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Home My WebLink About05-17-16 CCMP1'1' t)1. K E FLMO Our 11,1/J-sin', is to Provide Pub/ic Selpices ii a Fiscal/T ReJponsibk A.:twiner PreserviniL,c CI()'s ()non S (ice Cliarader NOTICE OF MEETING City Council Meeting Tuesday, May 17, 2016 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda Call to Order/Pledge of Allegiance Approval of Agenda G.' Approval of Minutes 1. March 15, 2016; April 5, 2016; April 19, 2016 Public Comments/Inquiries ,E!' Presentations 2. Huff n' Puff Days Proclamation K.-Consent Agenda 3. Approve Payment of Disbursements 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Accept April 2016 Financial Statements Approve Mutual Aid Agreement with the City of Woodbury Accept April 2016 Assessor's Report Accept April 2016 Building Department Report Approval to Abate a 2016 Special Assessment —Resolution 2016-45 Approve Valley Branch Watershed District Boundary Update —Resolution 2016-38 Approve Temporary Liquor License for Lake Elmo Jaycees Huff n' Puff Days Approve Inwood Trunk Watennain Improvements — Pay Request No. 1 Approve Inwood Water Tower — Pay Request No. 1 Approve Eagle Point Boulevard Street Improvements — Change Order No. 3 2016 Seal Coat Project — Approve West Lakeland Township Joint Services Agreement 2016 Seal Coat Project — Accept Bids and Award Contract — Resolution 2016-40 2016 Crack Seal Project — Approve Pay Request No. 1 (FINAL) Approve Boulder Ponds 2'd Addition Final Plat — Resolution 20/44/ ,/ 49! Approve Boulder Ponds 2'd Addition Developers Agreement - Resolution 2016-42 ,/ 24,--Approve-Exee-ption-to-Aecessory-Strtietures-in-Frent—Yai,d-----Res-ohttion-2-94-6-4-3 ,t2e Approve Planning Department Work Plan „2)7Adopt Resolution Supporting Washington County HRA — Resolution 2016-39 Regular Agenda Presentation of 2016A Bond Issuance Results — Resolution 2016-44 lx./ Lions Park RFP VJLabrary Parking Lot arification on Zoning Code Amendment for Rural Districts — Resolution 2016-46 Shared Services and Fire Department Staffing 1 ZOJ . Council Reports Staff Reports and Announcements The City Council will hold a closed session pursuant to Minn. Stat section 13D.03 to discuss labor negotiations K. Adjourn CITY OF LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 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: interim Administrator Schroeder, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. Others present: Parliamentarian Joshua Martin APPROVAL OF AGENDA Councilmember Bloyer, seconded by Mayor Pearson, moved TO MOVE THE CLOSED SESSION TO THE REGULAR AGENDA. City Attorney Sonsalla clarified the nature of the discussion to be held during the closed session and noted that the state statutes allow this discussion to be held during closed session but the Council may choose to hold the discussion during the regular meeting. Motion failed 2 — 3. (Fliflet, Lundgren, Smith — nay) Items 2, 5, 8 and 9 were moved to the Regular Agenda. Item 10 was postponed to the May 3, 2016 meeting. Conditional Job Offer to New Fire Department Recruit was added to the Consent Agenda. Agenda approved as amended. ACCEPT MINUTES Councilmember Smith asked if there was an agreement between the parties that should be included in the motion under Item 7 in the February 2, 2016 minutes. Councilmember Fliflet, seconded by Council/timber Bloyer, moved TO DIRECT THE CLERK TO REVIEW THE VIDEO AND BRING THE FEBRUARY 2, 2016 MINUTES BACK FOR APPROVAL. Motion passed 5 — O. Clerk Johnson noted a correction to the motion at the top of page 4 in the February 16, 2016 minutes to state that Councilmember Smith's motion was withdrawn. February 16, 2016 minutes approved as corrected. March 2, 2016 minutes were tabled to the next meeting for verification of the vote on a motion made regarding Item 20. Minutes of the March 8, 2016 special meeting were accepted as presented. PUBLIC COMMENTS/INOUIRIES Virginia Pleban, 8245 59° Street N., asked for volunteers to assist with weeding and maintaining rain gardens in the City and commented on Council Member conduct. Councilmember Fliflet LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 stated that she would bring rain garden maintenance to the Environmental Committee for consideration. Dave Moore, 8680 Stillwater Boulevard, inquired as to the purpose of the Environmental Committee. Bill Wacker, 3603 Laverne Avenue N., commented on the Fire Department and expressed concerns over staffing due to recruitment challenges. Barry Weeks, 3647 Lake Elmo Avenue N., expressed concern over the closed session at the end of the Council meeting and lack of public input on the issue the Council is scheduled to discuss. PRESENTATIONS National Library Week Proclamation: Mayor Pearson read the National Library Week Presentation. Councilmember Fliflet recognized Library Director Nate Deprey for the work he does at the Library. Fire Department New Recruit: Chief Malmquist introduced new recruit Todd Galuska, noting that the City is fortunate to have Mr. Galuska's 5 years of experience and training from his previous department. Mr. Galuska thanked the City for the opportunity to serve as a Firefighter. CONSENT AGENDA 3. Accept 2015 Lake Elmo Firefighters Relief Association Actuarial Report 4. Adopt Resolution Requesting a Traffic Light at 50th Street — Resolution 2016-25 6. Approve Hiring of Building Official 7. Adopt Amended 2016 Fee Schedule — Ordinance 08-132 9.5 Conditional Job Offer to New Recruit Consent Agenda approved as presented. ITEM 2: Approve Payment of Disbursements Councilmember Bloyer requested clarification on library card reimbursements. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE PAYMENT OF DISBURSEMENTS. Motion passed 5 — 0. ITEM 5: Village City Property Sewer Service — Approve Quotes to Complete Sewer Service Connections Councilmember Smith expressed concern over extending sewer service to the park shelter vhen the park may be redesigned. City Engineer Griffin stated that the City has one year to connect the park shelter to the sewer system. Councilmember Lundgren, seconded by Councilmember Filtiet, moved TO AWARD A CONTRACT WITH CAPRA'S UTILITIES„ INC TO COMPLETE SANITARY SEWER Page 2 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 SERVICE IMPROVEMENTS FOR TWO CITY OWNED PROPERTIES: THE LAKE ELMO LIBRARY AND FIRE STATION ONE, AND TO CONNECT LIONS PARK SHELTER IN THE FUTURE. Motion passed 5 — O. ITEM 8: Approve Lawful Gambling Premises Permit for Pull Tab Sales at the Machine Shed Restaurant Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE RESOLUTION 2016-26 APPROVING A LAWFUL GAMBLING PREMISES PERMIT FOR THE OAKDALE ATHLETIC ASSOCIATION. Councilmember Fliflet, seconded by Councilmember Smith, moved TO POSTPONE THE PENDING MOTION TO THE APRIL 19, 2016 MEETING. Motion passed 3 — 2. (Pearson Bloyer — nay) ITEM 9: Savona 4'1' Addition Developer Agreement Councilmember Smith asked staff for confirmation that the issues previously discussed by the Council are included in the Developer Agreement and are being completed. City Attorney Sonsalla stated that she has reviewed the Developer Agreement and everything seems to be in line, noting that the list of items included with final plat approval must be complete before the Llth Addition plat will be released. Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2016-20 APPROVfNG THE DEVELOPER AGREEMENT FOR SA VONA 4TH ADDITION. Motion passed 5 — O. ITEM 11: Easton Vi a Park Plan _Former Interim .Administrator Schroeder summarized the park plan and timeline in the Developer's Agreement for installation of the City park on Outlot D. Costs and options for layout of the sidewalk, curbing and play structures were presented. Public Works Superintendent Bouthilet commented on cost savings for utilizing the developer to prepare the site and install curbing. Bouthilet also noted that it will be easier to install the park before the homes are all built up around it and it will allow future residents to see where the park will be when choosing their lot. Councilmenzber Smith, seconded by Councilmember Bloyer, moved TO DIRECT STAFF TO COORDINATE WITH EASTON VILLAGE TO GRADE THE PARK PAD AND INSTALL CONCRETE CURBING WHILE EASTON VILLAGE HAS CREWS ON -SITE, PURCHASE PROPOSED LARGE PARK AMENITIES AND HAVE AMENITIES INSTALLED THIS SUMMER. Motion passed 5 — O. Page 3 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 ITEM 12: 2016 Street Improvements — Approve Bids and Award Contract City 'Engineer Griffin reviewed the areas included in the project and reported that four very competitive bids were received. Griffin also reported on funding sources and the estimated completion date of August 12, 2016. Councilnzember Smith, seconded by Councihnember Lundgren, moved TO APPROVE RESOLUTION 2016-21, ACCEPTING BIDS AND AWARDING A CONTRACT TO HARDRIVES, INC FOR THE BASE BID PLUS ALTERNATE NO. I IN THE AMOUNT OF S1,189,610.33 FOR THE 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS. Motion passed 4 — 0 — 1. (Fliflet — abstain) Councilmember Fliflet stated that she abstained because she is opposed to the water project opposed by some residents. ITEM 13: Inwood Booster Station Improvements — Accept Bids and Award Contract City Engineer Griffin reported that bids for the project came in higher than anticipated, but after reviewing the bids and Department of Health requirements; Griffin stated the project should be awarded as is. Griffin reviewed the cost figures for the booster station and the overall Inwood water system. Councilnzember Lundgren, seconded by Councihnember Smith, moved TO APPROVE RESOLUTION 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 WA TER BOOSTER STATION IMPROVEMENTS. Motion passed 5 — O. Engineer Griffin requested Council authorization for work to be done by Xcel Energy at the site as well. Councilmember Smith, seconded by Councilmember Lundgren, moved TO AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH XCEL ENERGY TO BRING THREE PHASE POWER TO THE BOOSTER STATION SITE. Motion passed 5 — O. ITEM 14: CSAH 15 (Manning Avenue) — Phase 1 Cooperative Agreement City Engineer Griffin presented a Cooperative Agreement between the City and Washington County for cost participation in the Manning Avenue Phase 1 improvements. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE RESOLUTION 2016-22 APPROVING COOPERATIVE AGREEMENT 10144 fl/ITH !V4SHINGTON COUNTY FOR STATE AID HIGHWAY 15 (MANNING A VENUE) PHASE 1 IMPROVEMENTS. Motion passed 4 — 1. (Pearson opposed) Mayor Pearson stated concerns over the cost of the trail included in the _project and potential cost for moving the traffic light. Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 ITEM 15: Downtown Phase 1 and 2 Improvements — Project Update City Engineer Griffin presented summary and detailed information on costs for Phase 1 and 2 improvements. Location maps, project phasing and project schedule were also reviewed. Cost figures were presented with changes that have affected the current totals. ITEM 16: Old Village Phase 2: Street, Drainage and Utility Improvements — Accept ELport, Adopt Project Assessment Policy and Call Public Hearing City Engineer Griffin presented the feasibility report, scope of improvements and assessment recommendations. Griffin reviewed the City's special assessment policy and the proposed assessment rates for each property. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-24 RECEIVING THE FEASIBILITY REPORT, ADOPTING PROJECT ASSESSMENT POLICY AND CALLING HEARING FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS. Motion passed 5 — O. ITEM 17: Mayor's Handbook — Chapter 31 Ordinance Update Former Interim Administrator Schroeder reviewed final changed to the draft Ordinance update. Councilmember Smith, seconded by Mayor Pearson, moved TO REPLACE CHAPTER 31.01- 31.07 WITH THE ATTACHED CHAPTER 31.01-31.07 WITH REFERENCES TO SPEAKER TIME LIMITS CHANGED TO 4 MINUTES ON PAGES II, 12 AND 13. Councihnember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO ADD "POSTED" BEFORE "AGENDA" IN 31.04, A, B AND C. Motion passed 4 — 1. (Bloyer — nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO ADD TO 31.04B THAT TWO COUNCILMEMBERS MAY PLACE AN ITEM ON THE AGENDA. Motion passed 3 — 2. (Pearson, Bloyer — nay) Councilmember Fliflet, seconded by Mayor Pearson, moved TO AMEND THE PRIMARY MOTION TO STRIKE THE CHANGE REGARDING 4 MINUTE TIME LIMITS FOR SPEAKERS. Motion passed 3 — 2. (Bloyer, Smith — nay) Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ADD TO 31.04.D.6 TO STATE THAT THE COUNCIL SHALL NOT INTERRUPT THE SPEAKER BUT SHALL VAIT UNTIL AFTER THE SPEAKER IS FINISHED. Motion failed 2 — 3. (Fliflet, Lundgren, Smith — nay) Primary motion passed 3 — 2. (Pearson, Bloyer — nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-27 FOR SUMMARY PUBLICATION. Motion passed 5 — O. e5 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 ITEM 18: Union N otiation Committee City Administrator Handt requested that the Council appoint a committee and alternates to participate in union contract negotiations. Councilmembers discussed their individual interest and qualifications for serving on the committee. Councilmen:her Fliflet, seconded by Councilmember Lundgren, moved TO ALLOW STAFF TO MEET WITH THE LOCAL 49ers REPRESENTATIVES AND BRING BACK A FULL CONTRACT FOR COUNCIL CONSIDERATION. Motion failed 2 — 2 — O. (Pearson, Bloyer — nay. Smith — abstain) Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPOINT MAYOR PEA RSON AND COUNCILMEMBER FLIFLET 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. Motion passed 5 — 0. COUNCIL REPORTS Mayor Pearson: Investigated an allegation against Councilmember Bloyer related to Public Works and found it to be false. Councilmember Fliflet: Thanked fonner Interim Administrator Schroeder for his work with the City and welcomed new City Administrator Handt. Councilmember Smith: Received phone calls from residents on various issues; thanked former Interim Administrator Schroeder for his service and welcomed City Administrator Handt. Councilmember Lundgren: Welcomed City Administrator Handt and thanked Clark Schroeder for his service as Interim Administrator. Reported the Farmers Market group will hold a meeting April 1 1, 6:30 p.m. at the Library. Councilmember Bloyer: Reported the City has received a data request targeting him and warned it will be very costly to the City to produce the information. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Handt: Thanked staff for helping during her transition. City Clerk Johnson: Working on website updates and welcomed new staff members. Finance Director Bendel: Pulling together final information for 2016 bonding for Finance Committee Meeting on April 13th. City Attorney Sonsalla: Working on the Mayor's Handbook and working with the City Engineer on easements. City Engineer Griffin: Holding an open house on April 23rd at Christ Lutheran Church for the CSAH 13 project. Received a petition for sewer access from Lake Elmo Elementary. Engineering team is completing a sweep through developments to check on erosion control. CLOSED SESSION Mayor Pearson, seconded by Councilmember Smith, moved TO ADJOURN TO CLOSED SESSION AT 1:1 7A.M. PURSUANT MN STAT. 13.D.05 SUBD. 3 TO DISCUSS A REAL Page 6 of 7 LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2016 ESTATE TRANSACTION FOR PROPERTY LOCATED AT 3504 AND 3514 LAKE ELIVIO AVENUE AND ONE ADJOINING VACANT PARCEL. Motion passed 3 — 2. (Pearson, Lundgren — nay) Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO RETURN TO OPEN SESSION AT 2:39 A.M. Motion passed 5 — O. Meeting adjourned at 2:39 a.m. ATTEST: Julie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Paae 7 of 7 CITY OF LAKE ELMO HUFF 'IN PUFF DAYS PROCLAMATION WHEREAS: The Lake Elmo Jaycees have been a vital part of the development of young leaders of our community the past 44 years, and WHEREAS: This organization of young people will again be sponsors of Huff n' Puff Days, August 11 — 14, 2016. NOW, THEREFORE, I, Mike Pearson, Mayor of Lake Elmo, do hereby proclaim the second week in August 2016 to be HUFF `N PUFF DAYS in Lake Elmo, and urge all citizens of our community to give full regard to past and continuing services of the Lake Elmo Jaycees. Signed this 1 7111 day of May, 2016. Mike Pearson Mayor DATE: May 17, 2016 CONSENT ITEM #3 MOTION AGENDA ITEM: Approve Disbursements in the amount of$733,432.19 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........................ .......... Administrator Questions from Council to Staff. ....... ....... Mayor Facilitates Call for Motion .... ..... . ....... ..................... Mayor & City Council Discussion ....... . ....... . .......... ....... .......... ....... ......... Mayor & City Council Action on ..... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $733,432,19 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $733,432.19. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council Meeting May 17, 2016 [Consent Agenda Item 4J 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 # ACH ACH ACH DD7159-DD7212 44292-44360 2759 Amount Description $ 15,084.85 Payroll Taxes to IRS & MN Dept of Revenue 05/12/16 S 7,230.89 Payroll Retirement to PERA 05/12/16 $ 1,200.00 Payroll Retirement to ICMA 05/12/16 $ 37,547.37 Payroll (Direct Deposits) 05/12/16 $ 672,309.08 Accounts Payable 05/17/16 60.00 Library Card Reimbursement 05/17/]6 TOTAL $ 733,432.19 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 S733,432.19. