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CCA 04-05-16
NOTICE OF MEETING City Council Meeting Tuesday, April 5, 2016 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1. February 2 & 16, 2016; March 2 & 8, 2016 D. Public Comments/Inquiries E. Presentations National Library Week Proclamation F. Consent Agenda 2. Approve Payment of Disbursements 3. Accept 2015 Lake Elmo Firefighters Relief Association Actuarial Report 4. Adopt Resolution Requesting a Traffic Light at 50th Street – Resolution 2016-25 5. Village City Property Sewer Service – Approve Quotes to Complete Sewer Service Connections 6. Approve Hiring of Building Official 7. Adopt Amended 2016 Fee Schedule – Ordinance 08-132 8. Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine Shed Restaurant – Resolution 2016-26 9. Savona 4th Addition Developer Agreement – Resolution 2016-20 G. Regular Agenda 10. Palmquist Commercial Wedding Ceremony Venue IUP – Resolution 2016-19 11. 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 2016-23 14. CSAH 15 (Manning Avenue) – Phase I Cooperative Agreement – Resolution 2016-22 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. Stat. § 13.D.05 Subd. 3, in order to develop or consider offers and/or counteroffers for the purchase of real property located at 3504 & 3514 Lake Elmo Avenue and one adjoining vacant parcel in Lake Elmo, Minnesota. K. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, and Jill Lundgren. ABSENT: Councilmember Bloyer. Staff present: Interim Administrator Schroeder, 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 14th Street North, presented a petition requesting the removal 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 Page 2 of 5 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 I 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 AND MAINTENANCE AGREEMENT FOR JEERASAK POOPHAKUMPANART TO INSTALL A DRIVEWAY WITHIN AN UNIMPROVED PORTION OF THE PUBLIC RIGHT OF WAY OWNED BY THE CITY. Motion passed 4 – 0. 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 be treated as employees also for purposes of data practices. Mayor Pearson, seconded by Councilmember Lundgren, moved that FOR THE PURPOSES OF INSURANCE LIABILITY COVERAGE, CITY COUNCIL MEMBERS SHOULD BE TREATED AS EMPLOYEES OF THE CITY. Councilmember Fliflet, seconded by Councilmember 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. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Page 3 of 5 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 summer. 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. Councilmember Lundgren, seconded by Councilmember 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 – 0. ITEM 12: Old Village Phase 2: Street & Utility Improvements – Approve Plans and Specifications; Authorize Ad for Bids City Engineer Griffin presented the project overview and requested authorization to conduct a formal report. Councilmember 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 – 0. ITEM 13: Washington County Aquatic Invasive Species Milfoil Grant Brief discussion was held concerning treatment of the tri-lakes for milfoil. Resident Wally Nelson clarified that Lake Jane is treated for milfoil but did not apply for grant funds to offset the cost. Councilmember Lundgren, seconded by Councilmember Smith, moved THAT THE CITY OF LAKE ELMO SUPPORTS THE AQUATIC INVASIVE SPECIES GRANTS FOR LAKE DEMONTREVILLE AND OLSON LAKE ASSOCIATION, AND THE LAKE ELMO LAKE ASSOCIATION FOR THE 2016 GRANT PERIOD. Motion passed 4 – 0. ITEM 14: Employee Wage Adjustments Councilmember 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) LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Page 4 of 5 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 2nd 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 emails 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 stormwater utility bills and fourth quarter utility bills; working on year end close out, payroll reports and county reporting. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 2016 Page 5 of 5 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. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2016 CALL TO ORDER/ PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. Absent: Interim Administrator Schroeder APPROVAL OF AGENDA Councilmember Lundgren added “Public Comments on Agenda” after item 17. Councilmember Fliflet removed items 10 and 21. Item 18 moved to the next Council Workshop agenda. Councilmember Smith removed item 19. Agenda approved as amended. ACCEPT MINUTES Minutes of the January 5, 2016 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Vincent Anderson, West Lakeland Township resident, asked the Council to support West Lakeland Township and Baytown Township in opposition of the Lake Elmo Airport expansion and encouraged them to read the revised addendum to the plan. PRESENTATIONS Finance Director Bendel was presented with a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Karen O’Brien spoke on behalf of Verizon Wireless, presenting various locations in the downtown Lake Elmo area that would be suitable for locating a cellular network antenna. CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept January 2016 Assessors Report 4. Accept January 2016 Building Department Report 5. Village Trunk Utility Improvements – Approve Reduction of Security #2 6. Wildflower at Lake Elmo 1st Addition – Approve Reduction of Security #3 7. Approve Hiring of Office Administrative Assistant 8. Approve Hiring of City Planner 9. Approve Forestry Plan for Sunfish Lake Park Consent Agenda approved as presented. REGULAR AGENDA LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2016 Page 2 of 6 ITEM 11: Appoint Parks & Planning Commissioners Councilmember Lundgren, seconded by Mayor Pearson, moved TO APPOINT JEAN OLINGER TO THE PARKS COMMISSION. Motion failed 2 – 3. (Fliflet, Lundgren, Smith – nay) Councilmember Smith, seconded by Councilmember Fliflet, moved TO APPOINT ELLEN NEUENFELD TO THE PARKS COMMISSION. Motion passed 5 – 0. Councilmember Fliflet moved to appoint Kristina Lundquist to the Planning Commission. Motion passed 5 – 0. ITEM 12: Commercial Wedding Ceremony Venue Planning Director Wensman presented the request for approval of an Ordinance Amendment and an Interim Use Permit to allow operation of a commercial wedding ceremony venue at 11658 50th Street North. Wensman noted public hearing requirements and stated the hearing was noticed as required. Planning Commission comments and recommended conditions of approval were presented and discussed. Applicant Danielle Hecker reviewed research conducted and work she has put into bringing the project to this point. Ms. Hecker also addressed requested text amendments concerning owner present during events, number of events per week, parking, traffic and noise. Paul Nielsen, 4819 Lily Ave. N., commented on traffic that will be generated by the wedding venue. Alana Hardt, 3309 Lampert Ave. N., stated her full support for the wedding venue and values living in an area with local businesses. Chip Longacre, 55th St. N., spoke in support of the proposal and stated he holds weddings and other events at his property and has had no problems. Jeffrey Saffle, 11180 50th St. N., stated that noise could be an issue and approval could create a precedent for commercial use in residential areas. Pamela Chickett, 5711 Linden Ave. N., stated a concern for Sanctuary residents and asked that Mr. Landucci’s proposal should be looked at in conjunction with the wedding venue. James Tenpas, 11330 50th St. N., stated concerns about noise and changing the ordinance for one person. Janet Thompson, 11491 50th expressed concern about increased traffic and noise. Rebecca Tenpas, 11330 50th St. N., objected to the ten year term of the Interim Use Permit and allowing a zoning text amendment that only benefits one person. Jean Madrinich, 11240 50th St. N., stated concerns about alcohol consumption and noise. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2016 Page 3 of 6 Austin Anderson, 11686 56th St. N., stated he is the Sanctuary HOA President and related neighborhood concerns about traffic if the road from Sanctuary is connected to the proposed Landucci development. Robert Williams, attorney representing a group of residents opposed to the proposal, stated that the text of existing ordinance is being changed to benefit just one resident and questioned the number of ceremonies that would be allowed. Nathan Landucci, Legends developer, objected the setback discrepancy and asked the Council to table approval so issues could be worked out. Ben Backberg, 5693 Linden Ave. N., stated safety is the biggest concern with this proposal and proposed waiting on approval. Dennis Meissner, 4830 Lily Ave. N., stated concern that the Tana Ridge neighbors weren’t notified of the public hearing and feels 10 years is too long. Carolyn Cary, 5701 Linden Ave. N., expressed opposition to Sanctuary being connected to the Landucci development. Bob Fossum, 4996 Linden Tr. N., stated he is in support of the proposal and it should be approved. Carol Palmquist, 12202 55th St. N., stated full support for the application and added that barns contribute to the rural character of the area and should be restored. Jennifer Pelletier stated that it is the Council’s duty to consider the impact on neighbors. Michelle Chickett, 5711 Linden Ave. N., stated the barn is not rural character and expressed concern about traffic. Amy Vanderhoff, 11384 50th St. N., stated she is in favor of the proposal and reminded the Council that people in support tend to stay home and people opposed tend to come to the meetings. The City Clerk read a summary of emails received prior to the meeting from residents who could not attend. The Council discussed the resident concerns and Planning Commission recommendations. Councilmember Smith, seconded by Mayor Pearson, moved TO APPROVE ORDINANCE 08- 129 AMENDING THE LAKE ELMO CODE OF ORDINANCES, SECTION 154.310, SUBD. D, CHANGING THE MINIMUM CRITERIA TO SITES TEN ACRES OR GREATER, LIMITING CEREMONIES TO NO MORE THAN 4 PER WEEK AND NO MORE THAN 3 PER DAY, REQUIRING THE OPERATOR OR A RESPONSIBLE DESIGNEE (A FAMILY MEMBER, EMPLOYEE OR RESPONSIBLE DESIGNEE AT LEAST 21 YEARS OF AGE) TO BE ON THE PREMISES FOR THE DURATION OF EACH EVENT, EXEMPTING COMMERCIAL WEDDING CEREMONY VENUES FROM THE COMMERCIAL SURFACING AND CURBING REQUIREMENTS OF CITY CODE SECTION 154.210. Mayor Pearson moved TO AMEND THE MOTION TO REDUCE THE NUMBER OF EVENTS TO 3 PER WEEK AND REQUIRE THE OPERATOR TO NOTIFY THE CITY LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2016 Page 4 of 6 WITH THE IDENTITY(IES) OF THE RESPONSIBLE DESIGNEE(S). Motion failed – no second. Councilmember Smith, seconded by Mayor Pearson, moved TO AMEND THE PRIMARY MOTION TO STRIKE “3 PER DAY” AND REPLACE WITH “2 PER DAY”. Primary motion passed 3 – 2. (Fliflet, Lundgren – nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved that PER THE STAFF REPORT FINDINGS OF FACT THE INTERIM USE PERMIT DOES NOT MEET #2 OF ADVERSELY IMPACTING NEARBY PROPERTIES THROUGH NUISANCE, NOISE, TRAFFIC, DUST, OR UNSIGHTLINESS AND WILL NOT OTHERWISE ADVERSELY IMPACT THE HEALTH, SAFETY, AND WELFARE AND THE INTERIM USE PERMIT MUST BE DENIED BASED ON THAT FINDING OF FACT. Councilmember Lundgren, seconded by Councilmember Fliflet, moved a substitute motion TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT FOR DENIAL OF THE INTERIM USE PERMIT. Motion failed 2 – 3. (Pearson, Bloyer, Smith – nay) Primary motion failed 2 – 3. (Pearson, Bloyer, Smith – nay). Councilmember Smith, seconded by Mayor Pearson, moved TO APPROVE RESOLUTION 2016-12 APPROVING THE TEN YEAR INTERIM USE PERMIT FOR A COMMERCIAL WEDDING CEREMONY VENUE LOCATED AT 11658 50TH STREET NORTH WITH 12 CONDITIONS. Councilmember Bloyer, seconded by Mayor Pearson, moved TO REMOVE CONDITION #2. Motion passed 3 – 0 – 2. (Fliflet, Lundgren – abstain) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay). Agenda Items 16 and 20 were postponed to the next meeting due to the length of the meeting. ITEM 13: Arbor Glen Senior Living Planning Director Wensman reviewed the request for a zoning text amendment, rezoning and Conditional Use Permit to allow the construction of a senior living facility in the VMX zoning district. Discussion was held regarding areas that allow congregate housing, setbacks, access and parking. Wensman also presented the Planning Commission findings and recommended conditions of approval. Matt Frisbee spoke on behalf of the applicants and reviewed data on emergency calls at similar senior living facilities. Dick Weir, 3645 Laverne Ave. N., stated the community has needed this type of housing for years and he and his fellow residents support this proposal. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2016 Page 5 of 6 Barry Weeks, 3647 Lake Elmo Ave. N., stated that something like this has been needed for a long time so seniors can stay in the community. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2016-10 APPROVING A COMPREHENSIVE PLAN TEXT AMENDMENT TO INCREASE THE MAXIMUM ALLOWED DENSITY FOR SENIOR CONGREGATE HOUSING FACILITIES WITHIN SERVICES FROM 10 UNITS PER ACRE TO 16 UNITS PER ACRE IN THE VMX DISTRICT. Motion passed 4 – 1. (Bloyer – nay) Councilmember Bloyer stated he is opposed to master planning and directing where building occurs. Councilmember Smith, seconded by Councilmember Lundgren, moved TO ADOPT ORDINANCE 08-129 REZONING LOT 1, BLOCK 1, BROOKMAN ADDITION FROM THE GB-GENERAL BUSINESS TO VMX-VILLAGE MIXED USE ZONING DISTRICT. Motion passed 5 – 0. Councilmember Smith, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2016-11 APPROVING OF A CONDITIONAL USE PERMIT FOR CONGREGATE HOUSING (ARBOR GLEN SENIOR LIVING FACILITY) WITH SERVICES WITH 12 CONDITIONS. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADD CONDITION 13 THAT THE APPLICANT DISCUSS WITH STAFF, INCLUDING THE FIRE CHIEF AND LAKEVIEW AMBULANCE, AN EQUITABLE SOLUTION REGARDING EMERGENCY SERVICES. Motion passed 3 – 2. (Fliflet, Lundgren – nay) Primary motion passed 5 – 0. Councilmember Lundgren left the meeting at approximately 1:30 a.m. ITEM 14: Approve City Administrator Contract Councilmember Bloyer stated he would like to discuss and see a copy of the contract. Councilmember Bloyer, seconded by Mayor Pearson, moved TO INSTRUCT THE CITY ATTORNEY TO ENTER INTO NEGOTIATIONS WITH CLARK SCHROEDER TO SERVE AS INTERIM ADMINISTRATOR THROUGH THE END OF THE YEAR. Motion failed 1 – 3. (Pearson, Fliflet, Smith – nay) Councilmember Fliflet, seconded by Councilmember Smith, moved TO OFFER THE CITY ADMINISTRATOR POSITION TO KRISTINA HANDT AND DIRECT THE CITY ATTORNEY TO NEGOTIATE A CONTRACT TO BE BROUGHT BACK FOR CITY COUNCIL APPROVAL AT THE NEXT MEETING. Motion passed 3 – 1. (Bloyer – nay) COUNCIL REPORTS Mayor Pearson: Congratulated Dr. Baillie of Cedar Vet Clinic on his award for LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 2016 Page 6 of 6 Veterinary of the Year by the Minnesota Veterinary Medical Association. Attended a meeting at Washington County regarding the library and reported that Commissioner Kriesel called to pledge is assistance with the library status issue. Held a Meet the Mayor event, met with school district representatives to discuss the bus garage, invited the environmental committee to look at potential grant opportunities for stormwater issues, Councilmember Fliflet: No report Councilmember Smith: Attended the bus garage meeting, apologized to Mr. Doerschner for her actions after the previous meeting and stated it is time to be inclusive and work together. Councilmember Lundgren: left the meeting at approximately 1:30 a.m. Councilmember Bloyer: Attended a County Board meeting regarding the library, reported on the milfoil grant approved at the last meeting and explained that Lake Jane resident group was advised by Barr Engineering against pursuing a grant due to matching funds required. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: absent City Clerk Johnson: No report. Finance Director Bendel: Assisted with the State of Minnesota audit on the Valley Cartage grant and has closed the file satisfactorily. City Attorney Sonsalla: Working on templates with the Engineering and Planning Departments. Planning Director Wensman: No report. City Engineer Griffin: No report. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ENTER EXECUTIVE SESSION. Motion failed 2 – 2. (Fliflet, Smith – nay) Meeting adjourned at 2:14 a.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk 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/INQUIRIES 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 1st Addition – Approve Reduction of Security #1 6. Savona 2nd Addition – Approve Reduction of Security #1 7. Waive Duplicate Fee for Zoning Text Amendment Consent Agenda approved as presented. ITEM 8: Refer Home 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 OCCUPATION ORDINANCE TO THE PLANNING COMMISSION TO LOOK AT ONE INCONSISTENCY IN HAIR DRESSING AND CONDUCT FURTHER REVIEW AT A LATER DATE. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 2 of 7 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 Councilmember Lundgren, moved TO DIRECT STAFF TO ADVERTISE, RECRUIT, INTERVIEW AND RECOMMEND FOR EMPLOYMENT THE BUILDING OFFICIAL POSITION. Motion passed 5 – 0. ITEM 10: Palmquist 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 50th 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 DISCUSSION ON 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 the neighborhoods would increase the likelihood of a traffic signal being installed at the 50th 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 Nimmo, 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 connection now. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 3 of 7 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 50th street and suggested alternate emergency access via 55th Street. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-12 WITH ADDITIONAL CONDITION ADDING A CUL DE SAC AT 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 Items Administrator Schroeder 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. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 4 of 7 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 SET A POLICY THAT ANY CITY COUNCIL MEMBER CAN ADD AN ITEM TO A COUNCIL AGENDA. HOWEVER, IF AN ITEM IS BROUGHT FORWARD TO THE COUNCIL ON AN AGENDA AND IT IS REMOVED BY A MAJORITY VOTE OF THE COUNCIL BECAUSE THE COUNCIL DOES NOT AGREE WITH DISCUSSING THE AGENDA ITEM, THEN THE COUNCIL MEMBER THAT PUT THE ITEM ON THE AGENDA CANNOT BRING THE ITEM BACK TO BE PLACED ON A SUBSEQUENT AGENDA. 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, expressed 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 A SINGLE FIRE STATION AND IDENTIFY APPROPRIATE SITES. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 5 of 7 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 Watermain 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 AWARDING 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 – 0. 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 former 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. Councilmember 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 17: Library Associate Status Discussion and Possible Action (removed from agenda) ITEM 18: Repairs to Engine 2 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: Building Official Ordinance Interim Administrator Schroeder reviewed information provided to the Council regarding the Building Official Ordinance and reporting structure in the City’s Ordinance. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 6 of 7 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 Councilmember Bloyer, moved 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. (Fliflet, 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 COUNCILMEMBER 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 – 0. COUNCIL REPORTS Mayor Pearson: No report Councilmember Fliflet: 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. LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 2016 Page 7 of 7 STAFF REPORTS 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. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES MARCH 8, 2016 CALL TO ORDER Council agreed by consensus to proceed without a Parliamentarian. Mayor Pearson called the meeting to order at 6:05 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, and Jill Lundgren. ABSENT: Councilmember Bloyer Staff present: Interim Administrator Schroeder, City Attorney Sonsalla, and City Clerk Johnson. Mayor Pearson, seconded by Councilmember Fliflet, moved TO ADD STAFF REPORT TO THE AGENDA. Motion passed 4 – 0 CITY ADMINISTRATOR CONTRACT Councilmember Fliflet reviewed the general terms of the contract. Councilmember Smith suggested a performance review after six months. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE CITY ADMINISTRATOR CONTRACT AND AUTHORIZE THE MAYOR AND CLERK TO SIGN IT. Motion passed 4 – 0. STAFF REPORT Interim Administrator Schroeder reported on correspondence received on pending litigation and suggested scheduling a meeting with the City Council and attorneys representing the parties. Consensus was reached to schedule a special meeting for Monday, March 14, 2016 at 8:00 a.m. Mayor Pearson, seconded by Councilmember Lundgren, moved to adjourn at 6:25 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 CONSENT ITEM #2 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 SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $222,822.17 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $222,822.17. 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 2] April 5, 2016 -- page 2 -- BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 14,914.91 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 Deposits) 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 $222,822.17. ATTACHMENTS: 1. Accounts Payable – check registers MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/16 CONSENT ITEM: #3 AGENDA ITEM: Accept 2015 Lake Elmo Fire Relief Association Actuarial Study Report SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Steve Rutkowski, Lake Elmo Fire Relief President SUGGESTED ORDER OF BUSINESS: - Introduction of Item ................................................................................ Finance Director - Report/Presentation ................................................................................ Finance Director - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates FINANCIAL IMPACT: 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 information to the Fire Relief Board and proposed that in the years where the Fire Relief receives supplemental state aid funds from the State, above the annual base state aid, that the Fire Relief would fund this cost. In the years where supplemental funds are not received, there would be a follow up discussion as to the specific funding. This is how many other Cities are handling the funding. 