20 125.00 2,500.00 EA 2 1,160.00 2,320.00 EA 1 831.00 831.00 LF 861 8.00 6,888.00 LF 36 28.10 1,011.60 EA 2 350.00 700.00 EA 8 220.00 1,760,00 EA 4 480.00 1,920.00 LF 12 22.60 I 271.20 CY 702 27.00 18,954.00 SY 929 1.45 1,347.05 SY 2,300 4.95 11,385.00 EA 18 40.00 720.00 EA 10 30.00 300.00 LF 10 15.00 150.00 SF 124 11.50 1,426.00 $305,973.80 EA 1 1,970.00 1,970.00 LF 3 462.00 1,386.00 Page 10 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Item No. Item 82 12" DIP, CL, 52 WATERMAIN 83 6" DIP, CL. 52 WATERMAIN 84 1" TYPE "K" COPPER WATER SERVICE 85 1" CORPORATION STOP 86 1" CURB STOP WITH BOX 87 6" HYDRANT ASSEMBLY (8'-6" BURY) 88 5" RES. SEAT GATE VALVE & BOX 89 12" RES. SEAT GATE VALVE & BOX 90 MJ DIP COMPACT FI I I INGS PART 4: KELVIN AVENUE NORTH - LATERAL WATER MAIN 91 12"X8" VVET TAP 92 HYDRANT EXTENSION 93 8" DIP, CL. 52 WATERMAIN 94 6" DIP, CL. 52 WATERMAIN 95 1" TYPE "K" COPPER WATER SERVICE 96 1" CORPORATION STOP 97 CURB STOP WITH BOX 98 6" HYDRANT ASSEMBLY (8'-6" BURY) 99 6" RES. SEAT GATE VALVE & BOX 100 MJ DIP COMPACT FITTINGS PART 5: STONEGATE 1ST ADDITION - STREETS 101 MOBILIZATION 102 TRAFFIC CONTROL 103 SILT FENCE 104 INLET PROTECTION 105 CLEARING Shaded aree denotes :affected foute Unit LF LF LF EA EA EA EA EA LB Park Construction 1481 81st Ave NE Minneapolis MN 55432 $1,376,916.70 Est. Quantity Unit Price Total Price 892 48.10 42,905.20 53 35,70 1,892.10 221 22.00 4,862.00 5 522.00 I 2,610.00 5 616.00 3,080.00 2 4,090.00 8,180.00 2 1,250,00 2,500.00 2 2,890,00 5,780.00 1,104 9.80 10,819.20 $85,984.50 EA 1 3,780,00 LF 3 462.00 LF 535 33.20 LF 20 46.10 LF 266 22.00 EA 6 522.00 EA 6 616.00 EA lf 4,090.00 EA 1 1,250,00 LB 315 14.50 L-I I LS LS LF EA EA 106 GRUBBING I EA 107 SALVAGE MAILBOX 1 EA 108 'SALVAGE SIGN 109 'SALVAGE LANDSCAPE ROCK (ISLANDS) (P) 3,780.00 1,386.00 17,762.00 922.00 5,852.00 3,132.00 3,696.00 4,090.00 1,250.00 4,567.50 $46,437.50 1 30,000.00 30,000.00 1 1,800.00 1,800.00 207 1.95 403.65 231 136.00 3,128.00 11 400.00 400.00 11 144.00 144.00 311 25.00 775.00 5 15.001 75.00 750 3.85 I 2,887.50 Short Elliott Hendrickson Inc. Page 11 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Item No. Item 110 SAVVCUT BITUMINOUS PAVEMENT 111 SAWCUT CONCRETE PAVEMENT 112 113 Shaded area der:Nes corrected rgure Park Construction 1481 81st Ave NE Minneapolis MN 55432 $1,376,916.70 Est. Unit Quantity Unit Price Total Price LF 435 4.65 2,022.75 LF 152 7.00 1.064.00 REMOVE MANHOLE OR CATCH BASIN CASTING EA 27 48.20 1,301.40 REMOVE & DISPOSE OF EXIST. BITUMINOUS SY 377 6.35 2,393.95 PAVEMENT (DRIVEWAYS) 114 REMOVE & DISPOSE OF EXIST. CONCRETE SY 137 9.45 1,294.65 PAVEMENT (DRIVEWAYS) 115 SUBGRADE EXCAVATION (RECLAIM AREAS) (EV) CY 500 15.80 7,900.00 116 RECLAIM EX. BIT. AND BASE MATERIALS, 8" DEPTH SY 18800 0.90 16,920,00 (P) 117 1HAUL OUT EXCESS RECLAIMED MATERIAL (LV) (P) CY 909 15.30 13,907.70 118 SUBGRADE PREPARATION OF RECLAIMED RS 55 146.00 8,030,00 SURFACE 119 TYPE SP 9.5 BITUMINOUS WEARING COURSE TN 1611 56.20 90,538.20 MIXTURE (2,B) 120 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE TN 1611 52.90 85,221.90 MIXTURE (2,B) 121 BITUMINOUS MATERIAL FOR TACK COAT GAL 951 3.00 2,853.00 122 TYPE SP 9.5 BITUMINOUS WEARING COURSE SY 367 21.10 7,743.70 MIXTURE (2,B) (DRIVEWAY) 123 6" CONCRETE DRIVEWAY PAVEMENT SY 91 51,4D 4,677,40 124 SAW & SEAL STREET (40INTERVALS) : LF 4025 2.30 9,257,50 125 RIPRAP CY 15 169,00 2,535.00 126 SEDIMENT REMOVAL (LV) CY 57 21.00 1,197.00 127 MODIFY STORM STRUCTURE 104 LS 1 1,000.00 1,000.00 128 CATCH BASIN CASTING R-3067-V EA 23 700.00 16,100.00 129 MANHOLE CASTING R-1642-B EA 4 807.00 3,228,00 130 SOLID (2'X3'X1.0' HT) CONCRETE CB SECTION EA 81 1,380,00 11,040.00 131 MINOR STRUCTURE REPAIR EA 15 683.00 10,245.00 132 RECONSTRUCT DRAINAGE STRUCTURE LF 10 1,540.00 15,400.00 133 B418 CONCRETE CURB & GUTTER LF 12140 11,20 135,968.00 134 STREET SWEEPING HR 30 125.00 3,750.00 135 IMPORT AND PLACE TOPSOIL (LV) CY 1466 37.40 54,828.40 136 SODDING SY 7007 4.95 34,684.65 Short Elliott Hendrickson Inc. Page 12 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Item No. 137 138 139 Shaded Item INSTALL SALVAGED MAILBOX INSTALL SALVAGED SIGN INSTALL SALVAGED LANDSCAPE ROCK (ISLANDS) (P) ALTERNATE 1 PART 6: HIGHLAND TRAIL NORTH - STREETS 140 MOBILIZATION 141 TRAFFIC CONTROL 142 INLET PROTECTION 143 REMOVE & DISPOSE OF EXIST, CONCRETE CURB AND GUTTER 144 REMOVE MANHOLE OR CATCH BASIN CASTING EA 6 46.50 279.00 145 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) E SY 4,900 1.65 8,085.00 e corrected figure Unit EA EA LF Park Construction 1481 81st Ave NE Minneapolis MN 55432 $1,376,916.70 Est. Quantity Unit Price Total Price 31 40.00 1,240„00 5 30.00 150.00 750 6.90 5,175,00 $591,280.35 146 REMOVE & REPAVE BITUMINOUS FLUME 147 SPOT BITUMINOUS CURB REPLACEMENT 148 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C) 149 BITUMINOUS MATERIAL FOR TACK COAT 150 CATCH BASIN CASTING R-3067-V 151 CATCH BASIN CASTING R-3250-1 152 CATCH BASIN CASTING R-3501-TR 153 STREET SWEEPING 154 IMPORT AND PLACE TOPSOIL (LV) 155 SODDING TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETS PART 7: JAMELY AVENUE - STREETS 156 MOBILIZATION 157 TRAFFIC CONTROL 158 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) 159 ADJUST VALVE BOX (WATER) 160 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C) LS LS EA LF 1 2,000.00 1 1,000.00 8 145.00 80 8.30 2,000.00 1,000.00 1,160.00 664.00 1 LS 1 743.00 743.00 LF 136 19.30 2,624.80 TN 637i 61.20 38,984,40 I GAL 282 2.60 I 733.20 EA 1 699.00 699.00 EA 4 775.00 3,100.00 1 919.00 919.00 HR 4 125.00 500.00 CY 30 34.00 1,020,00I SY 138 4.95 683.10I $63,194.50 LS I 1 1,000.00 LS 1 1,000,00 SY 4,090 1.65 EA 5 224.00 TN 531 I 61.20 1,000.00 1,000.00 6,748.50 1,120.00 32,497.20 Short Elliott Hendrickson Inc. Page 13 of 14 SEH TABULATION OF BIDS 2016 Street, Drainage, and Utility Improvements Lake Elmo, Minnesota SEH No.: LAKMO 134994 Bid Date: 2:00 p.m., Thursday, March 17, 2016 Shaded area denotes corrected figure Item No. Item 161 BITUMINOUS MATERIAL FOR TACK COAT 162 STREET SWEEPING TOTAL - PART 7: JAMELY AVENUE - STREETS BASE BID TOTAL - PART 1: KIRKVVOOD AVENUE NORTH TOTAL - PART 2: KELVIN AVENUE NORTH - STREETS TOTAL - PART 3; KELVIN AVENUE NORTH - TRUNK WATER MAIN TOTAL - PART 4: KELVIN AVENUE NORTH - LATERAL WATER MAIN TOTAL - PART 5: STONEGATE 1ST ADDITION - STREETS TOTAL BASE BID PRICE (PARTS 1 - 5) ALTERNATE 1 TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETS TOTAL - PART 7: JAMELY AVENUE - STREETS TOTAL ALTERNATE 1 BID PRICE (PARTS 6 - 7) TOTAL BASE BID (PARTS 1 - 5) + ALTERNATE 1 BID PRICE (PARTS 6 - 7) Park Construction 1481 81st Ave NE Minneapolis MN 55432 $1,376,916,70 Est. Quantity Unit Price 236 2.80 4 125,00 Hardrives, Inc. - column adding error; correct amount shown. T.A. Schifsky & Sons, Inc. - column adding error, correct amount shown. Short Elliott Hendrickson Inc. Total Price 660.80 500.00 $43,526.50 $240,519.55 $305,973.80 $85,984.50 $46,437.50 $591,280.35 $1,270,195.70 $63,194.50 $43,526.50 $106,721.00 $1,376,916.70 Page 14 of 14 PROJECT SCHEDULE CITY OFLAKE E|MO 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 28l5.l29 MARC82O26 August 4,2OlS Council authorizes Feasibility Report. October ti2Ol5 ENGINEERING, inc. Cara Geheen, P.E. Jack Griffin, pE. Ryan Stempskip.E. Chad |sakmon,P.E. 651.300.4201 651.300/264 651.300.4267 651.300.4283 Presentation of Feasibility Report. Council accepts Report and calls Hearing. November 4, 2015 Public Improvement Hearing. Council orders preparation of Plans and Specifications. February l6,2016 Council approves Plans and Specifications and orders Advertisement for Bids. March l7,28l6 Receive Contractor Bids. April 5,20I6 Council accepts Bids and awards Contract. May 2,2Ol6 Conduct Pre -Construction Meeting and issue Notice toProceed. August lZ,ZOl6 Substantial Completion. September 3U,3O16 Final Completion. TI If ail. ON LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYO COU CILCO DATE: REGULAR ITEM # UNICATION April 5, 2016 13 Inwood Water Booster Station Improvements — Accept Bids and Award Contract Chad Isakson, Project Engineer Kristina Handt, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS: - Introduct ion 0! Item. - Report/Presentat ion - Questions from Council to Sta - Public In if' Appropriate - liar .Motion - ...... - Action on Motion POLICY RECOMMENDER: Engineering. FISCAL IMPACT,: $1,308,404. .City Engineer City Engineer Mayor Facilitates Mtlyor Facilitates ..... ..... „... Mayor & City Council ...... Mayor & City Council ...... ......... .... ........ Mayor Facilitates Approval of this resolution commits the council to enter into a construction contract for the project with a construction contract amount of $1,308,404. The improvement will be funded through a combination of the city's water enterprise fund, bonding, and DEED Grant funds. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider accepting contractor bids and awarding a contract for the Inwood Water Booster Station Improvements. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 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 -- page City Council Meeting [Regular Agenda Item 13] April 5, 2016 Bidding requirements. The improvements include a building structure approximately 40-feet by 28-feet to house pumps, discharge piping, electrical equipment, and chemical feed equipment. The building environment is humid and corrosive due to chemicals, so the general building structure will be a slab on grade with masonry load bearing walls and a protective/water resistant coated ceiling. Bids were received, publicly opened, and read aloud on March 3, 2016. The City's design consultant has prepared and attached the letter of recommendation for the award of the contract together with the Tabulation of Bids. The City received 3 bids for this project, with Magney Construction, Inc. providing the lowest base bid in the amount of S1,308,404. Contractor references for Magney Construction, Inc. were reviewed and verified. The City Engineer and the design consultant are therefore recommending that the Council award the contract to the lowest responsible bidder, Magney Construction, Inc., as outlined in the attached letter. An alternate bid was taken to install a smaller standby generator that would only run one of the two pumps in the event of a power outage. Based on the savings offered for the smaller generator, Staff s recommendation is to award the contract based on the base bid to maintain the ability for the generator to run both pumps and provide additional flow capacity for fire protection services during a power outage. The project construction costs are higher than previously presented to council due to the need to include automated chlorination sampling and feed equipment along with the building addition necessary to house this added equipment. During the design phase of the project, the additional equipment was found to be required to maintain proper residual chlorine within the system. Following the receipt of bids on March 3rd, staff delayed the project award recommendation to review the project with public works, the design consultant and the Minnesota Department of Health to verify the operational needs, design assumptions and to review opportunities to reduce costs. With the operational needs verified through the MDH and Public Works the project is being recommended to be awarded per the Base Bid. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2016-23, thereby accepting bids and awarding a contract to Magney Construction, Inc., for the Base Bid in the amount of S1,308,404 for the Inwood Water Booster Station Improvements. The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-23, Accepting Bids and Atvarding a Contract to Magney Construction, Inc. for the Base Bid in the amount of $1,308,410,1 for the Inwood Water Booster Station hnproventents." ATTACIIMENT(S: 1. Resolution 2016-23 Accepting Bids and Awarding a Contract. 2. Engineer's Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-23 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE INWOOD WATER BOOSTER STATION IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the Inwood Water Booster Station, 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, Magney Construction, Inc. in the amount of $1,308,404, NOW, THEREFORE, IT IS HEREBY RESOLVED, 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. 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 FIFTH DAY OF APRIL 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-23 PPOOFES.ViONAL More ideas, Be March 31, 2016 Chad Isakson, Municipal Engineer Focus Engineering 3880 Laverne Ave N, Suite 175 Lake Elmo, MN 55042 Re: Inwood Water Booster Station Dear Chad: VICES j iutuns Upon review of the bids received on March 3, 2016 for the above -referenced project, it was found that they were submitted by qualified contractors. It is our recommendation that the low responsive bidder listed below be accepted and award made at your next meeting. Magney Construction 1401 Park Road Chanhassen,111N 5531 It is our recommendation that the City award the project with a 230 KW Generator Set (Base Bid) for the contract amount of S1,308,404.00 Sincerely, MSA Professional Services, Inc. Chuck Schwartz Team Leader sm Offices in Illinois, Iowa, Minnesota, and Wisconsin 60 Piato6. East, Suite 140 • Si. PA.u±, MN 55107-1835 512.548,3132 • 1855,452.9454 • Fox: 763.786.4574 ww,,v.rnsa-ps,com 42016 %ISA Profess:6net Ser,zes CAlisers \cjiV:„e",%16A Electronic Letterhead STP,d6cK 133. PROJECT: Inwood Water Booster Station OWNER: City of Unite Elmo ITEM (TEN' NO. IF-SCRIP-110N 13, 14, DIVISION 1 GENERAL NI0FilLizATIoN TRAFFIC coNTRot. SILT FENCE CLEARING AND GRUBBING TEMPORARY ROCK CONSTRUCTION ENTRANCE ), STREET SWEEPING 7 SITE RESTORATION DIVISION 2 - WATER MAIN 8, CONNECT TO EXISTING WATERNIAIN AND SERVICE 1.5COPPER WATER SERVICE PIPE 10. 12' DUCTILE IRON WATERMAIN CLASS 52 11. DUCTILE IRON FITTINGS DIVISION 3 - STORM SEWER 12. 10" PVC DRAIN 13, 18" RCP STORM SEWER PIPE, CLASS 5 14, 18" RCP FLARED END SECTION 15. CATCH BASIN/MANHOLE 16. RANDOM RI PRAP CLASS LH (CV) DIVISION 4 - DRIVEWAY CONSTRUCTION 17. COMMON EXCAVATION (P1 18, SELECT GRANULAR. BORROW (P) 19. SIJ BGR ADE PREPARATION 20. AGGREGATE BASE CLASS 5 21. TYPE SI' 9.5 WEAR COURSE MIX 12.B1 22, 4" CONCRETE SIDEWALK 23. SEGMENTAL RETAINING WALL '4, SPLIT RAIL FENCE. 25. GUARD POST 26. 6" PERFORATED PVC DRAIN 27. 8" INLINE DRAIN 28. ROOF DRAIN CONNECTION 29. DR AINTILE CLEANOUT DIVISION 5 - BOOSTER FACILITY 30. BOOSTER FACILITY (COMPLETE) 30 SCADA INTEGRATION AND SYSTEM INIPKOVENIENTS (SCADA CONTRACTOR) ALLOWANCE PROCESS INSTRUMENTATION AND CONTROL ( sysTEm 32. INTroPAroR) 230 KW GENERATOR SET tiTILITY ALLOWANCE (ELECTRIC, NATURAL GAS, TELECOMMUNICATION/DATA) 35. HOLDING TANK AND ASSOCIATED PIPING 36, EROSION CONTROL BLANKET TOTAL ESTIMATED CONSTRucTioN cosT AtJERNATE A - 150 KW PORTABLE GENERATOR 33.A, 150 KW GENERATOR SET ( DEDUCT) 1311) TABIEJLATION ESTINIATED QIJANTury UNITS PROJECT NUNIBER; 09880003 March 3, 2046 NI apoy Congruction. 