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: Pattyl3 Printed: 05/12/2016 - 1:12 PM Batch: 002-05-2016 invoice # 111V Date Amount Quantity Pint Date Description Reference ADVGR Advanced Graphix, Inc. 194554 05/06/2016 101-420-2220-44040 Repairs/Maint Eqpt 194554 Total: ADVGR Total: 180.00 0.00 05/17/2016 Reapply graphics after repairs 180.00 180.00 Task Type PO # Close POLine # No 0000 AMAZONIN Amazon Inc 04/10/2016 707.27 0.00 05/17/2016 Adult, teen and kids books No 0000 206-450-5300-42500 Library Collection Maintenance 04/10/2016 192,32 0.00 05/17/2016 Operating supplies No 0000 206-450-5300-42000 Office Supplies 04/10/2016 14.99 0.00 05/17/2016 Program supplies No 0000 206-450-5300-42500 Library Collection Maintenance Total: 914.58 AMAZONIN Total: 914.58 AMDAI-IL Chris Amdahl Locksmith, inc 12409 05/05/2016 203:00 0,00 05/17/2016 Repair 2 service doors, Station 2 No 0000 1(11-420-2220-44010 Repairs/Maint Bldg 12409 Total: 203.00 AMDAHL Total: 203,00 ANIMALHU Animal Humane Society 5969 04/30/2016 525,00 0.00 05/17/2016 Animal Impound Fecs 1-1/16-4/1/16 No 0000 101-420-2700-43150 Contract Services 5969 Total: 525.00 ANIMA] ,11U Total: 525,00 BAKERTAY Bakei & Taylor 2031910409 04/13/2016 9.39 0.00 05/17/2016 Books No 0000 206-450-5300-42500 Library Collection Maintenance AP - To Be Paid ProorList (05/12/16 - 1:12 PM) Page 1 Invoice Inv Date Amount Quantity Pnit Date Description Reference Task Type PO i Close POLine fi 2031910409 Total: 2031910410 04/13/2016 206-450-5300-42500 Library Collection Maintenance 2031910410 Total: 2031910411 04/13/2016 206-450-5300-42500 Library Collection Maintenance 2031910411 Total: 2031910412 04/13/2016 206-450-5300-42500 Library Collection Maintenance 2031910412 Total: 203193136 04/22/2016 206-450-5300-42500 Library Collection Maintenance 203193136 Total: 2031 943132 04/2212016 206-450-5300-42500 Library Collection Maintenance 2031943132 Total: 2031943133 04/22/2016 206-450-5300-42500 Library Collection Maintenance 2031943133 Total: 2031943134 04/22/2016 206-450-5300-42500 Library Collection Maintenance 2031943134 Total: 2031943135 04/22/2016 206-450-5300-42500 Library Collection Maintenance 2031943135 Total: 2031 962044 04/28/2016 206-450-5300-42500 Library Collection Maintenance 2031962044 Total: 2031962045 04/28/2016 206-450-5300-42500 Library Collection Maintenance 2031962045 Total: 7031962046 04/2S/2016 206-450-5300-42500 Library Collection Maintenance 2031962046 Total: 2031986158 05/1_2/2016 206-450-5300-42500 Library Collection Maintenance 2031986158 Total: 2031986159 05/12/2016 206-450-5300-42500 Library Collection Maintenance 2031986159 Total: 2031986160 05/12/2016 206-450-5300-42500 Library Collection Maintenance 2031986160 Total: 2031986161 05/12/2016 206-450-5300-42500 Library Collection Maintenance AP - To Be Paid Proof List (051(2/16 - 1:12 PM) 9.39 12.74 0.00 05/17/2016 Books 12.74 79.13 0.00 05/17/2016 Books 79.13 299.83 0.00 05/17/2016 Books 299.83 50.26 0.00 05/17/2016 Books 50.26 12.99 0.00 05/17/2016 Books 12.99 20.70 0,00 05/17/2016 Books 20.70 12.99 0.00 05/17/2016 Books 12,99 247.78 0,00 05/17/2016 Books 247.78 63.76 0.00 05/17/2016 Books 63.76 173.31 0.00 05/17/2016 Books 173.31 15.51 0.00 05/17/2016 Books 15.51 13.58 0.00 05/17/2016 Books 13.58 14.95 0.00 05/17/2016 Books 14.95 19.94 0,00 05/17/2016 Books 19.94 153.23 0,00 05/17/2016 Books No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0000 No 0000 Page 2 invoice Inv Date 2031986161 Total: 2031986162 05/12/2016 206-450-5300-42500 Library Collection Maintenance 2031986162 Total: BAKERTAY Total: BARNHART Barnhart Norm 02/12/2016 206-450-5300-42500 Library Collection Maintenance Total: BARNHART Total: RIFFS Riffs Inc. W594448-594457 04/27/2016 101-450-5200-44 120 Rentals - Buildings W594448-594457 Total: BIFFS Total: BOYER Boyer Trucks 1055424 05/04/2016 101-430-3100-42210 Equipment Parts 1055424 Total: BOYER Total: BRO Brodart Company 425172 01/28/2016 206-450-5300-42500 Library Collection Maintenance 425172 Total: 425412 02/01/2016 206-450-5300-42500 Library Collection Maintenance 425412 Total: BRO Total: Amount Quantity Pint Date Description Reference. Task Type PO # Close POLine # 153.73 304.63 0.00 05/17/2016 Books No 0000 304.63 1,504.72 250.00 0.00 05/17/2016 Library Program No 0000 250.00 250.00 251.74 0.00 05/17/2016 Portable Restroonts - Parks No 0000 251.74 251,74 191.93 0.00 05/17/2016 Parts - Plow truck No 0000 191.93 191,93 337.56 0.00 05/17/2016 Audio Book cases No 0000 337.56 2,480.40 0.00 05/17/2016 Magazine Shelving No 0000 2.480.40 2,817.96 BUBERL Buberl Black Dirt, Inc I 8064 05/03/2016 486.75 0.00 05/17/2016 Pebble park No 0000 404-480-8000-45300 Improvements Other Than Bldgs 18064 Total: 486.75 BUBERL Total: 486.75 AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Page 3 Invoice Inv Date Amount Quantity Pout Date Description Reference Task Type PO # Close POLine # CAMPION Campion Barrows & Assoc. Corp 15751 04/30/2016 415,00 0.00 05/17/2016 Psych Eval - Galuska No 0000 101-420-2220-43050 Physicals 15751 Total: 415.00 CAMPION Total: 415.00 CARO VEST Car Quest Auto Parts 6971-571166 04/29'2016 28.68 0.00 05/17/2016 Oil No 0000 101-430-3100-42120 Fuel, Oil and Fluids 6971-571166 Total: 28.68 CARQUEST Total: 28.68 CB & I CB & I Constructors, Inc. Pay Request 1 05/09/2016 45,505.00 0.00 05/17/2016 Project 2015-130 Inwood Water Tower No 0000 601-494-9400-43030 Engineering Services Pay Request 1 Total: 45,505.00 CB &I Total: 45,505.00 CENTPOW Century Power Equipment 687335 05/10/2016 73,80 0,00 05/17/2016 Parts No 0000 101-450-5200-44040 RepairsiMaint Eqpt 687335 Total: 73.8(1 687445 05/11/2016 112,74 0,00 05/17/2016 Parts No 0000 101-450-5200-44040 RepairsiMaint Eqpt 687445 Total: 112,74 CENTPOW Total: 136.54 CENTURYL CenturyLink 04192016 04/19/2016 113.88 0.00 05/17/2016 Phone service - Library No 0000 206-450-5300-43210 Telephone 04192016 04/19/2016 115,00 0,00 05/17/2016 Internet Service - Library No 0000 206-450-5300-43250 Internet 04192016 Total: 228.88 CENTURY', Total: 228,88 COMCAST Comcast 04/27/2016 7,90 0.00 05/17/2016 Monthly Service No 0000 101-420-2220-44300 Miscellaneous Total: 7.90 AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Page 4 Invoice # Inv Date COMCAST Fotal: CIYB LOOM City of Bloomington April 16 04/30/2016 601-494-9400-42270 Utility System Maintenance April 16 Total: CTYB LOOM Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 7.90 31.50 0.00 05/17/2016 Lab Bacteria Testing - April 2016 31.50 31.50 No 0000 CTYOAKDA City of Oakdale April 2016 04/30/2016 7,000.00 0.00 05/17/2016 New Connections - April 2016 - Water No 0000 601-000-0000-20803 VAC due Oakdale April 2016 Total: 7,000.00 CTYOAKDA Total: 7,000.00 CTYOAKD0 City of Oakdale 10000460-01 04/30/2016 4,409.73 0.00 05/17/2016 Water meter South Pit 4/05-5/01/16 No 0000 601-494-9400-43820 Water Utility 10000460-01 Total: 4,409.73 CTYOAKDP Total: 4,409.73 DEMCO Demco 5821878 03/08/2016 82.71 0.00 05/17/2016 Label protectors No 0000 206-450-5300-42500 Library Collection Maintenance 5821878 Total: 82.71 DEMCO Total: 82.71 ELAMMERS Eckberg Lammers, P.C. 04 2016 04/30/20 I 6 3,501.45 0.00 05/17(2016 Prosecution N 0000 101-420-2150-43045 Attorney Criminal 04 2016 Total: 3,501.45 ELAMMERS Total: 3,501.45 FOCUS Focus Engineering, inc. 2698-2702 05/02/2016 355.00 0.00 05/17/2016 Building No 0000 101-420-2400-43030 Engineering 2698-2702 05/02/2016 202,50 0.00 05/17/2016 PW No 0000 101-430-3100-43030 Engineering Services 2698-2702 05/02/2016 3,168.75 0.00 05/17/2016 General No 0000 101-410-1930-43030 Engineering Services AP - To Be Paid Proof List (05/121)6 - 1:12 PM) Page 5 Invoice # 2698-2702 101-410-1910-4303( 2698-2702 101-430-31.00-43030 2703 601-494-9400-43030 2703 602-495-9450-43030 2703 603-496-9500-43030 2704 409-480-8000-43030 2704 409-480-8000-43030 2704 409-480-8000-43030 2704 409-480-8000-43030 2705 602-495-9450-43030 2706 601-494-9400-43030 2707 409-480-8000-43030 2708 601-494-9400-43030 2709 601-494-9400-43030 2710 409-4180-8000-43030 2711 409-480-8000-43030 2712 409-480-8000-43030 Inv Date 05/02/2016 / Engineering Services 05/02/2016 Enginccring Services 2698-2702 Total: 05/02/2016 Engineering Services 05/02/2016 Engineering Services 05/02/20 I 6 Engineering Services 2703 Tota I: 05/02/2016 Engineering Services 05/02/2016 Engineering Services 05/02/2016 Enginccring Services 05/02/2016 Engineering Services 2704 Total: 05/02/2016 Engineering Services 2705 Total: 05/02/2016 Engineering Services 2706 Total: 05/02/2016 Engineering Services 2707 Total: 05/02/2016 Engineering Services 2708 Total: 05/02/2016 Engineering Services 2709 Total: 05/02/2016 Engineering Services 2710 Total: 05/02/2016 Engineering Services 2711 Total: 05/02/2016 Engineering Services 2712 Total: AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Amount Quantity Pint Date Description Reference 720.00 0.00 05/17/20 I 6 Planning 626.25 0.00 05/17/2016 ROW 5,072.50 2,634,16 0.00 05/17/2016 Water 547.50 0.00 05/17/2016 Sewer 310.00 0,00 05/17/2016 SW 3,491.66 30.00 0.00 05/17/2016 Trans & Traffic 266.48 0.00 05/17/2016 Street Maintenance 247.50 0.00 05/17/2016 Muni Aid 120.00 0.00 05/17/2016 Capital Planning 663.98 870.00 870.00 65.00 65.00 12,606,73 12,606.73 1,281,99 1,281,99 9,871.74 9,871.74 450.00 450.00 510.00 510.00 9,680.89 9,680.89 0.00 05/17/2016 CSAH 15 0,00 05/17/2016 LE Ave Trunk Waterman) 0.00 05/17/2016 LE Ave Corridor Improvements 0.00 05/17/2016 Inwood Booster Station 0.00 05/17/20 I 6 Inwood Trunk Watennain 0.00 05/17/2016 Eagle Point Blvd 0.00 05/17/2016 CSAH 13 0.00 05/17/2016 2016 Street Improvements 'Cask Type PO # Close POLin No No No No No No No No No No 140 No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 6 lovoiee # 2713 601-494-9400-43031) 2714 409-480-8000-43030 2715 409-480-8000-43030 2716 409-480-8000-43030 2717 803-000-0000-22910 2718 803-000-0000-22910 2719 803-000-0000-22910 2720 803-000-0000-22910 2721 803-000-0000-22910 2722 803-000-0000-22910 2723 803-000-0000-22910 2724 803-000-0000-22910 2725 803-000-0000-22910 2726 803-000-0000-22910 2727 803-000-0000-22910 lii Date 05/02/2016 Engineering Services 2713 Total: 05/02/2010 Engineering Services 2714 Total: 05/02/2016 Engineering Services 2715 Total: 05/02/2016 Engineering Services 2716 Total: 05/02/2016 Developer Payments 2717 Total: 05/0212010 Developer Payments 2718 Total: 05/02/2016 Developer Payments 2719 Total: 05/02/2016 Developer Payments 2720 Total: 05/02/2016 Developer Payments 2721 Total: 05/02/2016 Developer Payments 2722 Total: 05/02/2016 Developer Payments 2723 Total: 05/02/2016 Developer Payments 2724 Total: 05/02/2016 Developer Payments 2725 Total: 05102/2016 Developer Payments 2726 Total: 05/02/2016 Developer Payments 2727 Total: AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Amount Onantity Pmt Date Description Reference 1,173.75 1,173.75 326.25 326.25 1,020.78 1,020.73 2,562.50 2,562.50 130.00 130.00 45.00 45.00 845.26 845.26 110.00 110,00 90.00 90,00 1,983.98 1,983.98 1,508.14 1,508.14 367.22 307,22 1,231.32 1,231.32 784.58 784.58 8,076.18 8,076.18 0.00 05/17/2016 Inwood Water Tower 0.00 05/17/2016 2016 Seal Coat 0.00 05/17/2016 2016 Crack Seal Coat 0.00 05/17/2016 OV Phase 2 0.00 05/17/2016 Village East Trunk Sewer 0.00 05/17/2016 Lennar 0.00 05/17/2016 Boulder Ponds 0.00 05/17/2016 Hammes 0.00 05/17/2016 Hunters Crossing 0.00 05/17/2016 Wildflower 0.00 05/17/2016 Village Preserve 0.00 05/17/2016 Easton Village 0.00 05/17/2016 Inwood 0.00 05/17/2016 Hunter Crossing II 0.00 05/17/2016 Savona III Task Type PO # Close POLine # No No 0000 0000 No 0000 NO 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 7 Invoice # Inv Date Amount Quantity Pint Date Description Reference 2728 05/02/2016 803-000-0000-22910 Developer Payments 2728 Total: 2729 05/02/2016 803-000-0000-22910 Developer Payments 2729 Total: 2730 05/02/2016 803-000-0000-22910 Developer Payments 2730 Total: 2731 05/02/2016 803-000-0000-22910 Developer Payments 2731 Total: 2732 05/02/2016 803-000-0000-22910 Developer Payments 2732 Total: 2733 05/02/2016 803-000-0000-22910 Developer Payments 2733 Total: 2734 05/0272016 803-000-0000-22910 Developer Payments 2734 Total: 2735 05/02/2016 803-000-0000-22910 Developer Payments 2735 Total: FOCUS Total: GFOA Gov, Finance Officers Assn 148809 05/02/2016 101-410-1520-44330 Dues & Subscriptions 148809 Total: GFOA Total: GKSERVIC G&K Services 1182668991 04/27/2016 101-430-3100-44170 Uniforms 1182668991 Total: 1182680433 05/04/2016 101-430-3100-44170 Uniforms 1182.680433 Total: GKSERVIC Total: Task Type PO # Close POLine 2,032.94 0,00 05/17/2016 Auto Owners No 0000 2,032.94 2,023,47 0.00 05/17/2016 1SD 916 No 0000 2,028.47 120.00 0.00 05/17/2016 Arbor Glen No 0000 120.00 1,366.25 0.00 05/17/2016 Savon IV No 0000 1,366,25 1,317,50 0.00 05/]7/20]6 Inwood 3rd No 0000 1,317.50 1,717,50 0.00 05/17/2016 Boulder Ponds II No 0000 1,717.50 910.00 0.00 05/17/2016 Village Preserve 11 No 0000 910.00 240,00 0.00 05/17/2016 The Royal Golf Course No 0000 240.00 74,552.11 170.00 0.00 05/17/2016 Annual Dues 170.00 170.00 35.15 0,00 05/17/2016 Uniforms 35. I 5 34.63 0.00 05/17/2016 Uniforms 34.63 69,78 No 0000 No 0000 No 0000 AP - To Bc Paid Proof List (05/12/16 - 1:12 PM) Page S Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # Gophseal Gopher State Sealeoat Inc. 15725 05/03/2016 29,828.00 0.00 05/17/2016 2016 Crack Seal Project - Final No 0000 101-430-3100-42250 Landscaping Materials 15725 Total: 29,828.00 Gopliseal Total: 29,828.00 HANDT Handt Kristina 05/09/2016 48.32 0.00 05/17/2(116 Mileage and parking No 0000 101-410-1320-43310 Mileage Total: 48.32 HANDT Total: 48.32 HOL1DAYC Holiday Credit Office 04/15/2016 105.36 0.00 05/17/2016 Fuel 101-420-2220-42120 Fuel, Oil and Fluids Total: 105.36 HOL1DAYC Total: 105.36 No 0000 INNOVAT Innovative OfTice Solutions 1166041 04/28/2016 13.30 0.00 05/17/2016 Supplies No 0000 101-410-1320-42000 Office Supplies 1166041 Total: 13.30 1175555 05/06/2016 21.78 0,00 05/17/2016 Wensman - nameplate No 0000 101-410-1910-420011 Office Supplies 1175555 05/06/2016 21.77 0.00 05/17/2016 Sonsal la - nameplate No 0000 101-410-1320-42000 Office Supplies 1175555 Total: 43.55 11770018 04/28/2016 111.54 0,00 05/17/2016 Toner No 0000 101-420-2220-42000 Office Supplies 11770018 04/28/2016 58.18 0.00 05/17/2016 Supplies No 0000 101-410-1320-42000 Office Supplies 11770018 Total: 169.72 1NNOVAT Total: 226.57 JANIKJNG Jani-King of Minnesota, Inc M1N05160381 05/01/2016 326.65 0.00 05/17/2016 Cleaning Services - City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg M (NO5160381 Total: 326,65 JANIKING Total: 326.65 AP - To Be Paid Proof List. (05/12/16 - 1:12 PM) No 0000 Page 9 invoice Inv Daft Amount Quantity Pint Date Description Reference Task Type PO ft Close POLine /41 kathfuel Kath Fuel Oil Service Co 552624 04/29/2016 86100 0.00 05/17/2016 Fuel No 0000 101-430-3100-42120 Fuel, Oil and Fluids 552624 Total: 862.00 kathfuel Total: 862.00 KWIK Kwik Trip Inc 814577 05/02/2016 17.85 0.00 05/17/2016 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids S14577 Total: 17.85 KW1K Total: 17,85 LARSON Larson Diesel Service, Corp 160429008 04/29/2016 47.25 0.00 05/17/2016 Repairs No 0000 101-430-3100-44040 Repairs/Maint Eqpt 160429008 Total: 47.25 LARSON Total: 47,25 LENNAR Lennar Family of Builders 2014-417 05110/2016 5,000.00 0.00 05/17/2016 Escrow Refund 568 Juniper Ct N No 0000 803-000-0000-22900 Deposits Payable 2014-41_7 Total: 5,000.00 2014-708 05/10/2016 5,000.00 0.00 05/17/2016 Escrow Refund 528 JuniperJuniperCtN No 0000 803-000-0000-22900 Deposits Payable 2014-708 Total: 5,000.00 2014-720 05/10/2016 5,000.00 0,00 05/17/2016 Escrow Refund 9853 7th St N - No 0000 803-000-0000-22900 Deposits Payable 2014-720 Total: 5,000.00 2015-11S 05/10/2016 5,000,00 0.00 05/17/2016 Escrow Refund 765 Juniper Ave No 0000 803-000-00110-22900 Deposits Payable 2015-118 Total: 5,000.00 2015-362 05/10/2016 5,000.00 0.00 05/17/2016 Escrow Refund 9703 7th St N - No 0000 S03-000-0000-22900 Deposits Payable 2015-362 Total: 5,000.00 2015-383 05/10/2016 5,000.00 0.00 05/17/2016 Escrow Refund 9822 701 St N No 0000 803-000-0000-22900 Deposits Payable 2015-383 Total: 5,000,00 2015-408 05/10/2016 5,000,00 0,00 05/17/2016 Escrow Refund 971 9 7th St N No 0000 803-000-0000-22900 Deposits Payable 2015-408 Total: 5,000.00 20]5-415 05/10/2016 5,000,00 0.00 05/17/2016 Escrow Refund 9733 7th St N No 0000 803-000-0000-22900 Deposits Payable 2015-415 Total: 5,000.00 AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Page I 0 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # 2015-99 05/10/2016 5,000.00 0,00 05/17/2016 Escrow Refund 9786 7th St N No 0000 803-000-0000-22900 Deposits Pavable 2015-99 Total: 5,000,00 LENNAR Total; 45,000.00 LEOIL Lake Elmo Oil, Inc. 04/30/2016 407,00 0.00 05/17/2016 Fuel No 0000 01-420-2220-42120 Fuel, Oil and Fluids Total: 407.00 LEOIL Total: 407.00 Lillie Newspapers Inc. Lillie Suburban Acct 007148 04/29/2016 360.60 0.00 05/17/2016 Notices No 0000 101-410-1320-43510 Legal Publishing Acct 007148 Total: 360.60 Lillie Total: 360.60 MANTYLA Mantyla Well Drilling, Inc 31993 05/04/2016 486.75 0.00 05/17/2016 Repair parts - Pebble No 0000 101-450-5200-42210 Equipment Parts 31998 Total: 486.75 MANTYLA Total: 486.75 MARONEYS Nlaroney's Sanitation, Inc 623150 05/06/2016 112.94 0.00 05/17/2016 City Hall .. No 0000 I 01-410-1940-43840 Refuse 623150 05/06/2016 49.71 0.00 05/17/2016 Trash - Fire No 0000 I 01-420-2220-43840 Refuse 623150 05/06/2016 216,67 0.00 05/17/2016 Trash - PW No 0000 101-430-3100-43840 Refuse 623150 05/06/2016 216.67 0,00 05/17/2016 Trash- Fire No 0000 101-420-2220-43840 Refuse 623150 05/06/2016 49.89 0.00 05/17/2016 Trash - Library No 0000 206-450-5300-43840 Refuse 623150 Total: 645.88 MARONEYS Total: 645.88 NICE:NIA Minnesota City/County Mgnn Ass 05/01/2016 05/01/2016 129.00 0.00 05/17/2016 Membership - 5/1/16-4/30/17 No 0000 I 01-410-1320-44330 Dues & Subscriptions 0510112016 Total: 129.00 AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Page l Invoice Inv Date Amount Quantity Pint Date Description Reference Task Type PO Close POLine MCCMA Total: 129.00 MENARDSO Menards - Oakdale 2928 04126/2016 84.98 0.00 05/17/2016 Shop supplies No 0000 101-450-520(1-42150 Shop Materials 292S Total: 84,98 2955 04/26/2016 10.00 0.00 05/17/2016 Office supplies No 0000 101-450-5200-42000 Office Supplies 2955 Total: I 0.00 3211 04/29/2016 4),20 0.00 05/17/2016 Floor-dri No 0000 101-420-2220-42400 Small Tools & Equipment 3211 Total: 42.20 3436 05/03/2016 60.68 0_00 05/17/2016 Shop supplies No 0000 101-450-5200-42150 Shop Materials 3436 Total: 60,68 3529 05/04/2016 110,99 0.00 05/17/2016 Shop supplies No 0000 101-450-5200-42150 Shop Materials 3529 Total: 110.99 MENARDSO Total: 308.85 MENARDST Mcnards - Stillwater 86238 04/28/2016 11.95 0.00 05/17/2016 Replace Thermstat - Stat 2 No 0000 10 1-420-2220-44010 Repairs/Maint Bldg 86238 Total: 11.95 MENARDST Total: 11.95 METCOU Metropolitan Council 1055001 05/03/2016 1,289.58 0.00 05/17/2016 Waste water services No 0000 602-495-9450-43820 Sewer Utility - Met Council 1055001 Total: 1,289.58 METCOU Total: 1,289.58 Nt ETSAC Metropolitan Council April 2016 05/01/2016 47,215.00 0.00 05/17/2016 SAC Charges - April 2016 602-000-0000-20802 SAC due Met Council April 2016 Total; 47,215_00 Discount 05/01/2016 -472,15 0.00 05/17/2016 SAC Charges - April 2016 - Discount 602-000-0000-37220 SAC Early Pay discount/revenue Discount Total; -472,15 METSAC Total: 46,742,85 AP - To Be Paid Proof List (05/12116 - 1:12 PM) No 0000 No 0000 Page 12 invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO Close POLine MILLEREX Miller Excavating, inc. 20491 04/30/2016 517.50 0.00 05/17/2016 Grader No 0000 101-430-3120-43150 Contract Services 20491 Total: 517,50 MILLEREX Total: 517.50 NORTHDAL Northdale Construction Co, INC Pay Request I 05/09/2016 349,571.01 0.00 05/17/2016 Inwood Trunk Watennain Imp No 0000 601-494-9400-43030 Engineering Services Pay Request 1 Total: 349,571.01 NORTHDAL Total: 349,571.01 NYTIMES THE NEW YORK TIMES 890168271 04/17/2016 225,60 0,00 05/17/2016 Subscription No 0000 206-450-5300-42500 Library Collection Maintenance 890168271 Total: 225.60 NYTIMES Total: 225.60 OAKDRC Oakdale Rental Center 109473 04/27/2016 67,40 0.00 05/17/2016 Propane No 0000 101-430-3120-42250 Street Maintenance Materials 109473 Total: 67,40 OAKDRC Total: 67,40 ONECALL Gopher State One Call 6040485 04/30/2016 581.45 0.00 05/17/2016 Tickets No 0000 101-430-3100-43150 Contract Services 6040485 Total: 581.45 ONECALL Total: 581.45 OVERDR1V OverDrive, Inc Cd5219000104281 04/28/2016 2,000.00 0.00 05/17/2016 Deposit for Econtent Purchases No 0000 206-450-5300-42500 Library Collection Maintenance Cd5219000104281 Total: 2,000,00 OVERDR1V 2,000.00 P EN WORTH The Penworthy Company 0515285-IN 04/18/2016 908.31 0.00 05/17/2016 Books No 0000 206-450-5300-42500 Library Collection Maintenance 0515285-IN Total: 908.31 AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Page 13 invoice it ins' Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine ti PENWORTH "Fowl: 908,31 PINKY Pinky's Sewer Service, Inc. 74046 04/15/2016 100,00 0.00 05/17/2016 Pumped 2 tanks No 0000 206-450-5300-44010 Repairs/Maint Bldg 74046 Total: 100.00 PINKY Total: 100.00 PIONEER' Pioneer Rini & Wbeel Company 1-333042 04/29/2016 266.38 0.00 05117/2016 Equipment repairs No 0000 101-430-3100-44040 Repairs/Maim Eqpt 1-333042 Total: 266.38 PIONEF.R1 Total: 266.38 RAYANDER Rav Anderson & Sun Co Inc 2016-369 05/10/2016 803-000-0000-22900 Deposits Payable 2(116-369 Total: RAYANDER Total: 2,000.00 0.00 05/17/2016 Refund Escrow 1796 Lake Elmo Ave No 0000 2,000.00 2,000.00 RIVRCOOP River Country Cooperative 04/30/2016 149.30 0.00 05/1712016 Fuel No 0000 101-420-2220-42120 Fuel. Oil arid Fluids Total: 149,30 RIVRCOOP Total: 149.30 SAMBATEK Sarnbatek, Inc 7476 (14/27/2016 106.00 0.00 05/17/2016 Arbor Glen No 0000 803-000-0000-22910 Developer Payments 7476 Total: 106,00 7518 05/04/2016 2,156.25 0.00 05/17/2016 OP Ordinance updates No 0000 101-410-1910-43150 Contract Services 7518 Total: 2,156.25 7519 05/04/2016 531.25 0.00 05/17/2016 General Services No 0000 1(11-4 ! 