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 Elmo Fire Relief Association Actuarial Report. ATTACHMENTS: 1. Actuarial Report from Hildi Inc. MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/16 REGULAR ITEM #: 4 MOTION AGENDA ITEM: 50th street stoplight SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: 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 BACKGROUND AND STAFF REPORT: At the November 17th 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 KNOWN AS STATE HIGHWAY 5. Subsequently, a City Council workshop was held on March 8th 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 50th. 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 50th street and county state aid highway 15(Manning Ave) as soon as possible” ATTACHMENT(S): Resolution 2016-25 50th street stop light Washington County 3/8/16 presentation 477202v1 SJS LA515-1 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 50TH 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. County Highway 15 (Stillwater Blvd) Access Planning and Traffic Control Lake Elmo City Council Workshop March 8th, 2016 Joe Gustafson PE, PTOE Traffic Engineer Washington County Public Works joe.gustafson@co.washington.mn.us County Highway 15 2 Corridor Timeline •Fatal rear-end crash at 50th St. in 2002 •Center left turn lanes added in 2009 –Zero verifiable injury crashes since then. •MnDOT “turned back” to County in 2015 •Realignment project planned for 2018 •Future 4-Lane divided corridor 3 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 Signal Considerations •Signals are NOT safety devices. –Crash rates normally increase overall. •Signals are right-of-way assignment devices. –Maximum delays become capped, but delays become higher overall. •Construction costs are split by leg. •Operating costs are shared. •Turn lanes are normally required 5 Signal Considerations •Signal warrants thresholds not met at any of the intersections. •Left turn delays are high at all of the intersections. •Not realistic to signalize each intersection in the corridor. •If a signal is installed, need to prioritize. 6 Unsignalized Intersections •55th Street •53rd Street / Marquess •50th Street •Linden Trail / McDonald Drive •Private driveways 7 8 55th St N 53rd / Marquess 50th St N McDonald/Linden 55th Street •Serves OPH commercial area •Serves Post Office Annex •Serves Marquess neighborhood •Serves Carriage Station office complex •Does not serve any parcels on east side •298 vehicles made left turns 6am-7pm –Maximum: 40 vehicles during 7am-8am hour. 9 10 55th St N 53rd / Marquess 50th St N McDonald/Linden 53rd / Marquess •Serves Marquess neighborhood •Serves St. John’s Church •53rd serves large area of Baytown Twp. •Connectivity to 55th Street • 113 vehicles made left turns 6am-7pm –Maximum: 13 left turns vehicles 6am-7am –13 left turns again during 9am-10am (tied). 11 12 55th St N 53rd / Marquess 50th St N McDonald/Linden 50th Street •Municipal State Aid street •Continuous to Lake Elmo Ave (CR 17) •Serves relatively few neighborhoods •Does not serve any parcels on east side •162 vehicles made left turns 6am-7pm –Maximum: 20 vehicles during 5pm-6pm hour. 13 14 55th St N 53rd / Marquess 50th St N McDonald/Linden Linden / McDonald •Serves large area of Baytown Twp •Serves Linden Trail neighborhood •Serves 50th Street, but only by way of Linden Trail. •76 vehicles made left turns 6am-7pm –Maximum: 13 vehicles during 7am-8am hour. 15 16 55th St N 53rd / Marquess 50th St N McDonald/Linden 17 55th St N 53rd / Marquess 50th St N McDonald/Linden 298 113 162 76 Daily Left Turn Volumes 18 55th St N 53rd / Marquess 50th St N McDonald/Linden 40 13 20 13 Peak Hour Left Turn Volumes 2010-20140 5 10 15 20 25 30 35 23 2 1 1 3 0 1 0 1 0 3 2 35 Total Crashes 2010-2014 Crashes on Stillwater Blvd (CSAH 15) 20 55th St N 53rd / Marquess 50th St N McDonald/Linden 3 1 1 3 Number of Crashes (5 yr) 23 35 21 55th St N 53rd / Marquess McDonald/Linden Intersection Spacing 1200 ft 1750 ft 1850 ft 960 ft 1700 ft 2280 ft 1650 ft 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 Signal Considerations •No easy answer. However: –55th Street has access to another signal. –Marquess has access to 58th Street. –53rd Street (Baytown) has another route to 40th Street (CSAH 14) –McDonald/Linden has the fewest left turns. •50th Street is a collector street. –It does not have reasonable alternate routes. –It will soon serve more neighborhoods. 23 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 50th. –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 Cost Considerations •50th Street Cost Share Example: –Wood Pole Signal, $180,000.00 •County Share: $120,000 •City Share: $60,000 –Turn lanes are already in place –Yearly power cost approximately $800. –County maintains signal indications –City maintains streetlights 25 Questions 26 •Does the city wish to pursue a signal project based on this information? •If yes, which year? (2017 or later) •Priority vs. other needs in Lake Elmo? 477202v1 SJS LA515-1 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 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 REGULAR ITEM # 5 AGENDA ITEM: Village City Property Sewer Service Connections– Receive Contractor Quotes and Award Contract SUBMITTED BY: Chad Isakson, Assistant City Engineer THROUGH: Kristina Handt, 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 - Report/Presentation ....................................................................... City Engineer - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Administrative; Fire Department; Library; Engineering. FISCAL IMPACT: $60,920. The estimated amount of $60,920 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 $15,920 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. City Council Meeting [Regular Agenda Item 5] April 5, 2016 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 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 City SAC + Connection Fee ($3,000 + $1,000)*SAC Met Council SAC ($2,485*SAC) Total Sewer Connection Costs Fire Station No. 1 $3,250 $16,000 $9,940 $29,190 Lions Park Shelter $9,325 $4,000 $2,485 $15,810 Lake Elmo Library* $2,950 $8,000 $4,970 $15,920 * Lake Elmo Library work 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: City Council Meeting [Regular Agenda Item 5] April 5, 2016 -- page 3 -- “Move 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 $15,525”. ATTACHMENT(S): 1. Property Location Map. 2. Capra Utilities Quote. N %+6;2412'46+'5#8#+.#$.'61%100'%61.&8+..#)' %+6;1(.#-''./1 2*#5'+/2418'/'065CSAH 14 ( OL D H WY 5)LAVERNE AVE NLAKE ELMO AVE (CSAH 17)61/70+%+2#.5#0+6#4;5'9'4 1 2 3 4 UPPER 3 3 R D S T N Capra's Utilities Inc. 2340 Leibel Street White Bear Lake, MN 55110 (651)762-2500 mike@capras.com www.capras.com PROPOSAL ADDRESS Lake Elmo c/o Frank Borich 3803 Laverne Ave Lake Elmo, MN 55042 PROPOSAL #4328 DATE 03/14/2016 Fire Station DESCRIPTION AMOUNT Services We will provide and install a new 4" schedule 40 PVC sanitary sewer line from the fire station to the property line stub. 1,750.00 Services We will pump out and remove the existing tank. 1,200.00 We will 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 be an additional charge of $400.00 if requested. Services The Department of Labor and Industry will require us to submit a plumbing plan to them prior to installation. Creating the plans and plan review will be an additional $300.00. If the City chooses to submit the plans there will be no charge. 300.00 All City fees are to be paid at the owners expense. 1 1/2% per month charge on accounts over 30 days. All agreements contingent upon strike, accident or delays beyond our control. Any frost, ground water or rock excavation will be 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. TOTAL $3,250.00 Accepted By Accepted Date Capra's Utilities Inc. 2340 Leibel Street White Bear Lake, MN 55110 (651)762-2500 mike@capras.com www.capras.com PROPOSAL ADDRESS Lake Elmo c/o Frank Borich 3803 Laverne Ave Lake Elmo, MN 55042 PROPOSAL #4330 DATE 03/14/2016 Parks building DESCRIPTION AMOUNT Services We will provide and install a new 4" schedule 40 PVC sanitary sewer line from the parks building to the property line stub. 4,975.00 Services We will pump out and remove the existing tank. 1,200.00 Services 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 Foamular 250 Rigid foam insulation and we will insulate 4' wide for the length of pipe as needed. The cost for the foam insulation is $8.00 per lineal foot. 1,000.00 We will 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 as needed. Services We will replace the concrete slab that we are going to remove. 500.00 Services Two loads of crushed lime rock 800.00 Services One load of pulverized black dirt. 350.00 Services Seed and cover straw. 200.00 Services The Department of Labor and Industry will require us to submit a plumbing plan to them prior to installation. Creating the plans and plan review will be an additional $300.00. If the City chooses to submit the plans there will be no charge. 300.00 All City fees are to be paid at the owners expense. 1 1/2% per month charge on accounts over 30 days. All agreements contingent upon strike, accident or delays beyond our control. Any frost, ground water or rock excavation will be an extra charge. All private underground utilities are the TOTAL $9,325.00 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 Capra's Utilities Inc. 2340 Leibel Street White Bear Lake, MN 55110 (651)762-2500 mike@capras.com www.capras.com PROPOSAL ADDRESS Lake Elmo c/o Frank Borich 3803 Laverne Ave Lake Elmo, MN 55042 PROPOSAL #4329 DATE 03/14/2016 Library DESCRIPTION AMOUNT Services We will provide and install a new 4" schedule 40 PVC sanitary sewer line from the Library to the property line stub. 1,500.00 Services We will pump crush and fill the existing tanks as needed, Pumping crushing and filling of the tanks will be a separate mobilization. 1,000.00 We will back fill, compact and final grade the site upon completion. Services 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. 75.00 Services We may need 2-3 yards of recycled base 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. 75.00 Services There will be no sod or black dirt restoration included. Black dirt can be delivered and spread for an additional charge of $350.00 per load. Seed and cover straw will be an additional charge of $200.00 if requested. Services The Department of Labor and Industry will require us to submit a plumbing plan to them prior to installation. Creating the plans and plan review will be an additional $300.00. If the City chooses to submit the plans there will be no charge. 300.00 All City fees are to be paid at the owners expense. 1 1/2% per month charge on accounts over 30 days. All agreements contingent upon strike, accident or delays beyond our control. Any frost, ground water or rock excavation will be 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. TOTAL $2,950.00 Accepted By Accepted Date 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 $87,000 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 Michael Bent as the Building Official with a starting annual salary of $85,000, an increase to $87,000 after successful completion of the orientation period, and PTO accrual at the 10 year service rate. MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 SUGGESTED ORDER OF BUSINESS (if removed from the consent agenda): - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: 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: “Move to approve Ordinance 08-132 , An Ordinance Amending the Lake Elmo Fee Schedule.” 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 formal City Council Meeting Agenda Item 20 March 30, 2016 -- page 2 -- 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: 1.Ordinance2. 2016 City of Lake Elmo Fee Schedule ORDINANCE 08-132 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: Mike Pearson Mayor ATTEST: Julie Johnson City Clerk EFFECTIVE DATE: This ordinance shall become effective on following adoption and publication. PUBLICATION DATE: Published on the _____ day of _______________ 2016. City of Lake Elmo Fee Schedule 2016 1 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Accessory Bldg forward of Primary Structure (§154.092)$200.00 Planning Administrative Citations Administration General Code Violations:Administration 1st offense $100.00 per violation Administration 2nd offense within one year from the first citation $200.00 per violation Administration 3rd offense within one year from the first citation $500.00 per violation Administration Administration Building and Safety Code Violations:Building 1st offense $100.00 per violation Building 2nd offense within one year from the first citation $500.00 per violation Building 3rd offense within one year from the first citation $1000.00 per violation Building Building Amateur Radio Antenna $875.00 Planning Appeal (to Board of Adjustment and Appeals)$250.00 Administration Bee Keeping Permit $25.00 Valid for 2 years from issuance Administration Building Demolition Administration Residential $200.00 Building Commercial $300.00 Building Burning Permit Fire Residential $45.00 Fire Commercial $80.00 Fire Illegal Burn see notes →Additional fees may be incurred based on Wash. Cty. Chief's fee schedule and # of responding units Fire Chicken Keeping Permit $25.00 Initial permit expires on 12/31 of 2nd year.Administration Comprehensive Plan Amendment $1,300.00 Planning Conditional Use Permit (CUP) Planning New $1,050.00 Planning Amended $500.00 Planning Contractor License Fees Licensing 4th offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the City. An administrative citation may also be issued independently or concurrent to any other legal action taken by the City. 4th offense or subsequent offenses may be subject to criminal prosecution or any other legal remedy available to the City. An administrative citation may also be issued independently or concurrent to any other legal action taken by the City. Wireless Communication Facilities Fee Escrow $6,000.00. Flood Plain Ordinance Fee Escrow $500.00. Plus $5.00 Surcharge (State Mandated) City of Lake Elmo Fee Schedule 2016 2 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Demolition $50.00 Licensing Driveway $50.00 Licensing Excavator $50.00 Licensing HVAC $50.00 Licensing Irrigation $50.00 Licensing Sewer/Water Line Installer $50.00 Licensing Sign Installer $50.00 Licensing Solid Waste Hauler $120.00 Licensing Copy Services (Paper/Electronic)Administration Copies (B&W)$0.25 per page 100 pages or more are charged at actual cost of production Administration Copies (Color)$0.50 per page 100 pages or more are charged at actual cost of production Administration Copies (B&W) 11x17 $1.00 per page 100 pages or more are charged at actual cost of production Administration Copies (Color) 11x17 $2.00 per page 100 pages or more are charged at actual cost of production Administration Data DVD Fee $15.00 Administration GIS Scaled Aerial $25.00 Administration Existing Maps $5.00 Administration Custom (Per Hour Rate)$70.00 Administration Plan Size Maps (Larger than 11x17)$15.00 Administration Development Standards Specs/Details $55.00 Administration Video reproduction $10.00 Administration Culverts in Developments with Rural Section $160.00 Administration Daycare Inspection Fee $60.00 Plus $5.00 Surcharge (State Mandated) Plus 1% of Value. Minimum $100.00 Fire Dog License- altered $20.00 Licensing Dog License- unaltered $25.00 Licensing Dog License- late fee $2.50 per month Maximum $10 Licensing Service Dog License No Charge Licensing Duplicate License or Tag $1.00 Licensing First Impound- Unlicensed Dog $60.00 Licensing First Impound- Licensed Dog $42.00 Licensing First Impound- Cat $42.00 Licensing Subsequent dog/ cat impound $85.00 Licensing Driveway Planning Residential $70.00 Planning All Impound Fees plus $20/day Boarding Fee City of Lake Elmo Fee Schedule 2016 3 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Commercial $160.00 Planning Easement Encroachment $150.00 Staff & Recording Fee Planning Electronic Fund Withdrawl/Bill Payment Fee + Trans. Charge Administration Environmental Review Village Area AUAR Fee $230.00 Per REC Unit. To be charged to development applications that increase the number of REC units above existing conditions within the Village AUAR Area. The fee will be based on the difference between the proposed and existing REC units. Fee to be paid as part of a developer’s agreement for larger projects or at the time a building permit is issued for smaller projects. Once paid, the same land will not be charged again.Planning Erosion Control Building Re-inspection Fee (portal to portal from City Hall: 1 Hr. min)$50.00 per hour $5,000.00 Security Building Excavating & Grading ≥ 50 cubic yards, up to 400 cubic yds $125.00 Security $500.00 Building Excavating & Grading ≥ 400 cubic yards $500.00 $500.00 fee escrow plus security $1,500.00 per acre with $1,500 minimum.Engineering False Alarms (12 Month Period)* (*1-3 no charge)Fire Residential Fire 4-6 False Alarms $110.00 Fire In Excess of 6 False Alarms $185.00 Fire Commercial Fire 4-6 False Alarms $315.00 Fire In Excess of 6 False Alarms $520.00 Fire Fire Alarm Systems (new or rework including low voltage systems)1.2% of value plus $5.00 surcharge; Minimum $100 Building Flood Plain District Delineation $500.00 Planning Fuel Tank Removal (Underground)$250.00 Plus $5.00 Surcharge (State Mandated)Administration Fuel Tank Install 2% of value of work Minimum $100.00 Administration HVAC Building Residential $60.00/unit Up to 3 units, max fee $180.00 plus $5.00 Surcharge (State Mandated)Building Commercial $60.00/unit Up to 3 units or 1% of total valuation, whichever is greater. Plus Surcharge (State Mandated)Building Interim Use Permit (IUP)Planning Fee $1,050.00 Planning City of Lake Elmo Fee Schedule 2016 4 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Renewal $300.00 Planning Land Use Escrow $2,500.00 Escrow Agreement Planning Liquor License Licensing Club On-Sale Intoxicating $100.00 Licensing On-Sale Intoxicating $1,500.00 Licensing Off-Sale Intoxicating $200.00 Licensing Off-Sale Non-Intoxicating $150.00 Licensing On-Sale Intoxicating- 2nd Building $750.00 Licensing On-Sale Non-Intoxicating $100.00 Licensing Investigation $350.00 Licensing On-Sale Sunday Intoxicating $200.00 Licensing Temporary Intoxicating $25.00 Licensing Wine $300.00 Licensing Lot Line Adjustment $325.00 Planning Manufactured Home Parks Planning Fee $1,000.00 Planning New $1,200.00 Plus $2,500.00 Fee Escrow Planning Move home out of the city $200.00 Plus $5.00 Surcharge (State Mandated)Building Move home into the city $200.00 Plus $5.00 Surcharge (State Mandated)Building Massage Therapy Premises License Licensing Application Fee $100.00 Fee includes one Therapist Licensing Investigation Fee $100.00 Licensing Massage Therapy Practitioner License Licensing Application Fee $50.00 Licensing Investigation Fee $25.00 Licensing Massage Therapy Premises License Renewal $50.00 Fee includes one Therapist Licensing Massage Therapy Practitioner License Renewal $25.00 Licensing Massage Therapy License Amendment $25.00 Licensing Minor Subdivision $525.00 Planning Moving House or Primary Structure into City $520.00 Plus security w/amount to be determined by the City w/recommendation from building official Administration Moving Accessory Structure into City $305.00 Plus security to be determined by the City w/recommendation from building official Administration Other Inspections and Fees Building Inspection outside of business hours $100.00 (2 Hr. Min.)Building City of Lake Elmo Fee Schedule 2016 5 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Re-inspection Fees Assessed $50.00 per hour Building Inspections with no fee assigned $50.00 per hour Building Construction Escrow $5,000.00 Or determined by Building Official Building Cancelled or Refunded Permits $25.00 Building Work without Permit see notes Investigative fee to equal permit fee Building Duplicate Inspection Card $25.00 Building Park Dedication Planning Residential - Up to three lots $3,600.00 per lot Four or more lots per §153.14 Planning Commercial $4,500.00 per acre Planning Parking Lots Planning New Commercial $175.00 Planning Existing Commercial $200.00 Planning Platting Sketch Plan Review (Subdivision)$500.00 $3,500.00 Fee Escrow Planning Preliminary Plat (Subdivision)$1,850.00 $10,000.00 Fee Escrow Planning Final Plat (Subdivision)$1,250.00 $8,000.00 Fee Escrow Planning $5,000.00 (<100 units) Fee Escrow $7,500.00 (>100 units) Fee Escrow $5,000.00 (<100 units) Fee Escrow $7,500.00 (>100 units) Fee Escrow $5,000.00 (<100 units) Fee Escrow $7,500.00 (>100 units) Fee Escrow (City will retain escrows to reimburse review costs for each stage of development review) Planning Planned Unit Development Planning General Concept Plan $1,250.00 $7,500.00 Fee Escrow Planning Development Stage Plan $1,850.00 $7,500.00 Fee Escrow Planning Final Plan $1,250.00 $7,500.00 Fee Escrow Planning (City will retain escrows to reimburse review costs for each stage of development review) Planning Plumbing Administration Residential $60.00/unit Up to 3 units, max fee $180.00 plus $5.00 Surcharge (State Mandated)Building Commercial $60.00/unit Up to 3 units or 1% of total valuation, whichever is greater. Plus Surcharge (State Mandated)Building Escrow Fee for Sewer Connection Permit $500.00 Escrow Building Final Plat (OP Development) Concept Plan (OP Development) Planning Planning $500 Fee Escrow. Security $1,500.00 per acre with $1,500.00 minimum. $1,250.00 Planning $1,850.00 $1,250.00 Preliminary Plat Review (OP Development) City of Lake Elmo Fee Schedule 2016 6 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Private Roads (Permitted only in AG zone)$150.00 Planning Restrictive Soils and Wetland Restoration Protection and Preservation Permit $800.00 $1,500.00 Fee Escrow Planning Retaining Walls over 4'$150.00 Plus $5.00 State Surcharge Building Returned Check (NSF)$25.00 Administration Right-of-Way Permit Engineering Annual Registration $200.00 $5,000.00 Security Engineering Excavation Permit $275.00 + $.60/foot Engineering Joint Trench Permit (per lot per utility)$275.00 + $.60/foot Engineering Obstruction Permit $275.00 Engineering Permit Extension $100.00 Engineering Delay Penalty (per calendar day)$25.00 Engineering Roofing Building Residential $150.00 Plus $5.00 State Surcharge Building Commercial see notes Based on valuation Building SAC Charge (City) (Sewer Availability Charge)$3,000.00 Per REC Unit: collected at time of plat for new lot or at time of connection for existing.Engineering SAC Charge (Met Council) (Sewer Availability Charge)$2,485.00 Per REC Unit: $2,485.00 to Met Council at time of connection.Engineering Sewer Connection Charge $1,000.00 Per REC Unit Engineering Sewer Lateral Benefit Charge $5,800.00 Per REC Unit connecting to a Trunk Sewer Main and that has never been assessed Engineering Sewer Rate $4.50/1,000 Gal Administration 201 Off-Site Maintenance Fee $75.00/unit/quarter Administration Real Estate Searches $15.00/Search For special assessment or utility search Administration Siding Building Residential $150.00 Plus $5.00 State Surcharge Building Commercial see notes Based on valuation Building Signs - Permanent $180.00 Planning Signs - Temporary $75.00 Planning Temporary Renewal $25.00 Planning Re-inspection Fee $25.00 Planning Special Event Permit $75.00 City must be listed as additional insured Planning Sprinkler System (Inspection Fee)1.2% of value plus $5.00 surcharge; Minimum $100 Building Sprinkler System (Re-Inspection Fee)$50.00 Building Surface Water Administration City of Lake Elmo Fee Schedule 2016 7 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Residential $50.00 Administration Non-Residential (Commercial etc.)