1pic. Rio: Lake Construction Group Nlimicipal Builders. Inc. Chanhassen, 5(0 Doorwmxt MN Alidover, 54N UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE PRICE' 'E PRICE PRICF: PRICE LS 5 53,000.00 S 55,0(10.0(1 $ 65,000 00 S 65,000.00 S 45,000,00 5 45,000.00 LS 5 700,00 5 700.00 5 1,500,00 S 1,300.00 $ 1,000.00 5 1.000.00 240 LF $ 3.00 5 720.00 S 5,00 $ 1,200.00 $ 3.00 $ 720.00 1 LS S 2,000,00 I 5 2.000,00 S 2,000.00 8 2,000.00 5 2,500.00 S 2,500 00 1 EA $ 1,000.00 5 1,000.00 $ 2,000.00 5 2,000,00 $ 900 00 S 900.0(1 10 IIR 5 105.00 S 1,050,00 I 5 150.01) $ 1,500.00 $ 11500 8 1,150.00 I LS $ 4,800.00 $ 4,800,00 I $ 2,500.00 $ 7,50000 5 6,750.00 S 6,750 00 3 EA 1 S 1,500 00 $ 4.500,00 .5 1,200310 $ 3,600,00 S 1,450.00 8 4,350.00 65 1..0 S 50 0(1 5 3,250 00 5 48.110 S 3,120.00 5 45.75 5 3.973.75 100 1,0 5 120.00 $ 12,000,00 S 86.00 5 8,600.00 5 107,25 5 10,725.00 344 LB 5 16.110 5 5,504.00 5 6,00 5 2A/64.00 5 15.00 S 5,160,00 13 LI' $ 50.00 5 750.00 9 32.00 5 480.00 S 45.50 S 682 50 130 LF S 50.00 5 6,500.00 5 49.00 S 6,370.00 S 44.50 S 5,785 00 I EA $ 1,500.00 5 1,500.00 5 1,250.00 5 1,250.00 S 1,060,00 S 1,060110 2 EA S 3,000 00 S 6,000.00 S 2,800.01) $ 5,600.00 5 2,900.00 S 5,800 (10 , 10 CY 5 160.00 S 1,600.00 $ 90.00 S 900.00 $ 155,00 $ 1,550,00 690 CY $ 20,00 S 13,800.00 1 S 6,00 S 4,140.00 5 26.55 5 18,319.50 110 CY 5 25,00 S 2,750.00 5 15.00 $ 1,650.00 S 25.00 5 2,750.00 I LS 5 1,400.00 $ 1,400.00 S 500.00 .5 500 00 8 1,255,00 $ I,255.00 140 TON 1 5 22.00 5 3,080 00 5 32.00 S 4,480.00 5 19.20 $ 2,688.00 50' TON 5 95.00 S 4,750 00 S (00,00 S5,000.00 $ 87,00 S 4,350,00 41 SY S 70.00 5 2,870.00 S 55,00s 2,255.00 5 31310 S 1,271.00 480 FF S 23.00 $ 11,040.00 5 20.00 S 9.600.00 $ 27 00 S 12,960,00 120 LE S 17.00 $ 2,040.00 5 15,00 5 1,800.00 S 14.00 5 1,650 00 3 EA J $ 350.01) S 1,050.00 5 300.00 S 900.00 $ 450,00 S 1,350.00 140 LF 1 S 40.00 S 5,600.00 8 20.00 5 2,800,00 5 35 4U $ 4,95601/ 5 EA S 900.00 5 4,500.00 S 560.00 5 2,800.00 $ 750.00 5 3,750.00 3 EA 5 900.00 S 4,500.00 5 525.00 S 2,625,00 5 750.00 $ 3,750.00 I EA 5 900.00 5 900.00 $ 450.00 $ 450.00 5 775.00 S 775.00 LS 8 762,000.00 $ 762,000.00 5 860.5-11.00 5 860,541.00 5 908,534.25 S 908,534.25 LS 5 30,000.00 5 30.000.00 S 3000.00 S 30,000,00 5 30,000.00 5 30,000 00 1 LS S 215,000.00 S 215,000.00 $ 210,000.00 5 21(1,00000 5 209,817,00 $ 209,8I 7 (10 I 1,5 $ 105,000.00 5 105,000,00 5 101,000.00 S 101,000 00 5 100,245E10 $ 100,248.00 1 LS 5 10,000.00 5 10.000,00 S 10,000.00 $ 10,000,00 S 10,000.00 5 10.000.00 1 LS 5 203100,00 S 20.000 00 S 23.000.00 S 23,000.00 $ 15,860,00 5 15,860.181 625 SY $ 2.00 5 1.250.00 S 3.00 $ 1,875.00 5 1.00 S 625.00 51,308,4114AM 51,383,100,00 $1,431,045,00 I LS 5 ( 30,000.0)S (3).0(10 (NO 5 28,000.001 S (28,00)100 S (29,286 01:1) $ ( 29,286 00 ) For updated bidding information visit us at wvne.msa-ps,com 0M8800030.dForm 022610 1 of 1 TA0ULAT1011 PROJECT SCHEDULE CITY /lFLAKE AM {] INWOMDBO[lSTER STATION PROJECT NO. 2014-129 MARCH 2016 ENGINEERING, inc. Cara Gehem��E. Jack Griffin, P.E. Ryan Stempsk\P.s. Chad |ssksnn, p.s. 651.300.4261 651.300,4I64 651.300.4367 651.300.4283 January 21,Z014 Council Orders the Improvement for the Inwood Booster Station and the preparation ofPlans and Specifications, Project was delayed due bzdelay /n receiptnfMN-DEEDN/oterSy5ten7Gront. February 2,2O16 Council approves Plans and Specifications and orders Advertisement for Bids. March 3,Z0l6 Receive Contractor Bids, April 5,ZOl6 Council accepts Bids and awards Contract. April 24,2DI6 Conduct Pre -construction meeting and issue Notice toProceed. October ]1,2Ol6 Substantial Completion (booster station online and operationa|). January 15,20l7 Final Completion (punch list and final paporvvork). DATE: REGULAR ITEM # April 5, 2016 14 AGENDA ITEM: CSAH 15 (Manning Avenue) Phase 1 Improvements — Resolution Approving Cooperative Agreement with Washington County SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Sarah Sonsalla, City Attorney Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of nein 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: Estimated by County at $33,064.78. The County intends to require cost. participation from the City in the amount of S33,064.78 per the County Cost participation Policy for County Improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a Resolution Approving a Cooperative Agreement with Washington County for the State Aid Highway 15 (Manning Avenue) Phase 1 Improvements. LEGISLATIVE IIISTORY/BACKGROUND INFORMATION: The City Council approved a resolution of support for the CSAH 15 (Manning Avenue) Phase 1 Improvements at the October 20, 2015 council meeting. The improvements include a signalized intersection at CSAH 10 and at the south entrance of the Oakland Jr. High School, associated intersection -- page City Council Meeting [Regular Agencla item 14] April 5, 2016 turn lane improvements, drainage provisions, and a bituminous trail along the boulevard adjacent to Oakland Jr. High School. In accordance with the County Cost Participation Policy, the County is requesting City cost participation for these improvements in the amount of S33,064.78. This includes $12,628.38 for 55% share for right- of-way acquisition at the northwest intersection of CSAH 10 and CSAH 15; $10,023.60 for 50% share for a bituminous trail and concrete pedestrian ramps adjacent to Oakland Jr. High School and at the intersection of CSAH 10; $9,591.00 for 50% share for concrete curb and gutter along the west side of Manning Avenue; and $821.80 for mobilization, traffic control, and engineering design and construction administration costs. The cost participation estimate provided for the Cooperative Agreement is slightly increased from the estimate of $36,930 presented last October for Municipal Consent. Since Municipal Consent was provided last October, the County has finalized the design and received contractor bids For the improvements to begin construction this spring. The Cooperative Ain -cement sets forth the provisions that authorizes the County to implement the improvements including engineering design, construction administration, testing, right-of-way and easement acquisition, including the use of eminent domain, and retaining a contractor for project construction. The Agreement also outlines the City's obligations for cost participation including payment terms and schedule. The costs are estimated for the purpose of the Cooperative Agreement, however the actual cost participation by the City will be determined using the City's share of the actual project costs for each respective cost participation item. Staff has previously noted for Council that the approved design layout provides for a signalized intersection at the south school entrance. This intersection is near the required future City street access location based upon CSAH 15 access spacing guidelines. However, at the time that a development or other purpose requires a City street connection to Manning Avenue in this vicinity, it is highly probable that the entire intersection, including the traffic signals proposed by this project will need to be relocated at City cost or at the cost of a prospective developer. RECOMMENDATION: Staff is recommending that the City Council approve Resolution 2016-22 Approving a Cooperative Agreement with Washington County for the State Aid Highway 15 (Manning Avenue) Phase 1 Improvements. The recommended motion for the action is as follows: "Move to approve Resolution No. 2016-22 approving Cooperative Agreement 10144 with Washington County for the State Aid Highway 15 (Manning Avenue) Phase 1 Improvements." ATTACIIMENT(S): 1. Resolution No. 2016-22 Approving Cooperative Agreement 10144. 2. Cooperative Agreement 10144. 3. Exhibit A — Project Location Map. 4. Exhibit B — CSAH 15 Phase 1 Bid Abstract, 5. Exhibit C — CSAH 15 Phase 1 City Cost Participation Breakdown. -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-22 A RESOLUTION APPROVING COOPERATIVE AGREEMENT 10144 WITH WASHINGTON COUNTY FOR THE COUNTY STATE AID HIGHWAY 15 (MANNING AVENUE) PHASE 1 IMPROVEMENTS WHEREAS, the County intends to construct an improvement project on both County State Aid Highway (CSAH) 10 and County State Aid Highway (CSAH) 15 in the City of Lake Elmo, hereinafter referred to as the "Project"; and WHEREAS, items included in the construction contract require City cost participation in accordance with "Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects"; and WHEREAS, the County desires to use State Aid, bonds and local funds for these iniprovements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW, THEREFORE, BE IT RESOLVED, 1. That Cooperative Agreement 10144 between the City of Lake Elmo and Washington County is hereby approved and the Mayor and City Administrator are hereby authorized execute the agreement on behalf of the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF APRIL, 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-22 COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR DESIGN AND CONSTRUCTION COST OF THE COUNTY STATE AID HIGHWAY 15 AND COUNTY STATE AID HIGHWAY 10 INTERSECTION WASHINGTON COUNTY CONTRACT NO. 10144 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE - ENO OF PROJECT THIS AGREEMENT, by and between the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the County intends to construct an improvement project on both County State Aid Highway (CSAH) 10 and County State Aid Highway (CSAH) 15 in the City of Lake Elmo, hereinafter referred to as the "Project"; and WHEREAS, items included in the construction contract require City cost participation in accordance with "Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects"; and WHEREAS, the County desires to use State Aid, bonds and local funds for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit A (Location Map), Exhibit B (Bid Abstract), and Exhibit C (Lake Elmo Cost Breakdown). B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of all the plans and specifications for the project, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all County and City components of this Project. 2. The following County project numbers have been assigned to the project: SAP 082-610-014 (CSAH 10) and SAP 082-615-031 (CSAH 15). C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights -of -way, permanent easements, and temporary slope easements and shall be responsible for all land related costs. All permanent rights -of - way, permanent easements, and temporary easements will be acquired in the name of the County. 2. Any rights -of -way, permanent easements, and temporary slope easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. Page 1 of 5 D. ADVERTISEMENT AND AWARD K]FCONTRACT After plans and specifications have been approved bvthe County, all permits and approvals obtained, and acquisition of necessary rights -of -way and easements, the County shall advertise for construction bids and at the sole discretion of the County award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction adnnininbaUon, inapection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS |terno included in the project require City cost participation in accordance with "Washington County Cost Participation Pn|icy#80O1 for Cooperative Highway |nnpnJvonnent Projects", which isincorporated into this agreement byreference. The Qty'scost participation iSbroken down into four categories which are: 1\ Construction; 2) Design Engineering; 3> Construction Engineering/Contract Administration; 4) Flight of Way. 1 Construction Construction costs include the cost to construct the project. The County has prepared abid abstract and a City cost breakdown hereto attached as Exhibits B and C. The total project cost for construction was bid at $3.386.670.68 as indicated in Exhibit B. The City mhe|| pay to the County its share of the total cost as nhnvvn in Exhibit C and aunnnnarizOU in Table 1. 2. Design Engineering Design engineering Costs include the cost for professional design engineering services, project coordination, preparation of plans and specification, stake holder engagement, geotechnical studies and other administrative functions necessary for the project. The Cib/'uestimated cost share for design engineering is included in the costs for Construction Engineering and Contract Administration shown in Section F.3. 3. Construction Engineering/Contract Administration Construction Engineering/Contract Administration cost includes the cost of construction observation, construction testing, construction administration, staking, conducting and recording the prm'bid, pre -construction and weekly construction meetingn, reviewing monthly pay estimates, labor compliance, and other administrative functions necessary for the project. The City's estimated cost share for design engineering, construction engineering and contract administration io$121.00. 4. Right ofWay Right of Way cont includes the coat of all permanent right-of-vvay, permanent utility and/or drainage easements, temporary easements, title work costs, appraisal costn, relocation specialist costs, relocation oosta, and condemnation commissioner costs. The m8bnoat8d cost for right Vfway for the entire project is $22'960.60. The City shall pay 55percent ofthe final right ofway cost ansummarized inTable 1. Page 2 of 5 Table City of Lake Elmo Cost Summary ITEM 58% Estimated Construction O.48%Pn*rataItems (Mobilization &TrafficControl) Estimated Design Engineering, Construction Engineering and Contract Administration 55% Estimated Right of Way TOTAL ESTIMATED COST COST $19,614.60 $700.80 $121.00 $12,628.38 $33,064.78 5. Actual construction costs will be based on the contractor's actual quantities, and a reconciliation of actual costs to the estimated costs will be rnodo pursuant to section GA of this agreement. Actual costs associated with design engineering, construction engineering/contract administration, and right Ofway shall bedetermined otthe end ofthe project. G. PAYK0ENT 1. Construction a. The County has prepared a bid abstract and cost breakdown for the City (Exhibit B and Exhibit C) based on contractor's unit prices. The County will submit a copy of the revised summary tothe City. Upon receipt ofthe revised summary and invoice, the City shall pay Washington County an amount equal to 10 percent of the City's estimated construction cost. b. [}uhnU construction the County shall submit to the City an ertinnohad cont of the partial work performed by the Contractor. Upon receipt of this estimated cost. the City shall pay to the County its share of the onat of the partial work per -formed as determined in Section F of this AonaennenL c, Upon substantial completion of the work the County nho|| prepare a final cont participation summary which will be based upon the contract unit prices and the actual units of work performed and shall submit acopy ofthis summary tothe City. The County shall submit \n the City final reconciliation of costs, which will add or subtract contract amendments to the City'n Project components; adjustments for liquidated damages pursuant to Section |. and previous Project C0St payments made by the City to the County. If the amount of the total of the payments made bythe City pursuant toSection GA )sless than the actual cost tothe City of its portion of the Project, the City agrees to pay the difference between the estimated amount paid by the City and the actual cost ofthe City'o portion of the project. 2. Costs associated with design engineering, construction engineering/oontnactodnninistrntion' and right of way shall be invoiced by the County and paid by the City on a reimbursable basis. 5. In the event that the City paid more in advance than the actual cost of the City'o portion of the project, the County shall refund without interest the amount tothe City. 4. The City shall pay 100 percent ofan invoice amount within 30 days Ofreceipt. H. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and/or specifications of the City's portion ofthe project nhaUbenoadOp8do{theconntnucbonconknactthroughavvr#en amendment to the construction contract, but only after concurrence by the City Engineer, and the cost for such changes shall be appropriated as set forth in Section F of this Agreement. 2. Any utility or facility which is subsequently modified or added to the final approved plans and/or specifications shall become part of the construction contract and shall be paid for in accordance Page 3 of 5 with the County Cost Participation Policy as summarized in Section F of this Agreement. L LIQUIDATED DAMAGES Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total shore of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat, 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work orservices toberendered herein shall innoway be the obligation or responsibility of the County. M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, |ons, dannages, costs and expenses which the County may hereafter sustain, incur orbe required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance ofthis agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance n[this agreement. 3. Tothe fullest extent permitted bylaw, actions bythe parties tnthis Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471 .59. suUd. 1a. 4� Each porty'u liability shall be governed by the provisions of Minnesota Statutes, Chopter406 and other applicable law. The parties agree that liability under this Agreement iscontrolled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, Page 4 of 5 0. DATA PRIVACY All data co|lected, crnatad, reneived, mminta|ned, or disseminated, or used for any purposes in the course ofthis Agreement iagoverned bvthe Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01. oi8eq. orany other applicable state statutes and state rules adopted to implement the Act, no well an state statutes and federal nagu|nUonn on data privacy, IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized off im*rs. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Oo<e ' County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 5 of 5 Wc. '!R1' 01 ;;I• 1.yk: LAND (1WNSI-111' Ni,l3i41., AD> bth' AV I UN ; 1 • ICSA11 15 (Nlannin,,, ANL! N) & CSA11 10 Wost Lakeland "rowilship FT/ map Inc ,o,/tt a .rcl://ton TT/Tem at 13nd r,,./.1t, -,,Ltv4o,u1/mt,,,tan Taunt, 44rr WAMITator, COurtt, nat uJ i() SCANDIAT- NI.NY fiAvTovvNirov:\SI II, kLI.A ND Tow 1,:si AA. 19: (.2( TI-1.1.At ;I: CIROVN 0 tb. t„, c at a Mb eb Road CIasificution INTERSTATE HIGHWAY TRUNK HIGHWAY STATE TRUNK HIGHWAY COUNTY STATE AID HIGHWAY . 2 4 Scale I :260,000 6 8 MI SIR 1111111111111111111111111 Miles Intersection lmprovernent Project CSAH 15 & CSAH 10 ITEM NO. ITEM DESCRIPTION 2521,501 CONCRETE CURB & GU 2521.501 6" CONCRETE WALK 2521.511 3" BITUMINOUS WALK RIGHT OF WAY COST ER DESIGN B424 TOTAL ENGINEERING DESIGN & CONSTRUCTION ADMIN COST MISC. CONSTRUCTION COSTS (MOBILIZATION & TRAFFIC CONTROL) TOTAL TOTAL CITY PROJECT COST !Exhibit C„ City Cost Breakdown 3/30/2016 UNIT UNIT PRICE QUANTITY SHARE AMOUNT N FT SO FT SQ FT UMP SUM UMP SU LUMP SUM .80 1390 8.24 1010 50°/© 1.28 9160 50% $ 22,960.69 1 55% 21.00 21,000,00 0.58% 9,591.00 $ 4,161.20 $ 5,862,40 $12,625.38 $32242.98 21,00 700.80 $33,064.78 1 DATE: REGULAR ITEM # April 5, 2016 15 AGENDA ITEM: Downtown Phase I and 2 Street, Drainage and Utility improvements — Project Update SUBMITTED BY: Jack Griffin, City Eugineer THROUGH: REVIEWED BY: Cathy Bendel, Finance Director Chad isakson, Assistant City Engineer Kristina Handt. City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item and staff Report ..... ..... ........ Questions from Council to Staff Public Input (if appropriate) ...... ...... ...... ...... .. - Callfor Motion .......... .......... ........................................... Discussion ....... .... - Action on Motion. .......... ................ ....... POLICY RECOMMENDER: N/A. ....... ..........City Engineer Mayor Facilitates ..... ....Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates FISCAL IMPACT: Staff will be providing an update in regards to the project costs incurred to date and an estimate of project costs to completion as provided by Washington County and SEH. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to receive a brief staff Report to update the Council in regards to the Downtown Phase 1 and Phase 2 Improvements. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The City of Lake Elmo has partnered with Washington County to undertake significant infrastructure improvements within the Old Village area with Washington County acting as the lead agency through a Cooperative Agreement with the City. Washington County has retained SEH as the project engineering., consul tam. The improvements are necessary to address the extension of sanitary sewer to serve the existing residential and commercial properties in the Old Village area to replace the use of private on -site sewage -- page City Council Meeting April 5. 2016 [Regular Agenda Item 15] treatment systems, and to begin mitigating the recurring storm water flooding throughout the Downtown. As part of the project the City will be replacing the aged watermain pipes and reconstructing the public streets that are disturbed during the work. Likewise the County will be reconstructing Lake Elmo Avenue (CSAH 17) to meet County State Aid design standards. The Improvements are being constructed in two phases with the Phase 1 hnprovements having begun construction in 2015 and the Phase 2 Improvements beginning construction in 2016. The Phase 1 Improvements include sanitary sewer, watermain, street and storm sewer improvements, including on -street parking, trails, and sidewalks as approved by the City Council on February 5, 2015: • Lavenie Avenue from TI15 to Upper 33rd Street; • 36th Street from Lake Elmo Avenue to Laverne Avenue; and • Upper 33rd Street from Lake Elmo Avenue east to the new Village East Trunk Sewer. • Regional storm, water infiltration basin, The Phase 2 Improvements include sanitary sewer, watermain, street and storm sewer improvements, including on -street parking, trails, and sidewalks, retaining walls, landscaping and street Iigbts as approved by the City Council on April 21, 2015 and March 15, 2016: • 30th Street North, from the Lake Elmo Avenue to Lisbon Avenue North; • Lake Elmo Avenue North (CSAH 17) from 500-feet south of 30th Street North to CSAH 14; • 34th Street from Lake Elmo Avenue to 150-feet west; • 35th Street from Lake Elmo Avenue to the dead end; and • 36th Street from Lake Elmo Avenue to 200-feet west. The City Engineer will present a brief status report on the project including an update on project costs incurred to date and an estimate to completion for the Phase 1 Improvements together with an updated post -design estimate of total project costs for the Phase 2 Improvements. RECOMMENDATION: No action is being requested by this Agenda Item. ATTACHMENT(S): I. Village Sewer, Watenuain and Street Improvements Website write-up. . Website Project Phasing Exhibit. -- page 2 -- VILLAGE SANITARY SEWER, WATERMAIN AND STREET IMPROVEMENTS PROJECT CONTACTS: If you have any questions or concerns about Old Village infrastructure improvements please contact the City ofLake Elmo Engineering staff. * Jack Griffin, City Engineer 651.300.4264 |ack.prifK/i@FOCUSenoineehngmccom ° Chad |sakzon,Project Manager 651300.4283 chad.isaksonPFOCU5enRineerin2ioc.cnm CONSTRUCTION UPDATES. North Pine Aggregate, Inc. has been hived as the General Contractor tocomplete the Phase I Improvements during over the course of 2015. For weekly construction updates, please refer to the [oun1y'swebshehyclicking here (http://mn+washingtoncounty.civicp|us.cnm/index.aspx?N|D=2IZ7). SCOPE QFIMPROVEMENTS: The City of Lake Elmo is extending sanitary sewer to serve the existing properties in the Old Village area to replace the use of private on -site sewage treatment systems. As part of the project the City will be replacing the aged watermain pipes and reconstructing the public streets that are disturbed during the work. The Improvements will be constructed in phases and through separate projects with the initial project being constructed during the summer and fall ofJOl5.The following summarizes the current mm/k plan (please�i�� tnreference the project phasing noap): 2015 IMPROVEMENTS [SHOWN IN BLUE): The County and City will complete ajoint project including sanitarysewer, watermain, street and storm sewer improvements along Laverne Avenue from THSto ' Upper33 ^ Streat,3S* * Street from Lake Elmo Avenue toLaverne Avenue, and Upper 33 Street from Lake Elmo Avenue east to the new Village East Trunk Sewer. The improvements will be completed as approved by the City Council on February S, 20I5 and will include on -street parking, trails, sidewalks, landscaping, and street lights. 2016 IMPROVEMENTS |� RED]: The County and City will complete a)oirk project including sanitary sewer, vvatennain, street and storm sewer improvements a|ong3U,' Street from the Reid Park Lift Station to Lake Elmo Avenue, and Lake Elmo Avenue ([l4H 17) from 30`^ Street to TH5. The improvements will be completed as approved bythe City Council onApril 21, 2015 and will include on' street parking, trails, sidewalks, landscaping, and street lights. 2017'2019 |K1P0UVEK8ENT3 [������� ��.� ���E�)� The City will complete various projects to extend sanitary sewer laterals along local street corridors from the main line located in Lake Elmo Avenue and Laverne Avenue. Nospecific schedule or priority has been determined at this time. The City will likely prioritize these projects based onproperty owner request and need. The improvements will also include the replacement of existing watermain lines and the reconstruction of streets disturbed during the work. PROJECT FUNDING: As the lead project agency, Washington County will make all contractor and vender payments for the project design, construction and oversight. The City ofLake Elmo will reimburse the County for the Oty's cost shave of the project, making scheduled payments beginning in January ]OlG and ending in June 2017� City payments will be made using a combination of funding sources including Municipal State Aid funds, the water, sanitary sewer and storm sewer enterprise funds, fund reserves, bond funds, special assessments, and the general tax levy. Additional project funding and assessment details are asfollows, subject toapproval ofthe City Council: • Street, drainage, sidewalk, trail and street/la ndsca ping improvements will be assessed to the benefitting properties in accordance with the City Special Assessment Policy or as determined by the City Council. Residential properties are typically assessed 3O% oftotal costs onaper unit basis. Commercial and Public Facility property is typically assessed 100% of total costs on an adjusted front foot basis. ° Sanitary sewer improvements will be assessed 100% to the benefitting properties on a residential equivalent unit method (REC).Properties receiving a service stub will berequired tnconnect tothe system within Zyears nfcompletion ofthe project. VVatermain improvements will not be assessed to existing water system customers. VVatennain replacement costs will befunded through the water enterprise fund. Regional drainage improvements for flood mitigation efforts in the Old Village area will not be assessed. PRELIMINARY PROPERTY ASSESSMENTS AND COST IMPACTS: Preliminary assessments have been established by Council approval for the 2015 Improvements with the preliminary assessment rolls available at the link below for each impacted property. These amounts are not final. They may belowered bythe Council at the final assessment hearing, however thev cannot be increased. The assessment amounts may be lowered as more project details are determined, contractor bids are taken for the 2016 Improvements and actual construction costs are finalized. Please see the Feasibility report dated May 2015 for additional information on assessments and Please see the link belowforpreliminory assessment rollsfor each impacted property, • [by Streets: Street, drainage, sidewalk, trail and street/landscape improvement assessment (Laverne Avenue, 36mStreet, and Upper 33'«Street). = Residential property assessment is $9'200� = Commercial property assessment is$255 per lineal front foot. See assessment schedule. = Assessments are payable over IOyears ataninterest rate of5.SY6. * City Streets: Street, drainage, sidewalk, trail and landscape improvement assessment (3 01h Street). • Residential property assessment ix$7'80O. • Commercial property assessment is$2l7per lineal front foot. See assessment schedule. * Assessments are payable over lOyears ataninterest rate of5.SY6. w County Streets: Street, drainage, sidewalk, trail and landscape improvement assessment (Lake Elmo Avenue from 3OmStreet toTrunk Highway S). m Residential property assessment is$3'800. • Commercial property assessment is$8Zper lineal front foot. See assessment schedule. = Assessments are payable over lUyears ataninterest rate ofl5%. • Sanitary sewer improvement assessment: This assessment will be a unit assessment amount of$l4'00O for each residential property. • Residential property assessment is $14,000. • Commercial property assessment is$I4,U00per RECunit. See assessment schedule, ° Assessments are payable over ZOyears ataninterest rate of5.5Y6. • Additional sanitary sewer connection fees: Connection to the sanitary sewer will be required within 2 years ofthe City project. w Sanitary Sewer Availability Charge $3'0O0per KECunit payable over 2Oyears. ^ Sanitary Sewer Connection Fee - $1,000 per REC unit paid up front with permit. = Sanitary Sewer Permit Application Fee $65per connection paid upfront with permit. • Met Council Sewer Availability Charge $Z,4DSper RE[unit (2Ol5fee) paid upfront with permit. ° Cost to run your private line from the property line toyour home, This is property by property specific charge. A typical cost for this connection for a residential property is $5'000. • The City Assessment Policy includes Hardship deferral provisions for qualifying property owners, Adding itaUup,thetyp|ca|nsidentia|p/opertycanexpecLan~aUin"costuJ$I3,650to$29'75O.Forthiscost the property receives City sewer, including City and Met Council connection costs, a new watennain (not assessed), an improved Village drainage system, and a new street. The only additional cost is for each property to retain a contractor to connect your private sewer service to your home. A typical cost for this connection for a residential property is $2,000 to $5,000. ATTACHMENTS w Click here toview the 2015 Preliminary Assessment Rolls (|useu |v'| �o ^ Oickhenetoview theProjectPresertadonto[ound|\.nser1iiokm/eponuamoP�H ° Click henefor acopy nfthe project Feasibility Report (ose'r\inktof puW PDF) 32ND STREET 39TH STREET 2NL) STREET 31ST STREET 30TH STREET k:4";'0',44"'Ajet4,:ri:NaTN4'..A“,1$.41' LEGION AVE REID PARK LIFT STATION LEGEND 2014 CONSTRUCTION: 39TH STREET IMPROVEMENTS (CITY PROJECT) w 2015 CONSTRUCTION: VILLAGE EAST SEWER IMPROVEMENTS (PRIVATE PROJECT) 2015 CONSTRUCTION: VILLAGE STREET, SANITARY SEWER, AND WATERMAIN IMPROVEMENTS (CITY PROJECT) 2016 CONSTRUCTION: VILLAGE STREET, SANITARY SEWER, AND WATERMAIN IMPROVEMENTS (COUNTY PROJECT) FUTURE: TENTATIVE 2017-2019 CONSTRUCTION: VILLAGE STREET AND UTILITY IMPROVEMENTS (CITY PROJECTS) 1-111:. CITY OF AKE ELMO ENGINEERING OLD VILLAGE STREET AND UTILITY IMPROVEMENTS PROJECT Na 201,1.137 OCTOBER, 2014 CITY OF LAKE ELMO EXHIBIT NO,1 LOCATION MAP OLD VILLAGE STREET AND UTILITY IMPROVEMENTS CITY OF LAKE ELMO rc ?%"-EMFNIf, ri0:11.; ,SUI3TC/i Zi.)I ?Af c-01%.1111ft.'" - "-??T'21: co.S1T. CITY OF LAKE ELMO DOWNTOWN STREET, SANITARY SEWER AND DRAINAGE IMPROVEMENTS FEASIBILITY REPORT - 2016 IMPROVEMENTS 2015 twzr.izovvvukft u r,..iii:REET SEGMENTS ',.'•;:itd Si; oct, from ok Elmo AVGIII,r. 0Layel Upper 32)9 Stmet. flow Loyola) to Nasal Lave:ow /its-, nut), from Uoref 33rO Stmet to 3616 Slreel Laverne Avenue, from 3616 61ree1 to CSA )1 14 3611) 11161 L9e FiI,no Avenue In Loveme Alley i Schillgeo Pon3 SW1661 Astioncy) SUBTOTAL COST TOTAL 2015 IMPROVEMENTS PROJECT COST CITY COST SHARE COUNTY COST SHARE 20101111;1'11C)1O1i111111; RE:ci SEGIVIFNIS talt-L Limo ;Notate, flora 301)) time lo UPPN I ore Elr,,(»Vvc.Alue flom 36111 51,6e1 I al,t) Elmo Averaic florn $6)1; allot! to CSAI-1 14 3411 Aat Noll) from CSA1 I 17 Io 150-feet West 36111Aftelf1cOhi. from CSAH )7 to S1),-,09 End 36th Ave No[th, from CSAH 17 to 200 teet West 30)9 i11lrc06 f Ifa'h ft oat GSA) I 17 lot omen Avenue; SolitoMI 0); Atioricy) 51-113TOTAL COST TOTAL 2016 IMPROVEMENTS PROJECT COST CITY COST SI-IARE COUNTY COST SHARE TOTAL IMPROVEMENTS (7015 2016) CITY COST SHARE COUNTY COST SHARE STRili:T/DRAINACLT. (,I T1' COUN'IY $171,3113 50 1132,380 SO $441,567 $0 $4311 107 SO $220,238 20 $171,928 50 81.566,00 $1,565,063 $6,629,239 $6,564,672 64-2% $1,044,567 MP% REGIONAL DRAINACL SANITARY SEINE::: 6:11 Y COONTY 11)17 COUNTY $10E; 352 50 $40.9:,9 $0 S2,248,866 31.044,567 5331.819 $0 $864142 SU $80.0113 $0 50 50 110 50 SO St) 72:741.$01 4;4,1414,667 $3,785,946 111'rEtt1:ifONA11iA61r. `„,'.E:GIONAL 1.1RAINA17!. GI r 't uoUNTY CITY C,OUN'TY „ ... _ 5208,665 52,255,106 $0 SO $0 61.26,1048 5227,612 50 60 S:490.1)21 $26.404 50 $121,825 80 $0 $1418,324 50 $0 50E1,428 SO SO 51.2118.606 SO SO 14-1 665,8$8 $,1').- /64 ,. $254 016 $6,698,602 $254,016 $9,312,677 $5,579,913 69.9% $3,732,764 40.1% $15,941.916 $11,164,586 70.0f9 $4,777,331 30.0'/ $66 607 846 571) $71.204 $687,66 t I , 2057,8151 SAMTA l:),INER CILY 571313 ) $71,567 S63,3;3 SO $24,620 SO 1160.600 $0 S19.738 SD $475,735 $0 I 111,426 736 $1,436,740 __FUNDING SOURCE ----- WATER ENTERPRISE FUND MUNICIPAL. STATE AID ASSESSMENT REVENUE CITY DULIGATION SO 50 $0 50 COUI,r1 Y 30 50 SO wATERrAmw 5115 cm! -I chunicy 250 50 so so 6162 ft93 SO $266.181 50 !;16.1116 $0 50 $0 50 $61).2 $26,235 5552,543 $47,435 INAIERWAIN CITY S826,362 2761-1.607 6116668 50 895,286 SO $26,003 $0 50 $417,186 $0 $1,720,210 COUI4 50 so so so ArtiENITIES ANDSCAPF. $65,236 5141.825 $5,148 SO $0 AMENITIES LANDSCAPE ISTREETSCAPE $6,356 $7,400 50 $0 54,543 67 40D 55.240 50 $0.097 $7,400 $0 822.200 *REETSCAPE SO $12.200 $0 „T.0 50 SO 80 SO SO SO Si! ' 6212,009 I $1,730,310 L .., $293,009 TOTAL PROJECT SUMMARY BY INFRASTRUCTURE 5/ 6E6T606666GE 6 646604 00AM:65F ANI6NIT,E6 113,791,35 $2,995,397 $800,000 $1,083,793 $1,907,552 $2,995,397 16,61666 666:ER W61E46[66/6 $2,094,591 $2,283,253 $2,283,253 $2,086,000 $6,591 TOTALS 00E,06661P 6116111E6 $0 511,164,586 $2,283,253 $800,000 $3,169,793 $4,911,540 CITY OF LAKE ELMO duo ifees; CITY OF LAKE ELMO 1-.:I"ti,F.'f'L,'L(.:ti4i1,()V iviEWT` ..::.i`7.Er,_,3' 22.7k 7Lg:'!'