0-1910-43150 Contract Services 7519 05/04/2016 250.00 0.00 05/17/2016 Palrnquist No 0000 101-410-1910-43150 Contract Services 7519 05/04/2016 168.50 0.00 05/17/2016 OP Ordinance No 0000 101-410-1910-43150 Contract Services 7519 Total: 949.75 AI' - To Be Paid Proof' List (05/12/16 - 1:12 PM) Page 14 invoice Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POIAtie # SAM BATEK Total: 3,212,00 SEH Short Elliott Hendrickson, hie 313392 04/13/2016 4,809.86 0,00 05/17/2016 Inwood Water Tower No 0000 601-494-9400-43030 Engineering Services 313392 Total: 4,809,86 SEH Total: 4,809,86 SMITHSCH Smith Schafer & Associates,LTD 38023 (14/27/2016 550.00 0.00 05/17/2016 Interim Billing - Annual audit No 0000 101-410-1520-43010 Audit Services 38023 Total: 550.00 SMITHSCH Total: 550,00 STLIBRAR Stillwater Public Library 05/01/2016 660,00 0.00 05117/2016 Library Card Reimbursement No 0000 206-450-5300-44300 Miscellaneous Total: 660.00 STLIBRAR Total: 660,0)) STPAUL St Paul Stamp Works, Inc. 320279 04/27/2016 122.34 0.00 05/17/2016 Stamps No 0000 101-420-2400-42000 Office Supplies 320279 Total: 122.34 STPAUL Total: 122.34 TASCH T.A. Schifsky & Sons Inc 59641 05/02/2016 54.06 0.00 05/17/2016 Asphalt No 0000 101-430-3120-42240 Street Maintenance Materials 59641 Total: 54.06 TASCH Total: 54.06 TOWNCTRY Town & Country Cleaning Co 516566 05101/2016 370.00 0.00 05/17/2016 Cleaning - Library 0000 206-450-5300-44010 Repairs/Maint Bldg 516566 Total: 370.0(1 TOWNCTRY Total: 370,00 AP - To Be Paid Proof List (05/12/16 - 1:12 PM) Page 15 invoice # Inv Date Minium Quantity Pint Date Description Reference Task Type P() # Close POLine # TRKUT1 Truck Utilities Inc. 297935 05/05/2016 22.80 0.00 05/17/2016 Equipment repair No 0000 101-430-3100-44040 Repairs/Nlaint Eqpt 297935 Total: 22.80 TRKUTI Total: 77.80 VALLEYIR Valley Trophy Inc. 47588 04/29/2016 226.80 0.00 05/17/2016 Service Awards No 0000 101-420-2220-44300 Miscellaneous 47588 Total: 226,80 47730 04/29/2016 32,00 0.00 05/17/2016 Service Awards No 0000 101-420-2220-44300 Miscellaneous 47730 Total: 32.00 V ALLEYTR Total: 258.80 WASI1-REC Washington County Various 05/02/2016 598.00 0.00 05/17/2016 Filings No 0000 101-410-1320-43510 Legal Publishing Various Total: 598.00 WASII-REC Total: 598.00 WASIILIB Washington County Library 05/01/2016 206-450-5300-44300 Miscellaneous Total: WASHLIB Total: 789.00 0.00 05/17/2016 Library Card Reimbursement No 0000 789.00 789.00 WEEKSEND Weeks -End Signs & Graphics 2203 05/10/2016 32.00 0.00 05/17/2016 Signs - Nature Day 101-450-5200-44300 Miscellaneous 2203 Total: 32.00 WEEKS END Total: 32.00 Whiteaiii White Anita Bonus CC 5.3,16 05/03/2016 101-410-1450-43620 Cable Operations Bonus CC 5.3.16 Total: CC 5,3.16 05/03/2016 101-410-1450-43620 Cable Operations CC 5.3.16 Total: AP - To Be Paid Proof List (05/12/16 - 1:12 PM) 25.00 0.00 05/17/2016 Cable Operations - I3onus 25.00 55.00 0.00 05/17/2016 Cable Operations 55.00 No 0000 No 0000 No 0000 Page 16 invoi XCEi, Xcel Energy 04192016 101-450-5200-4381 04192016 602-495-9450-4351 04192016 101-430-3160-4381 04192016 101-430-3160-4381 04192016 101-420-2220-4381 04192016 101-410-1940-4381 04192016 101-430-3160-4381 04192016 101-450-5200-4381 04192016 101-450-5200-4381 04192016 101-450-5200-4381 04192016 601-494-9400-4381 04192016 101-430-3160-4381 04192016 101-450-5200-4381 04192016 602-495-9450-4381 04192016 602-495-9450-4381 04192016 101-420-2220-4381 04192016 101-450-5200-4381 04192(116 101-430-3160-4381 04192016 101-430-3(60-4381 04192(116 101-450-5200-4381 Inv Date Whileani Total: 04/1912016 0 Electric Utility 04/19/2016 0 Electric Utility 04/19/2016 0 Street Lighting 04/19/2016 0 Street Lighting 04/19/2016 0 Electric Utility 04/1972016 0 Electric Utility 04/19/2016 0 Street Lighting 04/19/2016 0 Electric Utility 04/19/2016 0 Electric Utility 04/19/2016 0 Electric Utility 04/19/2016 0 Electric Utility 04/19/2016 0 Street Lighting 04/19/2016 0 Electric Utility 04/19/2016 0 Electric Utility 04/19!2016 0 Electric Utility 04/19/2016 0 Electric Utility 04/19/2016 0 Electric Utility 04/19/2016 0 Street Lighting 04/19/2016 0 Street Lighting 04/19/2016 0 Electric Utility Antolini Quantity Pint Date Description 80.00 14.39 0.00 05/17/2016 186.17 0.00 05117/2016 33.38 0.00 05/17/2016 27.63 0.00 05/17/2016 401.29 0.00 05/17/2016 258.98 0.00 05/17/2016 30.85 0.00 05/17/2016 11.75 0.00 05/17/2016 59.9(1 0.00 05/17/2016 21.03 0.00 05/17/2016 1,144,39 0.00 05/17/2016 40.66 0.00 05/17/2016 107.64 0.00 05/17/2016 19.58 0,00 05/17/2016 17.27 0.00 05/17/2016 789.11 0.00 05/17/2016 110.60 0.00 05/17/2016 1,887.36 0.00 05/17/2016 27,97 0.00 05/17/2016 14.18 0.00 05/17/2016 Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Reference 'Task Type PO ft Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Re Paid ProofList (05/12/16 - 1:12 PM) Page 17 Invoice 71 Inv Date 04192016 04/19/2016 101-450-5200-43810 Electric Utility 04192016 04/19/2016 101-430-3100-43810 Electric Utility 04192016 04/19/2016 601-494-9400-43810 Electric Utility 04192016 04/19/2016 101-430-3160-43810 Street Lighting 04192016 04/19/2016 206-450-5300-43810 Electric Utility 04192016 04/19/2016 602-495-9450-43810 Electric t ltility 04192016 04/19/2016 601-494-9400-43810 Elecnic Utility 04192016 04/19/2016 101-450-5200-43810 Electric Utility 04192016 04/19/2016 101-430-3160-43810 Street Lighting 04192016 04/19/2016 101-430-3160-43810 Streei Lighting 04192016 04/19/2016 601-494-9400-43810 Electric Utility 04192016 Total: XCEL Total: ZACK Zack's, Inc. 31137 04/28/2016 101-430-3100-42150 Shop Materials 31137 Total: ZACK Total: Report Total: AP - To Be Paid Proof List (05/12116 - 1:12 PM) Amount Quantity Pint Date Description 136,72 0.00 1,382.72 0.00 125.23 0,00 12.97 0.00 462,38 0.00 210,09 0.00 131.41 0.00 14,01 0.00 43.66 0,00 35.40 0.00 955.94 0.00 8,214.66 8,214.66 224.19 224,19 224.19 646,744.08 05/17/2016 05/17/2016 05/17/2016 05/17/2016 05/17/2016 05/17/2016 05/17/2016 05/17/2016 05/17/2016 05/17/2016 05/17/2016 Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services 0.00 05/17/2016 Shop supplies Reference Task Type PO # Close VOLinc # No 0000 No 000U No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 18 Accounts Payable To Be Paid Proof List User: PattyB Printed: 05/12/2016 - 1:38 PM Batch: 003-05-2016 Invoice # Inv Date Amount Quantity 1'mt Date Description Reference Task Type PO # Close POLine SW/WC SW/WC Service Cooperatives 4272016 04/27/2016 25,565.00 0.00 05/17/2016 June 2016 Premium No 0000 101-000-0000-21706 Medical Insurance 4272016 Total: 25,565.00 SW/WC Total: 25,565.00 Report Total: 25,565.00 AP - To Be Paid Proof List (05/12/16 - 1:38 PM) Page 1 OIVMUN GATI DATE: May 17, 2016 CONSENT ITEM #4 MOTION AGENDA ITEM: April 2016 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Kristina Handt, City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Administrator - Report/Presentation.. ......... ..... 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; NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the April 2016 Financial Reporting Packet. No specific motion is needed as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct nonnal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find the comparative financial statements for the month of April 2016 reflecting the monthly and year to date detail, comparing the actual results to the 2016 Budget. City Council Meeting [Consent Agenda Item #4] May 17, 2016 GENERAL FUND: Revenues: Total revenue for the month was 125.9°A above budget for the month bringing the year to date to 77.9% better than budget. The most significant budget to actual revenue variances are as follows: Building Pen -nit revenue was 99.0% above budget for the month bringing the year to date revenue at 88.4°/0 better budget. This is primarily due to the nice weather allowing for building activity beginning months earlier than anticipated in the 2016 budget. There were 22 new homes permitted in April bringing the year to date number of new homes to 79. Heating permits far exceeded budget by $13.6k for the month and $24.2k year to date. Utility permits (right of way) permits far exceeded budget by $8.0k for the month and $22.3k year to date. Plan check fee revenue was 103.4% above budget for the month bringing the year to date revenue to 79.1% better than budget for the same reasons mentioned related to building permit revenue. The Jaycees donated $10k to the City in the month of April which was not budgeted. Expenses: Total expenses for the month were 1.6% lower than hudget for April bringing the year to date expenses to 2.9% lower than budget. The following summarizes variances of note: General: • General Government expenses were 56.6% higher than budget for the month bringing the year to date expenses to 24.0% higher than budget. This was primarily due legal expenses far exceeding budget and the 3M litigation costs were the cause. • Total Public Safety expenses were 35.5% lower than budget for the month bringing the year to date expenses to 15.5% lower than budget. This was primarily due to the Building Official functions being covered by a contract inspector at a lower cost. • Public Works — The total Public Works expenses were 15.9% lower than budget for the month bringing year to date expenses to 17.9°/0 better than budget, In summary, the April revenues were 125.9% better than budget and the expenses were 1.7% lower than budget resulting in a net income of 77.0% more than hudget. On a year to date basis, -- page 2 -- r- City Council Meeting May 17, 2016 [Consent Agenda Item #4] the revenues are 77.9% above budget and the expenses were 2.9% less than budget resulting in a net income of 52.2% better than budget year to date. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached April Financial Report. ATTACHMENT: 1. April Financial Reports -- page 3 -- Cav of Lake Elmo 2015 tia, Mown Budget to Actual Cortmarmive For the month endine April 30, 20 16 101-Gcncral Fund lllllllllllll liv Dcuartment DEPT 410 - GENT GOV'T REVENUE mai Revenue 5/17/2016 Full Year MONTH YTD 11L1rxiET MIDGET ACTUAL Variance ($) Variance (5) BUDGET ACTUAL Variance (S) Variance(%) 2016 % to date Month Month Month Moth YTD YTD YTD YTD 3,485,514.32 16.33% 81,490M0 184,140,63 102,650.63 125,9754 319,858.00 569,014,80 249;156.80 77.90% EXPENSE Total Mayor & Council 45,955.32 30.2554 1,000.00 4,462,19 (3,462.19) -346.2254 9,175.00 13,901,38 (4,526.311) .48.28% Total Administration 360,997.50 67.1654 32,415.47 86,174.56 (53,759.09) -165.84% 138,761.43 242,-134.59 (103,673.16) -74,71 ",,,, Total Elections 15,800.00 7.59^/0 0,00 0.00 0.110 0.00% 9511.00 1,200.00 (250,101) -26.32% Total Finance 124,835.30 34.6754 15,422,41 6,883.25 8,539,16 55.3754 58,617.24 43,285.65 15,331.59 26.10% Total Planning & Zoning 284,682,35 28.74% 24,017.59 21,713,59 2,304.00 9.5954 90,437.74 81,807.37 8,630.37 Total Engineering Services 48,1100.011 22.02% 4,000,00 3,168.75 831.25 20.78% 16,000.00 111,571.23 5,428.77 33,9354 Toial city Hall 55,082,00 35,36% 4,461.0(1 4,968.32 (507.32) -11.37% 18,619.00 19,476,38 (857.38) -4,60% Total General Government 935,352.47 44.1254 81,316,47 127,170.66 (46,054.19) -50,6454 332,760.41 4)2,676,60 (79,916,19) -24.02% DEPT 420 - PUIILIC SAFETY Total Police 527,060.47 0.12%, 0.00 0.00 0.00 11.00% 0.00 634.22 (634.22) -1110.011% Total Prosecution 54,700.00 28.26% 4,500.00 3,501.45 998.55 22.1954 18,300.00 15,460.18 2,839,82 15.5254 Total Eire 377,231,71 32.30% 29,949,77 22,465,49 7,484.28 24,99% 141,722.35 121,854.88 19,867,47 14.02% Total Eire Relief 37,323.00 0.00"/a 0,00 0,00 0,00 0.00%, 0,00 0,00 0.00 0.0054, Total Building Insneclions 260,765.91 28,6854 27,780.11 14,125.64 13,654,47 49.1554 90,350.32. 74,800.07 15,551).25 17.21% Total Emergency Communications 7,400.110 0.00% 0.00 0.00 0.00 0.00% 1,850.00 0.00 1,8511,00 100.00% Total Animal Control 7,550.00 31.1954 600.00 650.1111 (50.00) -8.3354 2,400,00 2,430.00 (30.110) -1.25%a Told Public Safety 1,272,031A/9 16,9254 62,825488 40,742,58 22,087.30 35.1554 254,622,67 215.179.35 39,443.32 1.5.4954 Summary.) MONTH YTD BUDGET ACTUAL Variance (3 1 Variance (%) BUDGET ACTUAL Variance (S ) Varittnetz (%) DEPT 430 - PUBLIC 'WORKS Month Month Month Month YTD YTD YTD 'CID Total Public Works 411,284,53 40340/o 36,037,24 30,498.18 5,539.06 15,37% 162,776.75 165,903.13 (3,126.38) 4,92% Tolal Streets 413,000.00 1.13% 3,660.00 2,955.93 704.07 I9.24°/ 8,540.00 4,650.116 3,889.14 45.544 Tolal Ice & Snow Removal 87,250,00 5.34% 1,000.00 0.00 1,000.00 100.011% 41,500.00 4,655,87 36,844.13 88.78% Iola' Street Lighting 26,400.00 31.45% 2,200.00 2,171.85 28.15 1.28% 8,800.00 8,302,81 497.19 5.65% Total Recycling 5,900.00 0.00% 2011.110 0.00 200.00 100,000' 2,550.1)0 0.00 2,550.00 100.00% Total Tree Program 1,1100.00 61.45"/o 0.00 614.50 (614,5(1) -100.00% 0.00 6)4.50 (614.50) -100.00% Total Public Works _ 944.834,53 19.49% 43,097,24 36,240,46 6,856.78 15.91% 224,166.73 184,127.17 40.039.58 17,86% DEPT 450 - CULTURE, RECREATION Total Parks & Recreation 231,320.23 24,87% 24,555.64 11,06039 13,495.25 54.96% 8,1,927.93 57,525.42 27,40251 32.27"/o IT & Telephone 81,976.00 36.48% 5,900,00 11,891,10 (5,991.10) -101,545' 31,756.00 29,9114.07 1,851.93 5.83% GRAND TOTAL ALL EXPENSES 3,465,514,32 25.09% I 217,699.23 215,414,09 (3,614.86) -1.66% 928,233,76 _ 869,508.54 26,969.22 2,91% SUB TOTAL NEI INC OVER EXP 20,000.00 -1502,47% : (136,209.23) (31,273.46) 99,035,77 -72.71% (608,375.76) (300,493.74) 276,126.07. -45.39% DEPT 460 - COMP AD.1 20,000.00 0.00% 0.00 0,00 0.00 0.00% 20,000,00 0.00 20,000,00 100.00% DEPT 490 - CONTINGENCY FUND 0.00 0.00% 0.00 0.00 0.00 0,00% 0.00 0.00 0.00 0.00% Debt Service Met ease 0.00 0.00% 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00% DEPT 493 - OTI1 FINANCING 0.00 0,00% 0,00 0,00 0.00 0.00% 0,00 0.00 0,00 0,00% GRAND TC)TAL ALL DEPT5 3,485,514.32 24.95% 217,699.23 215,414.09 (3,614.86) -1.66% 9-18,233,76 869,508,54 46,969.22 4,93% Net Income over Evenscs 0.00 % (136,209.23) (31,273.46) 104,935.77 77.04"/o (628,373.76) (30(1,493,74) 327,80202 52.18% Sonnuary_2 D14PT 450- CCLr1111e, 116C'12L1,1'10 hill Veal 8IUN-111 ODUGEI 111;nGLI' ACTUAL Variance(5) Voriancc l°,l BUDGET ACTU.•\I. \;nuance iS) Variance l'41 52110 - Parks & Recrc:nlun 2016 '-,. m 0115 Alnnch 8-kind( Alnmh Month 1'1-I) 1'7n \TU YTU I-1 Sala54.- 115,154.0(1 23,94 % 13,298.54 5,680,12 7.618.42 5'7,29% 39,595,62 27,591 a4 12.3)14. LS 36,54,4 PI S:dal i,., 322,5011,01i 11,20 % 3,750.0d 530.00 3,22000 85.87% 11251400 3,640.00 7,61000 67.64", PERA Conrribu6on< 8,644,05 26.1)01, 997.39 465,77 531.62 53.311 , 2,992,17 2,259,07 713,)0 24.511°t, PICA (bnlnhtions 9,160,75 21115% 1,0.777,01 36526 691.75 65,449, 3.171.03 13451,') 1.325.34 41.80,° ?Ord.:arc Conl,hilloni 2,141.43 20.15% 247 211 65.42 161.7S 6544°, 741.61-131.66 309.95 41,79°° 14r41IdUcnlal l iaulanca 19,019,00 34,33% 2,194.50 I.450.80 74370 3389"-° 6S83,511 6.528,60 5.1.91) 0,43', llncmployment Ilene) Ls 0,011 (1110% 0.00 0.00 0.00 0.00 ° 11.II1.1 0.00 0,00 0.01.1",.- 11'nrkers Cuinprit..4Iion 4,7011.011 79.47Y4 II,00 1)90 0500 0009, 4,7110,00 3.734.94 965116 211.53W-% Shop 11,110enat5 01011,00 75,89 % 1110,0)1 501,69 001.691-4111.695, 400.00 753,90 13-38.90) .89 73°„ 1"hauOca L- 1,500011 14101%, 125411 0,00 125,00 100,009, 5011,00 000 5111100 10111111°, Lqugnucnr ra115 4.000.1111 15,70 % 330,00 1100 330.00 1110.18140 1.171400 625.12 691.88 52.4201 Building Repair Supplies 500.00 93,79% a11.150 227.92 17.05 30.20°, ' 160,110 168.97 1308,971-193.11°e LanJscapm7 MM(ncnalc 20011.011 41.12°/, 166.110 413d12 (2247,02)-148.81°', 664.00 S222.47 1158.47) -23,57 Small Tag, and Slmnr Equip 2,004.110 34.65% 214401) 186,70 13,30 6.65'-, 650.)111 6031111 (43,0111-6.6271. Milrace 0.00 0,00% 0,00 05)9 0,00 0110°, 0.00 11,011 11.181 (1.011"9 Insurance 1,200,00 96,12% 0,00 0,00 0,(11) 0,00°6 3,200)0 33)7700 121.00 3.15°, Llcclric 1100)y 9,50000 311574 71111.00 525,03 17497 25.004¼ 3,300.00 3.149,46 150,54 4.560, Reluir 1500.01) 6,67% 125,00 0.011 125.00 100.00°) 508100 145)00 400.011 80,00", Repair/Main) Bldg 1,800.011 0,00 0 150,00 O.16) 150.00 I I91,1901 6181.00 0.0n 601) 9) II1U110Y" Repa4r-18441 l NOT Bldg 3,11011111) 12.45% 250,011 497,12 1747.121 .99,85% 11110.110 973,47 26.53 2.65°a Rep, (,)Main) Equip 1,500,00 0.00% 125,01) 331.54 1206541 •165,23%%, 51074)0 798.2) 1295.311-59,6-4°.° Reim( ©uildin46 6,1100,011 0,110 % 5011.00 0,09 501.00 100,0091 3000.00 0.00 2,100,19) 100,099, l'crsunal Prnlcc(ion Lqu(pn,cn) I _011,01) 0.00 % 100,011 11181 100.00 100.0 )1u 440,00 0.00 400.00 I110,00",. Alirrellancou; 1,2011,01/ 1,87% 101100 0.00 1001)0 100.007 400.00 22,42 377,55 944U°, Tulin Parks 4, Recreation 1 231 320,13 24.87.7. 24,555,64 1106039 13,495.25 54,96 % 84,927,93 57,525.42 27,402,51 32.27 % FI- 0 'fe lcphunc IT -I Iardwarr I1-0,11,"arr IT-Suppnrl Scnices CRNctworkinc )NET (bnlingclrcy 1blcphune 1'10511T Sr Tcicphnnc Grand Tolol ill Espenscs Snlllntni Set Income lVer DF.l'T 4(.0 - c031r AR3 nchl Serrlcr hlcrr,,se 1 morel' lu C113 Pr9Jecia IStreels) DCP r493-0'f11 FINANCING 3,000.011 48,8374 11,1111 U,00 0.011 00013ro 0.00 1,4651)1( (1,465.011)-100.01)", 8,156,00 60.54./, 000 f,35010) (1.3511.00)-100.0111i, 8,156,1111 4,937,83 3,218.17 3946.1 511,000.00 33,70% 4,16500 8,473,50 0,307.50)-103,42°6 16,660,00 19.3500(1 1190010 -114'0 11,110 0.01174 11,00 i}.00 0.00 0.00°, 1100 1UJ0 0.00 0A911, 0,00 0,00°/ 0.00 0.00 0,00 0.18101 0,00 16f01 11.00 0111', 10,1159,00 31,9.5 1,715,09 _'-,065.6€S i333.t,0}-19.23% 6.94,1181 6.651,24 285,76 4.16",. 81,976.110 36.1874' 5-901,1111 11,891.10 {5.991.10)-10E547, 11.756,44 29,904,07 1,851.93 5.87% 3,465,514,32 ?10339".ir 217,699,23 215,414.09 13,614,80) -1.68% 928,233,76 869,508,54 26,969.22 2.91% 0119000e0 1 20,000,00 4511L47 1,11 {I16,21)9.23} (31 273.46) 99,035.77-72.71% (6118,375,76) 1300,493,74) 276,126,112-45,399 20,0110.011 0,11U% 001) 0110 4).74t 0,11,395 200010m3 toi) 211,0081,041 11)500', 1(.0)) 110))! 0110 01)0 0,40) O1)9"" 0.60 0,05) out) 1101)', 0.00 9,110% 1101) 0,011 11,101 11.009a 0,61) 0011 0141 (.100°a 0,1111 0450"! Dun 111n1 0,00 0.110°; 9.01, '11111 HMO 0-atl', 13I8,6\n 1111A1 [Al' ALL 1/E1' 1'6 1 3,485514,32 24.95%1 717,699,23 215,414,09 (3.614.86) -1,66% 948.233.76 869,508,54 46,969,27. 4,95% 1 Nee Incumc urcr Espenaes C 113u1 ... (1101 IJ (I36,209,7 131,273,461. 104,935.77 77,04% (621 175,76) (3011.493.74) 327,832112 52.18°% taetart_9 Oh -MA 2015 01s)51ol1111 leet to Actual Conanalatis-s) For the ending April 30 2616 101-Gem:in' fund Osdail Dspaisment DEPT 410 • 1.,:1),',511.601"T 5/17/200.' Foll Year 1ION1 I I V I'L/ W.11.1ii12 I BUDGET ACTUAL Variance sSi niarinnee Co BUD012 r ACTUAL N'anone).-120 Variance 1541 1010 .,) to dais) A lentil !Holub 51ondi lslonils ' V1 D 1/1'D VTD VT() 1 ID ',mance notci ltEVEN CC Cone',! Ad Valoicin Tases. 1,031,198110 11.11% 0,0 11.0 i U 110 0.0iss 0.01 2,139.-16 2.139.4e ligs,pon„ Fsmi ihmo wn, ciy related es a tax lereit Imre& Delinquent Ad Valorem taxes 15,0041111 4011% 0.00 0,15, 0,011 0)00°4 11.1111 U.00 0,6)) 0,00s Alobile Home Ti,) I:000)110 0.011A, 400 11,1111 0.1n1 irmipfa 1).(10 11110 0.00 0,00", Fiiral Di spari lies 157.508.00 0,01150 11,00 0.151 12.141 1.00,, tuio tisk, 0.011 0.01B4 Pcilalsy s.5). Interest NI Fast), 700411 111111% 0.00 040 0,00 000% 0.00 0101 0.0» 0.0)7s Liquor License 11,000.00 61.52% 11.100 9.0,1 0011 0,0050 5411100 6.30400 11.2110 00, .15.00°,) Wasiebauler License 1„6811.410 0,1111% 0-00 11.00 11.041 0.110% S40.00 0.00 15-10,00) ,1(11/.00. p General Contracior License 11.1111 0.011.4, 0.00 50.0.1 511.0o ialloor low tio.air ',woo 010.415. Healing Con1r0cior License 2,5114110 60.00% 200.00 25000 50,110 25009, 9110,00 1,5011,110 60001) 0.67% Building bet issili 505,10000 46.34'!, 4540000 89563.13 44565.13 9941% 125,00041 /35515.65 110,515,69 $5.4 I% ltelicein Fees lions 79 nee homes )ind I 1 nin+ comiwitiai umts Building Re.inspeei Fon, 0110 01111% 000 11.1/11 000 1110)% 0.151 0,I /0 0.00 0.00% 1 Waling Pciinie, 35,0011.1111 86.06% 2,5011.00 I 4066.00 13.565.00 542.64% 8.5011.41 12.7113,50 24,1113.50 23451% Plumbing Permits 46,8011)191 51,07% 3.400.01) 4,321140 92040 27,11510 12.10400 21,911241 1 1.302.00 97.541', Animal License 2,5110.00 46,4% 411.00 411,00 1100 0.111010 2. 