$50.00 Utility rate factor per code Administration Review Fee $125.00 $75 Review/$50 Storm Water Fund Administration Vacations (Streets or Easements)Planning Easements $515.00 $500.00 Fee Escrow Planning Streets $515.00 $500.00 Fee Escrow Planning Variance $750.00 Planning Shoreland Variance $1,500.00 Planning Water Availability Charge (WAC)$3,000.00 Per REC Unit; collected at time of plat for new lot or at time of connection for existing.Engineering Water Connection Charge $1,000.00 Per REC Unit Administration Water Equipment/Set up Administration Meter (3/4" or less)$350.00 Administration Driveway Curb Stop Lid $100.00 Administration Disconnect Service $80.00 Administration Reconnect Service $80.00 Administration Water Lateral Benefit Charge $5,800.00 Per REC Unit connecting to a Trunk Water Main and that has never been assessed Engineering Water Usage Administration Residential - Quarterly Rate $20.00 Base Administration Residential - Plus Rate per 1,000 Gallons Administration Plus Rate for 0-15,000 Gallons $2.00 Administration Plus Rate for 15,001-30,000 Gallons $2.60 Administration Plus Rate for 30,001-50,000 Gallons $3.38 Administration Plus Rate for 50,001-80,000 Gallons $4.39 Administration Plus Rate for 80,001 + Gallons $5.71 Administration Water Usage Administration Commercial - Quarterly Rate $25.00 Base Administration Commercial - Plus Rate Per 1,000 Gallons Administration Plus Rate for 0 - 15,000 Gallons $3.11 Administration Plus Rate for 15,001 - 30,000 Gallons $3.26 Administration Plus Rate for 30,001 - 50,000 Gallon $3.77 Administration Plus Rate for 50,001 - 80,000 Gallons $5.00 Administration Plus Rate for 80,001 + Gallons $6.63 Administration Water Usage For metered non-irrigation (domestic) consumption Administration Additional fees apply to larger sized meters City of Lake Elmo Fee Schedule 2016 8 APPLICATION/FEE/PERMIT TYPE 2016 FEE ESCROW OR ADDITIONAL CHARGE DEPARTMENT Hotel / Motel - Quarterly Rate $25.00 Base Administration Hotel / Motel - Plus Rate Per 1,000 Gallons Administration Plus Rate for 0 -30,000 Gallons $3.11 Administration Plus Rate for 30,001 - 50,000 Gallons $3.26 Administration Plus Rate for 50,001 + Gallons $4.00 Administration Water Usage Delinquent Accounts Administration Regular 6% per quarter Plus $25.00 or 8%, whichever is greater, if certified to County for collection with taxes Administration Storm Water 10% per year Plus $25.00 or 8%, whichever is greater, if certified to County for collection with taxes Administration Bulk Water Purchase Administration Water from Hydrant $61.20 1st 5,000 Gal Plus $3.26/additional 1,000 gallons Administration Sod Installation (New Construction)$61.20 1st 5,000 Gal Up to 45 days. Resident must contact city in advance.Administration Swimming Pool Fill $61.20 1st 5,000 Gal Plus $3.26 per 1,000 gallons and $15.00/hr labor Administration Wind Generator $850.00 $2,000.00 Fee Escrow Planning Wireless Communication Permit $500.00 $6,000.00 Fee Escrow Planning Zoning Amendment (Text or Map)$1,245.00 Planning Zoning Certification Letter $25.00 Planning Zoning Permit - Certificate of Zoning Compliance Planning Accessory Structures < 200 SF $75.00 Planning Fence (less than 6')$75.00 Planning Swimming Pool $75.00 Planning Other $75.00 Definition of Terms **Security: City will retain a security escrow to ensure completion of work as directed by the approved permit/application and compliance with the State Building Code and the City of Lake Elmo Municipal Code. *Fee Escrow: City will maintain a fee escrow to cover all City review costs. Application fees include all professional fees and expenses incurred by the City. MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 SUGGESTED ORDER OF BUSINESS: - Introduction of Item ......................................................... Interim Administrator - Report/Presentation…………………… ................... …...Interim Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: City Clerk FISCAL IMPACT: City will receive 10% of net proceeds of the gambling operation. SUMMARY AND ACTION REQUESTED: 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. City Council Meeting -- page 2 -- 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.” 477630v1 AMB LA515-1 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 charitable 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 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 CONSENT ITEM # ___ AGENDA ITEM: Savona 4th Developer’s Agreement SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsala, City Attorney SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): - Introduction of Item ..................................... Community Development Director - Report/Presentation………………………...Community Development Director - Questions from Council to Staff ............................................... Mayor Facilitates - Call for Motion................................................................. Mayor & City Council - Discussion ........................................................................ Mayor & City Council - Action on Motion ...................................................................... Mayor Facilitates POLICY RECOMENDER: Staff is recommending that the City Council approve a developer’s agreement associated with the Savona 4th 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 of storm 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 City Council Meeting [Consent Agenda Item __ ] April 5, 2016 -- page 2 -- specific to the Savona 4th project have been incorporated into the document as drafted. 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 comp lied 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-__ approving the developer’s agreement for Savona 4th 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 January 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 September, 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 drafted to guarantee that the improvements associated with Savona 4th plans will installed in accordance with City specifications. 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 future maintenance of the public improvements. Opportunities: The proposed improvements include the construction of the final segment of the 5th Street parkway within Savona. City Council Meeting [Consent Agenda Item __ ] April 5, 2016 -- page 3 -- 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 4th 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: “Move to adopt Resolution 2016-__ approving the developer’s agreement for Savona 4th Addition” ATTACHMENTS: 1. Resolution 2016-__ 2. Savona 4th Developer’s Agreement – Final Draft RESOLUTION NO. 2016-20 A RESOLUTION APPROVING THE DEVELOPER’S AGREEMENT FOR SAVONA 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 36th 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 Elmo 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 for 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 Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk REV2: 12/15/2015 1 (reserved for recording information) DEVELOPMENT CONTRACT (Public sewer and water) Savona 4th Addition AGREEMENT dated , 2016, by and between the CITY OF LAKE ELMO a Minnesota municipal corporation (“City”), and U.S. Home Corporation, d/b/a Lennar (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Savona 4th Addition (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 on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both REV2: 12/15/2015 2 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 City’s Planning Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, 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 plats 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 Contracts for such phases are approved by the City. Park charges and availability charges for sewer and water referred to in this Contract are not being imposed on outlots, 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 outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City'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. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer’s sole expense. 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 REV2: 12/15/2015 3 Plan C - Tree Preservation and Reforestation Plan Plan D - 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. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota 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 a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall 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's 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 is responsible for design changes and contract administration between the Developer REV2: 12/15/2015 4 and the Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall 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 of 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 City, unless such work is first ordered in writing by the City Engineer as provided 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 an invoice, for all engineering administration and construction observation performed during the construction of the plat After 30 days of the invoice, the City may draw 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 observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the city, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. REV2: 12/15/2015 5 The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development. 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 of construction of each type of Improvement. City shall inspect all Developer Installed Improvements 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 members, and corporations, partnerships, and other entities in which such individuals have greater than a 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. Right-of-Way Excavations and Obstructions: • City of Lake Elmo, Right-of-Way Utility Installation(s) • City of Lake Elmo, Right-of-Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County, Street or Driveway Access(s) • Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation, Right-of-Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Stormwater Management: • Valley Branch, Brown’s Creek and South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan) REV2: 12/15/2015 6 F. Wetland Mitigation: • Board of Water and Soil Resources, WCA G. Construction Dewatering: • Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by September, 2017, with the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an 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 agents, employees, 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 construction, and street construction is restricted to access the subdivision via 5th Street N. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the developer to construct the improvements in a sequence which will allow 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 writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16, 17 and 18. 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices REV2: 12/15/2015 7 must comply with the approved plans and specifications for the plat, with all watershed district permits 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 as it deems 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's 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 development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, 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 as stated above. Erosion control plans for individual lots will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to the Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as-constructed grading plan. A. Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all ponds, swales, 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: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top REV2: 12/15/2015 8 and bottom of retaining walls. B. The City will not issue any building permits until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "D". The plan shall conform to the City’s Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list 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 12 above. 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 completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer’s operation. The Developer may request, in writing, 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 REV2: 12/15/2015 9 minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved 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 completion of the work and construction required by this Contract, the improvements lying within public easements shall 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 plans” and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer has satisfied park dedication requirements for all the areas to be platted within the Savona Preliminary Plat as part of the Savona Development Contract. No additional park dedication is required for the plat. 22. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REU 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 (WAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is REV2: 12/15/2015 10 $234,000.00. In addition, a 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 REU, and a water connection charge in the amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. 23. TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements and the installation costs shall be included in the street construction calculations. 24. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with a street 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 of fourteen (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 MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance 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 is unsuccessful the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by the City to perform the work. 26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model home on a lot acceptable to the Planning Director. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. The monument design shall be approved by the Planning Department. C. Written certification of the as-constructed grading must be on file at the City for the block where the building is to be located. REV2: 12/15/2015 11 D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and/or withholding of other permits, inspection or actions, including lots sold to third parties, 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 City, Developer, their contractors, subcontractors, materialmen, employees, 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 of occupancy for any building constructed on any lot or parcel in the Plat until Public sewer and water, curbing, and one lift of asphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must be on file at the City for the block where the building is 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, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss 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 plat, including but not limited to legal, planning, REV2: 12/15/2015 12 engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the 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 officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a 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, or any part of it. 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 shall be assessed a late fee per the City of Lake Elmo 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 development: A. Implementation of the recommendations listed in the February 15, 2016 Engineering memorandum. B. Before the City signs the final plat, the Developer shall convey Outlots A, B, C and D, Savona 4th Addition to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer must obtain a sign permit from the City Building Official prior to REV2: 12/15/2015 13 installation of any subdivision identification signs. D. The Developer shall comply with the 3 items identified in the City’s Landscape Architect’s review memorandum dated February 10, 2016. 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 a a Landscape and Irrigation License Agreement with the City for the maintenance of commonly held HOA and City outlots and rights-of-ways prior to recording the Final Plat. 29. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall 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 wall is required to be built. C. Appropriate legal documents regarding Homeowner Association documents, 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 taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of REV2: 12/15/2015 14 Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, 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 of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining 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 writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the 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 Contract, in the form attached hereto, 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 of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, 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 or remedy. REV2: 12/15/2015 15 J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat 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 Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. 31. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on 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 Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their REV2: 12/15/2015 16 failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses 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 faulty 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 warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance, unless the wearing course is placed during the same construction season as the bituminous base course. In those instances, the Developer shall guarantee all work, including street construction, concrete curb and gutter, sidewalks and trails, material and equipment for a 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 terms of this agreement, payment of special assessments, 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 or a combination cash escrow and Letter of Credit ("security") for $4,080,974. The amount of the security was calculated as follows: CONSTRUCTION CATEGORY: COST 125% 1. Grading N/A 2. Sanitary Sewer $379,407 $474,259 REV2: 12/15/2015 17 3. Watermain $460,445 $575,556 4. Storm Sewer (includes pond structures and outfall pipes) $449,062 $561,328 5. Streets $1, 296,601 $1,620,751 6. Trails and Sidewalks $281,412 $351,765 7. Surface Water Facilities (infiltration basins, bio retention basins, rain gardens, etc.) N/A 8. Street Lighting $84,000 $101,262 9. Street Signs and Traffic Control Signs $4,650 $5,813 10. Private Utilities (electricity, natural gas, telephone, and cable) To be coordinated by the developer 11. Landscaping $213,893 $299,733 12. Tree Preservation and Restoration N/A 13. Wetland Mitigation and Buffers N/A 14. Monuments $7,800 $9,750 15. Erosion and Sedimentation Control $81,009 $101,261 16. Miscellaneous Facilities N/A 17. Developer’s Record Drawings $6,500 $8,125 CONSTRUCTION SUBTOTAL $3,264,779 N/A TOTAL PROJECT SECURITIES (at 125% Construction Costs) N/A $4,080,974 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 security, without notice, 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 (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 36. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance REV2: 12/15/2015 18 with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the security as follows: A. Upon completion of grading operations, including temporary site restoration, Developer shall submit an as-built grading survey to the City that at a minimum establishes the as-built grades at all lot corners and downstream 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 of the following key milestones of the project as determined by the City Engineer. C. Construction Categories 2 and 3: The amount of $787,361 may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are considered ready for use by the City Engineer. D. Construction Categories 4 and 5: The amount of $1,636,559 may be released when all streets, and storm sewer have been installed and tested, and have been found to be complete to the 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 Categories 6-17: The amount of $636,810 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) bio retention facilities, (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 (25%) of the original security amount until: (1) the warranty period has expired, (2) all improvements have been fully completed and excepted by the City, including all corrective work and identified punch list items, and (3) REV2: 12/15/2015 19 all financial obligations to the 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 specifications, 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 (50%) of the initial security amounts. H. It is the intention of the parties that the City at all times have available to it a 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 to the City by the Developer. To that end and notwithstanding anything herein to the contrary, 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 be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $234,000 Water Availability Charge (WAC) $234,000 Park Dedication N/A Street Light Operating Fee $1,764 City Base Map Upgrading $3,000 City Engineering Administration Escrow $50,000(Based on two months of administration/observation TOTAL CASH REQUIREMENTS $522,764 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16305 36th Avenue N, Suite 600, Plymouth, MN 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. REV2: 12/15/2015 20 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 (SEAL) BY: Mike Pearson, Mayor REV2: 12/15/2015 21 AND Julie Johnson, City Clerk DEVELOPER: BY: Its TATE OF MINNESOTA ) ( ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2 , by and by , the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 , by the of . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 12/15/2015 22 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the 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 , 2 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2 , by . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 12/15/2015 23 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 . STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of _, 2 , by . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 12/15/2015 24 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT , which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the 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 ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of _, 2 , by . NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 12/15/2015 25 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Savona 4th Addition That part of the East Half of the Southwest Quarter of Section 34, Township 29, Range 21, Washington County, Minnesota, described as follows: 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, a distance of 1315.91 feet to the west line of said East Half of the Southwest Quarter and the point of beginning; thence South 00 degrees 02 minutes 55 seconds West, along said west line a distance of 714.99 feet; 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 of 760.00 feet for an arc distance of 387.20 feet to the east line of said East Half of the Southwest Quarter; thence North 00 degrees 06 minutes 31 seconds East, not tangent to said 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 of beginning; thence South 89 degrees 57 minutes 32 seconds West, a distance of 1315.91 feet to the point of beginning. EXCEPT That part of the East Half of the Southwest Quarter of Section 34, Township 29, Range 21, 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 of the East Half of the Southwest Quarter of Section 34, Township 29, Range 21, Washington County, Minnesota, lying south of the south line of the dedicated plat of STONEGATE 2ND ADDITION and lying north of a line described as follows: 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 to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 32 seconds East, a distance of 2631.82 feet to the east line of said East Half of the 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 00 degrees 02 minutes 55 seconds 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, a distance 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 of said Lot 4, a distance of 358.06 feet to the point of beginning. REV2: 12/15/2015 26 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $_ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 , of (Name of Bank) "; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_ _. This Letter of Credit shall automatically renew for successive one-year terms unless, 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) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets 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 a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/2016 REGULAR ITEM #: MOTION AGENDA ITEM: Interim Use Permit for a Commercial Wedding Ceremony Venue SUBMITTED BY: Stephen Wensman, Planning Director- Presented by Ben Gozola THROUGH: Clark Schroeder REVIEWED BY: 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 REQUESTED: Carol Palmquist 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 at 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 more 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 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. 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. 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 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. 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 permit. 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 the 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-__ granting a 5-year Interim Use Permit for a Commercial Wedding Ceremony Venue with 13 conditions”. ATTACHMENT(S): Commercial Wedding Ceremony Venue Ordinance Resolution 2016-__ granting approval for a 5-year interim use permit for a Commercial Wedding Ceremony Venue 2/22/16 Planning Commission Minutes Resolution 2016-13 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-__ 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. 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 Resolution 2016-13 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 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 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. 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 Resolution 2016-13 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 Lake Elmo Planning Commission Minutes; 2-22-16 City of Lake Elmo Planning Commission Meeting Minutes of February 22, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Haggard, Kreimer, Dunn, Larson, Griffin, Lundquist and Williams. COMMISSIONERS ABSENT: Fields & Dodson STAFF PRESENT: Planning Director Wensman 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 is for a 10 year interim use permit on an agricultural property at 12202 55th Street N. The applicant is requesting wedding ceremonies adjacent to the vineyard with turf parking. There would be 3-4 employees and up to 200 guests. There would be up to 4 events per week from May – October, with no more than 3 venues on any Saturday. Hours would be 10 am – 10 pm. 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 be off of 55th Street. 55th street becomes a gravel drive after Carriage Station. The engineer is concerned about long term maintenance. There are a couple of options 1) there could be a maintenance agreement or 2) they could require a paved cul-de-sac and assess the improvements. All activites will be taking place in an open field. There is no structure being used in this case, however, there would need to be restroom facilities. Staff is recommending approval with 12 conditions. 2 Lake Elmo Planning Commission Minutes; 2-22-16 Williams asked about the tent. The ordinance states that it has to be taken down within 72 hours of the event. Based on the comment of the Building Official, will they need a permit each time a tent is put up. Wensman stated that yes they would. Dunn asked about the storm water management plan. Wensman stated that the City is requiring upgrades to the driveway for safety purposes. Williams asked if there is a turn around. Wensman stated that there is not a structure and it is not as difficult of an entry. Carol Palmquist, 12202 55th Street, is the applicant and stated that she has maintained the gravel road. She is not prepared to pay the assessment for a paved road or a cul-de- sac. Kreimer asked why she is asking for 10 years for the IUP. Palmquist stated 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 is wondering how far it will go into the property and how wide it will be. Public Hearing opened at 7:38 pm. Chip Longacre, 12058 55th Street N, is dismayed that it is being made so difficult for Ms. Palmquist to make a little money from her property. The City has done a poor 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 a number of environmental issues that have an impact. 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 if it does not comply. Wensman stated that if there is a problem, the City woud contact Ms. Palmquist to bring it into compliance. If there is a chronic problem, staff would document that and take appropriate steps to revoke the permit. There were no electronic or written comments. Public Hearing closed at 7:49 pm. Dunn does not think that the paved 7 ton road is necessary as her driveway is paved. She would like to see condition #2 removed. She is in support of this application. 3 Lake Elmo Planning Commission Minutes; 2-22-16 Lundquist is concerned about the road and the path. She thinks there should be a condition that rectifies the problem. She is concerned that people coming to this venue will come up Manning. Haggard wants to make sure that the street is safe and maintained. As far as the financial aspect, that is for the Council to decide. She is in support of this application. She would like to see number 4 include “responsible designee”. Williams is concerned about #6 stating for 10 years. He does not think the expenses mentioned relate to the length of the permit. He would like to see it be 5 years which would give the City the opportunity to review the wedding venue. Williams thinks there needs to be a maintenance agreement, but what that is, is up to the City Council. He would also like to add a condition 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 or field, is no different than driving on them at the county fair grounds. Williams thinks that since this is a commercial application, we should stick to the commercial standards. Griffin thinks it makes more sense to use the homeowner driveway for emergency access and then use a gate to the 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 to this going to the 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 northernly area of the parking area or that the private drive remain clear during the venue, Vote: 7-0, motion carried, unanimously. Move to amend condition #6 to read “The interim use is valid for a period of 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”, Vote: 7-0, motion carried, unanimously. 4 Lake Elmo Planning Commission Minutes; 2-22-16 Move to add condition number 11 that would be to enter into a maintenance 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 of the gravel entrance road, Vote: 7-0, 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, vote: 7-0, 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 13 conditions of approval as discussed, Vote: 7-0, motion carried unanimously. Public Hearing – Open Space Development – Legends of Lake Elmo Wensman started his presentation by showing the location of this development and presenting some of the 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 is recommending that the 5 outlots be platted as one outlot as we do not know what will happen in the future and they will need to be replatted anyway. A big discussion is the interconnectivity of neighborhoods for safety. Currently Sanctuary only has one access. The future of signalization at 50th Street and Manning is dependent on connectivity of neighborhoods. The County has made it clear that if the 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 negotioations with the Heckers. Nothing has been finalized, as those negotiations are ongoing. Those negotiations include agreeing to screening to the north of the Hecker property and access management on 50th Street for driveway access to the Legends entrance. There is no park shown on this plan to connect to the Sanctuary Park as the slopes are high. There are 5 standards for open space in this type of development. There should be conservation easements, contiguous parcels not less than 10 acres (60% must meet this standard), maintained for the purposes for which it is set aside, maintained by the HOA and contiguous with adjacent open space. Buffering is still an issue to the Hecker parcel. The road and 3 parcels violate this setback. This is not fully resolved with the Heckers. This can be waived by 4/5 vote of the Council. 5 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 be cash in lieu of park dedication. The City Engineer is recommending 50th street right of way and a trail. 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 a 4/5 vote. Phase I is going to start to the North. Staff is recommending a condition that construction traffic access the site off of 50th street. Haggard asked if the ghost lots were factored in for the open space. Wensman stated that they were not. Haggard asked about the trail maintenance. Wensman stated that it is in the public right of way and would be the City’s responsibility. 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 to the Wedding venue driveway. Erickson stated that they are close to an agreement with the Heckers. He discussed some of the issues with the individual septic systems. Public Hearing opened at 9:31 pm. Carolyn Cary, 5701 Linden Ave, the roads in Sanctuary are narrow. They are curvy and have many blindspots. There are a lot of pedestrians and kids and others riding bikes, etc. in the street. The trail system in Sanctuary is shared with Carriage Station and will be shared with Legends. Any additional traffic will affect this trail system. She would like to see a trail connection and cul-de-sac rather than a connected road. Michelle Chickett, 5711 Linden Ave, she agrees with previous speaker. She would like to refer to the ordinance that talks about the distinct neighborhoods. She thinks a Cul-de- sac is a good compromise. She presented MNdot data regarding the intersection at Manning. Pamela Chickett, 5711 Linden Ave, she agrees with the previous speakers. She would like their neighborhood to be distinct and separate. She thinks there is more of a safety concern by making that a through street because it places the children in the neighborhood at risk. Todd Nimmo, 11679 58th Street, he is opposed to Linden Ave going through. He believes that the dangers of running this road through far outweigh the benefits. Danny Hecker, 11658 50th Street, they are heavily impacted on 2 sides by this development. They are not ok with the buffer setbacks being violated, but they have had some good conversations with Nate regarding options. They would prefer to keep their driveway, but that may not be an option. 6 Lake Elmo Planning Commission Minutes; 2-22-16 Jessica Erickson, 5760 Lily Ave, she is opposed to the connection of Linden Ave for safety reasons. Their neighborhood is safe and peaceful, but increasing the traffic will change the feel of the development. Mark Cotton, 11797 56th Street, agrees with previous comments. Ben Backberg, 5693 Linden Ave, his lot is the closest lot that would be impacted by Linden going through. The research from MNdot is that the Manning intersection is one of the worst in the state. Lake Elmo only owns a portion of the road and Stillwater Township owns the rest. Charles Cadenhear, 12190 Marquess Lane, he is a civil engineer and believes that MNdot will be required to provide access during construction times. He does not feel there is a need for a connection for those 2 developments. There were 14 written comments received via email today. In effect, they are the same comments previously heard. Wensman read the names into the record and they will be attached to the minutes. Public Hearing Closed at 10:10 pm. 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 is consistent 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 a) 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 to know if the Cul-de-sac would impact the number of lots in the development. Landucci stated that at the last Planning Commission, they were directed to provide the connection. The could rework the Cul-de-Sac and it would not affect their lots. They are willing to go either way. Williams is not comfortable with the idea of a Cul-de-Sac being this long. The City code does not allow it to be longer than 600 feet. He feels that it is not uncommon for there to be increased traffic when developments happen around them. There was a paved road planned to be connected when Sanctuary went in and he feels it should go through. Haggard is torn in regards to the road going through. She believes if there is a connection, the roads in Sanctuary need to be maintained better. She asked about the 7 Lake Elmo Planning Commission Minutes; 2-22-16 Cul-de-sac and if the City Engineer had comments about that. Wensman stated that they are not in favor as they are harder to maintain and snow plow. Lundquist asked about a round about to slow traffic. Erickson stated that round abouts are typically used at a 4 way intersection, but they could look into that. Larson stated that there a number of options to use to slow 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 encroachments”. Williams is also concerned about the configuration of the open space. There are a lot of long thin outlots that 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. Kreimer is 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 of situation. M/S/P: Williams/Haggard recommend approval of the Legends concept plan dated 1/25/16, based on the findings of fact as earlier discussed, and with the conditions as listed in the staff report, with the additional one regarding the agreement with the Heckers, Vote 6-1, motion carried. Dunn voted no as there are many developments with only one exit and entrance such as the Forest, Tana Ridge and Fields of St. 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 4th which is the final phase of the Lennar development. This phase is for 78 single family lots over 20.4 acres. This phase will complete 5th street from Keats to Boulder Ponds. This phase is LDR. The issues to discuss are setbacks, lot fit, landscaping and agreements. The setback issue is that LDR setback is principal building 10 feet and garage 5 feet. If there is living space behind the garage, what do you do? Preliminary Plat report talks about averaging. How should we move forward? Lot fit is that they lost some lots due to ponding and other issues and they are adding back 2 lots in this phase. They seem to still meet the requirements and staff feels it is acceptable. They would like to use the boulders from their development 8 Lake Elmo Planning Commission Minutes; 2-22-16 for landscaping. The City engineer wants to review to ensure there is no problem getting to storm ponds. There are a number of agreements that need to be resolved. Paul Tabone, Lennar, explained the phasing of the trail. He spoke about the lot fit and the setback issue. Lennar would like to continue with the setbacks that they used in 1st, 2nd and 3rd addition in 4th addition. He touched on adding 2 lots which conforms to the Preliminary Plat. They are working on finalizing the landscape plan. Tabone stated that they are meeting with staff next week to discuss the agreements. He explained some of the issues they are trying to work through. Kreimer is concerned about the street names. They are not in a good sequence. It was in the Fire Chiefs comments. He would like the street names to be reviewed. Williams would like 2 minor changes to the draft findings. On the 4th bullet point, he would like to add after requested by the City Landscape Architect the words “letter dated 2/10/16.” On the last bullet after requested by the City Engineer the words “letter dated 2/15/16.” M/S/P: Williams/Larson, move to recommend approval of the Final Plat for Savona 4th addition with draft findings and conditions of approval included in staff report and as amended, Vote 6-0, motion carried unanimously. (Haggard left meeting early). M/S/F: Williams/Larson, 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, Vote 6-0, motion carried unanimously. M/S/P: Williams/Kreimer, move that the Planning Commission endorse the 7.5 foot average setback for Savona 4th 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 to 10 feet. Council Updates – February 16, 2016 Meeting 1. Commercial Wedding Ceremony Ordinance – Passed. 2. Commercial Weding IUP – Passed. 3. ZTA Senior Living – Passed. 4. Arbor Glen – Rezoning & Conditional Use Permit – Passed. 5. Appointment of Kristina Lundquist as 2nd Alternate. 9 Lake Elmo Planning Commission Minutes; 2-22-16 Staff Updates 1. Upcoming Meetings a. March 14, 2016 b. March 28, 2016 Commission Concerns Lundquist is concerned about people driving on the walking path on 55th 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 at 12:27 pm Respectfully submitted, Joan Ziertman Planning Program Assistant MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/16 REGULAR ITEM #: 11 MOTION AGENDA ITEM: East Village Park SUBMITTED BY: Clark Schroeder THROUGH: Mike Bouthilet REVIEWED BY: Kristina Handt 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 REQUESTED: 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 of the remaining 5.85 acres of park land or a cash payment in lieu of land dedication consistent with the Lake Elmo Subdivision Ordinance. In addition the agreement states this: The City and Developer agree to prepare a plan for improvements to the Outlot D park area by December 15, 2015 with installation of said improvements to be completed by June 30, 2016. Outlot 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 21st 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 30th 2016 in the developers agreement, 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(S): Small pad/amenities plan Large pad/amenities plan Easton Village Outlot D map MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 REGULAR ITEM # 12 AGENDA ITEM: 2016 Street, Drainage and Utility Improvements –Accept Bids and Award Contract SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................. City Engineer - Report/Presentation .................................................................................. City Engineer - Questions from Council to Staff ......................................................... Mayor Facilitates - Public Input (if appropriate) ......................................................... Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $1,189,610.33. 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 REQUESTED: 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 [Regular Agenda Item 12] April 5, 2016 -- page 2 -- LEGISLATIVE HISTORY/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 for a total bid amount of $1,189,610.33. 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 10th 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 $113,000 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 31st Street North to 28th Street North. City Council Meeting [Regular Agenda Item 12] April 5, 2016 -- page 3 -- 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 Improvements. 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.” ATTACHMENT(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. Resolution No. 2016-21 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 $1,189,610.33. 