= hi_BTF,}L IH) rt Ti IF, (Try )i= KE F LN" 0 AGENDA ITEM: AY0 COU CIL CO DATE: REGULAR ITEM UNICATIO April 5, 2016 Old Village Phase 2 Street, Drainage and Utility Improvements — Resolution Receiving Feasibility Report, Adopting Project Assessment Policy and Calling Hearing on Improvement SUBMITTED BY: Chad J. Isakson, Assistant City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER Introduction of Item Questions from Council to Staft Public Input, if Appropriate . ..... - Call for Motion Discussion .... - Action on Motion... ..... ........ ...... City Engineer ..... City Engineer ..... Mayor Facilitates .. ...... Mayor Facilitates Mayor & City Council ..... Mayor & City Council ..... ....... Mayor Facilitates 16 POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. The Feasibility Report was previously authorized. Calling for and conducting Public improvement Hearing is included in the feasibility report scope of services. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider adopting a Resolution receiving the Feasibility Report, Adopting Project Assessment Policy and calling for a Public Improvement Hearing for the Old Village Phase 2 Street, Drainage and Utility Improvements to be held on May 3, 2016. pag City Council Meeting [Regular Agenda Item 16] April 5, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: A feasibility report was authorized by the City Council on February 2, 2016 in order to ready these improvements for 2016 construction. The feasibility report is needed to meet state statutory requirements if any portion of the project is to be assessed to benefitting properties. The report identifies the necessary improvements, the estimated project costs, the assessment methodology and preliminary assessment amounts to be levied against properties adjacent to and benefitting from the street and sanitary sewer improvements. The report addresses street, drainage and utility improvements for the following cortidors: • 30th Street North, from the Lake Elmo Avenue to Lisbon Avenue North. • Lake Elmo Avenue North from 500-feet south of 30th Street North to CSAH 14. • 34th Street from Lake Elmo Avenue to 150-feet west • 351h Street from Lake Elmo Avenue to the dead end • 3611' Street from Lake Elmo Avenue to 200-feet west The total estimated project cost for the Phase 2 improvements is $9,312,677. The estimated total cost of the street and landscape improvements are $5,810,611, sanitary sewer improvements are $1,436,740, streetscape improvements are $81,000, regional drainage improvements are $254,016, and water system improvements are $1,730,310. The street and landscape improvements and extension of sanitary sewer are proposed to be assessed against the benefitting properties consistent with the City's Special Assessment Policy. Street improvement assessments are proposed at a rate of 30% for residential properties using a unit method, and 100%© for commercial properties based upon the actual front footage. Extension of sanitary sewer is 100% paid for by the benefitting property owners using a residential equivalent unit method. The remainder of the project costs are proposed to be paid through a combination of inunicipal state aid funds, water enterprise funds, and general funds. Due to the unique nature of the Village project, the Finance Committee was directed to review and consider multiple assessment methodologies. The feasibility report presents the assessment methodology as recommended by the Finance Committee and approved by the City Council as a part of the Phase 1 Improvements feasibility report process. Assessments for street improvements are levied over 10 years while the sanitary sewer improvements would be levied over a 20 year period. Additional cost breakdown, assessment information, and financial detail is presented in the Feasibility Report. RECOMMENDATION: Staff is recommending that the City Council adopt Resolution No. 2016-24, receiving the Feasibility Report, Adopting Project Assessment Policy and calling Hearing for the Old Village Phase 2 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: -- page 2 -- City Council Meeting [1?egalat- Agenda hem 161 April 5, 2016 "Move to adopt Resolution No. 2016-24, receiving the Feasibility Report, Adopting Project Assessment Policy and Calling Hearing fOr the Old Village Phase 2 Street, Drainage and Utility Improvements." ATTACHMENT: I. Resolution 2016-24 Receiving Report, Adopting Project Assessment Policy and Calling for Hearing on Improvetnents. 7, Notice of Hearing on Improvement. 3. Location Map. 4. Project Schedule. 5. Feasibility Report (available for rerielt., at City Hall) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-24 A RESOLUTION RECEIVING A FEASIBILITY REPORT AND ADOPTING PROJECT ASSESSMENT POLICY FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to city council authorization, adopted on February 2, 2016, a feasibility report has been prepared by FOCUS Engineering, Inc. for the Old Village Phase 2 Street, Drainage and Utility Improvements; and WHEREAS, the feasibility report recommends that benefitting properties be assessed all or a portion of the cost of the improvements pursuant to the city's Special Assessment Policy and Minnesota Statutes, Chapter 429; and WHEREAS, the feasibility report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW, THEREFORE, BE IT RESOLVED, l. That the City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all or a portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429 at an estimated total project cost of $9,312,677; consisting of the street and landscape improvements at $5,810,611, sanitary sewer improvements at $1,436,740, streetscape improvements at $81,000, regional drainage improvements at $254,016, and water system improvements of $1,730,310. 7 A public hearing shall be held on such proposed improvements on the 3rd day of May, 2016, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give 'nailed and published notice of such hearing and improvement as required by law. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF APRIL, 2016. CITY OF LAKE ELMO By: Mike Pearson (Seal) Mayor ATTEST: Julie Johnson City Clerk Resolution No. 2016-24 CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, May 3, 2016, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The street, landscape and streetscape improvements are proposed along Lake Elmo Avenue from 500 feet south of 30th Street North to CSAH 14 and 30th Street from Lake Elmo Avenue to Lisbon Avenue North, 34th Street from Lake Elmo Avenue to 150-feet west, 35th Street from Lake Elmo Avenue to the dead end, and 36th Street from Lake Ehno Avenue to 200-feet west. The improvements consist of reconstruction of the existing streets with concrete curb and gutter, installation of a storm sewer system, replacement of aged watermain, boulevard trees, ornamental street lights, and sidewalk installation. The sanitary sewer improvements include the extension of existing sanitary sewer along Lake Elmo Avenue from 500 feet south of 30th Street North to CSAH 14 and 30th Street from Lake Elmo Avenue to 200 feet east of Legion Avenue, 34th Street from Lake Elmo Avenue to 150-feet west, 35th Street from Lake Elmo Avenue to the dead end, and 36th Street from Lake Elmo Avenue to 200-feet west. Improvements will include a service stub to each benefitting property to the property line. The area proposed to be assessed for the street improvements include the properties directly abutting Lake Elmo Avenue, 30th Street, 34th Street, 35th Street, and 36 Street as detailed above. The total estimated project cost for the Phase 2 improvements is $9,312,677. The estimated total cost of the street and landscape improvements are $5,810,611, sanitary sewer improvements are $1,436,740, streetscape improvements are $81,000, regional drainage improvements are $254,016, and water system improvements are $1,730,310. The watermain replacement and regional storm sewer system will not be assessed. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to he heard with reference to the proposed improvements will be heard at this meeting. DATED: April 5, 2016 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale -Lake Ehno Review on April 13, 20.16 and April 20, 2016) z z 32ND ST N 3IS` ST N REID PARK LIFT STATION 30TH ST N LEGEND OLD VILLAGE PHASE 2 - STREET. DRAINAGE AND UTILITY IMPROVEMENTS ENGINEERING OLD VILLAGE STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2016,124 MARCH, 2016 CITY OF , LAKE ELMO EXHIBIT NO. LOCATION MAP OLD VILLAGE PHASE 2 STREET,DRAINAGE AND UTILITY IMPROVEMENTS PROJECT SCHEDULE CITY OF LAK ELMO OLD VILLAGE PHASE 2:STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2O16.134 MARCH 2016 ENGINEERING, inc. CnmGehepen, P.E. Jack Griffin, K[. Ryan Stempdki,P.E. Chad |sak,on,p.E. 651.300.4261 651380.4264 651.300-4267 *51.300.4283 FE8RUARYS,2UlS Council approves Phase 2 Municipal Consent. County proceeds with Final Design. FEBRUARY2,2DI6 Council authorizes the preparation ofthe Phase IFeasibility Report. FEBRAURYl6,2O16 County presents final plans and specifications. No formal action required. MARCH,lOI6 County posts advertisement for bid. APR|L5,2Ol6 Council accepts Report; and adopts project assesamoentpo|ioy.[aUsPub|ic Improvement Hearing. APR|L5,30l6 APR|L8,2U16 MAY ],2Ol6 MAY, 2016 County Accepts Contractor Bids. Notice ofPublic Hearing (Publish April l3and April IO,2Ul6). Puh|ic|nnprnvernentHeahn&.Counci|approvcs^Concurnence"ioamardconLract. Council Orders the /noo,nvernentfor the Old Village Phase 2: Street, Drainage, and Utility Improvements (Requires 4/5 th vote). Start ofPhase 2 Construction. * NOVEMBER,2OIb Substantial Completion. • ]ULY,2017 Final Completion. MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/16 REGULAR ITEM #: 17 MOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: City Code Chapter 31 Clark Schroeder Sarah Sonsalla Julie Johnson 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 City council can change the city code Chapter 31 .BACKGROUND AND STAFF REPORT: Throughout the fall of 2015 and winter of 2016, the City Council along with staff, have been working on incorporating suggestions from the League of Minnesota Cities' Mayor's Handbook and merging it with our current city code chapters 31,01-31.07. A number of meetings were held to receive Council's input and suggestions. These suggestions and the LMC Handbook were merged into our current city code, reviewed and edit by our City Attorney, and are attached to this merno. RECOMMENDATION: "Move to replace the current chapter 3.01-31.07 with the attached chapter 3131.01-31.07" ATT ACHMENT(S): Reellined chapter 31, MO clean versions chapter 31 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-133 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE CITY'S PROVISIONS RELATED TO THE CITY COUNCIL SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 31 of the City Code by deleting sections 31.01 through 31.11 in their entirety and replacing them with the sections as follow: § 31.01 MEETINGS. (A) Authority. City councils are authorized to adopt rules of procedure and provide for order at their meetings. (1) Parliwnentaty procedure. Except as specifically provided under statute or these parts, the most current version of the Robert's Rules of Order Revised governs any question of parliamentary procedure that arises at a city meeting. (B) Purpose. The purpose of this policy on City Council meetings is to set the groundwork for orderly and respectful communications between, and among council members, city staff, and citizens to promote the efficient working of the public's business at City Council meetings. (C) Regular meetings. Except as provided herein, regular meetings shall be held at City Hall beginning at 7:00 p.m. on the first and third Tuesdays of each month. The City Council may cancel regular Council meetings by adopting the appropriate motion at any duly called Council meeting. The City Council may change the date, time, and/or place of a regular meeting by adopting the appropriate motion at any duly called Council meeting and by posting a written notice of the date, time, and place of the rescheduled meeting on the city bulletin board and at the main entrance to the City Hall at least 3 days before the date of the rescheduled regular meeting. (1) Quorum. A simple majority (3) of the Council shall constitute a quorum for the valid transaction of any scheduled business to come before the Council. (2) Locution. All ineetings, including special, recessed, closed, and continued meetings, shall be held in the City Council chambers, located at City Hall, unless otherwise designated, pursuant to Minn. Stat, § 13D.04, subd. 2. (3) Schedule. A schedule of regular meetings shall be kept on file with the city clerk. (4) Recessed or continued meetings. When a meeting is recessed or continued, the presiding officer shall state the time and place for the next meeting to occur pursuant to Minn. Stat. § 13D.04, subd. 4. The time and place shall also be noted in the minutes. If the time and place is stated and noted in the minutes, no additional notice of the meeting is required, unless otherwise required by law. However, if the time and place is not stated and noted as required herein, compliance with the notice procedures for a special meeting, as defined in this Section, shall be required. (D) Open Meeting Law. The Minnesota Open Meeting Law ("OML"), Minn. Stat. Ch. I 3D, generally requires that all meetings of public bodies be open to the public. (1) Principles. The presumption of openness in the OML serves three basic principles: (a) To prohibit actions from being taken at a secret meeting, where it is impossible for the interested public to become fully informed concerning the decisions of public bodies, or to detect improper influences; (b) To ensure the public's rightto be informed; and (c) To afford the interested public an opportunity to present its views to the public body on matters of public interest. (2) The City Council views providing and encouraging citizen access to city meetings as one of its most important duties. As a result of this principle, all Council and committee meetings, including special meetings, with the exception of closed meeting, as required by Minn. Stat. Ch. 13, shall be open to the public. (3) In calculating the number of clays for providing notice under the OML, the first day that the notice is given is not counted, but the last day is counted. If the last day is a Saturday, Sunday, or legal holiday, that day is omitted from the calculation and the day following the Saturday, Sunday, or legal holiday is considered the last day. (4) In keeping with the intent of the OML, Council members shall not use any form of communications technology, such as text messaging or email, to communicate with another person during a public meeting in a manner that is hidden or shielded from public view. (5) Pursuant to Minn. Stat. § 13D.01, subd. 6, at least one copy of the written materials made available to the Council at or before the meeting shall also be made available for inspection by the public, excluding any non-public data, attorney -client privileged data, or materials related to agenda items of closed meetings, or anything else otherwise deemed not public by any applicable law. 2 (E) Special meetings. Special meetings may be called by the Mayor or by any two (2) Council members filing a written notice with the city administrator. At least three (3) days prior to the date of the special meeting, the city administrator shall provide notice to all members of the Council and to each person who has filed a written request for notice of special meetings, and shall post the notice on the city bulletin board and at the