156,00 1.160.0 (1,11211,00) -10.70% 1,1014 02011115 IROW1 25,11011.00 95395i, I 400.00 0.9911.211 7,990.20 799)0214 1.501.06 21.1147.20 22,3-17,20 1.13951150 Burning Pernik 2,75000 50.185/0 0.00 315.00 315.110 10400% 50000 1380.00 )110.011 170.0054 Massage Therapy Licence( 150.011 1.1A/11sh, 1749 11411 '0.00) 110119, 0.00 1011 0.00 0.601), 1515A•Mainierance 101,696110 0110% 0011 0,00 0.00 0,005 0 11,011 0,00 IWO 000% Slate Fire Aid 41,5011,00 0,011% 0.00 041 0.00 0,1111'.,, 0.00 11,1111 0,00 04.1% PERA Aid 2.749,00 0.00% 0 )01 0.00 0110 0.0001, 000 0.10) 000 0.005s Recs0cliiig Grain 15.500.011 0411% 0.00 11101 11.110 001174 0.00 0.00 040 11.0050 Mice Slab: GranitSurvImine lies 5.1164.00 12.93311% 000 0.00 0191 0.00', 51,0)43.10, 64.956.50 11,585.50 27.131, Cable Franchise Res enue 45,01141111 1/110% 0,00 11.101 0.011 0110% 000 0.00 0.00 0,001, Zoning & SubslitiHen lee, 27,5001111 12.365A, 2.0011,1111 1,90041 e4101.011) .20.005 S 440409 9.900.00 4,900.00 122.5014 Plan Cheek Fors 278.129.00 43.95% 23.000.00 46,903.52 23407152 103.951, 76.000.00 136,143.55 00,143.55 79.1454 Reflects lees liem 79 new homes =Id I 1 nov cotutuet :.ial 1.111i15 Solo of Copies, Book, Maps 175.00 32.19% 5.0)) 4.60 (0.40) 4,009, 20,11.) 59,34 36)34 151,7054 Assessment Searches 1,215.011 27,10,./0 45,00 33000 23540 633213% 1311,00 945.110 525.00 657.50% Clean Up Days 2,11110.0(1 00111/, 0,011 0,1)0 0101 11.005 n 1100 0.00 000 0.1105.4 Cable Operation lieiinhui iViiIi111 4,000.00 4011% 0.00 000 0.00 000% 1,000.00 11.1111 11.000,001 • 100.005 0 Fines 45,19111,011 411.5000 4,000011 5.219.84 1.219.301 31/.509n 14,500,0n 15.222.7S 1,722.78 25,67% Aliscellanecits Permits 000 11.005,4 040 475.34 474.34 1 00,00° s 0.00 611.44 611.44 100.0050 Fire Billable Resernin 5110110 000510 000 040 11,011 0400, 0.110 040 000 0.1(11)),, MiserlInneous Revenue 3,5011,32 LI /1% 100,00 11,191 1300.00) sloion% 1,104(10 4 1,33 0453.651 .96.24°, Inures) Barnings 55,0110,00 000% 11.1111 0.00 0.101 0.009,' 12..5114011 0.00 112,5011.011) -10000% Donalions 111111 0114% 010) 1000000 10.000.110 1011.100s 0.00 1050011.110 10.0110.00 111000v, Fowl Ito enue I 3.485314.32 10-.135=6, R1,4011110 t144,140,43 i00,004,0 / ri5.567% 314,05R11111 569,014,90 2•0L1.00.811 77:91001 Oetak„.1 F.S.T1',NSE 11111- Alnyor 6F000dt Fr FICA Coninbutions 51,51i1),(00 Co nuilmi inn( Ikem Compel1.50,6( Nlileage 15115crIlancou. Duo & Subscriptinu, C01161)9'11i0 Tali1111 Ig TI11111 lit) nr & Council 1320 - FT sahri,•, VERA Contrannion. 10,156 Conribini011, FICA Conti Ibui ion. 31oliore Coniiilmtirms licalik'nenill Insurance Uneniplo5mmil Floictirs Workers Conpenmi ion Mince Supplies Forms Lee.] Services Novsle(Mr;Wehsite Services eonuael Service,. Post(4: 5.111cage Lego I Publishing Insurance Cable Opengion lixpen(c Doc5 11006,5 Conferences & [raining Stair Doeloinneill Tool Ailittini5lroliun hill 5'C.11' 1-10:9141 1. ILI 134(1)(31°T 111.111(117 AC11141.. 5%, anc. LS) Val...eV I; %) BUD( ; I:l A( -11.1A1 V5rianeel61 2010 ',, to time Klunth Niontit Alonill Month VTD ruu Yu) 75,690.110 uorvg mon 0,110 aho (1907, 0,00 0,00 0 00 1.592.78 (1.009(1 000 00( 0.110 0,01.1.,, 0.00 0.00 0.00 372.54 11.00% 0.00 0.00 0.110 0.00", 11.00 0.00 11.00 3110.110 11.110% 0,00 0,00 0.00 0410°. 0,00 0.00 0.00 51111.00 0.4(9% 11.00 0.00 0.00 0.00^ 125,00 t Oil 125,00 5,111111.00 0.110% 6,00 3.770.0/ (3,779.611 -1110,00°. 5.149300 7,302,06 d2.302,409 11,51111.00 55.65% 1.1191(00 mi2.58 317.42 31.749. 4.0011.00 6359.32 12,399325 1,0110.011 11.011% 0,00 0.011 0.00 07.J.)7, 250,00 1LII0 250 00 45,955.32 .111,251. 1.1100.00 4,462.19 (3.462,191 .346,1215 9,375,00 13,9111.18 (4,526.385 145,000.00 46.827. 16,730.77 190,82.1,87 43.04.1111 -18,49°, 30,192 30 67.554.41 07,692 01/ 114075.00 41.7.3.1, 1,254311 1.32.4.45 (09.05/ -3.55), 3,704,4.1 -1.337.75 (773.S.11 0410 0,00% 0.011 11,101 0.00 0.00% ((10.1 0.00 0.00 14,990,00 44,82% 1.037.30 1.181.95 (144.651 , I 3.94°5 3.)11.92 4,029 51 (917 510 2,102.511 44.8215 0.42,60 716.t1.7 133t021 -1.3.94% 727.79 94137 1214.551 311,550,00 32.0515 3.525.00 2.170.110 1349,00 38.27°. 10,575.00 9,792.00 783,011 0,00 0.01115 03)0 0.00 0401 0.00°. 0,00 0,00 0,00 1,140.00 5411,4415 11.181 0,00 0,00 0.001, 1,141400 6.252.24 15,1(2.24) 5,800,00 411,1615 475.00 3-1-1.5.5 130.45 27.46'5 1.900,00 2-319.53 (429.33) 0.110 0.01.1% 1/141 0.06 11,00 0.01.14° 0,01.1 771.32 4771.321 09t3700.11i1 170,47% 5.1100,00 .56.393.52 (3),593.521 -1031.87° r 20.000.00 102.250.71 002.280,711 8,000,00 0.60% 0.00 0.00 0,00 0.011% 2,0011.00 44.00 2.1100.00 38,000.00 26.32% 2,500.09 2,3(0140( 11.011 0.007, 10,000,00 10,001.1.00 0.00 0,00 0.0815 1400 0.00 0.00 0M1)7, 0,00 0,00 11.00 2,000.00 51.224 0,05 20060 1200,040 100.00,5. 500.00 1,02.1.40 1524.401 550.1111 0.0015 30 MI 0,00 50.011 100.00% 110,00 0.00 150.00 I 0,0401)0 31.17°4 S00,00 592.911 207.70 25.9.0°., 3.130.00 3.129.77 211.21 28,11011.110 93.29% 03141 11.00 11.00 0,6117. 28,0130.60 26.171.011 1,879.00 4,8110.00 11,1411%., 400.00 .1110.110 I I,AL00 25.007-, 100,00 1.403.06 195,01 6110,(M 22.7390 30.00 11.01) 50.00 1130,00,5 200.00 136,31, 03.04 1,200.00 145.69°/, 1011.00 860.110 1764/001 .760,0015 4101,01/ 1.745.32 11.348_321 0,011 0.0015 0,041 0.00 0.041 0.01P . 0.00 11,00 0,00 3.350.00 1.497', 250.00 0.110 250.0 100,0014 1.330.110 30,00 1,300.00 0,00 0,00% 0.00 0,00 IWO 0,01.1s. 0.00 (1.101 0.110 360,9971)0 117-14% 32,415,47 86,173756 (53,759,0(1) .16.5.)415 138,761,43 242,434-59 (11(3.673.16) ionco 1..1 YID 0.041", 0,00°. 100.015°. .311,04°. .56,148.„ 104400". „is,25,10 0.00% .2q 7,-101% 0,1101%. -72.61". ..1011,00% s-111..10" 1110.00% 0,00% 0,001,0 ..103.S9'‘t 100,0011t, 0.64", 6.710rt 12.1T'e 31.52"0 -3.37,11S% 0,00^, 96.3110, s7-1.713/4 '2(116 ekare nl' anttuttl Pte) made ttt Sept 21/15 plus Nleest Otte, ,tentet1 toctelletttley of SS 70 iiudgt..1 -ant iapated Aprit a Ow 3 pp Inott0r. acttliti diht tO 2014 bet:1g a leap )oar IreInde5 S4614 relokri to 3M liMplion Annual Ms. -once bodgemil in Jan bui not 1611451 unlit 1010 ftb Oetwl NI( IN'1'li YID 1410 - Election, UULIC7F I" ACTUAL Vgna,00 151 1"nnancc /'°I I5511GFT AC LLIAL i'dttiance (5) V'ata,anec {'„) Slunlh Ylouul 5loath 5I„nlh VTU 1'TD i'£L) 1'7L) I'1 Sllanes 12,0101.00 0,110% (I.110 1),0i) 0.00 0.1)11", 0.00 0.0)1 0.00 0.0044 O0) Gupplic', 500.011 11,110% 0.01) ,Intl ,IIrl1 II,IN)°., 0.00 O,OI? 1)10) 11,00°„ Legal Pub lkkilion<M.na0c,16on 51103)0 11.11)1% ;).{)17 11,))0 0141 0,11W., °Jill 1131t) 0.€0 9,11))', Lyuipnlrnl R0)nir 3110.0)1 0.011% ii,(It) 1100 0.00 ti1YWn II.UU OIo 11.1A) 11.002. County Flcclian 11.-e 950.00 12G.32 11,110 0.01i 11110 1601w° '1503)1 I.200,nn 1231100)-21:31a0 l'nn0.d Fmn15 3$0,111i gd104E: 011,1 0,011 0.111 0.013°:, 0.00 0.00 itt)n 0.0o% Miscel In neon' 1,000.00 o.11t1r. 0.00 own 11,110 II55I°° 0.ln1 1,101 0.011 0,I10"n Tutu! Elcetiuns 1 15,A00.1111 T.511 ;:- 0,00 0.00 0,00 11300 950,1111 1,200,110 (2511.091 a6.31 1520 - Finance CI 5910)05 60,6311.46 353/400 6`)50.02 4,02.32 2.347.111 33.63'o 20.9-11I.06 _1,790,75 11511.731-1.01i'° I'T Solanc, 4,551100 44.49% 32 i.0) 617,19 192.191 -17.5h 1,575.00 I,1542,30 I707.20) •In9790 I'LRA Coniribw❑mb 4,88853 36„12% 56'_.88 352.15 175.73 31."°n 1.655.63 1.70393 17.7u, 4.i8'l0 FICA Conlnbuliun.. 4,041,19 .U,SA% 465.31 310.37 154,04 33.3151„ 1,395.93 1,397.2') 1130, '0,I0 Sluilieore Contribution, 945.12 34.57% 10852 72,00 36.22. 332E°5. 330.47 321,77 III 01 .l),09°0 I IealtivDenlal In.,tnanae 10,11811.00 36.00% 1,255 311 S711.40 3d4,95 3467°fi MUG. IS 3,916,011 1151U51 -I IN)°° Ilnnnpinrwenl 11010lih 0.00 0,011/ 0.110 0,00 11,00 0.011 0.00 0.00 00, 0,00°0 WOlielb C'unrpen;ulion 550.00 37„11% I1.011 II,1)1) 0.0 0,00°. 550,09 204I19 345.91 63,A9'1, Office Supplies 1„9101.011 16300, 0.00 115.221 15.22 100.00°) 623.00 163.03 461.97 73.9270 I'nnl.J ['orals 500.00 11,110 % 0.U(1 0.00 0,U0 0181"d 1223.00 11IBI I251)0 1110.00'. Audit Services 20,6511100 41.10% i000.W Q,0') 5,0110.1111 100,0044 23,0101110 11,775.00 1322i.0u 32,9011 CwOracl scnaec, 0,700.0 0,50% 525,011 8.44 516.56 98.39.., 2,323.00 33.76 2,291.24 e11s5"0 Milcnl:e 50,110 0.110 % 0,011 Quo 0.501 0.00%„ I1.11(i 0.00 0d0 11.01S., Miscell:Incous 200,00 35.00 / 1110 0.1.10 0.00 u.00'9 513.110 70.09 I20.00)-40.00"n Dues S. SuhscupUno, 7511.011 9,1111% 0.00 1101 0.110 nor 25 )1,110 0.00 2511.09 11111,1K1°„ Confcreueci S'I lamiry S011,00 0,00% 0.1111 Q))0 0, 10 0.0114I, 0.00 0,00 Q00 0,00°4i '1u15111'111311ft I 12.4,835.30 34. 00/0j 15,422,41 6,013 25 A,539.16 55.37 % 58.617.24 43 285.65 15,331.59 26.1600 t3e18)1 a 19111- Planning & 7.uning Pf Salaries PT Salaries 1'h141 ('ulOri6ut=nn> 61CA Cnnlribuuons 610d¢31c ('nnnibulions Health/Denial lir.:mance (Yorkers 1'nmpcns,ulnn Developer e'srl mr al lcet ruse I ctimel3 011iee Supplica Primed Ruin,' Engineering 5e,ciccs Cnnlmrl tier, Ices o'nge Slileage M,scelhneon. Due, 80 Subscripuun* (Junks Conferences 6 Training Yowl Planning 01 Zoning 1931) - Enginecrin2 Scrrice0 Fnnnrr,ing Services 'I u)al Engineering Services 19411. Clp' Ilnll Cleaning Supplies ❑wilding Repair Suppliew.' lllliilics Itm'use Rcpai,s'O1cu t ('nnlrnewal Uldg Ilepairs/M grin Cnnuauual Equq, Facility EGIir Miscellaneous Total Clly IIu11 l oral General Guvcrnmcni Full Year AIUKTII YID INIf1GCT 131111GI?[ 01`71(M, Valiance (51 0anancc(°61 111414GGT A(`I41011, V riancc (Si Valiance 0,1 2U16 % to dale Manih Mount >hrnth Alomb I YT9I 1'1Tl 071) 137,1198,00 34,39% 15,819,00 13,131,23 2,685.77 16,9550 47,437.00 .17,835.12 (37F.121-11,80'), 4,8(lll,)111 0.00°A, 9.0I IWOI 0,(111 0.110°0 0,011 11,110 0.191 11.ul)'o 111,182 35 34.691/4 1,1 6,43 955.00 201,43 16,9505 3.559.2S 3,587 64 (20.36)-0.50'0 8 5U1108 32.91% 980 74 770 16 210.1 2 21.4 7,0 2.9 )033 ' _,797.71 144,02 4,9205 1,987,92 32,9105 '229.35 100,12 49,26 21,48"0 650,13 654.25 33,85 34,314.00 749105 4,0I ZOu I,550.00 2.167,00 53,9510 12.051,00 8,315.00 3,7226.00 3092°c 8011.0U 51.84% 0.00 IL1,0 O,Ill1 0.00% SOO no 410,71 355.29 45,16`„ OAU-1110.110% 0.011 11.213,171 1,213.17 I10001.0 11.120 I4,J_'8,481 4.329,3S Itno,1Jo"0 1,11110.110 24.62"70 150.00 62,23 57,75 55.50% 600,00 443 24 156,76 26,11°0 750.00 0,011% 0.00 0,00 0,011 0,00% 250,00 (1,00 2511.0u 10400'" 20.1100,00 165105 1,500,00 3.7811.1/0 0.280.011)-85.33'n 64111U110 5,301,16 698,74 11.85'0 60.0110,1111 117,8697 11,00 3,106,01 13,106.001-100,0005 13,04)0.09 10.71670 (1,716.750-11.15"0 200,011 11.1100. 1400 11110 0.00 0.170" 7 50E00 0,00 50,00 100,11100 250,1111 0,00°00 20,181 0.00 20.110 (00A09, 30.00 9.00 80,18, 100.00'0 5)10,19) I!11O% -00,1111 (In11 40.90 1011.00°0 IIi0.l11 (IJ11) 160,00 IMI),0J', 600,101 0.00% 50381 6.00 50.00 100.00% 300.0 11,011 20 010 100.00°) 300,00 0.111105 25,110 0.110 25,00 11111.101', 11111,1111 nno 8!11.05 10)1.0u105 2,01103111 3,0005 11,00 60,01) ((0,001-100.0005 500,011 611.09 4411110 05.00^0 284,682.35 111.74a 24,1)17,59 21,713,59 7.304.00 9,5905 90.437,74 81,807 77 8,630,37 954% 48,000,011 21.02 ra 4,000 )10 3.165,75 531,25 20.7370 16,0110450 112,57113 5,310.77 3393"0 48,111111,011 121029q 4,000,110 3,168,75 831.25 10,7305 16.0110,011 10,57123 5,428,77 33.93% 50,00 0.00% MOO 0,00 0,00 0.0050 25,00 0,511 25,0u 100 0010 301400 0,00% 25,00 0.01 25.00 100.00% 100,00 U90 100,00 106400% 7,5110,00 22,113% 51111.09 276.73 113.27 44,6595 2,750,00 1,715,91 1,034,09 37,60 600,00 56,4705 30,011 112.94 1022.94(-125.8005 200.60 338,82 1)18,82) -69.41o,0 6,000,00 53,39% 300.1(1 326,65 173,35 34.67% 2,000.00 3,253.22 (1,233,221-61,669, 10,800.00 32.4405, 900,00 993.74 (95,741-10.6390 3.600.00 3.503,15 46,02 2,6970 29532,00 33.31 / 2.461.00 2,461.00 0,00 0.00'0 9,4144.00 9,844.00 0.00 11.11(°-0 3181,110 280.429'. 25,00 795,26 1770.26)-3081.0405 I00,012 841.25 1741.251-741255', 55,082.00 3550% 4,461,00 4,968 32 (507.32) -11.37 % 18,619,011 19,476.38 (857.38) -4,611 % 935,352.47 41J2'79 81,316,17 127,3711.66 (46,11.54.19/-56,64% 132,760,41 412.676.60 179,916,191-2-1.019' t'11} variance 11o)00 0,1.+1 Moro Stuns: nnahan coo a rc},rts.i to ttoiential }3RT lino ",tail .1 I)F:I' I' 4211 - 1'1 "111.12 ti,\1R1'1 2111u= Police Le,- Fel 1or:enrcn1 C'nntr Total Pollee 21511) Prosecution Moines' (',,,aural Fetal l'r4yeeilti0i0 1501 1-rn, j 6101111 111-1) 0Uf)GG1 1-1170501 ACT11A1 Variance 14) 1i,rinnc0(',) 11UU(11_1 AC'TL''AI, Variance (51 81,6 iancc re? 20i6 °0 Io,b,c Month Mond! 61anlh 11nmh YTP V113 11I1.7 VT10 527,060.47 0.12% 0.00 0.110 17.1111 Ii,11013 0011 634122 163422) 4(1111)15, 527.06(1,47 (1,1;°e 11.00 0,00 0.1111 11,0075 0.00 634.22 1634.22)-1110,111141, 28.265/. 4500,60 3.5+1145 011$7'). 4,500.00 3,501,45 99S 55' _2_.i9^., 18.3UUJtlI Ii.460.15 2,8)0,81 15.52', 998.55 32,1946 10,300,00 15,460.18 2,839112 15,52% 1220 _ Fire P7'Sahuic, 70,31)11.00 34,63% 0,111,54 5,4115,(3 2,7111.91 33.31°0 24334.62 24.343.41 (0.79) 0,04"e PT 95113r0: 1 10,0011,011 22,52 / 9.166 67 5,910.44 3,256.33 3552"L 36,666.67 24,774,67 1 1.692.0J 12.43"e I'111l4 Contribution, 11,3118.60 35,98 % 1,31,1,07 924,45 359.62 29 6570 3,942.21 4,197.99 1155.75) .3 75"° 1TCA Crnnrihulioo, 1190.33 27.57% 352,50 366,43 43607 57.02P° 1557.50 2.036,67 53.0.93 20„56"e Medicare Cnntlihwisnn 2,747.27 29,5290 310.99 157,11 159.58 50.4470 950,95 0111 S4 14009 14.73% 11ia11h/Uenlal Iuiuniuce 14,046.01) 32.9890 1,713,01 1.098151 625,011 36,49% 5.139.01) 4.396 01) 243,110 4.73°0 Uncmploo0nnl 11c11e0(4 0.00 0.00% 0410 1)00 0.00 0,00"° 0,00 (UM 1190 0.00% Wu' kern ('ominn)aliun 18,50)1.00 69,61% Oslo 0.011 unit ILOU°b 10,500.10) 12.373.61 5,6.21.39 311.39°0 Ullice Supplies 850.00 79.5290 70.00 0.00 711.00 100.00% 230.00 675,91 (395.92)41.11,011, 5.010 Supplies 3,4111)1111 0,000/0 2_80,170 0.00 751)0) 110100% 1.12111)1) 0,00 1,120,11)1 111100°0 Piro Pro Cation 3,000.00 2.07% 25000 62,90 183.00 7520°0 1,000.00 62.00 939.00 93.80 Foci, Oil& Fluids 13,0011,00 13,74% 1.075,115 310.32 764,111 71.097) -130.00 1,756.79 2.513.2.1 53.455,. 0801111 Tep1e k Lquip 12,0110.00 19.22% i,000,00 203.77 796.73 79,67°0 4,000.00 2,305.93 1,694.07 42,357, Ph3sica13 3,904.00 4,71% 3i0.0t1 194,110 166.01) 47.-13% 1,400,01) 184.00 1216.00 66,369( Radio 18,097.51 39.04% 11,00 36.00 136.00)-1110.091 4,52437 7,06576 (2.54139) 456.170e Mileage 500,011 102,11690 40,00 0.00 40,00 100.0000 180.00 510.30 (330,301 -183.597) Insurance 11,307.00 87.76% 0.00 0.00 0,00 0.007, 8,307.00 7,290,00 1,017.00 12.2471 19ectnc11010y 15,500410 33,4890 1.300.00 957.95 3471)3 26,705. 5,400011 5,15950 .711.75 1.91, Rc65,s' 171111,09 74.93% 100,18) 266.35 1166.38)-166.357) 400.00 999.14 1490.4)-12.4.743) I7/09i010111101114 1.5,250,00 203590 1,000.00 2.31 997,69 99,77% 4,000,00 3,134,06 965,94 11,65% Repair/Maim Equip 25,6511.00 32.085') 120000 6,191,60 (3,991.30)-181.4513 3,9041,00 8,229,91 511.On 6.49") 11u10,nus 4,100.00 2.68% 300.00 0.00 300,00 100,00% 1,350.00 109.90 1,240,111 91,8650 611serllnnrous 221011,00 4114)87/, 1511.111) 399,90 (244.901)166,600) 65(4111 501,67 (151.67)-23.335) Wes.", Subsciiplions 3,863.00 611.I9% ,120.00 0,00 320,181 100,005) 1,250,00 2,3229.00 (1,049.1)01 '91.95°% Rents 440.00 0,1107/, 41)301 11.111 411.00 I 00s))5, 141)00 0.00 140,00 1111),007, l pnfelCnee5 S 1 mini nv 17,000.011 43,793 0.00 0300 (LOU 0.00°9 4,0111,00 7.444,46 13.444.4(0 •86.114„ Conti'€enc0<k Yarning (Reunh) (6.0011,0111 0,011% Ill€) '4.1) 0410 0,005) (1,5011,191) 1).00 11500,00) .10111)1, 'rood Fire 377,231,71 32.307. 29.949.77 12,465.49 7,484-18 24,99 % 141,722.35 121,854.88 19,867,17 143)290 2250 - Flre Relief File Slate Aid '1n161 Fire Rc11el 37,321110 0-0i#",o 0.00 0.011 0,170 140090 0,00 0.00 0,00 00075 371223,011 4F38T 1 0,00 0,00 0.00 (1,00% 0,00 0.00 0,90 (1.00 61-01) 2400 • 1411611115 116molon FT .1:141,01., PERI Comilmlions FK'A Contrihtuirm, Nledicme Cumribution. tleal(h/Doilal Insurance Unemplu,,,rnem liendits Yorkers Comptosalion 011ice Swims Pnniml Forms Eiml, Oil & Fluids Engineering Inspcmor Comae( Sermes 111110)1 Insurance Rep010516m Equip Uniforms Mheellancons 0.1es & Sulmeriptions Books Nov Trucl, COnivrcnces ri Total 101140ing 1111ipect6ns hill Year nuDGET 7016 168,171.011 29.211% 17,612.83 23-5590 10,416.60 262.1% 0)438,61 18.23% 20,692,00 :9.31% 04111 140117/. 5,11101,00 :5.10% 1,1011,4131 18.7990 11111.111/ 0.00% 6,500.00 7.06% 14,016160 14.38% 060 11.110% 2011.00 0.00% 900.00 19.78% 1,8011,00 1.99% 850.00 0.00% 775.00 43.59% 7061111 6110% 723.00 69.97% 0,01i ono% .1.225,00 a,99% :60,76391 24.451901 2500 - Emergency Comniunicutions Contract Services 7,4011410 (1,01)90 T0)tt51 Emergency CommunicutIons 7.4110.00 6.11074 27)00 11o1,,iol Cuturol Pooled Forms Colthocl Services Nliscellneoui (IniNond10,141 Totol Animal Control Total I'ubhc Sofety 11,00 11,01090 7,5511,60 32.19°4 4,00 0.0090 7,550.00 32.19% MIDGET 19.4114„15 1,455.33 1,263.07 2,31..01 3,426.00 0.00 0,00 175,011 0.110 500.0.1 1400.00 0,00 0,110 0510 150.00 70.00 55,11u 0660 0.00 0.00 000 17,786.11 060 0.00 0.00 600.011 0.00 600.00 h 10;4111 Vanauet 151 Viinaticr (4,0 0 loath 111,01,10 15101105 6923.72 12.430,61 04.3370 519.25 93605 64.31% 421,42 731.63 64.91'. 98.53 132,31 04.977. 1,113300 3.33300 68.340, 1400 0,00 1.1,00°. 0.00 f1.00 77,23 97,77 55.377, 000 0,00 0,00). 5603 443,97 867990 355431 61560 64.307. 4.586,4 I i 4.386.4 1 , .10(1,00.. 0.00 (.00 0.00-0 OM 0.00 0.111)75 0,00 151)00 100.000) 0.00 70.00 100.0090 0,00 55,011 100.000) 000 6060 1110.01Po 0.00 0.00 0.00% 0,06 0,00 U.000, 0.00 11.0,5 ILK% 14,125,64 13,634.47 49,15°,4 11511)(iFf YT13 53,213,0-1 4,263.9S 3.600.21 8.1-1614 10.278,00 000 2,500.00 701.1.00 175410 2.000.00 4,0111131 0.00 0.110 900.00 60600 2311.00 :20,06 240.00 725,10 0.00 707611 90,3.30,3: Vfll AC RIAL Variance 151 V00,01ce 1"6 YID YTO 40,111.45 0.1111.50 3.322.63 1.143.33 2,943.22 665,99 638.31 I 53.70 S.704,00 1,574.011 060 0.110 1.25969 1,24631 394.511 303.50 000 17560 459.01 1,34099 2,013,75 1.93633 4.536.41 0..536.411 600 0.00 173.011 722,00 35.83 361.17 0 00 280.00 316.00 196.010 9000 130.00 507.25 217,73 041(1 00 290.00 410,00 74,800.07 15,550.75 'V Ili 26.151'. 1343% 15.31°,, OM°, 4364% 10060". 77.65% 4660% 0.00% 8622% 94,03% 100,00% .0).01°, 0.00°. 53.57°. 57,21% 0.00 000 0 00°. 1.3511.00 150 1.85060 I11(11M0". 0.00 0.00 65060 9.00 650.00 0.00 0.00% 1,8541,00 0, 06 1,850.00 11111.0090 0.00 0.00% 1511.010 -S.3 37. 0.00 0.00°. (511.1111) -8.3390 1.277,031,119 406Z04) 62,829.88 40.742.38 22087.30 30.1590 0110 11 00 0.00 0,00", 2,40100 2.430.00 130 00) -1,23.. 0.00 11 00 0,00 0.000. 2,100.00 2,430,00 (30,001 .1.25% 254,622,67 210.179,15_ 39,4,13.32 13.4990 oni 01M:wining 01,...114.11,01,x40 UltAk.; 001.:101 00.1,6 11E1' I- 430 - l'1111,1C11`01716 Eull Year MONTI' 1-1 D BUDGET FILIDUET AC 1DAL Variance (5) Varianee 17(0 BUDGET AC-111A1 Variance IS) Valiance (".1 31011- hiblic Works 2016 °e to date tgonili Nlontl) Month 7, 'mull YID li 1 D VI D 1-1-13 la Salaries 169,779.011 45,97% 10,589,58 17,103.73 2,450 13 12.69% 515709.65 75,041.99 1E7.272,341 -32,79",, l' r Salmies 7,000.00 0.1107/. 0.00 0.00 11,01) 11.0?190 0.00 0,011 0,00 11.00. PER A Coollihtillons 12,733.43 45,97% I .469.24 1,282.77 156,47 17.69% 4,407.72 5,853,20 i 1,445,451 ..:12,79e FICA Col-140,3100ns 10.526.311 4431% 1.21-1,57 1.017.32 197 23 10.24% 3.643.72 4,06408 (1.02.0.361 -7800% Medicare CiiiiinbuitAiis 2,461,80 44.31°4, 294.05 237,03 46.12 16.24% 932,16 1,090.83 1233,071 -2801^. IleallIODental In.oiratice 44,759,110 34.71% 3,164.50 3.1,10,00 1.554.50 30.10% 15.493.30 1533400 140.501 -0.26"e Unemployment Houdin' 0.1111 0.00% 5,011 0.00 0310 0710% 0,09 0.00 0.00 Workera Con poss.-100n 18,0110,1111 66,82% 000 6.ui/ 000 0.1.108, 18,1)411),(111 12,7128,40 5,971,54 13.15'. i )(Tice Supplte., 2,0110,011 20.32"/e 1 0.00 97,80 67.14 40,69% 000.00 400.32 753.67 317.43% 5hop Mato tuts 2,0011,00 81.34% 105.011 43,21 121.79 73.81% 600.00 1.610.59 (960.01 -140.305e Mailing Repair Supplies 5011.01) 124,17% 4'1.011 COO 40310 101101195 100.00 02087 1460571 .258,049, Small 1 ouls and 5huff Equip 1,20113)0 210,98% 100.00 6111.12 001,121 -501-125. 400.0U 2,531,74 (2„131.741-532.94% Fnumeenng Ser, WO 12,000.00 10.67% 1,000.00 525,7.5 171.25 17.13% 4000,00 2,000,00 2.,i,o1).00 mow. c01i64o. semices 1,1100,110 60.01% 0.110 227,65 (227.65) -100.00% 500,00 6(10.05 1100.05) -21,21% Itadio 13110410 11.000/, 11,110 0 00 0E11 0.0()90 225.00 1/381 325.00 110.06^e Mileage 0.00 0.011./e 0.00 0,00 0.00 0.002. 0.00 0,00 0.00 11.