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 ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax March 23, 2016 RE: Lake Elmo, Minnesota 2016 Street, Drainage, and Utility Improvements City Project No. 2015.129 SEH No. LAKMO 134994 14.00 Mr. Jack Griffin, PE City Engineer City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Dear Mr. Griffin: 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 to the City for your information. Contractor Base Bid Alt 1 Total Bid 1 Hardrives Inc. $1,093,570.79 $96,039.54 $1,189,610.33 2 T.A. Schifsky & Sons, Inc. $1,180,379.45 $107,377.54 $1,287,756.99 ** 3 A-1 Excavating, Inc. $1,212,464.50 $109,202.50 $1,321,667.00 4 Park Construction $1,270,195.70 $106,721.00 $1,376,916.70 ** Denotes corrected figure 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 $1,189,610.33. Hardrives Inc. has completed similar work in surrounding communities in the past. SEH engineers 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 Alternate 1. Please contact me if you need any additional information or wish to discuss further. I can be reached at 651.490.2055, or via email at shaupt@sehinc.com. Sincerely, Scott Haupt, PE Project Manager ah s:\ko\l\lakmo\134994\5-final-dsgn\bidding documents\rec award ltr 2016 3 23.docx TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsHardrives Inc. T.A. Schifsky & Sons, Inc. A-1 Excavating, Inc.Lake Elmo, Minnesota14475 Quiram Drive 2370 Highway 36 E 408 26th Ave.SEH No.: LAKMO 134994Rogers, MN 55374 North St. Paul, MN 55109 Bloomer, WI 54724Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total PricePART 1: KIRKWOOD AVENUE NORTH1 MOBILIZATION LS 1 $9,000.00 $9,000.00 $12,000.00 $12,000.00 $14,500.00 $14,500.002 TRAFFIC CONTROL LS 1 1,284.36 1,284.36 10,000.00 10,000.00 2,200.00 2,200.003 SILT FENCE LF 4,428 1.00 4,428.00 1.00 4,428.00 2.00 8,856.004 BIOROLL DITCH CHECK EA 20 64.22 1,284.40 80.00 1,600.00 20.00 400.005 SALVAGE MAILBOX EA 11 26.76 294.36 26.25 288.75 50.00 550.006 SALVAGE SIGN EA 3 16.05 48.15 15.75 47.25 50.00 150.007 SAWCUT BITUMINOUS PAVEMENT LF 97 3.48 337.56 4.00 388.00 3.00 291.008 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS)SY 29 3.24 93.96 10.00 290.00 10.00 290.009 COMMON EXCAVATION (EV) (P) CY 2,85413.73 39,185.42 12.00 34,248.00 10.00 28,540.0010 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV)CY 400 7.57 3,028.00 12.00 4,800.00 10.00 4,000.0011 SUBGRADE PREPARATION RS 19 54.061,027.14 225.00 4,275.00 200.00 3,800.0012 SELECT GRANULAR BORROW (STREETS) (CV) (P) CY 2,035 14.60 29,711.00 10.00 20,350.00 19.00 38,665.0013 SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV)CY 400 14.60 5,840.00 10.00 4,000.00 19.00 7,600.0014 CLASS 6 AGGREGATE BASE (CV) (P) CY 65527.03 17,704.65 24.00 15,720.00 32.00 20,960.0015 PATCH GRAVEL DRIVEWAY TN 53 19.461,031.38 20.00 1,060.00 22.00 1,166.0016 AGGREGATE SHOULDERING TN 164 22.49 3,688.36 20.00 3,280.00 22.00 3,608.0017 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B)TN 511 52.65 26,904.15 51.85 26,495.35 54.75 27,977.2518 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B)TN 680 47.40 32,232.00 48.79 33,177.20 49.50 33,660.0019 BITUMINOUS MATERIAL FOR TACK COAT GAL 301 1.96 589.96 2.00 602.00 2.50 752.5020 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY)SY 29 15.00 435.00 45.00 1,305.00 65.50 1,899.5021 SAW & SEAL STREET (40' INTERVALS)LF 1,265 2.48 3,137.20 2.44 3,086.60 2.50 3,162.5022 STREET SWEEPING HR 15 0.01 0.15 110.00 1,650.00 140.00 2,100.0023 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 540.55 540.55 500.00 500.00 500.00 500.0024 CLEAN CULVERT EA 5 324.33 1,621.65 728.00 3,640.00 400.00 2,000.0025 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP LF 1,025 7.57 7,759.25 18.00 18,450.00 9.50 9,737.5026 DRAINTILE CLEANOUT EA 10 216.22 2,162.20 225.00 2,250.00 350.00 3,500.0027 PRECAST CONCRETE HEADWALL (DRAIN TILE) EA 6 216.22 1,297.32 200.00 1,200.00 400.00 2,400.00$1,189,610.33 $1,287,756.99 $1,321,667.00Shaded area denotes corrected figureShort Elliott Hendrickson Inc.Page 1 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsHardrives Inc. T.A. Schifsky & Sons, Inc. A-1 Excavating, Inc.Lake Elmo, Minnesota14475 Quiram Drive 2370 Highway 36 E 408 26th Ave.SEH No.: LAKMO 134994Rogers, MN 55374 North St. Paul, MN 55109 Bloomer, WI 54724Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price$1,189,610.33 $1,287,756.99 $1,321,667.00Shaded area denotes corrected figure28 DITCH GRADING LF 196 5.41 1,060.36 10.00 1,960.00 10.00 1,960.0029 IMPORT AND PLACE TOPSOIL (LV) CY 543 15.00 8,145.00 10.50 5,701.50 25.00 13,575.0030 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 3,163 1.55 4,902.652.05 6,484.15 5.00 15,815.0031 INSTALL SALVAGED MAILBOX EA 11 42.81 470.91 42.00 462.00 100.00 1,100.0032 INSTALL SALVAGED SIGN EA 3 32.11 96.33 36.75 110.25 100.00 300.00PART 2: KELVIN AVENUE NORTH - STREETS33 MOBILIZATION LS 1 9,000.00 9,000.00 22,000.00 22,000.00 15,600.00 15,600.0034 TRAFFIC CONTROL LS 1 1,284.36 1,284.36 11,000.00 11,000.00 2,200.00 2,200.0035 SILT FENCE LF 4,775 1.00 4,775.00 1.00 4,775.00 2.00 9,550.0036 BIOROLL DITCH CHECK EA 7 64.22 449.54 80.00 560.00 20.00 140.0037 CLEARING EA 3 324.33 972.99 250.00 750.00 300.00 900.0038 GRUBBING EA 3 259.47 778.41 100.00 300.00 200.00 600.0039 SALVAGE MAILBOX EA 18 26.76 481.68 26.25 472.50 50.00 900.0040 SALVAGE SIGN EA 10 16.05 160.50 15.75 157.50 50.00 500.0041 SALVAGE WOODEN FENCE LF 30 12.97 389.10 26.25 787.50 10.00 300.0042 SALVAGE BRICK PAVERS SF 124 2.16 267.84 5.00 620.00 3.00 372.0043 SAWCUT BITUMINOUS PAVEMENT LF305 1.84 561.20 3.00 915.00 3.00 915.0044 SAWCUT CONCRETE PAVEMENT LF 97 2.32 225.043.00 291.00 6.00 582.0045 REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTERLF 480 3.24 1,555.20 4.00 1,920.00 5.00 2,400.0046 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT SY 5,224 1.62 8,462.88 3.00 15,672.00 1.50 7,836.0047 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS)SY 230 2.16 496.80 4.00 920.00 6.00 1,380.0048 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS)SY 47 5.41 254.27 10.00 470.00 10.00 470.0049 COMMON EXCAVATION (EV) (P) CY 3,07413.73 42,206.02 12.00 36,888.00 10.00 30,740.0050 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV)CY 375 7.57 2,838.75 12.00 4,500.00 10.00 3,750.0051 SUBGRADE PREPARATION RS 19 54.061,027.14 225.00 4,275.00 200.00 3,800.0052 SELECT GRANULAR BORROW (STREETS) (CV) (P) CY 1,962 14.87 29,174.94 10.00 19,620.00 19.00 37,278.0053 SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV)CY 375 14.87 5,576.25 10.00 3,750.00 19.00 7,125.00$209,341.42 $223,849.05 $256,015.25Short Elliott Hendrickson Inc.Page 2 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsHardrives Inc. T.A. Schifsky & Sons, Inc. A-1 Excavating, Inc.Lake Elmo, Minnesota14475 Quiram Drive 2370 Highway 36 E 408 26th Ave.SEH No.: LAKMO 134994Rogers, MN 55374 North St. Paul, MN 55109 Bloomer, WI 54724Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price$1,189,610.33 $1,287,756.99 $1,321,667.00Shaded area denotes corrected figure54 CLASS 6 AGGREGATE BASE (CV) (P) CY 63027.03 17,028.90 24.00 15,120.00 32.00 20,160.0055 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B)TN 490 52.65 25,798.50 51.85 25,406.50 54.75 26,827.5056 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B)TN 653 47.40 30,952.20 48.79 31,859.87 49.50 32,323.5057 BITUMINOUS MATERIAL FOR TACK COAT GAL 290 1.96 568.40 2.00 580.00 2.50 725.0058 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY)SY 230 15.00 3,450.00 22.00 5,060.00 35.00 8,050.0059 SAW & SEAL STREET (40' INTERVALS)LF 1,150 2.48 2,852.00 2.44 2,806.00 2.50 2,875.0060 6" CONCRETE DRIVEWAY PAVEMENT SY 62 46.022,853.24 45.15 2,799.30 55.00 3,410.0061 CONCRETE RIBBON CURB LF 3,240 6.64 21,513.60 6.51 21,092.40 9.00 29,160.0062 SURMOUNTABLE CONCRETE CURB & GUTTER LF 345 10.17 3,508.65 9.98 3,443.10 23.00 7,935.0063 B618 CONCRETE CURB & GUTTER LF 56 12.84 719.04 12.60 705.60 35.00 1,960.0064 STREET SWEEPING HR 20 0.01 0.20 110.00 2,200.00 140.00 2,800.0065 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 540.56 1,081.12 500.00 1,000.00 500.00 1,000.0066 CLEAN CULVERT EA 1 324.33 324.33 728.00 728.00 400.00 400.0067 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP LF 861 7.57 6,517.77 22.00 18,942.00 9.50 8,179.5068 12" CORRUGATED STEEL PIPE CULVERT LF 36 28.11 1,011.96 37.44 1,347.84 35.00 1,260.0069 12" CORRUGATED STEEL PIPE APRON EA 2 259.47 518.94 312.00 624.00 200.00 400.0070 DRAINTILE CLEANOUT EA 8 216.22 1,729.76 350.00 2,800.00 350.00 2,800.0071 PRECAST CONCRETE HEADWALL (DRAIN TILE) EA 4 270.28 1,081.12 200.00 800.00 400.00 1,600.0072 DITCH GRADING LF 12 5.41 64.92 50.00 600.00 40.00 480.0073 IMPORT AND PLACE TOPSOIL (LV) CY 702 15.00 10,530.00 10.50 7,371.00 25.00 17,550.0074 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 929 1.55 1,439.95 3.10 2,879.90 5.00 4,645.0075 SODDING SY 2,300 3.00 6,900.00 7.46 17,158.00 5.00 11,500.0076 INSTALL SALVAGED MAILBOX EA 18 42.81 770.58 40.00 720.00 100.00 1,800.0077 INSTALL SALVAGED SIGN EA 10 32.11 321.10 30.00 300.00 100.00 1,000.0078 INSTALL WOODEN FENCE LF 10 82.25 822.50 25.00 250.00 20.00 200.0079 INSTALL SALVAGED BRICK PAVERS SF124 4.42 548.08 10.00 1,240.00 21.00 2,604.00PART 3: KELVIN AVENUE NORTH - TRUNK WATER MAIN80 CONNECT TO EXISTING WATERMAIN EA 1 1,059.49 1,059.49 2,600.00 2,600.00 1,250.00 1,250.0081 HYDRANT EXTENSION LF 3 1,097.33 3,291.99 624.00 1,872.00 500.00 1,500.00$253,844.77 $298,477.01 $318,982.50Short Elliott Hendrickson Inc.Page 3 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsHardrives Inc. T.A. Schifsky & Sons, Inc. A-1 Excavating, Inc.Lake Elmo, Minnesota14475 Quiram Drive 2370 Highway 36 E 408 26th Ave.SEH No.: LAKMO 134994Rogers, MN 55374 North St. Paul, MN 55109 Bloomer, WI 54724Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price$1,189,610.33 $1,287,756.99 $1,321,667.00Shaded area denotes corrected figure82 12" DIP, CL. 52 WATERMAIN LF 892 53.42 47,650.64 57.20 51,022.40 63.00 56,196.0083 6" DIP, CL. 52 WATERMAIN LF 53 53.95 2,859.35 41.60 2,204.80 49.00 2,597.0084 1" TYPE "K" COPPER WATER SERVICE LF221 42.54 9,401.34 26.00 5,746.00 32.00 7,072.0085 1" CORPORATION STOP EA 5 265.95 1,329.75 208.00 1,040.00 150.00 750.0086 1" CURB STOP WITH BOX EA 5 344.87 1,724.35 291.20 1,456.00 280.00 1,400.0087 6" HYDRANT ASSEMBLY (8'-6" BURY) EA 2 4,492.02 8,984.04 4,056.00 8,112.00 3,800.00 7,600.0088 6" RES. SEAT GATE VALVE & BOX EA 2 1,291.93 2,583.86 1,404.00 2,808.00 1,300.00 2,600.0089 12" RES. SEAT GATE VALVE & BOX EA 2 3,027.12 6,054.24 3,380.00 6,760.00 3,100.00 6,200.0090 MJ DIP COMPACT FITTINGS LB 1,104 3.68 4,062.72 5.72 6,314.88 8.00 8,832.00PART 4: KELVIN AVENUE NORTH - LATERAL WATER MAIN91 12"X8" WET TAP EA 1 3,481.18 3,481.18 5,200.00 5,200.00 5,500.00 5,500.0092 HYDRANT EXTENSION LF 3 1,189.22 3,567.66 624.00 1,872.00 500.00 1,500.0093 8" DIP, CL. 52 WATERMAIN LF 535 38.06 20,362.10 43.68 23,368.80 54.00 28,890.0094 6" DIP, CL. 52 WATERMAIN LF 20 53.95 1,079.00 41.60 832.00 49.00 980.0095 1" TYPE "K" COPPER WATER SERVICE LF266 42.54 11,315.64 26.00 6,916.00 32.00 8,512.0096 1" CORPORATION STOP EA 6 265.95 1,595.70 208.00 1,248.00 150.00 900.0097 1" CURB STOP WITH BOX EA 6 344.87 2,069.22 291.20 1,747.20 280.00 1,680.0098 6" HYDRANT ASSEMBLY (8'-6" BURY) EA 1 4,492.02 4,492.02 4,056.00 4,056.00 3,800.00 3,800.0099 6" RES. SEAT GATE VALVE & BOX EA 1 1,291.93 1,291.93 1,404.00 1,404.00 1,300.00 1,300.00100 MJ DIP COMPACT FITTINGS LB 315 4.32 1,360.80 5.72 1,801.80 8.00 2,520.00PART 5: STONEGATE 1ST ADDITION - STREETS101 MOBILIZATION LS 1 15,000.00 15,000.00 25,000.00 25,000.00 21,350.00 21,350.00102 TRAFFIC CONTROL LS 1 1,926.54 1,926.54 12,000.00 12,000.00 2,800.00 2,800.00103 SILT FENCE LF 207 1.00 207.00 4.20 869.40 2.00 414.00104 INLET PROTECTION EA 23 90.98 2,092.54 90.00 2,070.00 120.00 2,760.00105 CLEARING EA 1 324.33 324.33 500.00 500.00 400.00 400.00106 GRUBBING EA 1 259.46 259.46 500.00 500.00 200.00 200.00107 SALVAGE MAILBOX EA 31 26.76 829.56 26.25 813.75 50.00 1,550.00108 SALVAGE SIGN EA 5 16.05 80.25 15.75 78.75 50.00 250.00109 SALVAGE LANDSCAPE ROCK (ISLANDS) (P) LF 750 0.29 217.50 12.60 9,450.00 2.00 1,500.00$95,997.00$50,615.25 $48,445.80 $55,582.00$89,001.77 $89,936.08Short Elliott Hendrickson Inc.Page 4 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsHardrives Inc. T.A. Schifsky & Sons, Inc. A-1 Excavating, Inc.Lake Elmo, Minnesota14475 Quiram Drive 2370 Highway 36 E 408 26th Ave.SEH No.: LAKMO 134994Rogers, MN 55374 North St. Paul, MN 55109 Bloomer, WI 54724Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price$1,189,610.33 $1,287,756.99 $1,321,667.00Shaded area denotes corrected figure110 SAWCUT BITUMINOUS PAVEMENT LF 4352.07 900.45 3.00 1,305.00 3.00 1,305.00111 SAWCUT CONCRETE PAVEMENT LF 152 2.22 337.44 4.00 608.00 6.00 912.00112 REMOVE MANHOLE OR CATCH BASIN CASTING EA 27 162.46 4,386.42 150.00 4,050.00 100.00 2,700.00113 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS)SY 377 5.55 2,092.35 4.00 1,508.00 6.00 2,262.00114 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS)SY 137 7.70 1,054.90 5.00 685.00 6.00 822.00115 SUBGRADE EXCAVATION (RECLAIM AREAS) (EV) CY 500 7.00 3,500.00 14.00 7,000.00 10.00 5,000.00116 RECLAIM EX. BIT. AND BASE MATERIALS, 8" DEPTH (P)SY 18800 2.89 54,332.00 0.75 14,100.00 1.00 18,800.00117 HAUL OUT EXCESS RECLAIMED MATERIAL (LV) (P) CY 909 5.65 5,135.85 8.00 7,272.00 9.00 8,181.00118 SUBGRADE PREPARATION OF RECLAIMED SURFACERS 55 310.00 17,050.00 225.00 12,375.00 100.00 5,500.00119 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B)TN 1611 50.07 80,662.77 51.85 83,530.35 50.50 81,355.50120 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B)TN 1611 45.98 74,073.78 48.79 78,600.69 46.25 74,508.75121 BITUMINOUS MATERIAL FOR TACK COAT GAL 951 1.96 1,863.96 2.00 1,902.00 2.50 2,377.50122 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY)SY 367 15.00 5,505.00 22.00 8,074.00 33.00 12,111.00123 6" CONCRETE DRIVEWAY PAVEMENT SY 91 46.024,187.82 45.15 4,108.65 55.00 5,005.00124 SAW & SEAL STREET (40' INTERVALS)LF 4025 2.48 9,982.00 2.32 9,338.00 2.50 10,062.50125 RIPRAP CY 15 86.49 1,297.35 130.00 1,950.00 70.00 1,050.00126 SEDIMENT REMOVAL (LV) CY 57 27.03 1,540.71 98.80 5,631.60 15.00 855.00127 MODIFY STORM STRUCTURE 104 LS 1 3,546.04 3,546.04 2,912.00 2,912.00 700.00 700.00128 CATCH BASIN CASTING R-3067-V EA 23 627.69 14,436.87 775.00 17,825.00 590.00 13,570.00129 MANHOLE CASTING R-1642-B EA 4 474.07 1,896.28 920.00 3,680.00 640.00 2,560.00130 SOLID (2'X3'X1.0' HT) CONCRETE CB SECTION EA 8 560.15 4,481.20 520.00 4,160.00 500.00 4,000.00131 MINOR STRUCTURE REPAIR EA 15 172.81 2,592.15 208.00 3,120.00 400.00 6,000.00132 RECONSTRUCT DRAINAGE STRUCTURE LF 10 0.01 0.10 0.01 0.10 300.00 3,000.00133 B418 CONCRETE CURB & GUTTER LF 12140 10.65 129,291.00 10.45 126,863.00 9.25 112,295.00134 STREET SWEEPING HR 30 0.01 0.30 110.00 3,300.00 140.00 4,200.00135 IMPORT AND PLACE TOPSOIL (LV) CY 1466 15.00 21,990.00 10.50 15,393.00 25.00 36,650.00136 SODDING SY 7007 3.00 21,021.00 5.46 38,258.22 4.50 31,531.50Short Elliott Hendrickson Inc.Page 5 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsHardrives Inc. T.A. Schifsky & Sons, Inc. A-1 Excavating, Inc.Lake Elmo, Minnesota14475 Quiram Drive 2370 Highway 36 E 408 26th Ave.SEH No.: LAKMO 134994Rogers, MN 55374 North St. Paul, MN 55109 Bloomer, WI 54724Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price$1,189,610.33 $1,287,756.99 $1,321,667.00Shaded area denotes corrected figure137 INSTALL SALVAGED MAILBOX EA 31 42.81 1,327.11 40.00 1,240.00 100.00 3,100.00138 INSTALL SALVAGED SIGN EA 5 32.11 160.55 30.00 150.00 100.00 500.00139 INSTALL SALVAGED LANDSCAPE ROCK (ISLANDS) (P)LF 750 1.58 1,185.00 12.60 9,450.00 5.00 3,750.00ALTERNATE 1PART 6: HIGHLAND TRAIL NORTH - STREETS140 MOBILIZATION LS 1 3,500.00 3,500.00 2,500.00 2,500.00 4,800.00 4,800.00141 TRAFFIC CONTROL LS 1 1,070.30 1,070.30 3,500.00 3,500.00 2,000.00 2,000.00142 INLET PROTECTION EA 8 90.98 727.84 90.00 720.00 120.00 960.00143 REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTERLF 80 4.55 364.00 5.00 400.00 36.00 2,880.00144 REMOVE MANHOLE OR CATCH BASIN CASTING EA 6 114.23 685.38 450.00 2,700.00 100.00 600.00145 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) SY 4,900 1.60 7,840.00 1.42 6,958.00 1.75 8,575.00146 REMOVE & REPAVE BITUMINOUS FLUME LS 11,214.34 1,214.34 400.00 400.00 1,285.00 1,285.00147 SPOT BITUMINOUS CURB REPLACEMENT LF 136 10.48 1,425.28 9.00 1,224.00 18.00 2,448.00148 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C)TN 637 51.01 32,493.37 57.32 36,512.84 53.50 34,079.50149 BITUMINOUS MATERIAL FOR TACK COAT GAL 282 1.96 552.72 2.00 564.00 2.50 705.00150 CATCH BASIN CASTING R-3067-V EA 1627.69 627.69 775.00 775.00 590.00 590.00151 CATCH BASIN CASTING R-3250-1 EA 4 760.91 3,043.64 850.00 3,400.00 740.00 2,960.00152 CATCH BASIN CASTING R-3501-TR EA1 740.51 740.51 800.00 800.00 840.00 840.00153 STREET SWEEPING HR 4 0.01 0.04 90.00 360.00 140.00 560.00154 IMPORT AND PLACE TOPSOIL (LV) CY 30 24.65 739.50 26.25 787.50 25.00 750.00155 SODDING SY 138 5.30 731.40 7.46 1,029.48 8.00 1,104.00TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETSPART 7: JAMELY AVENUE - STREETS156 MOBILIZATION LS 1 3,500.00 3,500.00 2,000.00 2,000.00 4,800.00 4,800.00157 TRAFFIC CONTROL LS 1 1,070.30 1,070.30 4,300.00 4,300.00 2,000.00 2,000.00158 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) SY 4,090 1.60 6,544.00 1.42 5,807.80 1.75 7,157.50159 ADJUST VALVE BOX (WATER) EA 5 274.15 1,370.75 250.00 1,250.00 110.00 550.00160 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C)TN 531 51.48 27,335.88 57.32 30,436.92 53.50 28,408.50$490,767.58 $519,671.51 $485,887.75$55,756.01 $62,630.82 $65,136.50Short Elliott Hendrickson Inc.Page 6 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsHardrives Inc. T.A. Schifsky & Sons, Inc. A-1 Excavating, Inc.Lake Elmo, Minnesota14475 Quiram Drive 2370 Highway 36 E 408 26th Ave.SEH No.: LAKMO 134994Rogers, MN 55374 North St. Paul, MN 55109 Bloomer, WI 54724Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price$1,189,610.33 $1,287,756.99 $1,321,667.00Shaded area denotes corrected figure161 BITUMINOUS MATERIAL FOR TACK COAT GAL 236 1.96 462.56 2.00 472.00 2.50 590.00162 STREET SWEEPING HR 4 0.01 0.04 120.00 480.00 140.00 560.00TOTAL - PART 7: JAMELY AVENUE - STREETSBASE BIDTOTAL - PART 1: KIRKWOOD AVENUE NORTHTOTAL - PART 2: KELVIN AVENUE NORTH - STREETSTOTAL - PART 3: KELVIN AVENUE NORTH - TRUNK WATER MAINTOTAL - PART 4: KELVIN AVENUE NORTH - LATERAL WATER MAINTOTAL - PART 5: STONEGATE 1ST ADDITION - STREETSTOTAL BASE BID PRICE (PARTS 1 - 5)ALTERNATE 1TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETSTOTAL - PART 7: JAMELY AVENUE - STREETSTOTAL ALTERNATE 1 BID PRICE (PARTS 6 - 7)Hardrives, Inc. - column adding error; correct amount shown.T.A. Schifsky & Sons, Inc. - column adding error, correct amount shown.$44,746.72$107,377.54$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$109,202.50TOTAL BASE BID (PARTS 1 - 5) + ALTERNATE 1 BID PRICE (PARTS 6 - 7) $1,287,756.99 $1,321,667.00$1,189,610.33$223,849.05$298,477.01$96,039.54$40,283.53 $44,746.72 $44,066.00$89,936.08$48,445.80$519,671.51$1,180,379.45$62,630.82$209,341.42$253,844.77$89,001.77$50,615.25$490,767.58$1,093,570.79$55,756.01$40,283.53Short Elliott Hendrickson Inc.Page 7 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsLake Elmo, MinnesotaSEH No.: LAKMO 134994Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. QuantityPART 1: KIRKWOOD AVENUE NORTH1 MOBILIZATION LS 12 TRAFFIC CONTROL LS 13 SILT FENCE LF 4,4284 BIOROLL DITCH CHECK EA 205 SALVAGE MAILBOX EA 116 SALVAGE SIGN EA 37 SAWCUT BITUMINOUS PAVEMENT LF 978 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS)SY 299 COMMON EXCAVATION (EV) (P) CY 2,85410 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV)CY 40011 SUBGRADE PREPARATION RS 1912 SELECT GRANULAR BORROW (STREETS) (CV) (P) CY 2,03513 SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV)CY 40014 CLASS 6 AGGREGATE BASE (CV) (P) CY 65515 PATCH GRAVEL DRIVEWAY TN 5316 AGGREGATE SHOULDERING TN 16417 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B)TN 51118 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B)TN 68019 BITUMINOUS MATERIAL FOR TACK COAT GAL 30120 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY)SY 2921 SAW & SEAL STREET (40' INTERVALS) LF 1,26522 STREET SWEEPING HR 1523 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 124 CLEAN CULVERT EA 525 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP LF 1,02526 DRAINTILE CLEANOUT EA 1027 PRECAST CONCRETE HEADWALL (DRAIN TILE) EA 6Shaded area denotes corrected figurePark Construction 1481 81st Ave NEMinneapolis MN 55432Unit Price Total Price$12,000.00 $12,000.001,200.00 1,200.001.95 8,634.6060.00 1,200.0025.00 275.0015.00 45.004.65 451.054.50 130.509.40 26,827.6012.40 4,960.00190.00 3,610.0021.00 42,735.0021.00 8,400.0028.80 18,864.0034.80 1,844.4023.10 3,788.4056.00 28,616.0052.50 35,700.002.55 767.5526.50 768.502.30 2,909.50125.00 1,875.001,210.00 1,210.00208.00 1,040.007.30 7,482.50220.00 2,200.00480.00 2,880.00$1,376,916.70Short Elliott Hendrickson Inc.Page 8 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsLake Elmo, MinnesotaSEH No.: LAKMO 134994Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. QuantityShaded area denotes corrected figure28 DITCH GRADING LF 19629 IMPORT AND PLACE TOPSOIL (LV) CY 54330 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 3,16331 INSTALL SALVAGED MAILBOX EA 1132 INSTALL SALVAGED SIGN EA 3PART 2: KELVIN AVENUE NORTH - STREETS33 MOBILIZATION LS 134 TRAFFIC CONTROL LS 135 SILT FENCE LF 4,77536 BIOROLL DITCH CHECK EA 737 CLEARING EA 338 GRUBBING EA 339 SALVAGE MAILBOX EA 1840 SALVAGE SIGN EA 1041 SALVAGE WOODEN FENCE LF 3042 SALVAGE BRICK PAVERS SF 12443 SAWCUT BITUMINOUS PAVEMENT LF 30544 SAWCUT CONCRETE PAVEMENT LF 9745 REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTERLF 48046 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT SY 5,22447 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS)SY 23048 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS)SY 4749 COMMON EXCAVATION (EV) (P) CY 3,07450 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV)CY 37551 SUBGRADE PREPARATION RS 1952 SELECT GRANULAR BORROW (STREETS) (CV) (P) CY 1,96253 SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV)CY 375Park Construction 1481 81st Ave NEMinneapolis MN 55432Unit Price Total Price$1,376,916.705.55 1,087.8025.60 13,900.801.45 4,586.3540.00 440.0030.00 90.0015,000.00 15,000.001,200.00 1,200.001.95 9,311.2560.00 420.00400.00 1,200.00144.00 432.0025.00 450.0015.00 150.005.00 150.003.50 434.004.65 1,418.257.00 679.004.40 2,112.002.45 12,798.804.00 920.006.75 317.2510.10 31,047.4012.60 4,725.00190.00 3,610.0020.10 39,436.2020.10 7,537.50$240,519.55Short Elliott Hendrickson Inc.Page 9 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsLake Elmo, MinnesotaSEH No.: LAKMO 134994Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. QuantityShaded area denotes corrected figure54 CLASS 6 AGGREGATE BASE (CV) (P) CY 63055 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B)TN 49056 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B)TN 65357 BITUMINOUS MATERIAL FOR TACK COAT GAL 29058 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY)SY 23059 SAW & SEAL STREET (40' INTERVALS) LF 1,15060 6" CONCRETE DRIVEWAY PAVEMENT SY 6261 CONCRETE RIBBON CURB LF 3,24062 SURMOUNTABLE CONCRETE CURB & GUTTER