main entrance to City Hall. The notice shall indicate the date, time, place, and purpose of the special meeting. If matters not directly related to the purpose of the special meeting are discussed or acted upon at the special meeting, the minutes of the special meeting shall include a specific description of the matters. Days shall be counted as provided in paragraph (D)(3) above. Notice to the public of special meetings must be given pursuant to Minn. Stat. 13D.04, subd. 2. (1) Closed Meetings. The OML allows or requires some meetings to be closed to the public for certain defined purposes. When a meeting is closed, the presiding officer at the meeting shall state for the record the reason for closing the meeting and cite the specific provision of law allowing or requiring the meeting to be closed. The presiding officer shall also ensure that meetings are recorded, if required by law. (F) Emergency meetings. An emergency meeting is a special meeting called by the Mayor or any two (2) Council members because of circumstances that in the judgment of the Mayor or any two (2) Council members require immediate consideration by the Council. The person or persons who call the emergency 'reefing shall make a good faith effort to contact all Council members and, as soon as reasonably practicable after notice has been given to Council members, all members of the news media who have filed a written request for notice of emergency meetings if the request includes the news media's telephone number. The notice shall include the date, time, place, and purpose of the emergency meeting. If matters not directly related to the emergency meeting are discussed at an emergency meeting, the minutes of the emergency meeting shall include a specific description of the matters. (G) Business conducted at special or emergency meetings. No business shall be transacted at special or emergency meetings unless the business shall have been specified, in the notice, without the consent of all of the members of the Council present. Any member present at any special or emergency meeting who fails to object and have their objections entered in the minutes of the special or emergency meeting will be conclusively presumed to have consented to the transaction of all business transacted at the special or emergency meeting and no objection may thereafter be raised by a Council member that the notice of the special. or emergency meeting was defective. (H) initial meeting. At the first regular Council meeting in January of each year, the Council shall: (1) Appoint an acting mayor, who shall act as mayor in the mayor's absence, pursuant to Minn. Stat. § 412.121; Select one official newspaper pursuant to Minn. Stat. § 412.831; (I) (3) Select an official depositor v for city fimds. This must be done within 30 days of the state of the city's fiscal year pursuant to Minn. Stat. §§ 427.01-.02; 118A.02, subd. 1; and 427.09; (4) Review the Council's bylaws and make any needed changes; (5) Assign committee duties to members. All assigrunents of Council members to serve on city boards, commissions, and committees shall be by a majority vote of a quorum of a duly called meeting, unless otherwise provided by law; (6) Approve official bonds that have been filed with the clerk; (7) Appoint a city attorney; and (8) Appoint a city engineer. Public meetings. All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be conducted in accordance with the Minnesota Open Meeting Law. (1997 Code, § 200.01) (J) Ground rules. Each Council member shall abide by the following ground rules for interaction with each other and with members of the public at Council meetings. All Council members shall assist the presiding officer in preserving order and decorum and in providing for the efficient operation of the meeting. Council meetings shall be conducted in a courteous manner that recognizes the validity of differing viewpoints and promotes the ideal of respectful democratic discussion and debate that is free of insult, slander, and personal attacks or threats. (1) Respect others. Council members should: (a) Respect each other and the process; (b) Assume each Council member is being honest and genuine in the expression of his or her views; Not shame or blame others; (d) Not talk about people who are not present; and (e) Respect residents of the city and city staff. (2) Listen. Council members should: (a) Not interrupt while others are speaking; (b) Ask clarifying not interrogating questions; 4 (c) Use "1" statements not "You" statements; (d) Discuss and debate ideas in a civil manner; (e) Be respectful of the ideas of others even if they don't agree with your ideas; and (f) Keep side conversations to a minimum. (3) Accountability. Council members should: (a) Participate to the best of their ability; (b) Be responsible for making sure all voices are heard; (c) Be accountable for what they do and say; (d) Hold each other accountable in a civil way; (e) Be responsible for their part of a problem or issue; (0 (g) Be accountable for the use of infonnation by not misusing infonnation or by providing incorrect information; and Be responsible for reviewing agenda items and support information. (4) lake risks. Council members should: (a) Take risks, be authentic and speak truthfully; and (b) Not be hostile or harassing toward others for taking risks. (5) Be open. Council member should: (a) Be open to other's stories and realities; (b) Be open to partially -formed ideas; (c) Learn from mistakes; (d) Be open to a change of heart and mind; and (e) Not operate from fear. (6) Personal reaction. Council members should not take things personally, and focus 5 on the ideas being expressed, not the person expressing the ideas. (7) General rules gldecoruin. To effectuate the following ground rules, all Council members shall. conduct themselves at all times in a manner consistent with the following: (a) No Council member shall engage in private conversation or pass private messages while in the chamber in a manner so as to interrupt the proceedings of the Council; (b) No Council member shall leave his or her seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; (c) No Council member shall use profane or obscene words or gestures, or unparliamentary language, or use language that threatens harm or violence toward another person during at any time; (d) No Council member shall speak on any subject other than the subject in debate; (e) No Council member shall speak without being recognized by the presiding officer, nor shall any Council member interrupt the speech of another Council member; (f) No Council member shall disobey the Council's Rules of Order and Procedure as adopted or a decision of the presiding officer on questions of order or practice or upon the interpretation of the rules of Council; No Council member shall engage in disorderly conduct that disturbs or disrupts the orderly conduct of any meeting; and (h) No Council member shall engage in conduct which delays or interrupts the proceedings or which hinders honest, respectful discussion and debate. § 31.02 PRESIDING OFFICER. (A) Presiding Weer, The mayor shall preside at all meetings of the Council unless another person has been designated by majority vote of the Council to preside over any or all meetings for a specific period of time. (1) Role qf the presiding officer. The presiding officer shall preserve order, enforce the Council Rules of Order and Procedure as adopted, and determine, without debate, all questions of procedure and order, subject to the final decision of the Council on appeal as provided in this Section. The presiding officer shall determine which member has the right to speak and may move matters to a vote 6 once the officer has deteimined that all members have spoken. The presiding officer may determine whether a motion or proposed amendment is in order and may call members to order. Except as otherwise provided by statute or by the provisions of this Chapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Roberts Rules of Order. (2) Adjourning a meeting. If considered necessary, because of grave disorder as determined by the presiding officer, the presiding officer may adjourn or continue any meeting to another time or suspend the meeting for a specified period of time. (3) Designation ° a sergeant -at -arms. The presiding officer may request that local law enforcement designate a member to serve as a sergeant -at -arms at Council meetings. The sergeant -at -arms shall carry out all orders or instructions given by the presiding officer for the puipose of maintaining order and decorum at meetings. (4) Motions and voting. The presiding officer may make motions, second motion, speak on any questions, and vote on any matter properly before the Council. This provision does not apply to non -elected presiding officers designated under this section. (5) Absences presiding officer. In the absence of the mayor, the acting mayor shall preside. In the absence of both the mayor and the acting mayor, the city clerk/administrator shall call the meeting to order. The first order of business shall be to select a presiding officer for the meeting from the members present. The city clerk/administrator shall preside until the Council members present choose a member to act as presiding officer. (6) Appeals and ruling of the presiding officer. Any member of the Council may appeal to the full Council a ruling on order or procedure made by the presiding officer. (7) Procedure for appeals. An appeal is made by motion. No second is needed for the motion of appeal. The member making the motion may speak once solely on the question involved, and the presiding officer may speak once solely to explain their ruling, but no other Council member may participate in the discussion. (8) Once both the maker of the motion and the presiding officer has spoken, the matter must be voted upon by the Council as a whole. (9) The appeal shall he sustained if it is approved by a majority of the members present, exclusive of the presiding officer. (10) Temporary designation of a presiding officer. The presiding officer may choose to designate a temporary presiding officer before participating in debate on a given matter. The presiding officer shall resume presiding as soon as action on 7 the matter is concluded, § 31.03 MINUTES. (A) Minutes constitute a vital record of the city and are the best means of preserving Council intent, findings of fact, and action. Pursuant to Minn. Stat. § 412.151, the city clerk must keep a minute book. The minute book shall contain, at a minimum, the following: (1) (2) (3) (4) (5) (6) (7) (8) (9) The Council members who are present; The type of meeting (regular, special, continued, closed); Date and place of the meeting; Time the meeting was called to order; Approval of minutes of the previous meeting, with any corrections; The members who make or second any motions; A record of all members and their vote for any roll call votes; The subject matter of all proposed resolutions or ordinances; Whether any resolution or ordinance is approved or disapproved by vote of the Council; (10) The votes of each member voting, including the mayor, and the votes of any member not voting (e.g. abstentions, including reason for abstention if given, not present); (11) A statement of the findings of fact and an explanation of Council action, including specific reasons for approval and disapproval of specific resolutions or ordinances, on all land use and licensing matters; (1 2) Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount; (13) Approval of hourly rates paid for services provided, mileage rates, meal - reimbursement amounts, and per diem amounts; (14) A list of all transfers of funds; (15) Authorizations and directions to invest excess funds, and information on investment redemptions and maturities; 8 (16) The identity of any party to whom a contract was awarded; (17) Appointments of representatives to committees or outside organizations; and (18) The name of all citizens appearing before the Council during the public comment period along with a brief summary of the subject matter of their comments. (B) The minutes of each meeting shall be typed and signed by the clerk/administrator, Copies of the minutes shali be included in the agenda for the next Council meeting. (C) Meeting minutes shall be considered and approved at a future meeting. (1) (2) (3) Meeting minutes do not need to be read aloud; The presiding officer shall call for any corrections; If there is no objection to a correction, it will be made without a vote of the Council; (4) if there is an objection, the Council shall vote upon the addition or correction by a roll call vote; (5) (6) Council shall take formal action by vote to approve the minutes as distributed, with any corrections or amendments made as described herein; and Minutes shall be published as required by Minn. Stat. §§ 412.191, 331A.08, subd. 3, 331A.01, subd. 10. § 31.04 ORDER OF BUSINESS AT REGULAR MEETINGS. (A) Orci appointed for Council at its (1) er established. Each meeting of the Council shall convene at the time and place the meeting. Council business shall be conducted in the order determined by the first annual meeting or as thereafter amended by the majority vote of the Council • Order of Business. The standard order of business for Council meetings shall be the following: Call to Order/Pledge of Allegiance; Approval of Agenda; Approval of Minutes from Past Meeting(s); Presentations; Consent Agenda; 9 Regular Agenda; Public Comment Period; Report of the Council; Reports from City Staff; and Adjourn. (B) Agenda. An agenda wili be prepared for all regular Council meetings by the city clerk/administrator or their designee. Agenda items may be placed on the agenda by Council members and staff. Members of the public wishing to place an item on the agenda must do so by contacting city staff or Council members, or by speaking during the public comment period. No member of the general public may add any items to the agenda. (1) Special Meetings. When a special meeting is called pursuant to applicable law, the agenda for the special meeting must be included in the request for the meeting and in the publication of the notice of the meeting pursuant to Minn. Stat. § 13D.04, subd. 2. Agenda Procedures. Any person, including Council members, wishing to add an item to any agenda pursuant to this Section shall do so by complying with the following: (a) All requests to place an item on the agenda must be received by the city clerk/administrator by 10 a.m. five days prior to the next Council meeting. For a regularly scheduled Tuesday meeting, the deadline for agenda items would be I 0 a.m. on the preceding Thursday, (b) All requests to place an item on the agenda must be on the form prescribed by the city clerk/administrator. The form shall be completed with the goal of clearly describing the subject matter to be considered by the Council and any action requested or required. Supporting information may be attached to the form as necessary. (c) All requests to place an item on the agenda by city staff or Council members must be reviewed by the city clerk/administrator or their designee prior to being included in the agenda. (d) The agenda, along with all related information materials, will be provided to all City Council members and the city attorney at least three days prior to the Council meeting for which it applies. For a regularly scheduled Tuesday meeting, the packet will be provided by 5 p.m. the Friday preceding. 