(63% Insuninee 163100.00 94,41% 0.00 0.00 1/.011 0 00% (6.000,00 15.1(15,1111 895-00 5.595-e Electric litilily 28,1100.00 35.70% 2.000,00 1.715,43 2134.37 14.235, I 1.500.110 9,934.05 1,505.35 13,09" e Reiner 2,500.011 34,110% 201E11 210,07 1(0.67) -5-53°. 600.07 551701 (50111) -6.230, 110.(01, linide p1I1 , &pig 424100310 15.79% 2,500710 2,129,66 370,34 14.81% 17.500,00 5.799.86 11,710d4 66.92% Repairdgainl 1314 4,11011,011 122.40% 330,110 57.49 277.52 82.388, 1,320.00 4,895.92 (3.575,92) -2713905e Rep65/4lai0 NOT 131.1p 500.00 33,0000 40.00 0,00 43700 107009) 16E00 104.99 (4.991 -.3.129, Rep Equip (in) 2,400.00 51,4,3% 201).011 448,35 (24$,55) -124.28% 8110-00 1.234,36 (434.36) .54.30% Itcpdii/Maini Equip Ion() 5.000.00 0.011% 400011 0.110 4071.00 100.00% 1,60100 0.00 1.000.00 I 0O.00" n Equipmeni Carts 11,0011,00 0.009', 025.011 0,00 623310 100,00% 2.600.00 352.52. 2,247.48 86.449. Doi futun, 3,000,00 46_8800 300.00 781.00 (481,00) -100.33% 1,200,60 1.687,58 o87.50 -0.631,, Miscellaneous 1,0110,00 41,9000 50,00 0.(0) .50,00 100.0000 200,00 418310 1718.00) -109,000) Landscaping ;galena' 500,110 1/.011% 0.00 0.06 0.00 0,007.-e 0.00 11,00 0,06 0,00% Duce & Subscriptions 200.00 49.511% ()Mil 99,00 199.00) -1110.009, 51100 99.00 (49.00) -93,0(1% Conferences & I «dinng. 4,425.011 2.15% 0.00 0.0 0011 0.000e 375.00 9501 280,00 74.07% Personal Proleelion Ektuipmeni 2,400,00 0,00% 200.iiii 0,00 200.00 1011,0ii00 7100./0 0.00 800,00 100.00% CII100 up Uays .5,5110.1111 3.8.5% 0,00 0.09 0.00 03)07A 11.00 211.80 1211,801 -100.01.10, Toral l'uhlir Works I 411,284=51 40.3400' 36,037,24 30,4911,18 5,539.06 15,3700 162,776,75 165.903,13 (3,126.39) -1.92% 3120 , SireCiN Equipinent Pans 3,11011.011 11.1111% 250,00 0210 250.110 1011.01.13, 1,01111.00 11.181 I ,000,18.1 100E0% Sure' Maintenance Materials 20,000.00 4.77% 2.000,00 595,75 1,404.25 70.21°s 5,0071.00 953,47 4,046.53 .50.9.3"e Sad Coating/Ciack Filliiig 210,0110.00 0.110% 0,0 0.00 0.110 0.00"e (1.00 000 1700 0.011.e Mill and Overla).' Progrim 100.0110.00 0,00% 0.00 0400 010 0.000, 0,00 0,00 Ode:. 0.121Ee 3i5' Repair Maio ials 7.500.011 0.00% 200450 2,0514,7 (1,6511.67) .94034% 7010141 2.126.07 11.420.071 .203,511 C0,110,1 9<7070C1 - Gt'llt:611 10,00000 12.9200 0.00 71.00 11.00 11.00% (IA10 1.292.21 11.292.211 -100.1111% Comeau Scrt, ices -170115 5,0011.1111 OM nvp Lucomo (1,110 1,057.05 100.00% 1,00000 11.00 I 361000 100.00% Repairs/NI:lila rquirmni 2„500.00 11,1400 2.10,00 275.51 '65.511 -32,62% 540.09 278.5 I 561.40 06.845. Inttil StrvcIS 41,3,000.00 1.11-1) 3,660.011 2,955,93 7114,07 19,24% 8,5411,011 4,650.86 3,989,14 4 5.54./. Det3i1_7 f'o11 1'cal 3125- ice &Soo,s 1tc'loat-ul filIIx;FT UUU(iLI :II 11, \lon011 l ambeaping \Ia4'rial 750.00 0.0020 (.lei 0401,410411 711,01111.110 6.50'"i" 0,00 C'unlracl Svcs -ices 4,000310 fk,000 0.110 l00I,4 ' la inn Lip 1pmcnl 122,5011.110 0.04",n 1.000.00 'fool Ice S Soo . Rcmae ul I 91,250,00 04.7.><'::, 1.000.011 31611-50rcct Lighting SIIe,'1 L'Ithling 211,400.00 Tnlal Slrrcl Lighting 26,4110.01) 0IU0-111 Al' i'LIAl, Val i,i»cc (01 �'affaa#ceI \luudl 61mn11 Month 9.00 0A0 04111 0,00 0.00 11.101 11Ii0 I.000A0 0,110 1.11011.181 31.45'.OJ 2.211100,1 2.171.55 2,241(00 2.171.15 3200 - Recycling RccysIing Supplies 3.500.00 1E5954 01lseellaneou, 2,4181,00 0,00% Total llccycll og 5,900.00 0.(1117e 3250 -Tree Program Comma Senica 1,0181.110 61.45% 'I'olal Try,. rrogrnn, 1,0110.00 b/,4394 'I. otal ('u411c Works 1 944,334,53 0 (01 0.00 1949541 43,1197,24 0.00 11.011 0,00 2& I5 23.15 11,10 200.00 200.(p I.2S"° 1221% 101L00Pc 100.00 ((((1.0(13, 13UL1G6T 1'TU 250 00 33,000.0(( 5000,00 Ills 4.250.110 41.5110.01) 8.800.00 1.7511 00 Su0 00 2,550101 4.550.73 0,00 IU5.14 4.655.87 8,30_'.g1 8.301,81 1(.00 03111 0,00 YI'U \'a11AII04151 Vanencc 15.1 1"IU YID 250.00 I40.0113a (11.449.27 \7.1103° 2.00,100 0000II',. 4,14•1.g6 07.515" 36,844.13 88.78 . 497.19 497.19 1.750.00 S011,01( 2_,550.00 3.6i°„ 4,6554 9.00 614,511 _ 161.1.5111 .100.0054 0.110 01430 (614 50) •100,0054 124,166.75 184.117.11 Uelalt_0 LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 5-17-16 CONSENT ITEM #: 5 AGENDA ITEM: Mutual Aid Agreement SUBMITTED BY: Mike Bent, Building Official THROUGH: Mike Bent, Building Official REVIEWED BY: Kristina Handt, City Administrator SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the mutual aid agreement with the City of Woodbury, No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT: The City of Lake Elmo has entered into a delegation agreement with the Minnesota Department of Labor and Industry to perform plan review and inspections of state owned facilities, public and charter schools, and state licensed facility projects. The state recommends a system of back-up be in place to inspect delegation projects. This mutual aid agreement will provide the recommended two -deep inspection capability for delegation projects. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the Mutual Aid Agreement with the City of Woodbury for inspections of state delegation projects. MUTUAL AID AGREEMENT This Mutual Aid Agreement ("Agreement") is made and entered into this day of , 2016, by and between the City of Lake Elmo, a Minnesota municipal corporation ("Lake Elmo") and the City of Woodbury, a Minnesota municipal corporation ("Woodbury"). WHEREAS, Lake Elmo employs a full time building official and building inspector for the purpose of performing building plan review and building inspections; and WHEREAS, Woodbury also employs a full time building official and building inspectors for these put -poses; and WHEREAS, Minnesota Statutes Section 471.59 authorizes the joint and cooperative exercise of powers common to contracting parties; and WHEREAS, both parties are desirous of having their respective building officials and building inspectors, equipment and other resources available for the purpose of providing assistance for state delegation projects; NOW, THEREFORE, the parties agree as follows: 1. Definitions 1.1 "Party" means Woodbury or Lake Elmo. 1.2 "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from the other Party. 1.3 "Requesting Party" means a party that requests Assistance from other Party. 1.4 "Responding Official" means the person designated by a Party who is responsible to deteimine whether and to what extent that Party should provide Assistance to a Requesting Party. 1.5 "Responding Party" means a Party that provides Assistance to a Requesting Party. 1.6 "Assistance" means building inspections personnel and equipment for state delegation projects. 2. Procedure 2.1 Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from the other Party, the Requesting Official may call upon the Responding Official of the other Party to furnish Assistance. 1 479751v2 SJS LA515-1 l' 2.2 Response to request. Upon the request for Assistance from a Requesting Party, the Responding Official may authorize and direct his or her party's personnel to provide Assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. 2.3 Recall of Assistance. The Responding Official may at any time recall such Assistance when in his or her best judgment or by an order from the city council of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Workers' compensation. Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue the other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 4. Damage to equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue the other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of the other Party or its officers, employees, or volunteers. 5. Liability 5.1 For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. 5.2 The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. 5.3 Under no circumstances, however, shall a Party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party. 5.4 The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense 479751v2 SJS LA515-1 of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 5.5 Neither party to this Agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to the other Party, or for recalling Assistance, both as described in this Agreement. 6. Charges to the Requesting Party. 6.1 No charges will be levied by a Responding Party to this Agreement for Assistance rendered to a Requesting Party under the terms of this Agreement unless that Assistance continues for a period of more than 48 hours. If Assistance provided under this Agreement continues for more than 48 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any Assistance provided after the initial 48 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the Party providing the Assistance for that amount. 6.2 Such charges are not contingent upon the availability of federal or state government funds. 7. Duration. This Agreement will be in force for a period of five years from the date of written above. Either Party may withdraw from this Agreement upon providing 30 days' written notice to the other Party. 8. Government Data Practices. Both Parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement. 9. GoverningLaw. This Agreement is to be governed by and construed in accordance with the laws of the State of Minnesota. The venue for all legal proceedings arising out of this Agreement, or its breach, shall be in the appropriate state or federal court with competent jurisdiction in Washington County, Minnesota. 10. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. There are no other agreements, either oral or written, between the Parties. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding 3 479751v2 SJS LA515-1 only if evidenced in writing signed by each 'Party's representatives with signatory authority to enter into agreements. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date and year written above. CITY OF WOODBURY By: Its: Mayor By: Its: City Administrator CITY OF LAKE ELMO By: Mike Pearson Its: Mayor By: Kristina Handt Its: City Administrator 4 P 47975Iv2 SJS LA515-I TI CITY OF LAKE ELMO AYOR & COUNCIL CO UNICAT ON DATE: May 17, 2016 CONSENT ITEM #6 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ()RDER OF 13USINESS: Introduction of Item ..... ..... City Administrator Report/Presentation..,.........................„ Administrator Questions from Council to Staff... ...... . ....... .......... ........ ...........Mayor Facilitates Call for Motion Mayor & City Council Discussion ......... ........... ........... ..... ........... ............ .......... Mayor & City Council Action on Mot ion........ ..... ...... ............... ....... ........ .............Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through April 2016 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the C011Selli Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats — 0 Sales collected and viewed — 16 Taxpayer inquiries — 26 Miscellaneous inquiries - 5 Inspections — Residential — 11; Commercial — Building permit reviews — 31 Pictures taken — 10 Other work performed included: • Respond to valuation related phone calls 2016 LBAE Meeting (Open Book) page 1 -- City Council Meeting [Consent Agenda Item #6J May 17, 2016 • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work • Perform sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the April 2016 monthly assessor report. -- page 2 -- T1117. CITY OF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM #: AGENDA ITEM: Building Department Report SUBMITTED BY: Mike Bent, Building Official THROUGH: Mike Bent, Building Official REVIEWED BY: Cathy Bendel, Finance Director 05/17/2016 7 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to acccpt the monthly building department report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT: Below is a snapshot of the year to date statistics through April 2016. Comparison data is also include from prior years for new home single family construction and total permitting activity. Attached are the system summary reports breaking out this information further, including the statistics related to the inspection activity. 2016 2015 2014 New homes 79 20 6 Total valuation $23,251,774 $7,551,994 $3,912,800 Average home value $294,326 $377,599 $652,133 Total Pemnt Valuation YTD $35,128,916 $10,760,747 $5,721,971 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the April 2016 monthly building permit report. ATTACHMENTS: 1, Valuation Report 2. Permits Issued & Fees Report 3. Inspection statistic report for April 2016 Permit Kind CITY OF LAKE ELMO Valuation Report - Summary Issued Date From: 4/1/2016 To: 4/30/2016 Permit Type: All Property Type: All Construction Type: All Include YTD: Yes Permit Count Valuation Dwell Units Permit Type: BUILDING COMMERCIAL SIGN 1 S97,000.00 0 PUBLIC GRADING 1 $2,000,000,00 0 PUBLIC REMODEL 1 $3,823,669,00 0 SINGLE FAMILY ALTERATION 1 $3,200,00 0 SINGLE FAMILY BASEMENT FINISH 2 S64,000.00 0 SINGLE FAMILY DECK 4 S116,000.00 0 SINGLE FAMILY DOOR 1 $6,338,00 0 SINGLE FAMILY NEW CONSTRUCTION 27 $7,810,909.00 0 SINGLE FAMILY POOL 1 $52,000.00 0 SINGLE FAMILY REMODEL 5 $152,500,00 0 SINGLE FAMILY REPLACE/REPAIR I $4,500.00 0 SINGLE FAMILY WINDOWS 3 $17,738,00 0 Permit Type: BUILDING - Total Report Total: Period 43 $14,147,854.00 0 YTD 127 $35,128,916.11 Period 43 $14,147,854.00 0 YTD 127 $35,128,916.11 0 5/12/2016 Page 1 of Permit Kind Permit Type: BUILDING COMMERCIAL DEMOLITION COMMERCIAL FIRE ALARM CITY OF 1 ELMO Permits issued & Fees Report - Summary Issued Date From: 4/1/2016 To: 4/30/2016 Permit Type: All Property Type: All Construction Type: All Include YTD: Yes Status: Not Voided Permit Dwell Valuation Revenue Plan Check State Park SAC SAC Fees Total Fces Count Units Surcharge Fees Units Period 0 YTD 10 Period 0 YTD 1 0 300.00 1.00 1.000.00 1,351.00 100.00 1.00 101.00 COMMERCIAL FIRE SUPPRESSION Period I 0 100.00 1.00 101.00 YTD 1 0 100.00 1.00 101.00 COMMERCIAL IIVAC Period 0 YTD 1 0 90,00 58.50 1.00 149.50 COMMERCIAL NEW CONSTRUCTION Period 0 YTD 1 0 4,830,000.00 19,823.25 12,732,36 1.483.00 5,000.00 11 71,335.00 156,523.61 COMMERCIAL SIGN Period 1 0 97,000.00 972.75 48.50 1,021.25 YTD 1 0 97,000,00 972.75 48.50 1,021.25 COMMERCIAL TENNANT BUILDOUT Period 0 YTD 1 0 48,000.00 623.55 405.31 24.00 1,052.86 COMMERCIAL TENNANT SPACE REMODEL Period 0 YTD 2 0 297,900,00 2,564.50 1,637,68 148.95 4,351.13 MANUFACTURED HOME ROOFING Period 1 0 150.00 1.00 151.00 5/10!2016 Page 1 of 7 Permit Kind Permit Dwell Valuation Revenue Plan Check State Park SAC SAC Fees Total Fees Count Units Surcharge Fees Units l'ertnit Type: BUILDING YTD 1 0 150.00 1.00 151.00 PUBLIC ALTERATION Period 0 YTD 1 0 12,500.00 223.25 145.11 6.25 374.61 PUBLIC GRADING Period 1 0 2,000,000.00 9,258.75 900,00 46,440.00 56,598.75 YTD 1 0 2,000,000.00 9,258,75 900.00 46,440.00 56,598,75 PUBLIC REMODEL Period 1 0 3,823,669.00 15,916.35 10,345,63 1,364,73 27,626.71 YTD 1 0 3,823,669.00 15,916.35 10,345.63 1,364.73 27,626.71 SINGLE FAMILY ALTERATION Period 1 0 3,200.00 97.25 63.21 1.60 162.06 YTD 3 0 81,200.00 1,034.25 672.26 40.60 1,747,11 SINGLE FAMILY ATTACHED NEW CONSTRUCTION Period 0 YTD 18 0 3,215,131.00 28,443.90 16,792,08 1,607.55 45,000.00 18 62,730,00 178,873,53 SINGLE FAMILY BASEMENT FINISH Period 2 0 64,000.00 810.98 527.14 32.00 1,370.12 YTD 5 0 154,000.00 2,146.33 1,395.12 77.00 3,618.45 SINGLE FAMILY DECK Period 4 0 116,000.00 1,481.50 962.97 58.00 2,502,47 YTD 6 0 135,000.00 1,830,00 1,017.08 67.50 2,914.58 SINGLE FAMILY DEMOLITION Period 1 0 200.00 1.00 2,000.00 2,201.00 YTD 1 0 200.00 1.00 2,000,00 2,201,00 SINGLE FAMILY DOOR Period 1 0 6.338.00 139.25 3.17 142.42 YTD 1 0 6.338.00 139.25 3.17 142.42 SINGLE FAMILY MANUFACTURED HOME Period 0 YTD 3 0 600.00 3.00 750.00 1,353.00 5710/2016 Pagc 2 of 7 Permit Kind Permit Dwell Valuation Revenue Plan Check State Park SAC SAC Fees Total Fecs Count Units Surcharge Fees Units Permit Type: BUILDLNG SINGLE FAMILY NEW CONSTRUCTION Period 22 0 7,810,909,00 62,111.80 34,509,72 3,905.46 115,000.00 19 66,215.00 308,741.9S YTD 61 0 20,036,643.11 153,095.45 90,018.94 10,018.33 310,000.00 58 292,130.00 844,912.72 SINGLE FAMILY POOL Period 1 0 52,900.00 657.75 427,54 26.00 500.00 1,611.29 YTD 1 0 52,000,00 657.75 42754 26.00 500.00 1,611.29 SINGLE FAMILY REMODEL Period 5 0 152,500.00 1,690.75 72.31 76.25 1,S39.31 YTD 9 0 202,000.00 2,524,55 424.15 101.00 3,049,70 SINGLE FAMILY REPLACE/REPAIR Period 1 0 4,500.00 111.25 2.25 113.50 YTD 3 0 33,319.00 599.75 16.66 616.41 SINGLE FAMILY ROOFING Period 9 0 1,350.00 9.00 1,359.00 YTD 12 0 1,800.00 12.00 1,812.00 SINGLE FAMILY SIDING Period 3 0 450.00 . 3.00 453.00 YTD 3 0 450.00 3.00 453.00 SINGLE FAMILY TANK REMOVAL Period 1 0 250.00 1.00 251.00 YTD 1 0 250.00 1.00 251.00 SLCLE FAMILY WINDOWS Period 3 0 17,738.00 389.75 8.87 398.62 YTD 12 0 104.216.00 1,992.30 52.10 2,044.40 Permit Type: BUILDING - Totals Period 59 0 14,147,854.00 96,138.13 46,908.52 6,442.83 163,940.00 19 66,215.00 406,644.45 Y'FD 152 0 35,128,916.11 245,885.93 136,071.76 16,010.34 410,690.00 87 336,195.00 1,295,003.03 Permit Type: MECI-LANICAL COMMERCIAL ALTERATION 510/2016 Page 3 of 7 Permit Kind Prniit Type: MECHANICAL Permit Dwell Valuation Revenue Plan Check State Park SAC SAC Fees Total Fees Count Units Surcharge Fees Units Period 1 0 250,00 12.50 262.50 YID [ 0 250.00 12.50 262.50 COMMERCIAL HVAC Period 2 0 8,073,00 2.00 8,075.00 YTD 3 0 8,273,00 3.00 8,276.00 COMMERCIAL NEW CONSTRUCTION Period 0 YTD 1 0 5,000.00 250.00 5,250.00 MANUFACTURED HOME HVAC Period 2 0 120,00 2.00 122.00 YTD 2 0 120,00 2.00 122.00 SINGLE FAMILY BASEMENT FINISH Period 1 0 180.00 1.00 181,00 YTD 1 0 180.00 1,00 181.00 SINGLE FAMILY FIREPLACE Period 0 YID 12 0 728.00 12.00 740.00 SINGLE FAMILY HVAC Period 6 0 479.00 6.00 485.00 YTD 23 0 1,740.00 22.00 1,762„00 SINGLE FAMILY NEW CONSTRUCTION Period 47 0 6,600.00 47,00 6,647,00 YTD 120 0 16,326.00 120.00 [6,446.00 SINGLE FAMILY REPLACE/REPAIR Period 3 0 300.00 3.00 303.00 YTD 3 0 300.00 3.00 303.00 Permit Type: MECHANICAL - Totals Period 62 0 16,002.00 73.50 16,075.50 1,71 166 0 32.917.00 425.50 33,342.50 5110/2016 Page 4 of 7 Permit 'Kind Permit Dwell Valuation Revenue Plan Check State Park SAC SAC Fees Total Fees Count Units Surcharge Fees Units Permit Type: PLUMBING COMMERCIAL FIXTURE INSTALLATION / APPLIANCE Period 0 YTD COMMERCIAL NEW CONSTRUCTION Period 0 YTD 2 0 MANUFACTURED HOME FIXTURE INSTALLATION / APPLIANCE Period 0 YTD 1 0 PUBLIC SEWER CONNECTION 360.00 3.00 363.00 3,680.00 176.00 3,856.00 60,00 1.00 61.00 Period 1 0 N'T D 1 0 SINGLE FAMILY BASEMENT FINISH Period 1 0 180.00 1.00 181.00 YTD 2 0 360.00 2.00 362.00 SINGLE FAMILY FLXTURE INSTALLATION / APPLIANCE Period 2 0 240.00 2.00 242.00 YTD 9 0 1,200.00 9.00 1;209.00 SINGLE FAMILY NEW CONSTRUCTION Period 28 0 3,240,00 28.00 3,268,00 YTD 142 0 16,680.00 142.00 16,822.00 SINGLE FAMILY REMODEL Period 0 YTD 1 0 180.00 1.00 181.00 SINGLE FAMILY REPLACE,/REPAIR Period 3 0 540.00 3.00 543,00 YTD 6 0 720.00 6.00 726.00 SINGLE FAMILY SEWER CONNECTION Period 1 0 60.00 1.00 61.00 YTD 1 0 60.00 1.00 61.00 SINGLE FAMILY WATER CONNECTION 5/10/2016 Page 5 of 7 Permit Kind Permit Type: PLUMBING Permit Dwell Valuation Revenue Plan Check State Park SAC SAC Fees Total Fees Count Units Surcharge Fees Units Period 2 0 120.00 2.00 177.00 YTD 2 0 120.00 2.00 127.00 SINGLE FAMILY WATER HEATER Period 2 0 120.00 2.00 122.00 YTD 2 0 120.00 2.00 127.00 SINGLE FAMILY WATER SOFTNER Period 0 YTD 1 0 60.00 1.00 61.00 Permit Type: -PLUMBING - Totals Permit Type: ZONING COMMERCIAL FENCE COMMERCIAL SIGN SINGLE FAMILY -DRIVEWAY SINGLE FAMILY FENCE F,3ralit Type: ZONING - Totals 5/1 0/20 16 Period 40 0 4,500.00 39.00 4,539.00 YTD 173 0 23.600.00 346.00 23,946.00 Period 1 0 75.00 YTD1 0 75.00 Period 2 0 360,00 YTD 3 0 540.00 Period 3 0 210,00 YTD 3 0 210.00 Period 1 0 75.00 YTD 2 0 150.00 Period 7 0 720,011 VTD 9 0 975.00 75,00 75,00 360.00 540.00 210.00 210.00 75.00 150.00 720.00 975.00 Pw2e 6 of 7 Permit Kind Report Total Permit Dwell Valuation Revenue Plan Check State Park SAC SAC Fees Total Fees Count Units Surcharge Fees Units Period 168 0 S14,147.854.00 117.360.13 46.908.52 6,55533 163.940.00 19 66,215.00 427,978.98 VTD 500 0 S35,128,916.11 303,377.93 136,071.76 16,781.84 410.690.00 87 336,195.00 1,353,266.53 5/10120)6 Page 7 of 7 CITY OF LAKE ELMO Inspection Statistics Report - Detail by Permit Kind Actual Date From: 4/1/2016 To: 4/30/2016 Permit Type: All Property Type: All Construction Type: All Inspection Type Pass Fail No Status Reins') Period Total YTD Total BIILDING/COMIllERCIAL/ALTERATION 0 0 0 0 0 BUILDING/COMMERCIAL/NEW CONSTRUCTION 10 0 0 0 10 30 BUILDING/COMMERCIAL/TENNANT BUILDOUT 0 0 0 0 0 BUILDING/COMMERCIAL/TENNANT SPACE REMODEL 0 0 0 0 0 12 BUILDING/MANUFACTURED HOME/ROOFING 4 0 0 0 4 4 BUILDING/PUBLIC/GRADIA'G 0 0 2 0 2 2 BUILDING/PUBLIC/SOLAR PANEL INSTALL 0 0 0 0 0 2 BUILDING/SIVGLE FAMILY A TIACHED/NER' CONSTRUCTION 58 1 0 1 60 19L BUILDING/SINGLE FAMILY/ACCESSORY BUILDING 0 0 0 0 0 5 BUILDING/SINGLE FA MIL DDITION 0 0 0 0 0 4 BUILDING/SINGLE FAMILY/ALTERATION 4 0 0 0 4 BUILDING/SINGLE FAMILY/BASEMENT FINISH 4 1 0 0 5 49 16 BUILDING/SINGLE FAMILY/DECK 6 0 0 0 6 11 BUILDING/SINGLE FAMILY/DEMOLITION 1 0 0 0 BUILDING/SINGLE FAMILY/illANUFACTURED HOME 0 0 0 0 0 10 BUILDING/SINGLE FAMILY/NEW CONSTRUCTION 241 10 2 11 264 1,112 BUILDING/SINGLE FAMILY/POOL 0 0 0 0 5/12/2016 Pa of3 Inspection Type Pass Fail No Status Reinsp Period Total YTD Total B UILDING/SINGLE Fit MIL Y/REMODEL 21 1 0 2 24 36 BUILDING/SINGLE FA MIL )'/REPLACE/REPAIR 6 0 0 0 6 6 BUILDING/.SINGLE FAMILY/ROOFING 12 0 0 0 12 15 BUILDING/SINGLE FAMILY/SIDING 5 0 0 0 5 5 BUILDING/SINGLE FAMILY/TANK REMOVAL. 