LF 34563 B618 CONCRETE CURB & GUTTER LF 5664 STREET SWEEPING HR 2065 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 266 CLEAN CULVERT EA 167 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP LF 86168 12" CORRUGATED STEEL PIPE CULVERT LF 3669 12" CORRUGATED STEEL PIPE APRON EA 270 DRAINTILE CLEANOUT EA 871 PRECAST CONCRETE HEADWALL (DRAIN TILE) EA 472 DITCH GRADING LF 1273 IMPORT AND PLACE TOPSOIL (LV) CY 70274 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 92975 SODDING SY 2,30076 INSTALL SALVAGED MAILBOX EA 1877 INSTALL SALVAGED SIGN EA 1078 INSTALL WOODEN FENCE LF 1079 INSTALL SALVAGED BRICK PAVERS SF 124PART 3: KELVIN AVENUE NORTH - TRUNK WATER MAIN80 CONNECT TO EXISTING WATERMAIN EA 181 HYDRANT EXTENSION LF 3Park Construction 1481 81st Ave NEMinneapolis MN 55432Unit Price Total Price$1,376,916.7028.80 18,144.0056.20 27,538.0052.80 34,478.403.40 986.0023.00 5,290.002.30 2,645.0057.10 3,540.207.25 23,490.009.70 3,346.5012.20 683.20125.00 2,500.001,160.00 2,320.00831.00 831.008.00 6,888.0028.10 1,011.60350.00 700.00220.00 1,760.00480.00 1,920.0022.60 271.2027.00 18,954.001.45 1,347.054.95 11,385.0040.00 720.0030.00 300.0015.00 150.0011.50 1,426.001,970.00 1,970.00462.00 1,386.00$305,973.80Short Elliott Hendrickson Inc.Page 10 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsLake Elmo, MinnesotaSEH No.: LAKMO 134994Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. QuantityShaded area denotes corrected figure82 12" DIP, CL. 52 WATERMAIN LF 89283 6" DIP, CL. 52 WATERMAIN LF 5384 1" TYPE "K" COPPER WATER SERVICE LF 22185 1" CORPORATION STOP EA 586 1" CURB STOP WITH BOX EA 587 6" HYDRANT ASSEMBLY (8'-6" BURY) EA 288 6" RES. SEAT GATE VALVE & BOX EA 289 12" RES. SEAT GATE VALVE & BOX EA 290 MJ DIP COMPACT FITTINGS LB 1,104PART 4: KELVIN AVENUE NORTH - LATERAL WATER MAIN91 12"X8" WET TAP EA 192 HYDRANT EXTENSION LF 393 8" DIP, CL. 52 WATERMAIN LF 53594 6" DIP, CL. 52 WATERMAIN LF 2095 1" TYPE "K" COPPER WATER SERVICE LF 26696 1" CORPORATION STOP EA 697 1" CURB STOP WITH BOX EA 698 6" HYDRANT ASSEMBLY (8'-6" BURY) EA 199 6" RES. SEAT GATE VALVE & BOX EA 1100 MJ DIP COMPACT FITTINGS LB 315PART 5: STONEGATE 1ST ADDITION - STREETS101 MOBILIZATION LS 1102 TRAFFIC CONTROL LS 1103 SILT FENCE LF 207104 INLET PROTECTION EA 23105 CLEARING EA 1106 GRUBBING EA 1107 SALVAGE MAILBOX EA 31108 SALVAGE SIGN EA 5109 SALVAGE LANDSCAPE ROCK (ISLANDS) (P) LF 750Park Construction 1481 81st Ave NEMinneapolis MN 55432Unit Price Total Price$1,376,916.7048.10 42,905.2035.70 1,892.1022.00 4,862.00522.00 2,610.00616.00 3,080.004,090.00 8,180.001,250.00 2,500.002,890.00 5,780.009.80 10,819.203,780.00 3,780.00462.00 1,386.0033.20 17,762.0046.10 922.0022.00 5,852.00522.00 3,132.00616.00 3,696.004,090.00 4,090.001,250.00 1,250.0014.50 4,567.5030,000.00 30,000.001,800.00 1,800.001.95 403.65136.00 3,128.00400.00 400.00144.00 144.0025.00 775.0015.00 75.003.85 2,887.50$85,984.50$46,437.50Short Elliott Hendrickson Inc.Page 11 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsLake Elmo, MinnesotaSEH No.: LAKMO 134994Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. QuantityShaded area denotes corrected figure110 SAWCUT BITUMINOUS PAVEMENT LF 435111 SAWCUT CONCRETE PAVEMENT LF 152112 REMOVE MANHOLE OR CATCH BASIN CASTING EA 27113 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS)SY 377114 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS)SY 137115 SUBGRADE EXCAVATION (RECLAIM AREAS) (EV) CY 500116 RECLAIM EX. BIT. AND BASE MATERIALS, 8" DEPTH (P)SY 18800117 HAUL OUT EXCESS RECLAIMED MATERIAL (LV) (P) CY 909118 SUBGRADE PREPARATION OF RECLAIMED SURFACERS 55119 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B)TN 1611120 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B)TN 1611121 BITUMINOUS MATERIAL FOR TACK COAT GAL 951122 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY)SY 367123 6" CONCRETE DRIVEWAY PAVEMENT SY 91124 SAW & SEAL STREET (40' INTERVALS) LF 4025125 RIPRAP CY 15126 SEDIMENT REMOVAL (LV) CY 57127 MODIFY STORM STRUCTURE 104 LS 1128 CATCH BASIN CASTING R-3067-V EA 23129 MANHOLE CASTING R-1642-B EA 4130 SOLID (2'X3'X1.0' HT) CONCRETE CB SECTION EA 8131 MINOR STRUCTURE REPAIR EA 15132 RECONSTRUCT DRAINAGE STRUCTURE LF 10133 B418 CONCRETE CURB & GUTTER LF 12140134 STREET SWEEPING HR 30135 IMPORT AND PLACE TOPSOIL (LV) CY 1466136 SODDING SY 7007Park Construction 1481 81st Ave NEMinneapolis MN 55432Unit Price Total Price$1,376,916.704.65 2,022.757.00 1,064.0048.20 1,301.406.35 2,393.959.45 1,294.6515.80 7,900.000.90 16,920.0015.30 13,907.70146.00 8,030.0056.20 90,538.2052.90 85,221.903.00 2,853.0021.10 7,743.7051.40 4,677.402.30 9,257.50169.00 2,535.0021.00 1,197.001,000.00 1,000.00700.00 16,100.00807.00 3,228.001,380.00 11,040.00683.00 10,245.001,540.00 15,400.0011.20 135,968.00125.00 3,750.0037.40 54,828.404.95 34,684.65Short Elliott Hendrickson Inc.Page 12 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsLake Elmo, MinnesotaSEH No.: LAKMO 134994Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. QuantityShaded area denotes corrected figure137 INSTALL SALVAGED MAILBOX EA 31138 INSTALL SALVAGED SIGN EA 5139 INSTALL SALVAGED LANDSCAPE ROCK (ISLANDS) (P)LF 750ALTERNATE 1PART 6: HIGHLAND TRAIL NORTH - STREETS140 MOBILIZATION LS 1141 TRAFFIC CONTROL LS 1142 INLET PROTECTION EA 8143 REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTERLF 80144 REMOVE MANHOLE OR CATCH BASIN CASTING EA 6145 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) SY 4,900146 REMOVE & REPAVE BITUMINOUS FLUME LS 1147 SPOT BITUMINOUS CURB REPLACEMENT LF 136148 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C)TN 637149 BITUMINOUS MATERIAL FOR TACK COAT GAL 282150 CATCH BASIN CASTING R-3067-V EA 1151 CATCH BASIN CASTING R-3250-1 EA 4152 CATCH BASIN CASTING R-3501-TR EA 1153 STREET SWEEPING HR 4154 IMPORT AND PLACE TOPSOIL (LV) CY 30155 SODDING SY 138TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETSPART 7: JAMELY AVENUE - STREETS156 MOBILIZATION LS 1157 TRAFFIC CONTROL LS 1158 MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) SY 4,090159 ADJUST VALVE BOX (WATER) EA 5160 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C)TN 531Park Construction 1481 81st Ave NEMinneapolis MN 55432Unit Price Total Price$1,376,916.7040.00 1,240.0030.00 150.006.90 5,175.002,000.00 2,000.001,000.00 1,000.00145.00 1,160.008.30 664.0046.50 279.001.65 8,085.00743.00 743.0019.30 2,624.8061.20 38,984.402.60 733.20699.00 699.00775.00 3,100.00919.00 919.00125.00 500.0034.00 1,020.004.95 683.101,000.00 1,000.001,000.00 1,000.001.65 6,748.50224.00 1,120.0061.20 32,497.20$591,280.35$63,194.50Short Elliott Hendrickson Inc.Page 13 of 14 TABULATION OF BIDS2016 Street, Drainage, and Utility ImprovementsLake Elmo, MinnesotaSEH No.: LAKMO 134994Bid Date: 2:00 p.m., Thursday, March 17, 2016Item No. Item UnitEst. QuantityShaded area denotes corrected figure161 BITUMINOUS MATERIAL FOR TACK COAT GAL 236162 STREET SWEEPING HR 4TOTAL - PART 7: JAMELY AVENUE - STREETSBASE BIDTOTAL - PART 1: KIRKWOOD AVENUE NORTHTOTAL - PART 2: KELVIN AVENUE NORTH - STREETSTOTAL - PART 3: KELVIN AVENUE NORTH - TRUNK WATER MAINTOTAL - PART 4: KELVIN AVENUE NORTH - LATERAL WATER MAINTOTAL - PART 5: STONEGATE 1ST ADDITION - STREETSTOTAL BASE BID PRICE (PARTS 1 - 5)ALTERNATE 1TOTAL - PART 6: HIGHLAND TRAIL NORTH - STREETSTOTAL - PART 7: JAMELY AVENUE - STREETSTOTAL ALTERNATE 1 BID PRICE (PARTS 6 - 7)Hardrives, Inc. - column adding error; correct amount shown.T.A. Schifsky & Sons, Inc. - column adding error, correct amount shown.TOTAL BASE BID (PARTS 1 - 5) + ALTERNATE 1 BID PRICE (PARTS 6 - 7)Park Construction 1481 81st Ave NEMinneapolis MN 55432Unit Price Total Price$1,376,916.702.80 660.80125.00 500.00$106,721.00$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$1,376,916.70$43,526.50Short Elliott Hendrickson Inc.Page 14 of 14 PROJECT SCHEDULE CITY OF LAKE ELMO 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2015.129 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 MARCH 2016 August 4, 2015 Council authorizes Feasibility Report. October 6, 2015 Presentation of Feasibility Report. Council accepts Report and calls Hearing. November 4, 2015 Public Improvement Hearing. Council orders preparation of Plans and Specifications. February 16, 2016 Council approves Plans and Specifications and orders Advertisement for Bids. March 17, 2016 Receive Contractor Bids. April 5, 2016 Council accepts Bids and awards Contract. May 2, 2016 Conduct Pre‐Construction Meeting and issue Notice to Proceed. August 12, 2016 Substantial Completion. September 30, 2016 Final Completion. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 REGULAR ITEM # 13 AGENDA ITEM: Inwood Water Booster Station Improvements – Accept Bids and Award Contract SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................. City Engineer - Report/Presentation .................................................................................. City Engineer - Questions from Council to Staff ......................................................... Mayor Facilitates - Public Input, if Appropriate .............................................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $1,308,404. 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 REQUESTED: 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 City Council Meeting [Regular Agenda Item 13] April 5, 2016 -- page 2 -- 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 $1,308,404. 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 $1,308,404 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 Awarding a Contract to Magney Construction, Inc. for the Base Bid in the amount of $1,308,404 for the Inwood Water Booster Station Improvements.” ATTACHMENT(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. Resolution No. 2016-23 1 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 $1,308,404. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. The Mayor and City Clerk are hereby authorized and directed to enter into a Contract in accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTH DAY OF APRIL 2016. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk BID TABULATIONPROJECT: Inwood Water Booster StationPROJECT NUMBER: 09880003OWNER: City of Lake ElmoBID DATE: March 3, 2016ITEM ITEM ESTIMATED UNIT TOTAL UNIT TOTAL UNIT TOTALNO. DESCRIPTION QUANTITY UNITS PRICE PRICE PRICE PRICE PRICE PRICEBASE BIDDIVISION 1 - GENERAL1. MOBILIZATION 1 LS 55,000.00$ 55,000.00$ 65,000.00$ 65,000.00$ 45,000.00$ 45,000.00$ 2. TRAFFIC CONTROL 1 LS 700.00$ 700.00$ 1,500.00$ 1,500.00$ 1,000.00$ 1,000.00$ 3. SILT FENCE 240 LF 3.00$ 720.00$ 5.00$ 1,200.00$ 3.00$ 720.00$ 4. CLEARING AND GRUBBING 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,500.00$ 2,500.00$ 5. TEMPORARY ROCK CONSTRUCTION ENTRANCE 1 EA 1,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ 900.00$ 900.00$ 6. STREET SWEEPING 10 HR105.00$ 1,050.00$ 150.00$ 1,500.00$ 115.00$ 1,150.00$ 7. SITE RESTORATION 1 LS 4,800.00$ 4,800.00$ 2,500.00$ 2,500.00$ 6,750.00$ 6,750.00$ DIVISION 2 - WATER MAIN8. CONNECT TO EXISTING WATERMAIN AND SERVICE 3 EA 1,500.00$ 4,500.00$ 1,200.00$ 3,600.00$ 1,450.00$ 4,350.00$ 9. 1.5" COPPER WATER SERVICE PIPE 65 LF 50.00$ 3,250.00$ 48.00$ 3,120.00$ 45.75$ 2,973.75$ 10. 12" DUCTILE IRON WATERMAIN PIPE, CLASS 52 100 LF 120.00$ 12,000.00$ 86.00$ 8,600.00$ 107.25$ 10,725.00$ 11. DUCTILE IRON FITTINGS 344 LB 16.00$ 5,504.00$ 6.00$ 2,064.00$ 15.00$ 5,160.00$ DIVISION 3 - STORM SEWER12. 10" PVC DRAIN 15 LF 50.00$ 750.00$ 32.00$ 480.00$ 45.50$ 682.50$ 13. 18" RCP STORM SEWER PIPE, CLASS 5 130 LF 50.00$ 6,500.00$ 49.00$ 6,370.00$ 44.50$ 5,785.00$ 14. 18" RCP FLARED END SECTION 1 EA 1,500.00$ 1,500.00$ 1,250.00$ 1,250.00$ 1,060.00$ 1,060.00$ 15. CATCH BASIN/MANHOLE 2 EA 3,000.00$ 6,000.00$ 2,800.00$ 5,600.00$ 2,900.00$ 5,800.00$ 16. RANDOM RIPRAP CLASS III (CV) 10 CY160.00$ 1,600.00$ 90.00$ 900.00$ 155.00$ 1,550.00$ DIVISION 4 - DRIVEWAY CONSTRUCTION17. COMMON EXCAVATION (P) 690 CY 20.00$ 13,800.00$ 6.00$ 4,140.00$ 26.55$ 18,319.50$ 18. SELECT GRANULAR BORROW (P) 110 CY 25.00$ 2,750.00$ 15.00$ 1,650.00$ 25.00$ 2,750.00$ 19. SUBGRADE PREPARATION 1 LS 1,400.00$ 1,400.00$ 500.00$ 500.00$ 1,255.00$ 1,255.00$ 20. AGGREGATE BASE CLASS 5 140 TON 22.00$ 3,080.00$ 32.00$ 4,480.00$ 19.20$ 2,688.00$ 21. TYPE SP 9.5 WEAR COURSE MIX (2,B) 50 TON 95.00$ 4,750.00$ 100.00$ 5,000.00$ 87.00$ 4,350.00$ 22. 4" CONCRETE SIDEWALK 41 SY 70.00$ 2,870.00$ 55.00$ 2,255.00$ 31.00$ 1,271.00$ 23. SEGMENTAL RETAINING WALL 480 FF 23.00$ 11,040.00$ 20.00$ 9,600.00$ 27.00$ 12,960.00$ 24. SPLIT RAIL FENCE 120 LF 17.00$ 2,040.00$ 15.00$ 1,800.00$ 14.00$ 1,680.00$ 25. GUARD POST 3 EA 350.00$ 1,050.00$ 300.00$ 900.00$ 450.00$ 1,350.00$ 26. 6" PERFORATED PVC DRAIN 140 LF 40.00$ 5,600.00$ 20.00$ 2,800.00$ 35.40$ 4,956.00$ 27. 8" INLINE DRAIN 5 EA 900.00$ 4,500.00$ 560.00$ 2,800.00$ 750.00$ 3,750.00$ 28. ROOF DRAIN CONNECTION 5 EA 900.00$ 4,500.00$ 525.00$ 2,625.00$ 750.00$ 3,750.00$ 29. DRAINTILE CLEANOUT 1 EA 900.00$ 900.00$ 450.00$ 450.00$ 775.00$ 775.00$ DIVISION 5 - BOOSTER FACILITY30. BOOSTER FACILITY (COMPLETE) 1 LS762,000.00$ 762,000.00$ 860,541.00$ 860,541.00$ 908,534.25$ 908,534.25$ 31. SCADA INTEGRATION AND SYSTEM IMPROVEMENTS (SCADA CONTRACTOR) ALLOWANCE1 LS 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 32.PROCESS INSTRUMENTATION AND CONTROL (SYSTEM INTEGRATOR)1 LS 215,000.00$ 215,000.00$ 210,000.00$ 210,000.00$ 209,817.00$ 209,817.00$ 33. 230 KW GENERATOR SET 1 LS 105,000.00$ 105,000.00$ 101,000.00$ 101,000.00$ 100,248.00$ 100,248.00$ 34. UTILITY ALLOWANCE (ELECTRIC, NATURAL GAS, TELECOMMUNICATION/DATA)1 LS 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 35. HOLDING TANK AND ASSOCIATED PIPING 1 LS 20,000.00$ 20,000.00$ 23,000.00$ 23,000.00$ 15,860.00$ 15,860.00$ 36. EROSION CONTROL BLANKET 625 SY 2.00$ 1,250.00$ 3.00$ 1,875.00$ 1.00$ 625.00$ TOTAL ESTIMATED CONSTRUCTION COST 1,308,404.00$ 1,383,100.00$ 1,431,045.00$ ALTERNATE A - 150 KW PORTABLE GENERATOR33A.150 KW GENERATOR SET (DEDUCT)1 LS (30,000.00)$ (30,000.00)$ (28,000.00)$ (28,000.00)$ (29,286.00)$ (29,286.00)$ Municipal Builders, Inc.Andover, MNMagney Construction, Inc. Rice Lake Construction GroupChanhassen, MN Deerwood, MNFor updated bidding information visit us at www.msa-ps.com1 of 109880003 Bid Form 022616TABULATION PROJECT SCHEDULE CITY OF LAKE ELMO INWOOD BOOSTER STATION PROJECT NO. 2014.129 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 MARCH 2016 January 21, 2014 Council Orders the Improvement for the Inwood Booster Station and the preparation of Plans and Specifications. Project was delayed due to delay in receipt of MN‐DEED Water System Grant. February 2, 2016 Council approves Plans and Specifications and orders Advertisement for Bids. March 3, 2016 Receive Contractor Bids. April 5, 2016 Council accepts Bids and awards Contract. April 24, 2016 Conduct Pre‐construction meeting and issue Notice to Proceed. October 31, 2016 Substantial Completion (booster station online and operational). January 15, 2017 Final Completion (punch list and final paperwork). MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 REGULAR ITEM # 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 Item .................................................................................. 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 $33,064.78 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 HISTORY/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 City Council Meeting [Regular Agenda item 14] April 5, 2016 -- page 2 -- 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 $33,064.78. 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 Agreement 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.” ATTACHMENT(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. Resolution No. 2016-22 1 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 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, 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 Page 1 of 5 WASHINGTON COUNTY CONTRACT NO. 10144 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE – END OF PROJECT 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 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 2 of 5 D. ADVERTISEMENT AND AWARD OF CONTRACT After plans and specifications have been approved by the 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 administration, inspection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS Items included in the project require City cost participation in accordance with “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which is incorporated into this agreement by reference. The City’s cost participation is broken down into four categories which are: 1) Construction; 2) Design Engineering; 3) Construction Engineering/Contract Administration; 4) Right of Way. 1. Construction Construction costs include the cost to construct the project. The County has prepared a bid abstract and a City cost breakdown hereto attached as Exhibits B and C. The total project cost for construction was bid at $3,386,676.68 as indicated in Exhibit B. The City shall pay to the County its share of the total cost as shown in Exhibit C and summarized 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 City’s estimated 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 pre-bid, pre-construction and weekly construction meetings, 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 is $121.00. 4. Right of Way Right of Way cost includes the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, and condemnation commissioner costs. The estimated cost for right of way for the entire project is $22,960.69. The City shall pay 55 percent of the final right of way cost as summarized in Table 1. Page 3 of 5 Table 1 City of Lake Elmo Cost Summary ITEM COST 50% Estimated Construction $19,614.60 0.48% Pro-rata Items (Mobilization & Traffic Control) $700.80 Estimated Design Engineering, Construction Engineering and Contract Administration $121.00 55% Estimated Right of Way $12,628.38 TOTAL ESTIMATED COST $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 made pursuant to section G.1 of this agreement. Actual costs associated with design engineering, construction engineering/contract administration, and right of way shall be determined at the end of the project. G. PAYMENT 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 to the City. Upon receipt of the revised summary and invoice, the City shall pay Washington County an amount equal to 10 percent of the City's estimated construction cost. b. During construction the County shall submit to the City an estimated cost 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 cost of the partial work performed as determined in Section F of this Agreement. c. Upon substantial completion of the work the County shall prepare a final cost participation summary which will be based upon the contract unit prices and the actual units of work performed and shall submit a copy of this summary to the City. The County shall submit to the City a final reconciliation of costs, which will add or subtract contract amendments to the City’s Project components; adjustments for liquidated damages pursuant to Section I. and previous Project cost payments made by the City to the County. If the amount of the total of the payments made by the City pursuant to Section G.1 is less than the actual cost to the 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 of the City’s portion of the project. 2. Costs associated with design engineering, construction engineering/contract administration, and right of way shall be invoiced by the County and paid by the City on a reimbursable basis. 3. In the event that the City paid more in advance than the actual cost of the City’s portion of the project, the County shall refund without interest the amount to the City. 4. The City shall pay 100 percent of an invoice amount within 30 days of receipt. H. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and/or specifications of the City’s portion of the project shall be made part of the construction contract through a written 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 4 of 5 with the County Cost Participation Policy as summarized in Section F of this Agreement. I. 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 share 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 or services to be rendered herein shall in no way 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, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this 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 of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this 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. 1a(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, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a 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, subdivision 1(a). Page 5 of 5 O. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O’Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date )m )m)s GuWX SËSË ?öA@)m)s GuWXGvWXGvWX?öA@ Sh"19A GsWXSÊ)m)s G«WX G«WXGªWX GªWX)s)m %&f(GrWX GtWX SÉGvWX GvWX GsWX GrWX GlWX GlWX GlWX GzWXGpWX GpWX GpWX %&f( %&h( %&h( !"b$)n GsWX ?öA@ ?öA@ GoWX Sf"17B GqWX GqWX GeWX GeWX?©A@ ?©A@ GiWX GiWX GlWX?lA@ SÆ SÆ SÆ GuWX GuWX GuWX GuWX !"b$)n !"b$)n GrWX GrWX GrWX GrWX GiWX ?öA@ ?öA@ GuWXGnWXGnWX GnWXGnWX GoWX ?©A@ GdWX SÁ?ÇA@?ÇA@?ÇA@ GqWX GqWX GlWX G§WX GkWX GkWX GoWX GoWX S¿ S¿ GwWX GwWX GyWX GyWX GjWX?÷A@?÷A@ GuWXG§WX %&h( ?lA@ ?lA@ ?ÇA@ ?¸A@ G|WX ?¸A@ ?¸A@ ?÷A@ )s GgWX GgWX GgWX GgWX GfWX GfWX GfWX GfWX GfWX GhWX GhWX S¸ S¸ GoWX GoWX S¼ S¼ S³ S³ S³GjWX GjWX GdWX GdWX ?öA@ ?öA@ S¬ S¬Sº ?öA@ ?öA@ GfWX GcWXGcWXGcWXGcWXS¸S³GbWX GbWX GbWX GbWX ?öA@ S° S°?øA@?øA@?øA@?øA@?øA@?øA@?øA@ SÚ SÚGoWX GoWX GoWX GoWX S« S«S« Sø"A4 )s )s GaWXGaWX !"`$)s ?öA@ ?öA@ GzWX ?lA@ GfWX SÀ SÍ GlWX )l)l GeWX GkWX S½S¾GwWX WEST LAKELANDTOWNSHIP FORESTLAKE HUGO SCANDIA MARINEON STCROIX OAKDALE DELLWOOD MAHTOMEDI MAYTOWNSHIP BAYTOWN TOWNSHIP ST. PAULPARK COTTAGEGROVE NEW PORT AFTON OAK PARK HEIGHTS DENMARKTOWNSHIP WOODBURY GRANT STILLWATER LAKEELMO STILLWATERTOWNSHIP This map is the result of a compilationand reproduction of land records as they appear in various Washington County offices.This map should be used for referencepurposes only. Washington County is not responsible for any inaccuracies. 8 0 2 4 6 81Miles COUNTY ROAD ........................................ U.S. TRUNK HIGHWAY ............................ COUNTY STATE AID HIGHWAY ............... STATE TRUNK HIGHWAY ........................ INTERSTATE HIGHWAY ........................... Road Classification §¨¦494 £¤61 456721 Æÿ74 ?