10 (C) Consent Agenda. A consent agenda may be used to improve the efficiency of meetings. The consent agenda allows the Council to consider several items at one time. Only one motion is necessary to approve all items on the consent agenda. (1) Items that require findings of fact or an explanation of Council actions, such as land use matters and the consideration of licensing requests, should not be placed on the consent agenda. (2) An item on the consent agenda may be removed from such agenda for full consideration by the Council upon request made by any member of the Council. Items removed from the consent agenda will be placed on the regular agenda for discussion and consideration. (D) Presentation, discussion and agenda item decisions. The following is the order of business for presenting and discussing items on Council agendas: (1) Introduction of item; (2) Report by staff or other presenter; () Questions from Council members to the presenter in a round robin manner. The Mayor will facilitate the round robin process by asking each individual Council member for one question and allowing for a response to the individual question. Then the Mayor will ask the next Council member, in sequence, until all Council members have asked and received responses to a question. No Council member shall take more than three minutes to ask a question or comment on an item which is being presented before another Council member has a turn to question and comment on the same item; (4) Receive questions/comments from the applicant/requesting party to the Council, and allow each Council member to respond in the round robin process; (5) Allow questions from Council members to the applicant/requesting party, if applicable, using the round robin process; (6) Allow questions/comments from the public to Council members. Each member of the public shall state his or her comments in three minutes; (7) (8) At the conclusion of the round robin process, the Mayor calls for a motion or discussion among the Council. Discussion on any presentation shall be kept to a minimum, and each Council member shall only speak once on the issue. This action is not an indication that the motion on the table is the motion that will be approved in its current form. It is purely for discussion purposes; Discussion among Council members using the round robin process; 11 (9) Action by the Council on the motion. (E) Meeting Schedule. Each meeting of the Council shall convene at the time and place appointed. All public hearings shall commence at the advertised time. (2) Council business shall be conducted in the order of the prepared agenda, unless an alteration is approved by a majority of the Council. The last item on the agenda will be commenced no later than 12 a.m. (4) If all business has not been completed by 12 a.m., the meeting shall be continued to another date and time following the notice provisions contained herein. (F) Public participation and conunent at council meetings. Council meetings are the forum for the Council to conduct the city's business. While Council meetings are open to the public pursuant to the Minnesota Open Meeting Law, they are not a forum for public expression. As such, members ofthe public are not allowed to participate in Council discussion and debate without a specific invitation and/or formal recognition by the presiding officer. Members of the public shall not applaud, engage in conversation, or engage in other behavior through words or actions that may disrupt the proceedings of the Council. (G) Membets q the public shall follow the direction of the presiding officer. Members of the public who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting„ After such warning, if the conduct continues, the presiding officer may ask the member of the public to leave the meeting room. If the member of the public refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-arrns to remove the person through any lawful means. In emergency situations, or where the conduct is an egregious threat to the safety of the public or the Council, a warning is not necessary before the sergeant -at -arms is directed to remove the person. (H) Public C011111-lelli period. A limited forum for members of the public to speak with the Council is provided on each agenda. Public comments during the public comment period are subject to the following limitations: ( I) Speakers must be recognized by the presiding officer before speaking and are limited to six minutes for comment; (2) When multiple speakers appear to speak on the same topic, comments should not be repetitive. The presiding officer may request speakers to appoint a spokesperson; (3) The presiding officer may place a time limit on the public comment period if necessary to allow for the conduct of city business. If there is not sufficient time 12 at the meeting to hear all public comments, the comment period may be deferred to the next regular Council meeting or at a continued meeting; (4) Speakers must sign up prior to speaking and provide their name, address, and a brief summary of the subject matter which they wish to address. The sign-up sheet will be available at the start of the City Council 'fleeting; (5) Speakers must direct their remarks toward the presiding officer; (6) Speakers shall not use obscene, profane, insulting, or threatening language, nor conduct themselves in a threatening, loud, or boisterous manner that disrupts the conduct of the meeting or the security of the public; (7) (8) Speakers are required to follow the direction of the presiding officer; and The Council will generally not respond at the same meeting where an issue is initially raised by a member of the public. Generally, the matter will be referred to staff for further research and possible report or action at a future Council meetino. (I) Public Hearings. Public hearings are sometimes required by law to allow the public to offer input on Council decisions. Unlike public comment periods, public hearings allow the public to speak on a matter currently before the Council. When public hearings are required by law, notice shall be provided as required by state statute. Public hearings shall be commenced at the time advertised in any notice required by law. (1) Gciieralproccclureforpiibiic hearings. The order of business for all public hearings conducted by the Council shall be: (a) Opening comments by the presiding officer announcing the purpose of the public hearing; (b) The presiding officer opens the public hearing portion of the meeting; StalTpresentation, if any (i.e. administrator/clerk, attorney, engineer etc.); (d) Developer/other presentation, if any; (e) Public comment (all individual comments limited to six minute maximum); (f) The clerk/administrator shall make note of any submitted written testimony; and The presiding officer formally closes the public hearing portion of the meeting. 13 (2) Speakers who wish to address the Council at a public hearing must follow the same rules as contained herein for public comment periods. The presiding officer may allow more time, where appropriate. (3) Speakers may also provide written comments to the Council before or at the meeting. Written comments shall be noted and provided to the Council and to anyone else as required by law. (4) The presiding officer may continue the hearing, if necessary, following the procedures for continuing a meeting contained in this Section. § 31.05 VOTING. (A) The votes of the Council will be taken by voice or hand vote. The presiding officer shall announce the results of all votes of the Council. (B) A clear statement of the mat -ter being voted upon and the names of those voting for and against the matter shall be recorded in the official minutes. (C) The presiding officer may ask for a roll call vote to be conducted by the clerk/administrator on any motion of resolution. (D) The clerk/administrator may ask for a verification roll call if the vote of a Council member is not clear on the voice vote. (E) A majority vote of the quorum present shall be sufficient for all matters before the Council, unless otherwise provided by state law. (F) Any Council member may abstain from any vote for reasons that are not necessarily a conflict of interest. (G) If any Council member is present but does not vote, the minutes, as to his or her name, shall be marked ''Present -Not Voting." § 31.06 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, PROCLAMATIONS AND COMMUNICATIONS. (A) Signing and publication proof Every ordinance and resolution passed by the Council shall be in writing and signed by the Mayor, attested by the clerk, and filed by the clerk in the ordinance or resolution book. Unless otherwise provided by law, no ordinance shall require more than one reading and all ordinances shall be adopted by a majority vote of Council members present at the Council meeting. Proof of publication of every ordinance shall be attached and filed with the ordinance. (B) Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision shall give the number, if any, and the title of 14 the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part shall set forth in full each amended section or subdivision as it will read with the amendment. (C) 44Cryoral and city proclamations. Except as otherwise provided by law, all mayoral and city proclamations recognizing events, persons, and official observances shall be adopted by a majority of the Council members present and voting at the meeting where such proclamation is presented for adoption. (D) Seating assignments. Council members shall occupy the chairs assigned to them by the presiding officer, but two Council members may exchange seats by joining in a formal request to the presiding officer to do so. § 31.07 SUSPENSION OR AMENDMENT OF RULES. The rules of procedure applicable to Council meetings may be suspended or amended by 2/3rds vote of the Council members present and voting, provided that such action is not in violation of state statutes. § 31.08 SALARIES OF MAYOR AND COUNCIL MEMBERS. The Mayor and Council members shall be paid salaries as determined from time to time by the Council and set by ordinance. An ordinance establishing Council salaries shall be adopted before a regular city election and shall not be effective until January 1 following such election. § 31.09 PAYMENT OF SALARIES. The salaries provided by §§ 31.01et seq. shall be paid semi-annually, or more frequently, as directed by the Council. § 31.10 COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS. (A) Establishment o I3oard of Adjustment and Appeals, The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section: (1) The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning code; and (2) The appeal shall be filed within 5 business days from the date that the decision, order, requirement, or determination is made and shall state: (a) The particular decision, order, requirement, or determination from which the appeal is taken; 15 (b) The name and address of the appellant; (c) The grounds for the appeal; and (d) The relief requested by the appellant. (B) Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken, certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. (C) Authority of the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit. (D) Hearing procedures. (1) The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. The Zoning Administrator shall notify the appellant or applicant, the Chairperson of the Planning Commission, the Building Official, the abutting property owners, and in the case of an appeal the officer from whom the appeal is taken, of the time and place of the hearing, The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least 10 days preceding the date of the hearing. (E) Record of:findings. (1) The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant. (2) A certified copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator. (F) Decision; appeals. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or 16 upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed for an appropriate remedy in district court as provided by law. § 31.11 TERMS OF OFFICE. (A) Council Members. Two Council members shall be elected for four-year terms at each biannual election. (B) Mayor. The Mayor shall be elected for a four-year term commencing with the regular municipal elections to be held in 2008. The first four-year mayoral term shall commence on January 1, 2009. 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 day of April, 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. 17 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 CITY (eWIAITA-0!;COUNCIL SECTION I. The City Council of the City of Lake Elmo hereby amends Chapter 31 of the City Code by deleting sections 31.01 through 31.11 in their entirety and replacing them with the sections as follow: § 31.01 MEETINGS. fA,1 Authority. City councils are authorized to adopt rules of ryocedure and provide for order at their meetings. 11)Parliamentary procedure. Exevt as speci provided under statute or these parts. the most current version of the Robert's Rules of Order Revised governs any question of parliamentary procedure that arises at a city meeting, (B) Purpose. The purpose of this poliev on City Council meetings is to set the groundwork lbr orderly and respectful communications between and among council members, city staff. and, citizens' to promote the efficient workino of the public's business at City Council meetings. (-4c) Regular mc-vings. Except as provided herein, regular meetings shall be held at City Hall beginning at 7:00 p,m, on the first and third Tuesdays of each month. The City Council. may cancel regular Council meetings by adopting the appropriate motion at any duly called Council meeting. The City Council may change the date, time, and/or place of a regular meeting, by adopting the appropriate motion at any duly called Council meeting and by posting a written notice of the date, time, and place of the rescheduled meeting on the city bulletin board and at the main entrance to the City Hall at least 3 days before the date of the rescheduled regular meeting. ----44)----70ttorittiv A simple ina o 3 f e oueilsha1lCouncil constitute a Quorum for the valid transaction of any scheduled business to com.e belbre the Council,, Locution. Al! rneetinjJiiciudingspcciaL recessed, closed, and continued mectiii(!s in,th,e,,Citv Council chambers, located at City Hall, unless, otherwise designated, pursuant to Minn. Stat. 31/04 subd, Schedu/c. A schedule of regular meetings shall be kept on file with the city clerk. U1- .Recessed or continued mectinus, When a meeting, is recessed or continued, the s'din0 officer shall state the time and _place for the next meeting, to occur pursuant to Minn. Stat. 13D.04. subd. 4. The time and place shall also be noted in.the minutes. If the time_and place is stated and noted in the minutes, no additional notice of the meeting is, required u o erwise r • b ° a However. iC the time ancIplace is not stated and„noted as required herein„ compliance with the notice procedures for a special meeting. as defined in this Section. shall be required. (DL„Open it-. The Minnesota Open Meeting Law cOML'), Minn, Stat. Ch. 13Q, oenerallv requires that_all meetings of public bodies he open to the public. W Prijiici1esIhesuxnpiionofopenness in the,OML_serves three basic principles: To prohibit actions from being taken at a secret meeting, Nvhere it is impossible for the interested public tobecome nifty informed concernino t e decisions of public bodies, or to detect improper influences', e ublic's o be infor ed, and (c) To afford the interested public an opportunity to present its views to the public body on matters of public interest. L2) The City Counci T d enci_ -a 0 n -fless to c' meetitli4S as one of its most important duties. As a result of this principle. all Council and committee meetin [ding special meetings, with the exception of closed eetino as required y Nion. Stat. Ch. 13. shall be open to the public. In calculating the number of days for providing notice under the OML. the first day that the notice is given is not counted, but the last day is counted. lithe last day is a Saturday, Sunda or leoal holiday, that day is omitted from the calculation and the day following the Saturday. Sundar legal holiday is considered the last day U1 in keening with the intent of the OML. Council members shall not use any Rirrn of communications technology, such as text messaging or email. to communicate with another person during a public 'n er that is hidden or shielded from public view. Pursuant to Minn. Stat. 13D.01, subd. 6. at least one copy of the written materials made available to the Council at or before the meeting shall also be made available for inspection by the public. exc1uding..nyjjonpub1ic data. attornev-client privileged data, or materials relate( - of closed meeti (Ts or a v else otherwise deemed not public by any applicable law, 47-7;11c Special meetings. Special meetings may be called by the Mayor or by any two2) Council ,;\4i1,;t.,rnenibers filing a written notice with the cii administrator. At least tbree_(31 days prior to the date of the special meeting, the administrator shall “,,iiprovide notice to all members of the H Council and to each person who has filed a written request for notice of special meetings, and shall post the notice on the city bulletin board and at the main entrance to City Hall. The notice shall indicate the date, time, place, and purpose of the special meeting. If matters not directly related to the purpose of the special meeting are discussed or acted upon at the special meeting, the minutes of the special meeting shall include a specific description of the matters.