2 0 0 0 2 2 BUILDING/SINGLE FAMIL Y/WINDOWS 0 0 0 3 13 ELECTRICAL/COMMERCIAL/AL TERA T ION 0 0 0 0 0 ELECTRICAL/MANUFACTURED HOME/ALTERATION 0 0 0 0 (l ELECTRICAL/SINGLE FAMILY/ALTERATION 1 0 0 0 ELECTRICAL/SINGLE FAMILY/NEW CONSTRUCTION 0 0 0 0 tIECIIANI C.4 L/COMMERCIAL./A L TERA TION 0 0 0 !ECIIA NI C.A IJCO MII ER CIA IJ!I YA C 2 0 0 0 2 MECHANICAL/MANUFACTURED HOME/HI/AC 1 0 0 0 MECHANICAL/SINGLE F AMIL )'/FIREPLACE 0 0 0 0 0 MECHANICAL/SINGLE FAMILY/HVAC 5 1 0 1 7 20 PLUMBING/COMMERCIAL/FI \TURF INA TALLATM. S' PI IAA 0 0 0 1 2 PLUMBING/PUBLIC/SEWER CONNECTION 2 0 0 ll 2 PLUMBING/SINGLE FAMILY/FIXTURE INSTALLATION/ AI'PLI, 1 1 0 PLUMBING/SINGLE FAMIL }/NEIV CONSTRUCTION 0 0 0 0 0 'L L/ 1IBING/SI.NGLE FAMILY/OTHER FIXED 0 0 tl 0 5/12/2016 Inspection Type Pass Fail No Status Reinsp Period Total YTD Total PLUMBING/SINGLE FAMILY/REMODEL 0 0 0 PLUMBING/SINGLE FAMILPREPLACE/REPAIR 1 0 0 0 PLUMBING/SINGLE FAMILY/SEWER CONNECTION 2 0 0 0 2 2 PLUMBING/SINGLE FAMILY/WA TER CONNECTION 2 0 0 0 2 2 PLUMBING/SINGLE FAMILY/11147'ER SOFTNER 0 0 0 0 0 ZONING/COMMERCIAL/FENCE 1 0 0 0 ZONING/COMMERCIAL/SIGN 2 0 0 0 2 ZONING/SINGLE FAMILY/ACCESSORY BUILDING 0 0 0 0 0 ZONING/SINGLE FAMILY/FENCE 1 0 0 0 Report Total 401 15 4 15 435 1,610 5/12/2016 Page 3 61'3 TI-11:: (Tn. or !\KEEL AYOR & COUNCIL CO UNICATION DATE; May 17, 2016 CONSENT ITEM #8 MOTION AGENDA ITEM: Request for approval of an abatement for a street assessment levied in 2016 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Kristina Handt, City Administrator SUG(;EST2ED ORDER OF SINESS: introduction ofltem _________.„._____________ ....... City Administrator Report/Presentation. ...... Administrator Questions from Council to Staff ..... Mayor Facilitates ('all for Motion ...... ...... .... _______ Mayor & City Council Discussion ..... ....... ..... _.„...,„ Mayor & City Council Action on Motion............. ...... ........... ...... ___________ Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda, the City Council is respectfully requested to consider approval to remove parcel 24.029.21.33.0010 from the 2016 assessment roll with Washington County. BACKGROUND INFORMATION/STAFF REPORT,: Residents have the option to either pay the City directly or to pay the County through their tax roll for street assessments. This special assessment was paid to the City prior to assessment to Washington County. Since this payment was made before the street assessments were reported to the County, an abatement form needs to be filed with the County in order to update their file and remove this parcel from the on -going tax roll. -- page 1 -- City Council Meeting (Consent Agenda Item 8] May 17, 2016 RECOMMENDATION: Based on the fact that the assessments has been paid in full and should not have been assessed, it is recommended that the City Council approve Resolution 2014-51 so that an abatement of the assessment can be filed with Washington County. ATTACHMENTS: 1 Washington County Abatement Form 2. Resolution 2016-45 -- page 2 -- WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT - GENERAL FORM CLASSIFICATION / DISASTER CREDIT / SPECIAL ASSESSMENTS Received: Vorksheetti. 0 ll,"11:4'z,arne pleas:: print or type! Jerome Junker Owner's Nanie Ownet's Name Owner`,: MaiIrma AddmsA 11130 20th Street Ct city Lake Elmo Property ID Number 24.029.21.33.0010 Legal Deetiption of Properly Original: Revised: Land EMV Laud EMV APPLICANT s,4: Sec, ft%.1 iD Assessment Year: 2015 Payable Year: 2016 ( ell Sce. See. Fed ID Phone Cell See, See. / Fed ID Phoite Cell Properly ddrcss i t1 chtlerent trim] m.iiling address r State Zip City MN 55042 DESCRIPTION OF PROPERTY Linked Group Number City or Township Lake Elmo ASSESSOR'S ESTIMATED MA Improvement EMV Improvement EMV T VALUE To6) 0 Total 0 Applicant's Statement of Facts: The City of Lake Elmo assessed this parcel for the 2014 street project assessment in error, Proceeds were received by the City of Lake Elmo on 10.29,15 Applicant's Request: Abate the special assessment and interest for Pay 2016 in the amount of $730.50. ($500 priu $230.50 int) Applicant's Signature: Date: Stale School Dishiet 834 Class Class Ztp TAG NOTE: M.S. §609.41, "Whoever, in making any statcnient, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement (as to any material matter whi Note: Must include city/Township Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster Credit Rev 5/17. ORIGINAL Class Val Grp - 1 Val Grp - 2 Val Grp - 3 Val Grp - 4 Val Grp - 5 TOTAL OFFICE USE ONLY Taxes EMVL EMVI EMV TMV Tax Capacity Credits SPASS Total Tat REVISED Class EMVI, Val Grp - I Val Grp - 2 Val Gip - 3 Val Gp - 4 Val Grp-5 TOTAL TOTAL DIFFERENCE LJ Tax is paid as of: Tax NOT paid as or: EMVI After examining the applicant's claims, I have. carefully Investigator's Signature: v EMV TMV REPORT OF INVESTIGATION LNTC TIF FD STATE RMV PWRL CR AG CR HST CR TOTAL LNTC TIF FD STATE RMV PWRL CR AG CR I IST CR TOTAL d this application and find the facts to be as follows: 'Ctrxcs Credits Local Tux Rate: RMV Ralc: CERTIFICATE OF APPROVAL - COUNTY ASSESSOR Note: (under $10 000) For this abatement to be approved, the Assessor and Director of Propenr Records A Taxpayer Services Hurst bo ASSESSOR'S RECOMMENDATION (County Assessor or City Assessor) CRITERIA: Approved C7esi sd DIRECTOR'S RECOMMENDATION Ap nxlved [ Denied t— f .Note: For abatements recultin A ify Denied in^ held (month, dt Assessor's Siuiritu e Director's Signature COUNTY BOARD OF COMMISSION 11VS - f :OF NTY AUDITO ge of $10,000 and above including tax, penalty and interest. Records & Taxpayer Services. and the County Board of Comm Auditor's Signature year) batenent to be um roved. fa vorab _ the County Board of Commissioners took the above ne duly adopted and entered upon the minutes of tts proceedings as a public record. s 2 SPASS Total Tax arorable recommend its adoption. Date: Date: Date: rrenL This action Rev 5/12 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-45 A RESOLUTION RELATED TO 2016 ASSESSMENTS TO WASHINGTON COUNTY BE 1T RESOLVED, by the City Council ofthe City of Lake Elmo, Minnesota, that the 2016 interest certified to PID #24.029.21.33.0010 may be removed from the 2016 assessment roll due per the attached Washington County abatement forrns, APPROVED by the Lake Elmo City Council on this 17th day, of May, 2016. By: ATTEST: Julie Johnson City Clerk Mike Pearson Mayor „./ la ; I DATE: May 17, 2016 CONSENT ITEM #9 AGENDA ITEM: Approve Valley Branch Watershed District Boundary Update SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Julie Johnson, City Clerk REVIEWED BY: Kristina Handt, City Administrator .POLICY RECOMMENDER: City Clerk FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED: As part of its routine review of hydrologic boundaries, the Valley Branch Watershed District is requesting that the City of Lake Elmo concur with its updated legal boundaries. A letter explaining this process and two maps illustrating the proposed changes are included with this memo. RECOMMENDATION: "Motion to adopt Resolution 2016-38 approving the Valley Branch Watershed District Boundary Update.” -- page CITY OF LAKE ELMO WASH NGTON COUNTY, MINNESOTA RESOLUTION NO. 2016 - 38 A RESOLUTION SUPPORTING THE PETITION FROM VALLEY BRANCH WATERSHED DISTRICT TO THE BOARD OF WATER AND SOIL RESOURCES, REQUESTING A BOUNDARY CHANGE FOR THE TRANSFER OF TERRITORY BETWEEN IT AND ITS ADJACENT WATERSHED MANAGEMENT ORGANIZATIONS. WHEREAS, the City of Lake Elmo received map figures showing the proposed changes to the Valley Branch Watershed District, Brown's Creek Watershed District, and South Washington Watershed District ("the Districts") boundaries. WHEREAS, these boundary changes will make the legal boundaries of the Districts better aligned with the hydrologic boundaries that exist between the Districts within the City of Lake Elmo. NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo City Council concurs with the proposed legal boundary changes to the Districts. BY ROLL CALL VOTE OF THE CITY OF LAKE ELMO CITY COUNCIL: THIS RESOLUTION IS ADOPTED / NOT ADOPTED THIS DAY OF , 2016. Attest: Clerk, City of Lake Elmo Mayor, City of Lake Elmo Valley Branch Watershed District 2/111101 6 Ms, Julie Johnson City Clerk City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Ms. Johnson, South Washington Minnesota Statutes Chapters 103B and 103D promote water resource management on a watershed basis, and state that legal boundaries of watershed management organizations should conform as closely as is practicable to hydrologic boundaries. In accordance with the statutes and to ensure equitable funding, the Valley Branch Watershed District (VBWD), Brown's Creek Watershed District (BCWD), and South Washington Watershed District (SWWD) arc updating their common legal boundary to better match the hydrologic boundary. This letter provides information on the process used to better align the legal and hydrologic boundaries and includes a request that the City of Lake Elmo formally concur with the proposed legal boundary change. Background Watershed district legal boundaries must follow property boundaries, but should also match the hydrologic boundaries as closely as possible. In undeveloped or less -developed areas with large individual parcels, this can be difficult because a single property cannot be divided into more than one watershed district. However, as development occurs and properties are split into smaller pieces, the legal boundary can be updated to more closely match the hydrologic boundary. Evaluation Process As a first step in the evaluation process. the VBWD's consultant, Barr Engineering Co. (Barr), used the Minnesota Department of Natural Resource's LiDAR and storm sewer data to help identify the outer hydrologic boundary of the VBWD. LiDAR data was used because it provides much better topographic information than historically available. Barr then sent the results of its evaluation to the BCWD and SWWD for feedback, making adjustments until the three watershed districts reached an agreement on the new hydrologic boundary. Finally, Barr determined which parcels would need to be moved in or out of the VBWD so that the majority of the parcel would be within the boundaries of the proper organization. Attached are two maps of the results for the City of Lake Ehno, Legal Process to Change Boundary A watershed districts legal boundaries can be changed under Minnesota Statutes (MS) 103D.251 or MS 103B.215. VBWD, BCWD, and SWWD will follow MS 103B.215. This requires the VBWD to petition the Minnesota Board of Water and Soil Resources (BWSR) to change the boundary. In addition to the petition, the VBWD must provide BWSR with a written statement of concurrence -from the governing bod of each statutor or howe rule charter city and tow n itul each watershed management organization having jurisdiction 0\ er the territor proposed to be added or transferred.- City or Luke Elmo February 12, 2016 Page 2 VBWD, [WW1) and SWWD respectfully request that the City of Lake Elino send a written Mali:111CM Of concurrence to the VI3WI) at P.O. BON 838, Lake Elnw, MN 55042. Attached is an example of a resolution which may he used to solicit the required approvals from your Council, ff you have questions or concerns, feel free to contact one °Cate following watershed district representatives: Valley, Branch Watershed District Contact: John Hanson, District Engineer 952-832-2622 or iliansonwrbarr,com Brown's Creek Watershed District Contact: Karen Kill, Administrator 651-275-1136 x26 or ktiren.kilkwintmd.ortt; South Washington Watershed District Contact: Matt Moore, Administrator 651-714-3729 or int-noon:it/ ci,woodburv.mn.us Sincerely, John P. Hanson, P.E. District Engineer Valley Branch Watershed District Enclosures (3) c: Karen Kill, 13CWD Matt Moore, SWWD Dan Fabian, BWSR Jim Haertel, BWSR Stephanie Souter, Washington County �~ « m Proposed District Legal Boundary Current District Legal Boundary Revised Hydrologic Boundary Proposed Parcel Change ,.� Proposed Parcel into VBVVD No Change Proposed Parcel out ofV8VVD 2,500 } m p~ Municipal Boundary Parcel Boundary | ,Z � 8fN 1 4 - 7�: ,�, t!, ` dsonM PROPOSED PARCEL CHANGES BETWEEN VALLEY BRANCH WATERSHED DISTRICT AND SURROUNDING DISTRICTS City ofLake Elmo Washington County, Minnesota /.. * x jli� � r576B't'4S67 �3 �xo5 , ' � Q8 Proposed District Legal Boundary Current District Legal Boundary Revised Hydrologic Boundary Proposed Parcel Change � Proposed Parcel intoVBVVD �� No Change Proposed Parcel out ofV8VVO �.� 1, ^'"..°^....',~^."..~f~'~~"^=°n/'*_,*',.'t i F/~""°—'^'+' � r--- Municipal Boundary Parcel Boundary Feet 1.000 O 1,000 4 Figure 2 PROPOSED PARCEL CHANGES BETWEEN VALLEY BRANCH WATERSHED DISTRICT AND SURROUNDING DISTRICTS City ofLake Elmo Washington County, Minnesota TI IF CITY Or K E FLN40 AYOR & COUNCIL CO UNICATION DATE: CONSENT ITEM # AGENDA ITEM: Temporary Liquor License for Lake Elmo Jaycees SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Kristina Handt, City Administrator REVIEWED BY: Kristina Handt, City Administrator May 17, 2016 SUGGESTEDORDER OF BUSINESS: Introduction of Item ..... ....... ..... . ....... C'ity Administrator Report/Presentation _ i\dininistrator Questions from Council to Staff ............. ....... ...... „... Mayor Facilitates Call for Motion ............ Mayor & City Council Discussion.. ..... ...... ........... ........ ........................ ....... Mayor & City Council Action on Motion.... ..... ....... ..... ................ ........... Mayor Facilitates POLICY RECOMMENDER: Lake Elmo Jaycees, Staff SUMMARY AND ACTION REOUESTED: 10 As part of the Consent Agenda, City Council is respectfully requested to consider approval of a temporary on -sale liquor license issued to the Lake Elmo Jaycees for their annual Huff n' Puff Days event held August 11 through 14, 2016, subject to approval of the Director of Alcohol and Gambling Enforcement. In addition, the City Council is requested to waive the $25 liquor license fee and the fee for the Lion's Park ball field lighting. As part of the Consent Agenda, no formal motion is required. if removed from the Consent Agenda, the recommended motion is as follows: "Move to approve a temporary on -sale liquor license issued to the Lake Elmo Jaycees for their 114:f Pnff Days event held August 11 through 14, 2016, subject to approval of the Director of MN Alcohol and Gambling Enforcement Division, and waive both the $25 liquor license fee and the fee for Lion's Park ball field lighting." LEGISLATIVE HISTORY: -- page City Council Meeting [Consent Agenda Item 9] May 17, 2016 Pursuant to Lake Elmo City Code Chapter 111.17 Section (B)(3), temporary on -sale licenses shall be issued only to clubs, charitable, religious, or other non-profit organizations in existence for at least three years and shall authorize the on -sale of intoxicating liquor in connection with a social event sponsored by the licensee and subject to the restrictions imposed by MN Statute 340A. Lake Elmo Jaycees will hold their annual Huff n' Puff Days event August II through 9, 2015 and have requested an on -sale temporary special event liquor license to allow for the safe sale of alcoholic beverages at the event. RECOMMENDATION: If removed from the Consent Agenda, Staff recommends the following motion: "Move to approve a temporary on -sale liquor license issued to the Lake Elmo Jaycees for their Huff n' Puff Days event held August 11 through 14, 2016, subject to approval of the Director of MN Alcohol and Gambling Enforcement Division, and waive both the $25 liquor license fee and the fee for Lion's Park ball field lighting." -- page 2 -- Minnesota Department ofPublic Safety Alcohol and Gambling Enforcement Division 445Minnesota Street, Suite 222,St. Paul, k4N 55101 65l-2Ol'75OUFax 6Sl-297'5ZS9TTY8Sl'282-8SS5 APPLICATION AND PERMIT FOR AlDAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of organization Lake Elmo Jaycees Address P0Box l98 Name ofperson making application Heather Noyes DateWofevent | |Augu5tlR4'2Ol0 Organization officer's name /t I Casey Block- President X |)oninSchwingb'PRVP South St. Paul ' | Add New Officer Location where permit will beused. |fanoutdoor area, describe. Lions Park. Lake Elmo, MN. Wewill have abeer trailer next u/the concessions building, behind counters & blocked offmprevent unauthorized access. Tax exempt number 1072528 Zip Code -55V42 Home phone 612-801-6145 E]ReUgiou, [] Other non-profit Date organized |Ocmber197o City State / �LakcE|mn | w/nnesma Business phone 651438-5504 Type o[organization []Ouh N[ha/itable City Minneapolis Iminnesota, State Zip Minnesota If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. na If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Insurance By Design, LLC, 14041 Burnhaven Drive, Suite #101. Burnsville, MN 55337$ 1,000,000 APPROVAL APPLICATION MUST uE APPROVED ovCITY onCOUNTY BEFORE SUBMITTING noALCOHOL *muoawaLING ewruxuswc^n City/County City Fee Amount Date Fee Paid Date Approved Permit Date City/County E-mail Address Signature City Clerk o,County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form mAlcohol arid Gambling Enforcement Division lodays prior mevent. PLEASE PROVIDE AVALID E-MAIL ADDRESS FOR THE CITY/COUNTY 4S ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITYICOUNTYTO AGE.TEMPORARYAPPLICATION(@STATE.MN.US Page I of AC©R,I�" DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 5/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance By Design, LLC 14041 Burnhaven Drive Suite 100 Burnsville INSURED Minnesota Jaycees, Inc Affiliated Local Chapters 5775 Wayzata Blvd, Suite 700 St. Louis Park MN 55416 MN 55337 NAAME•ACT Julie Quiring INGNN. Ext); (952) 808-7002 I (AC, No) (952) 006-9004 E-MAILE •ulie insurancedesi n.net ADDRess:J 4@ 9 (NSURERISI AFFORDING COVERAGE INSURER A :Scottsdale Insurance Company 1 INSURER B INSURER C I INSURER D I INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER:CL1591502146 REVISION NUMBER: NAIC 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL'SUBR POLICY EFF ' POLICY EXP LIMITS LTRIwo wvn POLICY NUMBER IMM!OD/YYYYI IMMIDD/YYYYI X COMMERCIAL GENERAL LIABILITY A _ CLA)MS•MADE X OCCUR X $2,500 ➢EDUCTIBLE X EXCL ATHLETIC PART GEN'L AGGREGATE LIMIT APPLIES�PER' POLICY P CT I j LOC X OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE DED I RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AM' PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 0 yes, describe under DESCRIPTION OF OPERATIONS below YIN X AC50000232 NIA A LIQUOR LIABILITY ACS0000232 9/22/2015 9/22/2016 9/22/2015 9/22/2016 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (My one person) PERSONAL ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident( BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L, DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 5 EACH OCCURRENCE ANNUAL AGGREGATE 1,000,000 100,000 2,500 1,000,000 2,000,000 2,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS ( LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Provides evidence of insurance for Lake Elmo Jaycees. Holder is listed as additional insured under the general liability policy for Huff n'Puff Days to be held 8/11/16 to 8/14/16. CERTIFICATE HOLDER City of Lake Elm© 3800 Laverne Ave N Lake Elmo, MN 55042 ACORD 25 (2014/01) INS02517m4nu CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Lunn Paulet/JAQ p 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TI IF CITY OF LAKE ELF 0 AYOR & COUNCIL CO UN/CATION DATE: CONSENT ITEM # May 17, 2016 AGENDA ITEM: Inwood Trunk Watermain Improvements — Pay Request No. 1 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Azendal: - Questions from Council to Staff Mayor Facilitates - Public Input, if Appropriate......... ....... .................. Call for Motion ..... ....... ....................