öA@ GoWX Sf"17B GqWX GqWX SÆ !"b$)n WESTLAKELANDTOWNSHIP AFTONWOODBURY LAKEELMO 10THSTNLEGIONAVENLAKEELMOAVEN MIDWESTTR LN18TH ST N SETTLERS RIDGE PKWY4THSTN 6TH ST N 20TH ST N 3RD ST S 2 4T H STN HUDSON RD 2ND STS 12TH ST N INT 9414THSTNLEGIONLNN NEALAVENMANNINGAVEN9TH STNCIMARRO N NEALAVESNEWBERR Y AVENM A N NINGTRL N NORDIC AVENNOLANAVENMIDWESTAVEN2 2ND S T N HUDSON BLVD HUDSON B L VDN HUDSON RD S CSAH 15 (Manning Ave N) & CSAH 10 (10th St N)West Lakeland Township Intersection Improvement ProjectCSAH 15 & CSAH 10 ^_ P 1:260,000Scale Page 1 of 2 BID ABSTRACT SAP 082-615-031 & SAP 082-610-014 (#4314550) Bid Opening 03/29/2016 02:00 PM CDT Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension 1 2021.501 MOBILIZATION LUMP SUM 1 175,000.00$ 175,000.00$ 75,000.00$ 75,000.00$ 2 2031.501 FIELD OFFICE TYPE D EACH 1 20,000.00$ 20,000.00$ 11,000.00$ 11,000.00$ 3 2051.501 MAINT & RESTORATION OF HAUL ROADS LUMP SUM 1 1,000.00$ 1,000.00$ 1.10$ 1.10$ 4 2101.501 CLEARING ACRE 1.41 3,500.00$ 4,935.00$ 4,120.00$ 5,809.20$ 5 2101.506 GRUBBING ACRE 1.41 3,500.00$ 4,935.00$ 4,120.00$ 5,809.20$ 6 2102.501 PAVEMENT MARKING REMOVAL (P)SQ FT 115 2.50$ 287.50$ 2.06$ 236.90$ 7 2102.502 PAVEMENT MARKING REMOVAL LIN FT 680 2.50$ 1,700.00$ 0.77$ 523.60$ 8 2104.501 REMOVE PIPE CULVERTS LIN FT 1059 15.00$ 15,885.00$ 5.00$ 5,295.00$ 9 2104.501 REMOVE CURB & GUTTER LIN FT 110 8.00$ 880.00$ 7.00$ 770.00$ 10 2104.501 REMOVE BITUMINOUS CURB LIN FT 30 10.00$ 300.00$ 0.80$ 24.00$ 11 2104.501 REMOVE CHAIN LINK FENCE LIN FT 300 6.00$ 1,800.00$ 8.00$ 2,400.00$ 12 2104.503 REMOVE CONCRETE WALK SQ FT 90 5.00$ 450.00$ 2.00$ 180.00$ 13 2104.505 REMOVE CONCRETE MEDIAN SQ YD 40 10.00$ 400.00$ 10.00$ 400.00$ 14 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD 300 6.00$ 1,800.00$ 4.40$ 1,320.00$ 15 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD 41690 2.50$ 104,225.00$ 2.23$ 92,968.70$ 16 2104.509 REMOVE DRAINAGE STRUCTURE EACH 5 500.00$ 2,500.00$ 445.00$ 2,225.00$ 17 2104.509 REMOVE MARKER EACH 6 35.00$ 210.00$ 25.75$ 154.50$ 18 2104.509 REMOVE SIGN TYPE C EACH 65 50.00$ 3,250.00$ 25.75$ 1,673.75$ 19 2104.509 REMOVE SIGN TYPE D EACH 5 100.00$ 500.00$ 51.50$ 257.50$ 20 2104.509 REMOVE SIGN TYPE SPECIAL EACH 2 100.00$ 200.00$ 25.75$ 51.50$ 21 2104.509 REMOVE MAIL BOX SUPPORT EACH 6 50.00$ 300.00$ 51.50$ 309.00$ 22 2104.51 REMOVE FLASHER SYSTEM LUMP SUM 1 2,000.00$ 2,000.00$ 2,537.25$ 2,537.25$ 23 2104.513 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT 5090 3.00$ 15,270.00$ 3.03$ 15,422.70$ 24 2104.523 SALVAGE VEHICULAR GATE EACH 2 2,000.00$ 4,000.00$ 772.50$ 1,545.00$ 25 2104.523 SALVAGE FLASHER SYSTEM EACH 2 500.00$ 1,000.00$ 845.76$ 1,691.52$ 26 2104.523 SALVAGE SIGN TYPE D EACH 3 150.00$ 450.00$ 51.50$ 154.50$ 27 2104.523 SALVAGE SIGN TYPE SPECIAL EACH 4 150.00$ 600.00$ 25.75$ 103.00$ 28 2104.601 HAUL SALVAGED MATERIAL LUMP SUM 1 2,000.00$ 2,000.00$ 250.00$ 250.00$ 29 2106.501 EXCAVATION - COMMON (P)CU YD 31519 14.00$ 441,266.00$ 8.10$ 255,303.90$ 30 2106.507 EXCAVATION - SUBGRADE (P)CU YD 20442 12.00$ 245,304.00$ 10.25$ 209,530.50$ 31 2106.522 SELECT GRANULAR EMBANKMENT (CV) (P)CU YD 22728 17.00$ 386,376.00$ 13.00$ 295,464.00$ 32 2106.523 COMMON EMBANKMENT (CV) (P)CU YD 16607 8.00$ 132,856.00$ 2.50$ 41,517.50$ 33 2130.501 WATER M GALLON 10 100.00$ 1,000.00$ 22.53$ 225.30$ 34 2211.503 AGGREGATE BASE (CV) CLASS 5 CU YD 10300 25.00$ 257,500.00$ 12.42$ 127,926.00$ 35 2232.501 MILL BITUMINOUS SURFACE (2.0")SQ YD 1040 4.00$ 4,160.00$ 2.00$ 2,080.00$ 36 2301.602 DRILL & GROUT REINF BAR (EPOXY COATED)EACH 114 30.00$ 3,420.00$ 10.30$ 1,174.20$ 37 2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,B)TON 1510 72.00$ 108,720.00$ 52.40$ 79,124.00$ 38 2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,F)TON 9140 62.00$ 566,680.00$ 56.00$ 511,840.00$ 39 2360.502 TYPE SP 12.5 NON WEAR COURSE MIX (3,B)TON 6990 56.00$ 391,440.00$ 46.55$ 325,384.50$ 40 2501.511 18" CS PIPE CULVERT LIN FT 37 70.00$ 2,590.00$ 31.25$ 1,156.25$ 41 2501.511 24" CS PIPE CULVERT LIN FT 47 90.00$ 4,230.00$ 35.13$ 1,651.11$ 42 2501.511 18" RC PIPE CULVERT LIN FT 41 130.00$ 5,330.00$ 34.48$ 1,413.68$ 43 2501.511 24" RC PIPE CULVERT LIN FT 61 110.00$ 6,710.00$ 39.32$ 2,398.52$ 44 2501.515 15" GS PIPE APRON EACH 6 350.00$ 2,100.00$ 332.21$ 1,993.26$ 45 2501.515 18" GS PIPE APRON EACH 1 500.00$ 500.00$ 332.46$ 332.46$ 46 2501.515 24" GS PIPE APRON EACH 2 650.00$ 1,300.00$ 405.16$ 810.32$ 47 2501.515 18" RC PIPE APRON EACH 4 700.00$ 2,800.00$ 565.57$ 2,262.28$ 48 2501.515 24" RC PIPE APRON EACH 6 750.00$ 4,500.00$ 714.32$ 4,285.92$ 49 2501.515 30" RC PIPE APRON EACH 2 1,100.00$ 2,200.00$ 991.25$ 1,982.50$ 50 2501.567 18" CS SAFETY APR & GRATE DES 3128 EACH 2 1,000.00$ 2,000.00$ 1,065.00$ 2,130.00$ 51 2501.602 TRASH GUARD FOR 18" PIPE APRON EACH 2 500.00$ 1,000.00$ 449.00$ 898.00$ 52 2501.602 TRASH GUARD FOR 24" PIPE APRON EACH 5 600.00$ 3,000.00$ 313.03$ 1,565.15$ 53 2502.541 4" PERF TP PIPE DRAIN LIN FT 440 12.00$ 5,280.00$ 15.56$ 6,846.40$ 54 2503.511 15" CS PIPE SEWER LIN FT 349 36.00$ 12,564.00$ 34.80$ 12,145.20$ 55 2503.541 15" RC PIPE SEWER DES 3006 CL V LIN FT 2507 36.00$ 90,252.00$ 34.22$ 85,789.54$ 56 2503.541 18" RC PIPE SEWER DES 3006 LIN FT 796 36.00$ 28,656.00$ 35.20$ 28,019.20$ 57 2503.541 24" RC PIPE SEWER DES 3006 LIN FT 517 46.00$ 23,782.00$ 41.93$ 21,677.81$ 58 2503.541 24" RC PIPE SEWER DES 3006 CL III LIN FT 83 50.00$ 4,150.00$ 82.73$ 6,866.59$ 59 2503.541 30" RC PIPE SEWER DES 3006 LIN FT 210 55.00$ 11,550.00$ 57.99$ 12,177.90$ 60 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 700.00$ 700.00$ 1,067.53$ 1,067.53$ 61 2503.603 PLUG FILL & ABANDON PIPE SEWER LIN FT 148 20.00$ 2,960.00$ 19.22$ 2,844.56$ 62 2506.501 CONST DRAINAGE STRUCTURE DESIGN F LIN FT 9.3 250.00$ 2,325.00$ 614.24$ 5,712.43$ 63 2506.501 CONST DRAINAGE STRUCTURE DESIGN SD-48 LIN FT 103.1 400.00$ 41,240.00$ 299.63$ 30,891.85$ 64 2506.501 CONST DRAINAGE STRUCTURE DESIGN SD-60 LIN FT 15.9 525.00$ 8,347.50$ 458.03$ 7,282.68$ 65 2506.501 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 114.6 300.00$ 34,380.00$ 251.94$ 28,872.32$ 66 2506.501 CONST DRAINAGE STRUCTURE DES 60-4020 LIN FT 26.7 425.00$ 11,347.50$ 317.85$ 8,486.60$ 67 2506.501 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 7.6 600.00$ 4,560.00$ 650.56$ 4,944.26$ 68 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC 1 EACH 2 5,000.00$ 10,000.00$ 352.99$ 705.98$ 69 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC 2 EACH 3 600.00$ 1,800.00$ 849.21$ 2,547.63$ 70 2506.516 CASTING ASSEMBLY EACH 59 650.00$ 38,350.00$ 546.00$ 32,214.00$ 71 2506.602 MH OR CB RISER COVER PLATE EACH 1 300.00$ 300.00$ 647.00$ 647.00$ Engineer Estimate Valley Paving, Inc Page 2 of 2 BID ABSTRACT SAP 082-615-031 & SAP 082-610-014 (#4314550) Bid Opening 03/29/2016 02:00 PM CDT Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Engineer Estimate Valley Paving, Inc 72 2511.501 RANDOM RIPRAP CLASS II CU YD 65.9 90.00$ 5,931.00$ 104.43$ 6,881.94$ 73 2511.501 RANDOM RIPRAP CLASS III CU YD 9.2 100.00$ 920.00$ 104.55$ 961.86$ 74 2511.515 GEOTEXTILE FILTER TYPE IV SQ YD 301.3 3.00$ 903.90$ 2.81$ 846.65$ 75 2521.501 4" CONCRETE WALK SQ FT 19620 5.25$ 103,005.00$ 2.94$ 57,682.80$ 76 2521.501 6" CONCRETE WALK SQ FT 3780 7.00$ 26,460.00$ 8.24$ 31,147.20$ 77 2521.511 3" BITUMINOUS WALK SQ FT 9120 2.50$ 22,800.00$ 1.28$ 11,673.60$ 78 2531.501 CONCRETE CURB & GUTTER DESIGN B424 LIN FT 9650 15.00$ 144,750.00$ 13.80$ 133,170.00$ 79 2531.618 TRUNCATED DOMES SQ FT 232 50.00$ 11,600.00$ 36.05$ 8,363.60$ 80 2533.507 PORTABLE PRECAST CONC BARRIER DES 8337 LIN FT 4550 16.00$ 72,800.00$ 15.97$ 72,663.50$ 81 2533.508 RELOCATE PORT PRECAST CONC BAR DES 8337 LIN FT 1540 5.00$ 7,700.00$ 3.86$ 5,944.40$ 82 2540.602 INSTALL MAIL BOX SUPPORT EACH 6 150.00$ 900.00$ 77.25$ 463.50$ 83 2554.501 TRAFFIC BARRIER DESIGN B8338 LIN FT 337.5 30.00$ 10,125.00$ 18.03$ 6,085.13$ 84 2554.509 GUIDE POST TYPE B EACH 17 60.00$ 1,020.00$ 41.20$ 700.40$ 85 2554.523 END TREATMENT-TANGENT TERMINAL EACH 1 3,000.00$ 3,000.00$ 2,755.25$ 2,755.25$ 86 2554.523 END TREATMENT-FLARED TERMINAL EACH 1 3,000.00$ 3,000.00$ 2,472.00$ 2,472.00$ 87 2554.615 IMPACT ATTENUATOR ASSEMBLY 6 3,000.00$ 18,000.00$ 2,472.00$ 14,832.00$ 88 2554.615 RELOCATE IMPACT ATTENUATOR ASSEMBLY 2 1,000.00$ 2,000.00$ 515.00$ 1,030.00$ 89 2557.602 INSTALL VEHICULAR GATE EACH 2 1,000.00$ 2,000.00$ 1,545.00$ 3,090.00$ 90 2563.601 TRAFFIC CONTROL LUMP SUM 1 50,000.00$ 50,000.00$ 46,000.00$ 46,000.00$ 91 2564.531 SIGN PANELS TYPE C SQ FT 366.4 60.00$ 21,984.00$ 32.45$ 11,889.68$ 92 2564.531 SIGN PANELS TYPE D SQ FT 150 80.00$ 12,000.00$ 35.54$ 5,331.00$ 93 2564.537 INSTALL SIGN TYPE D EACH 3 500.00$ 1,500.00$ 128.75$ 386.25$ 94 2564.537 INSTALL SIGN TYPE SPECIAL EACH 4 500.00$ 2,000.00$ 128.75$ 515.00$ 95 2564.552 OBJECT MARKER TYPE X4-2 EACH 7 15.00$ 105.00$ 66.95$ 468.65$ 96 2564.552 OBJECT MARKER TYPE X4-4 EACH 1 15.00$ 15.00$ 128.75$ 128.75$ 97 2564.552 OBJECT MARKER TYPE X4-5 EACH 7 15.00$ 105.00$ 77.25$ 540.75$ 98 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM A SIG SYS 1 188,000.00$ 188,000.00$ 172,563.07$ 172,563.07$ 99 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM B SIG SYS 1 114,000.00$ 114,000.00$ 114,565.97$ 114,565.97$ 100 2565.513 EMERGENCY VEHICLE PREEMPTION SYSTEM A LUMP SUM 1 14,000.00$ 14,000.00$ 8,539.31$ 8,539.31$ 101 2565.513 EMERGENCY VEHICLE PREEMPTION SYSTEM B LUMP SUM 1 11,000.00$ 11,000.00$ 5,608.04$ 5,608.04$ 102 2565.514 TRAFFIC CONTROL INTERCONNECT LUMP SUM 1 10,000.00$ 10,000.00$ 11,437.85$ 11,437.85$ 103 2573.502 SILT FENCE, TYPE MS LIN FT 5120 2.50$ 12,800.00$ 1.91$ 9,779.20$ 104 2573.53 STORM DRAIN INLET PROTECTION EACH 53 300.00$ 15,900.00$ 75.69$ 4,011.57$ 105 2573.533 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 2360 3.00$ 7,080.00$ 2.47$ 5,829.20$ 106 2573.56 CULVERT END CONTROLS EACH 17 300.00$ 5,100.00$ 151.37$ 2,573.29$ 107 2574.508 FERTILIZER TYPE 4 POUND 1510 2.00$ 3,020.00$ 0.55$ 830.50$ 108 2574.525 FILTER TOPSOIL BORROW CU YD 1135 50.00$ 56,750.00$ 56.80$ 64,468.00$ 109 2574.575 SUBSOILING ACRE 0.8 800.00$ 640.00$ 1,000.00$ 800.00$ 110 2574.578 SOIL BED PREPARATION ACRE 9.9 200.00$ 1,980.00$ 772.50$ 7,647.75$ 111 2575.501 SEEDING ACRE 9.9 300.00$ 2,970.00$ 231.75$ 2,294.33$ 112 2575.502 SEED MIXTURE 33-261 POUND 30 50.00$ 1,500.00$ 25.70$ 771.00$ 113 2575.502 SEED MIXTURE 34-171 POUND 1 100.00$ 100.00$ 402.52$ 402.52$ 114 2575.502 SEED MIXTURE 35-221 POUND 15 100.00$ 1,500.00$ 24.98$ 374.70$ 115 2575.502 SEED MIXTURE 35-241 POUND 340 20.00$ 6,800.00$ 17.00$ 5,780.00$ 116 2575.505 SODDING TYPE LAWN SQ YD 70 6.00$ 420.00$ 10.30$ 721.00$ 117 2575.511 MULCH MATERIAL TYPE 3 TON 19.8 500.00$ 9,900.00$ 437.75$ 8,667.45$ 118 2575.519 DISK ANCHORING ACRE 7.3 100.00$ 730.00$ 108.15$ 789.50$ 119 2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SQ YD 13050 2.00$ 26,100.00$ 1.18$ 15,399.00$ 120 2575.571 RAPID STABILIZATION METHOD 3 M GALLON 64.2 300.00$ 19,260.00$ 200.85$ 12,894.57$ 121 2581.501 REMOVABLE PREFORM PAVEMENT MARKING TAPE LIN FT 10320 2.00$ 20,640.00$ 1.30$ 13,416.00$ 122 2582.501 PAVT MSSG PREF TAPE GR IN SQ FT 450 20.00$ 9,000.00$ 52.53$ 23,638.50$ 123 2582.502 4" SOLID LINE PAINT LIN FT 10550 0.50$ 5,275.00$ 0.28$ 2,954.00$ 124 2582.502 24" SOLID LINE PAINT LIN FT 340 5.00$ 1,700.00$ 4.96$ 1,686.40$ 125 2582.502 4" DBLE SOLID LINE PAINT LIN FT 9540 1.00$ 9,540.00$ 0.56$ 5,342.40$ 126 2582.502 4" SOLID LINE EPOXY (WR)LIN FT 21860 1.00$ 21,860.00$ 0.60$ 13,116.00$ 127 2582.502 24" SOLID LINE EPOXY (WR)LIN FT 770 12.00$ 9,240.00$ 10.91$ 8,400.70$ 128 2582.502 4" BROKEN LINE EPOXY (WR)LIN FT 970 1.00$ 970.00$ 0.60$ 582.00$ 129 2582.502 4" DOUBLE SOLID LINE EPOXY (WR)LIN FT 6600 2.50$ 16,500.00$ 1.19$ 7,854.00$ 130 2582.502 4" DOTTED LINE EPOXY GR IN (WR)LIN FT 250 8.00$ 2,000.00$ 0.60$ 150.00$ 131 2582.502 24" SOLID LINE PREF TAPE GR IN LIN FT 100 25.00$ 2,500.00$ 36.05$ 3,605.00$ 132 2582.503 CROSSWALK PREF TAPE GR IN SQ FT 1530 15.00$ 22,950.00$ 14.94$ 22,858.20$ TOTAL 4,431,752.40$ 3,386,676.68$ ITEM NO.UNIT UNIT PRICE QUANTITY SHARE AMOUNT 2521.501 LIN FT 13.80$ 1390 50%9,591.00$ 2521.501 SQ FT 8.24$ 1010 50%4,161.20$ 2521.511 SQ FT 1.28$ 9160 50%5,862.40$ LUMP SUM 22,960.69$ 1 55%12,628.38$ 32,242.98$ ITEM NO.ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY SHARE AMOUNT ENGINEERING DESIGN & CONSTRUCTION ADMIN COST LUMP SUM 121.00$ 1 121.00$ 821.80$ 33,064.78$ 3/30/2016Exhibit C 700.80$ 0.58%1 CITY COST BREAKDOWN MISC. CONSTRUCTION COSTS (MOBILIZATION & TRAFFIC CONTROL) TOTAL RIGHT OF WAY COST LUMP SUM TOTAL TOTAL CITY PROJECT COST ITEM DESCRIPTION CONCRETE CURB & GUTTER DESIGN B424 6" CONCRETE WALK 3" BITUMINOUS WALK $121,000.00 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 REGULAR ITEM # 15 AGENDA ITEM: Downtown Phase 1 and 2 Street, Drainage and Utility Improvements – Project Update SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Cathy Bendel, Finance Director Chad Isakson, Assistant City Engineer SUGGESTED ORDER OF BUSINESS: - Introduction of Item and staff Report ....................................................... 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: N/A. 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 REQUESTED: 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 consultant. 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 City Council Meeting [Regular Agenda Item 15] April 5, 2016 -- page 2 -- 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 Improvements 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: • Laverne Avenue from TH5 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 lights 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): 1. Village Sewer, Watermain and Street Improvements Website write-up. 2. Website Project Phasing Exhibit. 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 of Lake Elmo Engineering staff. • Jack Griffin, City Engineer 651.300.4264 jack.griffin@FOCUSengineeringinc.com • Chad Isakson, Project Manager 651.300.4283 chad.isakson@FOCUSengineeringinc.com CONSTRUCTION UPDATES: North Pine Aggregate, Inc. has been hired as the General Contractor to complete the Phase 1 Improvements during over the course of 2015. For weekly construction updates, please refer to the County’s website by clicking here (http://mn-washingtoncounty.civicplus.com/index.aspx?NID=2127). SCOPE OF IMPROVEMENTS: 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 of 2015. The following summarizes the current work plan (please click here to reference the project phasing map): • 2015 IMPROVEMENTS [SHOWN IN BLUE]: The County and City will complete a joint project including sanitary sewer, watermain, street and storm sewer improvements along Laverne Avenue from TH5 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. The improvements will be completed as approved by the City Council on February 5, 2015 and will include on-street parking, trails, sidewalks, landscaping, and street lights. • 2016 IMPROVEMENTS [SHOWN IN RED]: The County and City will complete a joint project including sanitary sewer, watermain, street and storm sewer improvements along 30th Street from the Reid Park Lift Station to Lake Elmo Avenue, and Lake Elmo Avenue (CSAH 17) from 30th Street to TH5. The improvements will be completed as approved by the City Council on April 21, 2015 and will include on- street parking, trails, sidewalks, landscaping, and street lights. • 2017-2019 IMPROVEMENTS [SHOWN IN GREEN]: 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. No specific schedule or priority has been determined at this time. The City will likely prioritize these projects based on property 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 of Lake Elmo will reimburse the County for the City’s cost share of the project, making scheduled payments beginning in January 2016 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 as follows, subject to approval of the City Council: • Street, drainage, sidewalk, trail and street/landscaping 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 30% of total costs on a per 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 be required to connect to the system within 2 years of completion of the project. • Watermain improvements will not be assessed to existing water system customers. Watermain replacement costs will be funded 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 be lowered by the Council at the final assessment hearing, however they 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 below for preliminary assessment rolls for each impacted property. • City Streets: Street, drainage, sidewalk, trail and street/landscape improvement assessment (Laverne Avenue, 36th Street, and Upper 33rd Street). Residential property assessment is $9,200. Commercial property assessment is $255 per lineal front foot. See assessment schedule. Assessments are payable over 10 years at an interest rate of 5.5%. • City Streets: Street, drainage, sidewalk, trail and landscape improvement assessment (30th Street). Residential property assessment is $7,800. Commercial property assessment is $217 per lineal front foot. See assessment schedule. Assessments are payable over 10 years at an interest rate of 5.5%. • County Streets: Street, drainage, sidewalk, trail and landscape improvement assessment (Lake Elmo Avenue from 30th Street to Trunk Highway 5). Residential property assessment is $3,800. Commercial property assessment is $82 per lineal front foot. See assessment schedule. Assessments are payable over 10 years at an interest rate of 5.5%. • Sanitary sewer improvement assessment: This assessment will be a unit assessment amount of $14,000 for each residential property. Residential property assessment is $14,000. Commercial property assessment is $14,000 per REC unit. See assessment schedule. Assessments are payable over 20 years at an interest rate of 5.5%. • Additional sanitary sewer connection fees: Connection to the sanitary sewer will be required within 2 years of the City project. Sanitary Sewer Availability Charge - $3,000 per REC unit payable over 20 years. Sanitary Sewer Connection Fee - $1,000 per REC unit paid up front with permit. Sanitary Sewer Permit Application Fee - $65 per connection paid up front with permit. Met Council Sewer Availability Charge - $2,485 per REC unit (2015 fee) paid up front with permit. Cost to run your private line from the property line to your home. This is a 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 it all up, the typical residential property can expect an “all in” cost of $23,650 to $29,750. For this cost the property receives City sewer, including City and Met Council connection costs, a new watermain (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 • Click here to view the 2015 Preliminary Assessment Rolls (insert link to assessment rolls). • Click here to view the Project Presentation to Council (insert link to report presentation PDF). • Click here for a copy of the project Feasibility Report (insert link to feasibility report PDF). MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: April 5, 2016 REGULAR ITEM 16 AGENDA ITEM: 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 OF BUSINESS: - Introduction of Item ...................................................................... City Engineer - Report/Presentation ....................................................................... City Engineer - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate .................................................... Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. The Feasibility Report was previously authorized. Calling for and conducting the 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. City Council Meeting [Regular Agenda Item 16] April 5, 2016 -- page 2 -- 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 corridors: • 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 • 35th Street from Lake Elmo Avenue to the dead end • 36th 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 municipal 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: City Council Meeting [Regular Agenda Item 16] April 5, 2016 -- page 3 -- “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(S): 1. Resolution 2016-24 Receiving Report, Adopting Project Assessment Policy and Calling for Hearing on Improvements. 2. Notice of Hearing on Improvement. 3. Location Map. 4. Project Schedule. 5. Feasibility Report (available for review at City Hall) Resolution No. 2016-24 1 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, 1. 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. 2. 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 mailed 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 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 Elmo 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 36th 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 $1,730,310. The watermain replacement and regional storm sewer system will not be assessed. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting. DATED: April 5, 2016 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on April 13, 2016 and April 20, 2016) N.#-''./1#8'00&560 6*560 241,'%601 /#4%* .1%#6+10/#2 ':*+$+601 1.&8+..#)'2*#5'564''6&4#+0#)' %5#* %+6;1(.#-''./1 1.&8+..#)'2*#5'Ä564''6&4#+0#)'#0&76+.+6;+/2418'/'065 .')'0& 56560 4'+&2#4-.+(656#6+10.#8'40'#8'0.#;610#8'0722'4 4 & 5 6 0 #0&76+.+6;+/2418'/'065 6*56 0 6*56 0 1.&8+..#)'564''6 &4#+0#)'#0&76+.+6; +/2418'/'065 PROJECT SCHEDULE CITY OF LAK ELMO OLD VILLAGE PHASE 2: STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2016.124 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 MARCH 2016 FEBRUARY 5, 2015 Council approves Phase 2 Municipal Consent. County proceeds with Final Design. FEBRUARY 2, 2016 Council authorizes the preparation of the Phase 2 Feasibility Report. FEBRAURY 16, 2016 County presents final plans and specifications. No formal action required. MARCH, 2016 County posts advertisement for bid. APRIL 5, 2016 Council accepts Report; and adopts project assessment policy. Calls Public Improvement Hearing. APRIL 5, 2016 County Accepts Contractor Bids. APRIL 8, 2016 Notice of Public Hearing (Publish April 13 and April 20, 2016). MAY 3, 2016 Public Improvement Hearing. Council approves “Concurrence” to award contract. Council Orders the Improvement for the Old Village Phase 2: Street, Drainage, and Utility Improvements (Requires 4/5th vote). MAY, 2016 Start of Phase 2 Construction. NOVEMBER, 2016 Substantial Completion. JULY, 2017 Final Completion. MAYOR AND COUNCIL COMMUNICATION DATE: 4/5/16 REGULAR ITEM #: 17 MOTION AGENDA ITEM: City Code Chapter 31 SUBMITTED BY: Clark Schroeder THROUGH: Sarah Sonsalla REVIEWED BY: 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 memo. RECOMMENDATION: “Move to replace the current chapter 3.01-31.07 with the attached chapter 3131.01-31.07” ATTACHMENT(S): Redlined chapter 31, and clean versions chapter 31 1 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) Parliamentary 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) Location. All meetings, 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. 2 (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. 13D, 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 right to 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 days 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. 