- Days_s_hall becounted_as, provided in paragraph ( 3)above, _Notice jo the public of special meetings must be given j.ustantto MinnStat. 13D.04. _sed licetinvs. The OML allows or requires some meetingstobe_doedtothe public for certaindefined purposes. When a meeting is closed. the presiding officer at the meetin, shall state for the record the reason for closing the teiin and cite the specific )rovision of law allowingor re uiringlhe meeting to he closed. The presiding officer shall also ensure that meetings are recorded, if rem' ired by jJ_E/ne/'ge/?cv meetings. An emergency meeting is a special meeting called by the Mayor or any two12) Council inenihers because of circumstances that in the judgment of the Mayor or any two (2) Council ,',‘,1,,,i.--H,Ttjnembers, require immediate consideration by the Council. The person or persons who call the emergency meeting shall make a good faith effort to contact all Council members and, as soon as reasonably practicable after notice has been given to Council i'',1-z.,;n1snembers, all members of the news media who have filed a written request for notice of emergency meetings if the request includes the news media's telephone number. The notice shall include the date, time, place, and purpose of the emergency meeting. If matters not directly related to the emergency meeting are discussed at an emergency meeting, the minutes of the emergency meeting shall include a specific description of the matters. Business conducted at special or emergency meetings. No business shall be transacted at special or emergency meetings unless the business shall have been specified, in the notice, without the consent of all of the members of the Council present. Any member present at any special or emergency meeting who fails to object and have their objections entered in the minutes of the special or emergency meeting will be conclusively presumed to have consented to the transaction of all business transacted at the special or emergency meeting and no objection may thereafter be raised by a Council member that the notice of the special or emergency meeting was defective. 041) Initial meeting. At the first regular Council meeting in January of each year, the Council shall: an acting mayor, who_ aet as mavor in tlie mavor's absence,pursuant joMinta. Stat. 412.121; (13' Si--7,7',7171,17,4., -777 7-7 4 71 , (4) ( ) .4-iNteiiibefti--Ett,-.At64R7:4-.N.4:a-':'-f-4*:;--AA430.-S43+1-14-t0:(il'H.i -4: tie-- (46.6a-2J,, 6-i111;i+Q.'--1,44±?-Vt+Fti..U1-'41-+' 161 Select one official newspaper n, Stat.s 41 (7) Scie(:t dc'm . fw CitviitpdS.This must be done_withinQdas of the state of the citv's fiscal yeakpursuant to Minn. Stat. §§ 427. -.02- 1 1$A.02, subd. 1; and 427.09: JCL) Review the Council's ake a eede (4)----.-Ap-,H4+-1-4,-,4-,,4:44,e,,p,,,-,--,H*0,,tyt-,,,,s,1d-A-1,.+f);tw„;-,,4:Assi, committee' duties to members. Al! assignments of Council members to sere on city boards, commissions, and committees a-nty-b-e-isary-a-t+itoshall be byairajpritv vote of a quorum of a duly called meetino unless otherwise tirovided byja (10) Approve official bonds that have been filed with the clerk:, an Appoint a city attorney; and d-11. s te4-..;\ :-.:-it-ir:Appoint a city engineer. (11) Public meetings, All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be conducted in accordance with the Minnesota Open Meeting Law. (1997 Code, § 200.01) 0:4) Ground rules. Each Council Mitifiniember shall abide by the followingfoliowing ground rules for interaction with each other and with members of the public at Council meetings. All Council members shall assist the presiding. officer in preserving order and decorum and in providing for the efficient operation of the meeting. Council meetings shall be conducted in a courteous manner that recognizes the validit of differino view xiints and )romotes the ideal of_ respectful democratic discussion and debate that is free of insult. slander, and personal attacks or threats. tn, 4 -Respect others. Council ,M4.4ribi..4fiirriembers should: La) tO -Respect each other and the process; 0,11 (1)) Assume each Council ,M.iz,riiI-4emiember is being honest and genuine in the expression of his or her views; Not shame or blame others; Not talk about people who are not present; and Lel Respect residents of the city and city staff Listen. Council should: j. Not interrupt while others are speaking; Ask clarifying not interrogating questions; "I" statements not "You" statements; Discuss and debate ideas in a civil manner; tb) Le) respectful of the ideas of others even if they don't agree with your ideas; and jJ Keep side conversations to a minimum. --Accountability. Council 14 nic ibers should: Participate to the best of their ability; 11", -Be responsible for making sure all voices are heard; kj Lf). th t5) Be accountable for what they do and say; -Hold each other accountable in a civil way; Be responsible for their part of a problem or issue; Be accountable for the usc of information by not misusing information or by providing incorrect information; and Be responsible for reviewing agenda items and support information. ;. Take risks. Council nhesinembers should: Take risks, be authentic and speak truthfully; and h Not be hostile or harassing toward others for taking risks. ( 5 ) Be open. Council -;\--,knith.2.-imembers should: 4-a-i Be open to other's stories and realities; th 0:)+ Be open to partially -formed ideas; Learn from mistakes; Be open to a change of heart and mind; and operate from fear. 1_0 (6H—Personal reaction. Council Meimi-.)-el-,;rnembers should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas. i1. (xenera/ it/. (4Llecontin, To effectuate the followin ground rules, all Council_ members shall conduct themselves at all times in a manner consistent with the following: iA) No Council eme lenuaue in conversa ass 'a - messages while in the chamber in a manner so as to interrupt -oceedings of the Council; i2) No Council member shall leave his or her seat or make any noise or disturbance while a vote is being taken and until the result or the \,,ote, is announced; No Council member shall unparliamentary language, or use 1anguaze that threatens harm or VI toward another person during at a iy time: e or obsce words Lth No Council member shall speak on any subiect other than thc subject in debate; No Council member shall speak without being cognized by the presiding officer, nor shall any Council member interrupt the speech of another Council member; 0) No Council member shall disobey the Council's Rules of Order and. Procedure as adopted or a decision oldie residing officer on questions order or macticeoruponthe interpretation of the rules of Council, No Council member shall enj,ge in d' disrupts the orderly conduct of any meetinu. thai disturbs or (h) No Council member shall enue in conduct which delays or i iffoceeclings or v lueh 1iindrsrcspeeifttl discussion and debate, § 31.02 PRESIDING OFFICER. \ ( ) ()/csidiva.,(2/71c(T,. The mayo shall preside at all meetings of the Couneil--41-flic---aIsne-fli 'Yr("vc Ht4 -4 4 fi (4 1-+i 41;4-0-1¢:HFH,,,,4-0 H c24-1 444-4 -1:14-.1 1 thiip 1'1'; r 'y ; 1-1111CSS all 0 tile r person has_ beenAesi?nated by_maiprity.‘zote of the Council to_preside over.any.Q1'11 inectinfor a specificperiod of time. UJ Role_r_?f the presiding officer7----04 The presiding officer shall preserve order, enforce the +1.+I-es-oli-pui--Council Rules of Order and Procedure as adopted-b*fl-k4i-Y-Getin,±i-I, and determine without debate, X order,subject to the -f4•FriLHA final decision of the Council on appeal 1 as provided in this Section. The presiding, officer shall determine which member has the right to speak and may. ntovemarters to a vote once the officer has determined that all membershave §J2Ien, The -iresidinu officer mav determine whether a motion or proposed amendment is in order and ma call members to order. Except as otherwise provided by statute or by the provisions of this •;oh-cli-apf,,,TChapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Rohee-t.s Rules qf Order. If considerednecessary bc iseof ra.c disorder as deter! ed by the presiding officer, the presiding officer may adjourn or continue any meeting to another time olpsuspend the meeting for a specified period of time., f±3_1 Desh!nation (if sergeynt-til-cirins. The presiding officer may reutiest that local_ law enforcement designate a member to serve as a seraeant-at-arms at Council meetings. The sergeant -at -arms shall carry out all orders or instructions a 'e-bv, the presiding officer -for the maintaining_order and decorum at m (4) Alotions mid totflig.The presiding officer may make motions, second motion_ speak on any uuestions. and vote on any matter properly before the Council. This provision does not apply to non -elected presiding, officers desivatsxI under this section.. t5_1 AlisenceY ril nre,ciding riffled% In the absence of the mayor. the acting mayor shall yeside. In the absence of both the mayor and the acting mayor, the city_ clerkiadministrator shall call the meeting to order, The first order of business shall be to select a presiding, officeribr the meeting from the memberspresent. The city ,clerk/administrator shall preside until the Council members present choose it member to act as ure5idin14 officer. Jditiectic 7 Any member of the Council-Meiber may appeal to the full Council a ruling i-Con order or procedure made br the presiding officer.--1,i46-e-arirh44s,:oii4e4,444.t!c-nri- t24' (11 Proccdure foi anneal.. An anneal is made by motion. No second is needed for the motion of appeal. The member making_the motion may speak once., solely on the question involved, and the presiding officer may speak once solely to explain ibotheir ruling, but no other Council ,N,1,,N1*11-i,•,--4-Imernber max participate in the discussion. Once both the maker of the motion and the presiding officer has spoken, the mailer mirsit.„he_voled upon by the_Council as a whole, The appeal shall be sustained if it is approved by a majority of the members present, Tri-t-4nt..,-.44,NH)r-,,:-ii,14+37-.47 IiiE-e,F4[144iC+e-i': 4:4-1-e--+Wr-14Yd7 lusive olthe presiding, officer. ( _kW Temnoran. desi,cpi -er, The presidityg officer may choose to desionate a ten di licer before a - , in debate on a _!•,iven matter. The presiding oilicer resume soon as action on the matter is concluded, § 31.03 MINUTES. (A) Minutes constitute a vital record of the city and arc the best means ofeservino Count:: intent, findings of fact, and action. Pursuant to Minn. Stat. 412.151, the env clerk must keep a minute book. The minute book shall contain • • a ' u W The Co rflY are present. The- of meeting (regular, special. continued. closed): Date and place of the mee•ting: L-D Time the meeti \vas called to order. j Approval of minutes of the previous mceting_,_ with any corrections: .(&) The members who make or second anv motions-, al A record of all members and their votefor anv roll call votes: LI The suhiect matter of all proposed resolutions or ordinances; j9) Whether any resolution or ordinance is approved rdisapro ed by vote of (he Counc•il: (1k) Theeach:in:ember A-wtyclr„ and the votes_oliany member not otiiigJevoting.g.. abst ition includimz teason tor abstention i1 en, not present)., all, A. statement the tindmot° fitci andaijp1anation ol ( toed aetion._including IUtiofls_O1 ordirianecs, specific reasons for a onit11 land use_and licensingrnaners, L12) Listino f ail!s_aI)oed qppro -.c Ibi iaincifl, not1rIj Ibe reci. and amount, (_13) Approval of hourly rates paid to f meal -reimbursement amounts, and per diem amounts.; /14) A list of all transfers of funds; -ag,e rates, 11511 Authorizations and directions to invest excess funds. and iniornia investment redemptions and maturities - The identity of any part v to whom a contract was awarded-, (17) Appointments of representatives to committees or outside organizations, and .fs.ffi-t.‘f&f (if f:ift-fff4f--f-tff 1ff CI; r1 1 4i 4!1, F",/ 1-3.16 11C:2';:, "44:1 't14.412-Y-p1 1 ) .11C i4 4 ¶-`( L11.:. 1, 1 8 ) The name of all citizens a )1earin,,l)efore the Council during, the public comment, period along_witlt a brief stmu-itary of the subject matter of their corrinients, The minutes of each meeting shall be f affidf-tf-oEfff fffff,f, fffffifff ffNff ffif ff. f.ff ffve.fff-C'ff .ff;„.f fVffiffffiliffff.f. ff fff f-ff- afff, ffz ofrffff.Nfilf4lyped and signed bv tlicelerkiadn-tinist-rator. _ Conies of the ininutes shall be included in the agenda l'or the next Council meeting-101!--rkvi.(---11,1,, (C) Nlecting minutes shall be considered 4 il 1and approved at a future ecting. ft) Meeting minutes do notneed n-,4it he read aloud,--ki.041-t:e: L,_2i The presiding officer shall call for any .a,,,k14•0.,.-3--€»--con•ections,- If there is no objection to a 1-)1, correction, it (na.,,,,,-;\v° be made without a vote of the Council (4) If there is an objection, the Council shall vote upon the addition or correction 0 k44 t 0 ai a roll call ote; 1-51 Council shall take formal action bY vote to approve the minutes as distributed, with any corrections or amendments made as described herein;.,,and till Minutes shall be published as required by Minn, Stat_§,§„412_19.1_331A,OLsubd. 3,331A.01. subd, 10. § 31.04 ORDER OF BUSINESS AT REGULAR MEETINGS. (A) Order established. Each meeting of the-Gi4t Council shall convene at the time and place appointed for the meeting. Council business shall be conducted in the order determined by the ( it.,Council at its first annual meeting or as thereafter amended by the majority vote of the Council. (1) Order or Business, The standard order of business for CouncilCouneil rneetings shall bc he fol Lai Call to Order/Pledge of Allegiance; Lb A ' Agenda. li.L1 Approval of Minutes from Past Meeting.ts); fib Presentations, (U: Consent Agenda; U) Regular Agenda: W- Public Comment Period:, Report of the Council; Reports from Staff; and Cu Adjourn. (B) A .;eihiu, An agenda \vill be prepared for all regular Council meetings by the city clerkradministrator or their designee. Agenda items may be placed on the agenda by Council members and staff, Members of the public wishing to place an item on the agenda must do so by contacting city staff or Council members, or by speaking, during the public comment period. No member of the (Yen -ra add any items to the agenda. When a speeial meeting is ca11edjjsuant to applicable law, the ‘zod4, „Isgt1-1.5‘17c i a 1 meetino must be included ip_the_resittestiOr meetinand in tbe publication of the notice of the meeting pursuant to Minn. Stat. 6 I3D.04. subd, 2. cl a I) roccel ijitz Co item to any_acrei a s Section sl a o1lo inn; c ernben,\111K.10 add an by complying With the, (a) All reAqests to place an item on the agenda„must be_received_by.„the city„ clerkjachninistrator by 10 arn live_daysprior to the next Council meetipo, For a regularly scheduled Tuesday meeting. the deadline for agenda items would be 10 aanon the preceding Thursday._ au All requests to place an item 011_theagenda must he on the forimprescribed by the city clerk/administrator. The fo rjuthall he eojj ietedjththea1 of clearly deseribim„, the subject matter to he consideredbv theqiui1 and any action requested or required. Supportinginformation may be attached to the forth as necessary, All requests to pice an item on the anjjijd by city staff or Council member, must be reviewed by the city clerk/administrator or their desionee prior to_ being included in the agenda. The agenda. along with. all related infonnation materials. will be provided to Council members and the city attorney at least three days prior to the -ling for which it applies, For a reoularl scheduled Tuesday meeting. the packet vill be provided by 5_pan. the Friday recedijig (C) . A a,,enda ma be used. to inm -e The consent agenda allows necessary to approve all items oihQne1itacIida, consider several items at one time. Only one motion is -and it iot-- Vi,:kr-,,,LAiL c&s,ei -'1""fj0t (4.141.41!Hik,,x1 ; 1.) Items that require findings of fact or an explanation olCouncil .actions, such as land use matters and the consideration of licensing requests. should not be placed on the consent agenda. Q't t2j An item on the consent ,eitda niay bt. IemoLd tioji uh aenda tor lull consideration by the Couneil upon requesfmade by_anv member of the Council, hems removed from the consntTenda will be laced on the reou a - ao - la t' discussion and consideration, (D) Presentation, discussion and agenda item decisions. The following is the order of business for presenting and discussing items on-0+y Council agendas: Introduction of item; Report by staff or other presenter; (1') Questions from 4-*y-Council .;\:1-eo+1:-.)-eiariembers to the presenter in a round robin manner. The Mayor will facilitate the round robin process by asking each individual Council -.:Nzirii-lnember for -I--one question and allowing for a response to the individual question. Then the Mayor will ask the next Council N-1-9,i,i4yymember, in sequence, until all Council ri4rnembers have asked and received responses to a question. No Council IN4-cifi1.)ofmember shall take more than qthree minutes to ask a question or comment on an item which is being presented before another Council ,;`,4t..41+1,iermember has a turn to question and comment on the same item; !) Receive questions/comments from the applicant/requesting party to the C-it* Council, and allow each Council -N,1,1,Lwrriember to respond in the round robin process; (5) Allow questions from 4:,44:4i-Council -Nti,,,wil:),,,siriembers to the applicant/requesting party, if applicable, using the round robin process; .0) (6) Allow questions/comments from the public to Council M-eil:mernbers. Each member of the public shall state his or her comments in three minutes; At the conclusion of the round robin process, the Mayor calls for a rnotion 4 k a,;tiotiofH-:,iH-h-iahI•&-fef--Ai.i-stA.:tii+4f,I_pr discussionamong the Council. Discussion on aIiyJ2USutij1ion shall be kept to a minimum, and each Council member shall ont)Lmeak once on the issue. This action is not an indication that the motion on the table is the motion that will be approved in its current form. It is purely for discussion purposes; Discussion among Council 44,,94:,'..4inembers using the round robin process; Action by the Council 0I1 the motion. (E) .A-ketinv Schedit/c. :771.4'412 (I.) Eaeh mectingof the Co! shall conv.cne at the time „and placeappointed,„.A11._ public hearings shall commence at the advertised time. 1.2), Council business shall be conducted in the jirder of theprepared agenda. unless an. .alterationis approved h.. .a.„niajorit • of the Council. t 3.) iflie_last item.on Iv commenced no later than 12 a.m. lf all business.has not, Jieen comple.tedby 12 a.rn_theflicetino shall besontintiedio another date and lime following the notice irovisions contained herein: LEI commentptcfonneil mectim,,s. Council meetings .-- the forum fOr the Council to conduct the citv's business. While Council weeliqgsure 0Cfl to the public pursuant to the Minnesota Open MeetingLaw, thev are not a_forunforpublie expression. As such, members of the public are not allowed to artici iate in Council discussion and debate. withoutaspecitic invitation and/or formal recoonitionby the -e-°c oofficer. Members of the.. public shall not a plaud. enrage in conversation. or enoage in other behavior through words or actions that maydis -uj,Ljh pi sijns_olthe Council. tc3 ers c: shall follow 1/IL rec the pre:?-1` N:lembers or the puhlic who do not t'o110 the direction of the presiding officer will be ' arnsLthat further disruptive conduct will result in removal from the meeting. After tbe conduct. continues. the presiding ..'ficer may ask the member of the puhlic to leave the meeting room, ir the member of the uii refuses to follow the direction_of the presiding officer, the_nresidino officer may direct the seriAieant-at-arms to rrnie - •rsoi anv lawful meat s.In_ efliQnCv situations. or where the conduct is an egregious threat to the safetypithe_public or the Coun--° a warning is not necessary before the sergeant -at -arms is directed to remove the person. 1.1-1 Public comment period. A limited forum for members of the public to speak with the Council is provided on each a a. Public comments dui*n tht puhlic comment period are subject to the follow° o a s: (jj Speakers limited to s bY the es ent: before speakini; and • When multiple healers appear to speak on the same topic, comments shouldpot be repetitive. The presiding, officer tny request speakers to appoint a spokesperson,. The presiding officer may place a tithe limit on thepublic commentperipd necessary to allow for the conduct of city business. Ifthere is not sufficient time at the meetino to hear all iublic comments. the cominei e ma -1 e deferred to_ the next regular Council meeting or at a continue( 11hCCtillc, 0) Sneakers must sdzn up prior t speaking and provide their name address a brielst 't 1- sul ° e- which thev wish to address_____— __sheet 13 will be available at S_peakers inusfdirect their remarkstoward the,presiding officer; Sp3..;.akers sh rot_ use obscerie_profariejnsthing, or threatenin,y tat quage, nor. conduct themselves in a threatening loud, or boisterous manner that disrupts the conduct of the meeting or the security_pf the public', Ul Speakers are requi red_tofollow the directionf the presidinu ,. ce.r: and ti T_h_e_council will gencrally_not respond at the same meetinivhere an issue is 'ally raised by a member of the public. Genet ' le matter will be cferre staff for further research an , ssible report or action future Council meeting. t I) PilbilL Hecirigr,s% Public hearings are sometimes required o allow the offer input on Council decisions. Unlike public comment periods, public hearings allow the public to sneak on i matter currently before the Council. When public hearings are reouired by law. notice shall beprovided as required by slate statute, Pithjjjrjis1iaI1 be commenced at the time advertised in any notice required by law. blic .(1) General procedure Pir public. licarinsls. The order of business for all public hearings conducted by_the Council shall be: WI O. c, eon hyjie -esiding officer announcina the pumose of the. public hearing.; 11_4 The Presiding officer opens the public hearing portion of the meeting; Staff presentation, if' ,e. administrator/clerk. attorney, CIV2illeer jUi Developer/other presentation, if a Public comment tall individual oniine W. The elerkiadministi-at and LI;) The presiding officer forma meeting. eao1e_ofan suhn s" ▪ public hearina portion of the al Sneakers who wish to address the Council at a public hearing must follow the same rules as contained herein for public commenLperiodsfhe r— n •er -n' re time, where an_propriate. Speakers may also provide written comments to the Council before or at the mectino \Vrinen commenls shall be noted and provided to the Council and to anyone else as required by law. 414 ofr,- (4) Thepresiding officer may continue the hearing. if necessary, followinu nrocedule„sfor continuing.tained in this „Section, § 31.05 VOTING. y -14 -ritA-i.e It {AI1le Votes or the Council will be taken bv voice or hand vote. Ilte p_resicling officer shall announce the results or all votes or the Couiicil ( Bli A clear statement n oted upon and the names of those voting for and, against the matter shall he recorded in the officia utes. (C) The presiding officer may ask for a roll call vote to be conducted by the clerk/administrator onany motion of resolution. LP) The clerk/administrator may ask for a verification roll call if the vote of a Council member is not clear on the voice vote, (E) A inaiority Vote of the quorum present shall be sufficient for all matters before the Council. unless otherwise provided by,stateIa ( F) Any Council member may abstain from any vote for reasons that are not necessarify a conflict of interest. (!3G) If any Council member is present but does not vote, the minutes, as to his or her name, shall be marked "Present -Not Voting." § 31.06 ORDINANCES, RESOLUTIONS, MOTIONS, PET AND COMMUNICATIONS. T ONS, PROCLAMATIONS (A) Signing and publication proof Every ordinance and resolution passed by the Council shall be in writing and signed by the Mayor, attested by the Gi(YAtclerk, and filed by the clerk in the ordinance or resolution book. Unless otherwise providedbv law. no ordinance shall require more than one readine and all ordinances shall be adopted by a majority vote of Council members present at the Counci —ting. _Proof of publication of every ordinance shall be attached and filed with the ordinance. (B) Repeals and amendments. Every ordinance or resolution repealing 'ious ordinance or resolution or a section or subdivision shall give the number, if any, and the title ofthe ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part shall set forth in full each amended section or subdivision as it will read with the amendment, H-15 (C) Mai-um/and citi'prochim(Irions. Except as otherwise provided by law, all mayoral and citv_proclamations recognizing events. persons,Apd official osrvances shall be adopted by majority of the Council memberpresent and yotinat the meeting NV here such proclamation_ is_ presented_for.adoption, (.1)) Seating assiilmnents. Council members shall occupy the chairs assigned to them by the presiding officer, but twoCouncil members may exchange seats bv °o° in a formal request to_ the presidiuj offieey to do so. § 31.07 SUSPENSION OR AMENDMENT OF RULES. The rules of procedure applicable to c':r4y-Council meetings may be suspended or amended by 2/3rds vote of the Council -N4:9i.-+1),ei,-i.mernbers present and voting, provided that such action is not in violation of state statutes. § 31.08 SALARIES OF MAYOR AND COUNCIL MEMBERS. The Mayor and Council NI-cHijKi-fsniembers shall be paid salaries as determined from time to time by the Cit-v-Council and set by City ordinance. An ordinance establishing Council salaries shall be adopted before a regular city election and shall not be effective until January 1 following such election. § 31.09 PAYMENT OF SALARIES. The salaries provided by §§ 31.010 seq. shall be paid semi-annually, or more frequently, as directed by the Council. § 31.10 COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS. (A) Establishment qf Board of Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section: The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning code; and aJ. 2) The appeal shall be filed within 5 business days from the date that the decision, order, requirement, or determination is made and shall state: t ;1 The particular decision, order, requirement, or determination from which the appeal is taken; ('H The name and address of the appellant; 1.16 tc) The grounds for the appeal; and The relief requested by the appellant. (B) Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from. unless the Board of Adjustment and Appeals, to whom the appeal is taken, certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. (C) Authority, of the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, 'requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit. (D) Heat -ills; procediri.e.,s.. Zoning Administrator shall, upon the tiling of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. (2) The Zoning Administrator shall notify the appellant or applicant, the Chairperson of the Planning Commission, the Building Official, the abutting property owners, and in the case of an appeal the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least 10 days preceding the date of the hearing. (E) Record offindings. 12),1 The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant. ( 2) A certified copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator, (F) Decision; appeals. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed for an appropriate remedy in district court as provided by law. § 31.11 TERMS OF OFFICE. (A) Council Members, Two Council M€qyibe,.f•itrieinbers shall be elected for 4 ' ur-year tenns at each biannual election. (B) Mayor. The Mayor shall be elected for a 4four-year terrn commencing with the regular municipal elections to be held in 2008. The first four-year mayoral tern shall commence on January 1, 2009. 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 I day of b-ri,+;:i+vikpril, 2016, by a vote of Ayes and Nays. ATTEST: Julie Johnson, City Clerk This Ordinance LAKE ELMO CITY COUNCIL Mike Pearson, Mayor was published on the day of , 2016. Document comparison by Workshare Compare on Tuesday, March 29, 2016 3:38:32 PM Input: Document PowerDocs://DOCSOPEN/477249/2 1 ID Descriptio DOCSOPEN-#477249-v2-Chapter_31_of_City_Code_re_City_Official Document PowerDocs://DOCSOPEN/477249/3 2 ID Descriptio DOCSOPEN-#477249-v3-Chapter_31_of_City_Code_re_City_Official n s Rendering Standard set Legend: Inseriion Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 326 Deletions 157 Moved from 3 Moved to 3 Style change 0 Format changed 0 Total changes 489 1'1 1 FF. ( 1`.11" ( LAKE El MO MAYOR AND COUNCIL COMMUNICATION, DATE: 4/5/16 REGULAR ITEM #: 18 AGENDA ITEM: Selection of Negotiation Team for Local 49ers Discussions SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: At the March 15, 2016.City Council meeting during staff reports Interim Administrator Schroeder asked for the Mayor and one Council member to be on the city's negotiating team for the public works contract discussions. While there wasn't a vote on the matter., there was a consensus after much discussion that Mayor Pearson and Council Member Fliflet would be involved in the negotiations. An initial meeting to discuss process was schedule with the labor attorney on March 30, 2016. Mayor Pearson informed us the prior day he would not be able to attend the meeting due to work conflicts and asked Council Member Bloyer to sit in for him. On March 30th, the meeting was postponed until the full Council could weigh in on appointing alternates or give direction on how to proceed when one member of the team could not be present. ISSUE BEFORE COUNCIL: Who should be appointed as council representatives on the labor negotiation teatn? Should alternates be appointed? If so, who'? If not, can meetings go on when one is absent or should they be rescheduled? PROPOSAL DETAILS/ANALYSIS: In many communities, the Mayor and one Council member join staff at the negotiating table for labor contracts. It has also been done entirely by staff in some communities. The entire Council would be involved periodically throughout the process during closed session to discuss strategy related to the negotiations. The Council may stick with Pearson and Flit -let as the appointed persons and fonnally make that motion at this meeting. Alternatively, another member of the Council could be appointed. Consideration should be given to those who are interested in being appointed and can make the time commitment of perhaps a half dozen or more meetings over the next few months. Staff would not recommend an alternate be appointed because continuity of those at the bargaining table is important for an efficient process. If a member cannot attend, but a majority of the others can the ineeting would go on and that member could be filled in by staff at a later date. Rescheduling due to unavailability of one member will only prolong the process, and the City needs to make every effort to meet and negotiate in good faith. FISCAL IMPACT:, NA OPTIONS: 1) Motion to appoint and appoint alternates but let the meetings Motion to appoint and as an alternate. 3) Motion to appoint and an alternate and reschedule any meeti 4) Motion to just allow staff to meet wi full Council consideration. 12KOMIVIENDATION: to assist staff in labor negotiations and not go on as long as a majority of the team is present. to assist staff in labor negotiations and appoint to assist staff in labor negotiations, not appoint that can't be attended by both representatives. ocal 49er representatives and bring hack a contract for Motion to appoint and to join staff ii ,iegotiuting the labor agreement with the Local 49ers. If either person cannot attend a meeting an alternate will not he appointed and meetings will occur when a majority of the negotiation team is present