3 (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 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 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; (2) Select one official newspaper pursuant to Minn. Stat. § 412.831; 4 (3) Select an official depository for city funds. 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 assignments 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. (I) 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; (c) 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; 5 (c) Use "I" 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; (f) Be accountable for the use of information by not misusing information or by providing incorrect information; and (g) Be responsible for reviewing agenda items and support information. (4) Take 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 members 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 6 on the ideas being expressed, not the person expressing the ideas. (7) General rules of decorum. 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; (g) 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 Officer. 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 of 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 7 once the officer has determined 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 of 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 purpose 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 of 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 be 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 8 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) The Council members who are present; (2) The type of meeting (regular, special, continued, closed); (3) Date and place of the meeting; (4) Time the meeting was called to order; (5) Approval of minutes of the previous meeting, with any corrections; (6) The members who make or second any motions; (7) A record of all members and their vote for any roll call votes; (8) The subject matter of all proposed resolutions or ordinances; (9) 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; (12) 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; 9 (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 shall be included in the agenda for the next Council meeting. (C) Meeting minutes shall be considered and approved at a future meeting. (1) Meeting minutes do not need to be read aloud; (2) The presiding officer shall call for any corrections; (3) 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) Council shall take formal action by vote to approve the minutes as distributed, with any corrections or amendments made as described herein; and (6) 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) Order established. Each meeting of the Council shall convene at the time and place appointed for the meeting. Council business shall be conducted in the order determined by the Council at its first annual meeting or as thereafter amended by the majority vote of the Council. (1) Order of Business. The standard order of business for Council meetings shall be the following: (a) Call to Order/Pledge of Allegiance; (b) Approval of Agenda; (c) Approval of Minutes from Past Meeting(s); (d) Presentations; (e) Consent Agenda; 10 (f) Regular Agenda; (g) Public Comment Period; (h) Report of the Council; (i) Reports from City Staff; and (j) Adjourn. (B) Agenda. An agenda will 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. (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 10 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. 11 (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; (3) 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) 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; (8) Discussion among Council members using the round robin process; 12 (9) Action by the Council on the motion. (E) Meeting Schedule. (1) 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. (3) 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 comment 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 of the 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) Members of 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-arms 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 comment 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: (1) 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 13 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 meeting; (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) Speakers are required to follow the direction of the presiding officer; and (8) 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 meeting. (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) General procedure for public 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; (c) Staff presentation, 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 (g) The presiding officer formally closes the public hearing portion of the meeting. 14 (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 matter 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 15 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) Mayoral 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 of 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: (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; 16 (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. (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 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 17 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. 477249v2 AMB LA515-11 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 OFFICIALSCOUNCIL 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) Parliamentary 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. (AC) 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) (B) 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) Location. All meetings, 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. 477249v2 AMB LA515-12 (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. 13D, 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 right to 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 days 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. 477249v2 AMB LA515-13 (E) Special meetings. Special meetings may be called by the Mayor or by any two (2) Council Membersmembers filing a written notice with the City Administratorcity administrator. At least three (3) days prior to the date of the special meeting, the City Administratorcity administrator shall mailprovide notice to all members of the City Council, shall mail notice 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. (C) 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 Membersmembers because of circumstances that in the judgment of the Mayor or any two (2) Council Membersmembers require immediate consideration by the City Council. The person or persons who call the emergency meeting shall make a good faith effort to contact all Council Membersmembers and, as soon as reasonably practicable after notice has been given to Council Membersmembers, 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. (DG) 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 Membermember that the notice of the special or emergency meeting was defective. (EH) Initial meeting. At the first regular Council meeting in January of each year, the Council shall: (1) (1) Designate the depositories of city fundsAppoint an acting mayor, who shall act as mayor in the mayor’s absence, pursuant to Minn. Stat. § 412.121; (2) (3) (2) Designate the official newspaper; 477249v2 AMB LA515-14 (4) (5) (3) Choose 1 of the Council Members as Acting Mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city or, in case of a vacancy in the Office of Mayor, until a successor has been appointed and qualifies; (6) Select one official newspaper pursuant to Minn. Stat. § 412.831; (7) Select an official depository for city funds. 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; (8) Review the Council’s bylaws and make any needed changes; (9) (4) Appoint the officers, employees, and members ofAssign committee duties to members. All assignments of Council members to serve on city boards, commissions, and committees as may be necessary; and/orshall be by a majority vote of a quorum of a duly called meeting, unless otherwise provided by law; (10) Approve official bonds that have been filed with the clerk; (11) Appoint a city attorney; and (12) (5) Establish and appoint Council Members to Council committees as are deemed appropriate for the efficient and orderly management of the city.Appoint a city engineer. (FI) 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) (GJ) Ground rules. Each Council Membermember 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) (1) Respect others. Council Membersmembers should: (a) (a) Respect each other and the process; (b) (b) Assume each Council Membermember is being honest and genuine in the expression of his or her views; 477249v2 AMB LA515-15 (c) (c) Not shame or blame others; (d) (d) Not talk about people who are not present; and (e) (e) Respect residents of the city and city staff. (2) (2) Listen. Council Membersmembers should: (a) (a) Not interrupt while others are speaking; (b) (b) Ask clarifying not interrogating questions; (c) (c) Use "I" statements not "You" statements; (d) (d) Discuss and debate ideas in a civil manner; (e) (e) Be respectful of the ideas of others even if they don't agree with your ideas; and (f) (f) Keep side conversations to a minimum. (3) (3) Accountability. Council Membersmembers should: (a) (a) Participate to the best of their ability; (b) (b) Be responsible for making sure all voices are heard; (c) (c) Be accountable for what they do and say; (d) (d) Hold each other accountable in a civil way; (e) (e) Be responsible for their part of a problem or issue; (f) (f) Be accountable for the use of information by not misusing information or by providing incorrect information; and (g) (g) Be responsible for reviewing agenda items and support information. (4) (4) Take risks. Council Membersmembers should: (a) (a) Take risks, be authentic and speak truthfully; and (b) (b) Not be hostile or harassing toward others for taking risks. (5) (5) Be open. Council Membersmembers should: 477249v2 AMB LA515-16 (a) (a) Be open to other's stories and realities; (b) (b) Be open to partially-formed ideas; (c) (c) Learn from mistakes; (d) (d) Be open to a change of heart and mind; and (e) (e) Not operate from fear. (6) (6) Personal reaction. Council Membersmembers should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas. (7) General rules of decorum. 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; (g) 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 477249v2 AMB LA515-17 proceedings or which hinders honest, respectful discussion and debate. § 31.02 PRESIDING OFFICER. (A) Who presides(A) Presiding Officer. The Mayormayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council Members present at the meeting choose 1 of their members to act temporarily as 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 of the presiding officer. (B) Procedure. The presiding officer shall preserve order, enforce the rules of procedureCouncil Rules of Order and Procedure as adopted by the City Council, and determine, without debate, all questions of procedure and order, subject to the formalfinal decision of the Council on appeal, all questions of procedure and as provided in this Section. The presiding officer shall determine which member has the right to speak and may move matters to a vote once the officer has determined 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 subchapterChapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Robert’sRoberts 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 of 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 purpose 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 of 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) (C) Appeal procedure. Appeals and ruling of the presiding officer. Any 477249v2 AMB LA515-18 member of the Council Member may appeal to the full Council a ruling ofon order or procedure made by the presiding officer. If the appeal is seconded, the member (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 thetheir ruling, but no other Council Member shallmember 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 be sustained if it is approved by a majority of the members present, including the presiding officer. If there is a tie vote on the appeal, the original ruling of the presiding officer shall stand.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 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) The Council members who are present; (2) The type of meeting (regular, special, continued, closed); (3) Date and place of the meeting; (4) Time the meeting was called to order; (5) Approval of minutes of the previous meeting, with any corrections; (6) The members who make or second any motions; (7) A record of all members and their vote for any roll call votes; (8) The subject matter of all proposed resolutions or ordinances; (9) Whether any resolution or ordinance is approved or disapproved by vote of the Council; 477249v2 AMB LA515-19 (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; (12) 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; (16) The identity of any party to whom a contract was awarded; (17) Appointments of representatives to committees or outside organizations; and (A) Recording. Minutes of each Council meeting shall be kept by the Clerk or, at the direction of the Clerk, by the Deputy Clerk. In the absence of both, the presiding officer shall appoint a temporary recording secretary. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. (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) Approval. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the Clerk, and copies shall be delivered to each Council Member as soon as practicable after the meeting. At the next regulartyped and signed by the clerk/administrator. Copies of the minutes shall be included in the agenda for the next Council meeting following the delivery, approval of the. (C) Meeting minutes shall be considered by the Council. Theand approved at a future meeting. (1) Meeting minutes do not need notto be read aloud, but the; (2) The presiding officer shall call for any additions or corrections. ; (3) If there is no objection to a proposed addition or correction, it maywill be made without a vote of the Council. ; 477249v2 AMB LA515-110 (4) If there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. by a roll call vote; (5) Council shall take formal action by vote to approve the minutes as distributed, with any corrections or amendments made as described herein; and (6) 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) Order established. Each meeting of the City Council shall convene at the time and place appointed for the meeting. Council business shall be conducted in the order determined by the City Council at its first annual meeting or as thereafter amended by the majority vote of the City Council. (1) Order of Business. The standard order of business for Council meetings shall be the following: (a) Call to Order/Pledge of Allegiance; (b) Approval of Agenda; (c) Approval of Minutes from Past Meeting(s); (d) Presentations; (e) Consent Agenda; (f) Regular Agenda; (g) Public Comment Period; (h) Report of the Council; (i) Reports from City Staff; and (j) Adjourn. (B) Agenda. An agenda will 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. 477249v2 AMB LA515-111 (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. (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 10 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. (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. (B) Petitions and agenda. Petitions and other papers addressed to the Council shall be assembled by the Clerk and read by the presiding officer upon presentation to the Council. All persons desiring to present new business before the Council shall inform the Clerk at least 3 working days before the new business is to be heard. The Clerk may prepare an agenda of the new business for submission to the Council on or before the time of the next regular meeting. (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. (C) Public inquiries. The public, at the first meeting of every month, may bring a subject of concern to the attention of the City Council. (2) An item on the consent agenda may be removed from such agenda for full 477249v2 AMB LA515-112 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 City Council agendas: (1) (1) Introduction of item; (2) (2) Report by staff or other presenter; (3) (3) Questions from City Council Membersmembers to the presenter in a round robin manner. The Mayor will facilitate the round robin process by asking each individual Council Membermember for 1one question and allowing for a response to the individual question. Then the Mayor will ask the next Council Membermember, in sequence, until all Council Membersmembers have asked and received responses to a question. No Council Membermember shall take more than 3three minutes to ask a question or comment on an item which is being presented before another Council Membermember has a turn to question and comment on the same item; (4) (4) Receive questions/comments from the applicant/requesting party to the City Council, and allow each Council Membermember to respond in the round robin process; (5) (5) Allow questions from City Council Membersmembers to the applicant/requesting party, if applicable, using the round robin process; (6) (6) Allow questions/comments from the public to City Council Membersmembers. Each member of the public shall state his or her comments in 3three minutes; (7) (7) At the conclusion of the round robin process, the Mayor calls for a motion. This is to get a motion on the table for discussion 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; (8) (8) Discussion among Council Membersmembers using the round robin process; (9) Action by the Council on the motion. (E) Meeting Schedule. 477249v2 AMB LA515-113 (1) 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. (3) 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 comment 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 of the 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) Members of 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-arms 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 comment 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: (1) 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 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 477249v2 AMB LA515-114 will be available at the start of the City Council meeting; (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) Speakers are required to follow the direction of the presiding officer; and (8) 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 meeting. (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) General procedure for public 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; (c) Staff presentation, 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 (g) The presiding officer formally closes the public hearing portion of the meeting. (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 477249v2 AMB LA515-115 anyone else as required by law. (9) Action by the City Council on the motion. (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 members on any question may be taken in any manner that signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes.(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 matter 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. (BG) 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 Clerkclerk, and filed by the Clerkclerk 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 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. 477249v2 AMB LA515-116 (C) Mayoral 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 City Council meetings may be suspended or amended by 2/3rds vote of the Council Membersmembers 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 Membersmembers shall be paid salaries as determined from time to time by the City Council and set by City Council 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 of 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: (1) (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) (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) (a) The particular decision, order, requirement, or determination from which the appeal is taken; (b) (b) The name and address of the appellant; 477249v2 AMB LA515-117 (c) (c) The grounds for the appeal; and (d) (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) (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. (2) (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 of findings. (1) (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) (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 477249v2 AMB LA515-118 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 Membersmembers shall be elected for 4four-year terms at each biannual election. (B) Mayor. The Mayor shall be elected for a 4four-year term commencing with the regular municipal elections to be held in 2008. The first 4four-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 2nd_____ day of FebruaryApril, 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. Document comparison by Workshare Compare on Tuesday, March 29, 2016 3:38:32 PM Input: Document 1 ID PowerDocs://DOCSOPEN/477249/2 Description DOCSOPEN-#477249-v2-Chapter_31_of_City_Code_re_City_Officials Document 2 ID PowerDocs://DOCSOPEN/477249/3 Descriptio n DOCSOPEN-#477249-v3-Chapter_31_of_City_Code_re_City_Official s Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion 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 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 team? 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 Fliflet as the appointed persons and formally 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 meeting 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 ___________ to assist staff in labor negotiations and not appoint alternates but let the meetings go on as long as a majority of the team is present. 2) Motion to appoint ________ and ________ to assist staff in labor negotiations and appoint _________ as an alternate. 3) Motion to appoint ___________ and __________ to assist staff in labor negotiations, not appoint an alternate and reschedule any meetings that can’t be attended by both representatives. 4) Motion to just allow staff to meet with Local 49er representatives and bring back a contract for full Council consideration. RECOMMENDATION: Motion to appoint ___________ and ____________ to join staff in negotiating the labor agreement with the Local 49ers. If either person cannot attend a meeting an alternate will not be appointed and meetings will occur when a majority of the negotiation team is present.