„... ........ Discussion................................................................ ....... Action on Motion................... ..... . ............... ......... ....,.. .. POLICY RECOMMENDER: Engineering. ..... .Mayor Facilitates Mayor & City Council Mayor & City Council .... Mayor Facilitates 11 FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 for the Inwood Trunk Watermain Improvements project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Northdale Construction Company, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 1 in the amount of $349,571.01. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is S18,398.47. -- page 1 -- City Council Meeting [Consent Agenda Item 1.1] May 17, 2016 RECOMMENDATION: Staff is recon-unending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 1 for the Inwood Trunk Watennain Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 1 to Northdale Construction Conzpany, Inc. in the amount of $349,571.01 for the Inwood Trunk Watermain Improvements". ATTACHMENT(S): I. Partial Pay Estimate No. 1 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS PROJECT NO. 2014.130 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No. ENGINEERING, inc. PERIOD OF ESTIMATE FROM 3/23/2016 TO 4/30/2016 CONTRACTOR: NORTHDALE CONSTRUCTION COMPANY, INC. 9760 71ST STREET NE ALBERTVILLE, MN 55301 ATTN: PHILIP LESNAR CONTRACT CHANGE ORDER SUMMARY Approval Amount Date TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: RNA L COMPLETION: Additions I Deductions $0.00 $0.00 $0.00 3/23/2016 8/26/2016 9/30/2016 PAY ESTIMATE SUMMARY 1. Original Contract Amount 2. Net Change Order Sum 3. Revised Contract (1+2) 4. "Work Completed 5. *Stored Materials 6, Subtotal (4+5) 7. Retainage* 8. Previous Payments 9, Amount Due (6-7-8) *Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 5/6/2016 DATE CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment‘, estimate has been completed in accordance with the contract By documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA CONTRACTOR BY BY - DATE DATE 191 0 153 FOCUS Engineering, inc. 2 $1,411,737.31 $0.00 $1,411,737.31 $367,969.48 $0.00 $367,969.48 S18,398.47 50.00 $349,571.01 ON SCHEDULE YES NO FOCUS Engineering, inc, PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 1 INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.130 ITEM DESCRIPTION OF PAY ITEM DIVISION 1. GENERAL 1 MOBILIZATION TRAFFIC CONTROL 3 SIL FENCE, MACHINE SLICED 4 CLEAR ANO GRUB TREE 5 DITCH CHECK SUBTOTAL DIVISION 1 F• CUS ENGINEERING, inc. CONTRACT UNIT QUANTIP( UNIT PRICE THIS PERIOD AMOUNT QUANTITY AMOUNT LS 1 564,800.00 564,800 00 1.00 564,800.00 LS 1 522,945.00 $22,945.00 0.25 55,736.25 LP 600 54.13 S2,4713.00 105 $433.65 EA 6 73750.00 54,500 00 0 50.00 EA 10 $104,50 51,045,00 0 50.00 555,768,00 0711,969 931 TOTAL TO DATE QUANTITY AMOUNT 1.00 $64,800.00 0,25 55,736.25 105 5433.85 0 50.00 0 50.00 570,969 90 DIVISION 2 - WATERMAIN 1 CONNECT IC/EXISTING 8' 4VATERMAIN EA 1 $7,483.75 57,483.75 0 50,00 0 50.00 2 CONNECT TO EXISTING 16" WATERMAIN EA 2 $13,187,61 525,375 22 1 513,187 61 1 $13,187.61 3 HYDRANT EA 11 $4,431.40 548,745,40 2 58,862.80 2 $8,862,80 4 HYDRANT EXTENSION LF 6 51,628.80 59,772.80 0 50 00 0 5000 $ 6" GATE VALVE AND BOX EA 10 $2,476.08 524,760,80 2 51,952.16 2 $4,952.16 6 fr tiATE VALVE AND BOX EA 3 52,920.05 58,760.15 0 50.00 0 50.00 7 12" GM6 *VALVE AND BOX EA 2 54,117,60 58,235 20 2 58.235 20 2 58.235,20 8 16' BUTTERRY VALVE ANC BOX EA ig 510,711.98 $203,527.62 3 532,135.94 3 $32,135,94 9 1" CORPORATION STOP WITH FUSIBLE SADDLE EA 3 $709 63 $2,128.139 2 51,419.26 2 51,419.26 10 1" CURB STOP ANO CURB BOX EA 3 5775.20 $7,32.5,60 5 5775,20 a 5775.20 11 1' COPPER WATER SERVICE PIPE LF 000 $50.97 55,097.00 20 51,019.40 20 $1,019 40 12 6" DUCTILE IRON WATERMAIN PIPE, CLASS 52 15 75 563.67 $4,790.25 43 52,714 48 43 S2,714.48 13 8' DUCTILE IRON WATERMAIN PIPE, CLASS 52 LF 96 $70.32 $6,750.22 0 SO 00 0 50,00 14 12" DUCTILE IRON WATERMAIN PIPE, CLASS 52 LE 28 5108.70 53,043.60 25 52,690.33 25 52,690.33 15 16" DUCTILE IRON WATERMAIN PIPE, CLASS 52 LE 25 5126.98 53.174.50 30 $3,809 0 30 $3,809.40 16 16' HOPE DIPS DR11 WATERMAIN, D1REC110NAL DRILL LF 11,015 574.75 5823,371.25 2,466 $184,333 50 2,466 $184,333.50 17 DUCTILE IRON FITTINGS La 5,810 $10,74 562,399.40 1,674 517,978.76 1,674 517,978.76 18 HORIZONTAL DIRECTIONAL DRILLING BORE PITS LS i 549.462.20 $49,462.20 0 $12,365,55 0 $12,365.55 19 WATER SERVICE CONNECTION PITS LS 1 57,000.00 57,00100 0 $2,310.00 0 52,310,00 20 TRIVIEW 1E51 STATION MARKER CA 18 5156.02 _ $2,808.36 0 $0.00 0 5000 SUBTOTAL , DIVISION 2 51,310,C12 71 $296,789.58 5296,769.58 DiVISION 3, STORM SEWER 1 SALVAGE CONCRETE PIPE CULVERT LF 60 515.00 5900.00 14 5210.00 14 5210,00 2 INSTALL SALVAGED PIK CULVERT LE 60 $31.11 51,366 60 0 $0.00 0 $0,00 SUBTOTAL . DIVISION 3 52,766,60 5210.00 5210 00 DIVISION 4 - STREET CONSTRUCTION 1 SA1VA0E AND REINSTALL MAILBOX EA 2 $165.00 5330 00 0 50.00 0 S0.00 2 SALVAGE AND REINSTALL SIGN CA 13 $ 220.00 52,860,00 0 5000 0 $0.00 SUBTOTAL -DIVISION 4 53,190 00 50.00 5000 TOTALS 51,411,737 31 5367,969.48 5367.969 .18 TI LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: CONSENT ITEM # AGENDA ITEM: Inwood Water Tower (No. 4) — Pay Request No, 1 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director May 17, 2016 SUGGESTED ORDER OF BUSINESS if removed from the Consent Azenda): 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. 12 FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 for the Inwood Water Tower (No. 4) project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: CB&[, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. I in the amount of $45,505.00. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $2,395.00. City Council Meeting [Consent Agenda Item 12] May 17, 2016 RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. I for the Inwood Water Tower (No. 4) project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 1 to CB&I, Inc. in the amount of $45,505 for the Inwood Water Tower (No. 4) Project". ATTACHMENT(S): Partial Pay Estimate No. -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. INWOOD WATER TOWER NO. 4 PROJECT NO. 2015.130 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER CONTRACT CHANGE ORDER SUMMARY No. TOTALS S ENGINEERING, inc. PERIOD OF ESTIMATE FROM 4/1/2016 CONTRACTOR: CB&I Inc. 14109 S. ROUTE 59 PLAINFIELD, IL 60544 ATTN: MICHAEL ALLISON Approval Amount Date Additions Deductions NET CHANGE : START DATE: ; SUBSTANTIAL COMPLETION: FINAL COMPLETION: PAY ESTIMATE 1. Original Contract Amount 2. Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed 5. 'Stored Materials 6, Subtotal (4+5) 7. Retainage* 5.0% 8. Previous Payments $0.00 $0.00 9. Amount Due (6-7-8) $0 00 $pa,4 'Detailed Breakdown Attached CONTRACT TIME 4/7/2016 9/28/2017 11/2/2017 ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments received from the owner, arid that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA Y DATE 'n7707Enatneerinc, tnc, SEH, //:2 ENGINEER 4/30/2016 DATE 574 0 551 CONTRACTOR DATE BY DATE TO 4/30/2016 SUMMARY $2,395,000.00 $0.00 $2,395,000.00 $47,900.00 $0.00 $47,900.00 $2,395.00 $0.00 $45,505.00 ON SCHEDULE YES NO PROJECT PAVNIENT FORN, PARTIAL PAY ESTIMAT NO. 1 INWOOD WATER TOWER NO. 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.130 REM 0 E scn IPTION OF PAY ITEM UNIT 1 QUANTITY WERT PDICE AMOUNT QUANTITY AMOUN'. QUANTITY AMOUNT DIVISION 1- SITE & UTILITY WORK 1 mcwo LA I ION IS 2 $,-;::,,tvo.aa SI 64000,273 0 00 $0.0,) 0 .Y.,0 50.00 ROLE CONS1,06.21EON EN INANLE EA 1 02,222 00 6E222200 DOD 50,30 DOD iu 00 50AFF3C.C1230 DUE LS 1 $22266 02 S 2 ,06 6 CO 0 DU 00 0 00.20 4 Su0(0.206EXCANDIluri CY 120 61.9 20 51,260,00 0 60.00 0 1,0.20 5 DEOTEXTILE FAUN/ PPE V SY 200 $6 D0 61,2213.110 0 50.00 0 Su .X1 6 12112241C107SOR 0,..00,,,W 00 WO 570 DO 53,000E0 D 20.30 0 $0.20 7 6612111. 000 Pa U.41.4 DE,101C72 CY 120 $1600 52,420.00 0 50.00 0 90 00 S /00REGATE BASF, C ASS 6 TON 1,250 622.00 627,2202,121 0 $11.00 0 So TX) 9 662 022,270au Cu 2002: Nyx 6277,12.0.10 TON 65 599.00 $6,43607 0 11100 0 00.00 10 6,2 Nu 002620 it4114,40,11t 14,.8, ONUI-1400, TON 05 509.00 56.415,00 0 140 0 5000 11 TAO( EOM G131 35 5 1.123 0250 0 5000 0 i0 00 12 211 CONE:DEM DOREN SF 350 525.00 52.151.00 0 $.4 uo 0 50.0.0 11 41 6721101L1E WALK SE 1E0 $40.20 62,00000 0 1100 0 10 v.+ 14 CO:gtit,CT 10 Ex),M,K1 WAt EiimAtE4 EA 1 67,301.50 62.203.00 0 0,02 0 10.00 16 6' DIP WATER MAIN PdET,C1 52 If 10 1413530 ST 160E0 0 $0.06 0 SOW 16 1.61 SDP 2,24116 61,701 PIPE, EL 52 LE 120 51.10,661 516,6101.00 0 2.0.00 a 5EE02 12 6' GATE VALVE 26 BOX EA 1 $1,96040 $1,67000 0 SLEW 0 50.00 la HYORANT EA 1 64,216 &DO $4,864,00 0 50.00 0 SC.00 IS OfP Mlim.,5 LS 700 $2,60 61,220.272 0 SOW 0 SD 00 20 POLYCTHOENE ENCE01744)4T LE 140 62 00 62110.00 0 1.0.20 0 5000 21 4' X 4' CATER EAS;N w2111 GREY; 62 0 EA 2 62,610 00 S7,6111E10 0 60.00 0 3093 27 1.61 CLEAR 7001 CY 16 526.20 11,712212) 0 $0.00 0 60400 23 GEOTEXTRE16672..- TYPE 2 SY 30 56.00 61212.10) 0 $0 20 0 SO OD /4 1E1 REP SIERRA SCOOT ID PR, EL V LE 90 568.00 SD, 12026) 0 6000 0 SO 20 ES ir APALL.4 WITRASH GUARD EA 1 51,I11,co 51,031.00 0 5000 0 50 00 26 NAND PLACED 01P 4ht, CL III CY 10 $92.350 0=.0 00 0 5000 0 50.00 27 00510005ut iltURIC (YeE w SY 37 1340 2111.261 0 90 ti) 0 50 00 20 PREA5St0102F0 SItY Lt,iC£ LE SCE) $7 /5 61,126210 0 SO co 0 Saw 29 STRAw aRREEit. LE 13010 SEM 57000.00 0 10,11) 0 1400 30 TEM ruNARY 66.60.00 (EON 2 E011 WI th TYRE 2 EAULEH1 AC is 54,1020CO $6,000.00 0 50,101 0 90.00 31 Sf teING imiX 25-131V/1T,, ft RilLI.:Lii& SI Vitth‘1111,00 AC Ls 5.1.500 00 55,75000 0 SU u.. 0 60.00 50050261-162160217 1 11.37,414161 10.00 2020 ENGINEERING, inc. EON 0L,sor rhos TOTAL TO Dqie 0,1, t!,,ft,g4 2 - Et FVA tE0 STORAGE TANK INUJRANCF, 0540422015 LS 1 547,90 00 $47,400 00 1 501,ti5)2,00 1 547,40000 1 0.01INE441664 & APNICAM1 LS 1 S239,5E000 5030,5197151 0 $0,0 0 10.30 i rAtu MATERIALS LS L 9 41b,1.00 DO $410,10023 0 5000 0 :50,00 4 TANK 1.2,mili k:Atiel,1 & 51-1P LS 1 S2S7,700 00 5287, N000 0 5u116 tt S000 5 i'uuutmItimi cuziRuctICN IS 1 541.1,400 0:.,' 301,400 00 0 'W.00 0 60.00 6 CONCRETE SHAFT 121216 iDUCIDEN LS I 5272,100ao 5372,100745 0 SO.00 0 $0 00 7 TAN4 ERECTk0N MN 4iii:i.P0.1) LS 6 1214,100,00 S214,400 00 0 5000 0 $.0.00 6 i AUK PAR, r (ON :2602E20 Li 1 5242,20140 5102,4131.00 0 50 00 0 34,5)4 9 1101:7 TANN LS 1 041,450 o„) $49,4121.00 0 42Qv 0 50003 10 TAW, PAINT ON AIN L5 1 5,4„40000 514,5)2300 0 50441 0 21100 11 S I iiikia AnD TEST LS 1 5976,00 10000 0 50 00 0 50.00 12 ELFERNICAT LS 1 686,62.62.00 $69,660.00 0 SO DO 0 60,00 1.1 WATER r.4.1,,t aka nut. PAtlii AtX, ATLI LS 1 515,100,00 $1.5,500 00 41 50.00 0 .i0.00 SURTO EAL • UtvisION 2 52,/57.5/6CD $47,206.60 S47200.00 TOTALS 52,396,010 Du S47,93000 $47,940co Ti IN an, ur [AKE ELMO AYOR & COUNCIL_ CO UNICATION DATE: CONSENT ITEM # AGENDA ITEM: Inwood Water Tower (No. 4) — Pay Request No. 1 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director May 17, 2016 Sl.)G(;11;t7i).:E1) ORDER OF 131_1!.i1N14:SS ifrernoved firm the Consent Auent(a): Questions from Council to Staff........... ....... Mayor Facilitates Public Input, if Facilitates Call for Motion ......... ....... Mayor & City Council Discussion ........ Mayor & City Council Action on Motion..., ..... .................. ..... ....... Mayor 'Facilitates POLICY RECOMMENDER: Engineering. 12 FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 for the Inwood Water Tower (No. 4) project. LEGISLATIVE H1STORY/BACKGROUND INFORMATION: CB&I, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. I in the amount of S45,505,00. The request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents, the City has retained 5% of the total work completed. The amount retained is $2,395.00. -- page 1 -- City Council Meeting [Consent Agenda Item 12) May 17, 2016 RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 1 for the Inwood Water Tower (No. 4) project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 1 to CB&I, Inc. in the amount of $45,505 fior the Inwood Water Tower (No. 4) Project". ATTACH MENT(S): . Partial Pay Estimate No. 1 pag,e 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 1 INWOOD WATER TOWER NO. 4 PROJECT NO. 2015.130 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No. c S ENGINEERING, inc. PERIOD OF ESTIMATE FROM 4/1/2016 CONTRACTOR: CB&I Inc. 14109 S. ROUTE 59 PLAINFIELD, IL 60544 ATTN: MICHAEL ALLISON TO 4/30/2016 CONTRACT CHANGE ORDER SUMMARY 1 PAY ESTIMATE SUMMARY Approval Date Amount 1. Original Contract Amount $2,395,000.00 Additions I Deductions 2. Net Change Order Sum $0.00, 3. Revised Contract (1+2) $2,395,000.00 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 5.0% 8. Previous Payments TOTALS $0.00 I $0.00 9. Amount Due (6-7-8) NET CHANGE $0.00 1,,0;‘,„:, *Detailed Breakdown Attached CONTRACT TIME START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: 4/7/2016 9/28/2017 11/2/2017 ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment SEH, Inc. 574 0 551 ENGINEER 4/30/2016 DATE CONTRACTOR estimate has been completed in accordance with the contract 6y-- documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE ti S Enaineer mc. DATE BY DATE ON SCHEDULE YES NO $47,900.00 $0.00 $47,900. .00 $2,395.00 $0,00 - $45,505.00 PARTIAL PAY ESTIMATE NO. 1 INW000 WATER TOWER NO. 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.130 ITEM DESCRIPTION OF PAY ITEM F•CUS ENGINEERING, inc. CONTRA THIS PERIOD UNIT QUANTITY LINIT PRICE AMOUNT TOTAL TO DATE QUANTITY AMOUNT QUANTITY AMOUNT OIVISION 1 - SITE & UTILITY WORN 100BAIZ40I020 10 1 516,003 00 516,0002.0 000 50,00 BOCK CONSTRUCTION ENTRANCE EA 1 53,822 00 53,82200 000 5000 31ftA600CON21102 LS 1 52,06E1.00 52,0,400 0 50.00 4 SUOGRADE EXCAVATION CY 120 51000 51,010700 0 50.00 5 GEOTEXTILE FABRIC TYPE V SY 000 56 00 51,20000 0 50.00 6 ORGANIC TOPSOR BURROW cy 100 530 co 33,00000 0 Saco / SELECT GRANUIAR BORROW CY 150 $16 GO 52,40000 0 50.00 6 AGGREGATE RASE, CLASS 6 TON 1,250 52210) 627,5092,043 0 50.00 9 BIT WEARING COURSE MIX WEA2403) ION 65 599.00 56.435 co 0 SO co 10 VT NON -WEARING COURSE MIX W4E00408; TON 65 59900 56,435 DO 0 50 00 11 TACK COAL' GAL 35 51000 $ 3 SONO 0 50.00 12 ir CONCRETE APRON SF 310 525,00 58.750.00 0 Su do 11 4. CONCRETE WALK 5F 100 521002 52,0W Oa 0 50 00 14 CONNECT TO EXISTING WATERMAN EA 1 52, i00.00 52.2 utLuo 0 MOO IS 6' DIP WATER MAIN PIPE, CL. 52 ET 10 51.10.00 $1,100320 0 50010 16 16^ 01E2 WATER MAIN PIPE, CL SZ IF 120 5130.00 516,000.00 0 504.10 17 64 GATE VALVE & BOX EA 1 51,080.00 51,9710.00 0 50,00 1B NYDRANT EA 1 54,801.00 54,064,00 0 50.00 19 DIP E420NG5 LH 700 $2.50 51,750.00 0 50.00 70 POLYETHYLENE ENCASEMENT 10 140 52 00 6030.00 0 50.02 21 4' X 0 CATCH BASIN Willi GRATING EA 1 $2,610 IX $2,618.03 0 $0.00 22 1.5" CtFAR T004 CY 16 5 75.00 51,216,W 0 50.00 23 GEOTERTILE FARAIC TYPE1 SY 30 56,03 5294700 0 $0,00 24 18. RCP STORNI SEWER PIPE, Ci. V tE 90 564.00 $6,120.00 0 50.03 25 18' APRON WTERASI4 GUARD EA 1 51,700 00 51,200.00 0 50.00 76 HAND PLACED RIP RAP, CL lit CY 10 59100 S920.00 0 $0.00 31 020121) REIF 1 SA0200 tYPEW SY 37 53.00 5111.26 a 5000 28 PREASSELAKED SILT FENCE LE SOO 52 26 51,125.00 0 50.00 29 STRAW YOR01.1 LE 1,0013 52 00 52,00000 0 $0.00 30 TEMPORARY SEEDING WM 22.111 WITI4 TYPE I A212100 AC 1,5 54,000 00 5633.61.021 0 50,00 31 SEEOING 121108 25.131%0TH FERTILIZER & NY0R050U1C141 AC 10 54,500 DO 55,250 00 0 50.00 SUBTOTAL .01V11I0N 1 5111,474.00 SO E11 DIVISION 7 EL EVATED STORAGE LANK INSURANCE AND RON05 2 EtionEraifis; 4 APPROVAL TAME MATERIALS 4 TANK PARRICATIDN & SLOP FOUNDATION CONSTRUCTION 6 CONCRETE SNARE CONSZBUCTION TANK ERECTION RON 0000005 8 TANK P402T ION GROUND) 9 HOIST TANK SO TANK PAINT AIR) 11 STERILIZE AND TEST 12 ELECTRICAL 13 WATER TOWER CONTROL PANEL AND RTU 50800101.1000010242 TOTALS COO 50.00 0081 $0.00 O 50 CO O SO 00 • $3 00 O $0,00 O 50.00 • 50 CO O 50.00 a SO 00 O 3000 O 52,002 O So o0 O S0.00 O 50.00 • Sa.co • 50.00 O 5000 3 5000 O SO op 20000 a so DO O 5200 O $0 ZO O 2026 a Saw O So 00 O 50 03 O 50 CO O 50 00 O 50.00 50.00 10 2 547,900 00 547,900 Oa 1 $47,500,00 1 632,900.00 LS 1 2239,9210.00 5239,500 00 0 50.00 a 50,00 LS 1 5316,10000 5316,200.00 3 $0.00 0 SO 00 LS I 6297,70000 5257,030.W 0 $0.00 0 50 a) LS I 5113,400 00 2413,40000 0 SLEW 0 50320 LS 1 5322,100 00 33E2,200 03.1 0 52300 0 50.90 ES I 6214,9w.00 5211,00a 00 0 50 00 0 20,00 LS 1 2142,300 GO 74141,360.00 0 50,00 0 50,00 ES I 543,450 00 243,450.00 0 50,00 0 50.00 LS 1 573,70000 574,20000 0 40 tw 0 50.00 ES 1 5979,00 5976 CO 0 50 ,.A3 0 SO 00 15 1 5119,10000 559,500,00 0 SO no 0 30.00 is 1 515,500.00 S is,sda co 0 Sumo 0 50.00 27.257,526 30 547,410.01.1 $ 47,902.00 $7,395,000,00 547,900.00 547,900 CC I 111'. (:111 LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: CONSENT ITEM # May 17, 2016 13 AGENDA ITEM: Eagle Point Boulevard Street and Utility Improvements Change Order No. 3 SUBMITTED BY: Ryan Sternpski, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Cathy Bendel, Finance Director Jack Griffin, City Engineer SUGGESTED ORDER OF BUSINESS if renzo)'ed from the Consent Aeertda): Questions from Council to Staff .... . ....... ..... ........... Mayor Facilitates Public Input, if Appropriate........................................Mayor Facilitates Call for Motion ......... ............... .......... ..... ....„.... Mayor & City Council Discussion.. ..... ..... ..... ............. ............. Mayor & City Council Action on Motion .......... ............. . ....... ....... ...... ................. ....... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. This change order only impacts the Contract Final Completion Date for the project. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Change Order No. 3 for the Eagle Point Boulevard Street & Utility Improvements. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order extends the contract times for final completion by 107 days from June 15, 2016 to September 30, 2016. The time extension for final completion is being requested by the City to minimize scarring and damage to the new pavement from construction work on adjacent property. More specifically, this time extension allows the placement of the final wear course or bituminous until after substantial construction activity on the 1SD 916 Pankalo School has been -- page 1 -- City Council Meeting[Consent Agenda hem 13] May 17, 2016 completed this summer. The Contractor has agreed to defer the placement of the final wear course without requesting additional payment. With approval of Change Order No. 3, the revised Final Completion date will be September 30, 2016. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, Change Order No. 3 for the Eagle Point Boulevard Street & Utility Improvements, thereby extending the Contract Times for Final Completion until September 30, 2016. If removed from the consent agenda, the recommended motion for the action is as follows: "no 1.,e to approve Change Order No. 3 for the Eagle Point Boulevard Street & Utility Improvements Project". ATTACHMENT(11: . Change Order No. 3. -- page 2 -- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA EAGLE POINT BLVD STREET & UTILITY IMPROVEMENTS PROJECT NO. 2015.120 CHANGE ORDER NO. F 3 DATE: May 2, 2016 TO: MILLER EXCAVATING, INC, , 3636 STAGECOACH TRAIL N, STILLWATER, MN 55082 ENGINEERING, inc. This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are modified as follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION / JUSTIFICATION: This change order extends the contract time for Final Completion by 107 days from June 15, 2016 to September 30, 2016. The time extension is being requested by the City to mimize surface damage to the new pavement from construction activities on the adjacent ISD 196 Pankalo School site. Furthermore it is recommended to pave the final lift of asphalt after both concrete driveway entrances have been completed by the school for their project. This sequence of events would minimize the need to cut into the new street to match the driveways to the street edge. Ultimately, the City will receive a better street finish at no additional cost by delaying the placement of the final street layer to September 30, 2016. Attachments (list documents supporting change): ITEM DESCRIPTION OF PAY ITEM Amount of Original Contract Sum of Additions/Deductions approved to date Contract Amount to date Amount of this Change Order (ADD) (DEDUCT) (NO CHANGE) Revised Contract Amount UNIT QTY UNITE PRICE INCREASE/(DECREASE) NET CONTRACT CHANGE $0.00 The Contract Period for Final Completion will be {UNCHANGED) (INCREASED) {DECREASED) APPROVED BY ENGINEER: FOCUS Engineering, inc. ENGINEER DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE APPROVED BY CONTRACTOR BY DATE BY DATE 1,249,494.09 (28,500.00) 1,220,994.09 0.00 1,220,994.09 107 days FOCUS Engineering, inc. CHANGE ORDER FORM CAT) OF LAKE ED/ 0 AYOR & COUNCIL CO UNICATION DATE: CONSENT ITEM # May 17, 2016 AGENDA ITEM: 2016 Seal Coat Project — West Lakeland Township Joint Services Agreement SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works 14 SUGGESTED ORDER OF BUSINESS (tf removed from the Consent Agenda): Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate................... ...... ......... .Mayor Facilitates Call for Motion ................................................ ........ ....... Mayor & City Council Discussion.................................... ..... ................ .......... Mayor & City Council Action on Motion... ....... ........ . ............. ..... Mayor Facilitates POLICY RECOMMENDER: Engineering and Public Works. FISCAL IMPACT: Cost savings of $3,000 in engineering and administration services. Seal coat unit price reduction also anticipated based on economy of scale at the time of construction. Through a joint project effort, the City of Lake Elmo, West Lakeland Township and, at times, Baytown Township, have been realizing project cost savings through an economy of scale and sharing in project expenses for preparation of plans and specifications, bidding, and construction administration. In addition, staff believes that by combining the project work for multiple communities, we can continue to promote a more favorable bidding environment that may result in lower overall construction costs. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Services Agreement for the 2016 Seal Coat Project. e est Lakeland Township Joint -- page City Council Meeting [Consent Agenda Item 14.1 May 17, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Since 2012, Lake Elmo and West Lakeland Township have successfully contracted jointly for the annual street seal coat projects to share and reduce overall project costs. Staff has reviewed and updated the Joint Services Agreement with West Lakeland Township in preparation of the 2016 Seal Coat Project. Staff is recommending that the city continue to work jointly with West Lakeland Township to perform seal coating for routine maintenance of city and township streets. The agreement identifies the terms and conditions upon which the City of Lake Elmo prepares and administers a contract for the 2016 Seal Coat Project to be completed on streets within both the city and township. Each jurisdiction pays its portion of the construction costs and shares in the engineering design, bidding and construction administration costs. The construction observation services would be contracted directly by each jurisdiction. The City of Lake Elmo is defined as the lead entity and prepares the plans and specifications with input from the township. The city bids the project and enters into a contract with the selected contractor for all the work. West Lakeland will pay a fee to the city in the amount of $3,000 to reimburse the city for the design, bidding and construction administration services related to the project. The township will reimburse the city within 30 days of receiving contractor invoices for the work performed on West Lakeland streets. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of , consent agenda, the West Lakeland Township Joint Services Agreement for the 2016 Seal Coat Project. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve the West Lakeland Township Joint Services Agreement for the 2016 Seal Cout Project. ATTACHMENT(S): . West Lakeland Township Joint Services Agreement for the 2016 Seal Coat Project. -- page 2 -- JOINT SERVICES AGREEMENT FOR THE 2016 SEAL COAT PROJECT This Agreement is made this day of 2016, by and between the West Lakeland Township (hereinafter referred to as "West Lakeland") and the City of Lake Elmo (hereinafter referred to as "Lake Elmo"). WHEREAS, it is the desire of the parties, and it is the purpose of this Agreement, that certain road -related services be performed or contracted by Lake Elmo on behalf of West Lakeland for the purpose of seal coating certain street segments as designated by West Lakeland; NOW. TF1EREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. Term: The term of this Agreement shall commence upon the date of execution and shall be for the duration of the one year warranty period for the 2016 Seal Coat Project. 2. Services. For the term of this Agreement, Lake Elmo shall provide West Lakeland with the following services in and on behalf of West Lakeland and at the direction of West Lakeland's Engineer: a. Lake Elmo will provide professional engineering services to prepare Plans and Specifications and Contract documents for the 2016 Seal Coat Project. The project will include seal coating of street segments located in West Lakeland, in addition to the street segments located in Lake Elmo for which Lake Elmo is otherwise contracting. b. Prior to March 15, 2016, West Lakeland will provide Lake Elmo with a plan, designating and depicting the street segments to be seal coated in West Lakeland, said plan to be suitable for inclusion in the Plan documents, along with a tabulation of the estimated quantities (in square yards) showing, the seal coating work to be performed in West Lakeland as a part of the project. c. Lake Elmo will advertise the 2016 Seal Coat Project for contractor bids and may award a contract for seal coating, or a portion of thereof, as deemed in the best interests of Lake Elmo. If Lake Elmo awards a contract for the 2016 Seal Coat Project and West Lakeland agrees, the award shall include that portion of streets within West Lakeland. d. Lake Elmo will provide professional engineering services for the construction administration of the contract. e. At its sole cost and expense, West Lakeland will provide a construction observer to inspect the seal coat work performed on West Lakeland streets. 3. Payments. West Lakeland shall make payments to Lake Elmo for services related to the project or directly for services as follows: a. West Lakeland will pay Lake Eli -no u fee in the amount of $3,000 for engineering and administrubon fees performed by Lake Elmo for the xeu| cmu1 tLake B U| invoice this r� k> West Lakeland d` L k pr��cc- ouc Elmo w /nro�cc /s un�ouu� �� once � Lake Elmo City Council accepts the bids and awards the construction contract. b. Lake Bnno will ouokc Co,krmc0nc puyomcoio for all work completed in accordance with tile Conti -act. West Lakeland will reimburse Lake Elmo for tile work completed and paid \otile contractor in accordance with tile contract for the actual quantities o[work performed Vo West Lakeland streets. c Lake Bnuo will invoice West Lakeland for services to be reimbursed by West Lakeland uooutlined above and West Lakeland will pay all invoices within 30 days abm' rcooip{ of the invoice. Lake Elmo shall include with its invoices copies of the contractor's claims showing the 0000uoi charged for the work performed and materials used in West Lakeland, 4. Insurance. Lake Elmo mhuU require its contractor(s) to provide insurance as specified below, and West Lakeland shall be named as an additional insured on such insurance: Comprehensive General Liability Auto Liability Workers compensation $1,O0O,O00per Occurrence, $2,0OU,0O0a��rcgn|c $i,2OO`000per occurrence Statutory amount 5, Indemnification. Luke Elmo agrees to defend, iodenoui[w and hold bucou|con West Lakeland, and its officials, agents and cnnp|oycex from and against all c|ainov' actions, damages, losses and cxpcnoes, including attorneys fecs, arising ou( of or resulting frnnn Lake Einnm's performance of the duties required uodrr this /\grccrncoi, provided that any such claim, action, damage, loss or expense is caused in vvboio or in part by an alleged negligent act, omission, or vvi)|Do| misconduct (iur|uding, but not \iudb:d to, a claimed bn:ucb of contract made by the contractor) of Lake Elmo. Lake Eli -no ogvcro to require, as pad of its contract with the contractor used to provide the scn\ coating, to inc\udo TVus\ Lakeland in the contractor's indemnification obligation Linder the cnnlnxcL West Lakeland agrees to defend, indemnify and hold honn\oso Lake E|nuo` and its officials, agents and ernp|nycco fio/n and against all claims, actions, damages, |osncn and euponuex, including u1inrncys` fees, arising out of or resulting from VVznt Lukc|und'o performance of the duties required of it under this Agreement, provided that any such claim. action, damage, loss or expense ix caused in rvho|c or in part by an alleged negligent act nromission or v/i||fu| misconduct ofWest Lakeland. This provision shall not beconstrued as waiver by cidhu, party of any defenses, immunities nr limitations on liability to vvbicb they are entitled, tinder Minnesota 3iuiu<nu, Chuptrr 486 o, otherwise. Under no circumstances xhu|\ o party he required to pay oil behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 406, applicable to any one party. The |inods of liability for some or all of the parties may riot be added tngethu' to determine the maximum unnomni of liability for any party. 6. Service Contract. This isoservice contract. The parties doriot intend Uocreate, and nothing herein ohuU be construed as creating, a joint pnn'co agreement, 'joint venture, or joint enterprise. Ruvvrvcr, tothe extent ucourt o[competent jurisdiction may find Such urc|o1iooxbip exists, Lake Elmo and West Lakeland shall be considered a single governmental entity as provided 2 in Minnesota Statutes, section 471.59, subdivision I for the pucpoocu mfdetermining total |iabi|ity. The limits of liability for Lake B|noo and West Lakeland ubxU not be added tooether to dc0cnuiue the mozinu/nnaMountofliability for either party ocfor any occurccocc. 7. Conbacdn4 Procedure and Oveoi-.bt. Lake Eli -no shall be solely u:npoosih|o for letting the contracts for the services to be provided hereunder in ucconJnocc with all applicable }nvvn. I'u\es, and regulations. The bonds obtained from the contractor for the work shall iodudctbc work to be performed in VVcs1 Lakeland. Lake Elmo shall, tothe extent reasonably necessary, assist West Lakeland to draw upon the performance bond as needed to complete or correct an), work the contractor [bi|a to por{brnn in VVcsi Lakeland in accordance with ihc contract. West Lakeland will be responsible for iunpecdngthe work to be performed in West Lakeland, but Lake Eli -no shall be responsible for gcncru||Y overseeing the contractor's perfbrnouocc of services in accordance with the contract. 8. Miscc||oneoux. This Amreoncnt is mn|c|v for the benefit Vfthe parties hereto and no other person shall have any right, c|aino,nrinterest in it. 9. Le�al Compliance. Dod' parties agree bncomply with all applicable state, federal and local ian'o, rules and regulations in carrying ncIt dbci, respective obligations under this 8grconneoL 10. Entire AP-recouent This Agreement rcpmcxcntu the entire ugcecooenA between Lake Elmo and West Lakeland and Supersedes and cancels any and all prior agreements or prnp000|n, written or oral, between the parties relating to the subject matter hereof. No unuendn)cn(s, uddcndo, alterations, ormodifications io the |crnoy and conditions of this Agreement shall be effective unlens inwridnoand signed by both parties, IN VYl]NGS3 WHEREOF. the parties have set [hob their hands on the day and veal- first written above. CITY OF LAKE, ELMO TOWN OF WEST LAKELAND By: Its Mayor By: Date Date By: By: Date Date Its Town Chairperson riii FY or LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO DATE: CONSENT ITEM #1 UNICATION 2016 Seal Coat Project — Accept Bids and Award Contract Ryan Stempski, Assistant City Engineer Kristina Handt, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director Mike Bouthilet, Public Works May 17, 2016 SUGGESTED ORDER OF BUSINESS ti removed liwils the Consent Agenda): Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate..... ....... ..... .„. ...... Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates 15 POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $152,875.00. As itemized in this report below the total nost-bid nroiect cost for the 2016 Seal Coat Project is $158,375.00 to be paid through the General Fund (Fund No, 101-430-3120-42250). SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider accepting contractor bids and awarding a contract for the 2016 Seal Coat Project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Bids were received, publicly opened, and read aloud on May 5, 2016. FOCUS Engineering, Inc. has prepared and attached the Tabulation of Bids and a Letter of Recommendation for the award of the contract. The City received three (3) bids for this project, with Pearson Bros., Inc. providing the lowest bid amount of $1.19 per square yard for the base bid and $1.25 per square yard for the alternate bid. The Engineer's post -design construction cost estimate for the base bid was $1.23 per square yard and $1.33 per square yard for the alternate bid. -- page City Council Meeting [Consent Agenda Item 15] May 17, 2016 This project will be completed jointly with West Lakeland Township with the Township reimbursing Lake Elmo their portion of the construction cost; with West Lakeland at $56,028.00 (26.8%). West Lakeland will also pay Lake Elmo $3,000 for engineering and administration fees once the Lake Elmo City Council accepts the bids and awards the construction contract. Construction observation services will be contracted directly by each jurisdiction for the work performed on their streets. The post -bid construction estimate for Lake Elmo is $152,875.00 (73.2%) for the alternate bid, which includes higher performing asphalt (CRS-2P) to provide a better product and to reduce resident complaints. The total engineering design, bidding and construction services is estimated to be $8,500 less $3,000 to be reimbursed by West Lakeland Township. The Lake Elmo total project cost is therefore estimated to be S158,375.00. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2016-40, thereby accepting the bids and awarding a Contract to Pearson Bros., Inc. If removed from consent, the recommended motion for this action is as follows: "Move to approve Resolution No. 2016-40 Accepting the Bids and Awarding a Contract to Pearson Bros., Inc. in the amount of $208,903.00 for the 2016 Seal Coat Project; which includes the alternate bid for Lake Ehno in the amount of $152,875.00 and the alternate bid for West Lakeland in the amount of $56,028.00." ATTACHMENT(S): 1. Resolution 2016-40 2. Engineer's Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-40 A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE 2016 SEAL COAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2016 Seal Coat Project, 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, Pearson Brothers, Inc., in the amount of $208,903.00. NOW, THEREFORE, IT IS HEREBY RESOLVED, That the Mayor and City Clerk are 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 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 SEVENTEENTH DAY OF MAY 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-40 May 9'20l6 Honorable Mayor and City Council City of Lake Elmo, Minnesota 20l6Seal Coat Project City ufLake Elmo, Minnesota FOCUS Project No. 2816.l18 Dear Mayor and City Council: ENGINEERING, inc. Cara Geheren P.E. Jack Griffin, p.s. Ryan StempskiP.[. Chad |saksun'P.E. 651300.4261 651.300.4264 651.300.4267 651.300.4283 Bids for the 2016 Seal Coat Project were received on May 5, 2016, at 3:00 PM with the following results: Contractor Base Bid Alternate Bid Pearson 8ua,Inc. City ofLake Elmo $145'537.00 $152,875.08 West Lakeland Township $53.130.00 $56.028.00 TOTAL: $198'657,00 $208,903.00 Allied Blacktop Co. City oƒLuke Elmo $147,983/00 $154,098l0 West Lakeland Township 559.409�00 $6I'824.00 TOTAL: $207,392.00 $2I5'922I0 FahrnerAaphalt City cƒLake Elmo $18E\34Il0 $203,018 West Lakeland Township $74'382.00 \80.17&00 TOTAL: $202'724.00 $283,196D0 Acomplete Tabulation ofBids isenclosed for your information. VVerecommend that you award the Contract to the lowest responsible bidder, Pearson Brothers, Inc. in the total amount of $208,9DIOOfor their alternate bid to Lake Elmo in the amount o($I52,875.00; and alternate bid for West Lakeland in the amount of$56,O]8.00. Please contact me with any que5tions you may have, Sincerely, Ryan VV.StemceN. P.E. Project Engineer Enclosure cc: Jack Griffin, City Engineer TABULATION OF BIDS 2016 SEAL COAT PROJECT CITY OF LAKE ELMO & WEST LAKELAND TWP PROJECT NO. 2016.118 BIDS OPENED: MAY 5,2016, AT 300 PM BASE BID (CRS-2 EMULSIFIED ASPHALT) ITEM NO. DESCRIPTION ENGINEERING, inc. ENGINEER'S ESTIMATE Pearson Bros., Inc. Allied Blacktop Company Fahrner Asphalt Astech Corp. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT 'TOTAL QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT CITY OF LAKE ELMO 1 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 122,300 SY 9 1.23 $ 150,429.00 5 1,19 $ 145,537,00 $ 1.21 $ 147,983,00 5 1.54 $ 188,342.00 Did Not Submit CITY OF WEST LAKELAND BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 48,300 SY $ 1.23 $ 59,409.00 $ 1.10 $ 53,130.00 5 1.23 $ 59,409.00 $ 1.54 $ 74,382.00 Did Not Submit TOTAL $ 209,838.00 $ 198,667,00 $ 207,392.00 262,724.00 ALTERNATE BID NO. 1 (CRS-2P EMULSIFIED ASPHALT) ENGINEER'S ESTIMATE Pearson Bros, Inc. Allied Blacktop Company Fahrner Asphalt Astech Corp. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT ClrY OF LAKE ELMO 1 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 122,300 SY $ 1.33 5 162,659.0D 5 1,25 $ 152,875.00 $ 1.26 $ 154,098.00 $ 1.66 5 203,018.00 Did Not Submit CITY OF WEST LAKELAND 2 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 48,300 SY 5 1,33 5 64,239,00 $ 1.16 $ 56,028,00 5 1.28 $ 61,824.00 5 1.66 $ 80,178.00 Did Not Submit TOTAL $ 226,898.00 $ 208,903.00 $ 215,922.00 5 283,196,00 April 7,2Ol6 CITY OFLAKE ELMO 2Q1GSEAL COAT PROJECT PROJECT NO. 2O16.zzO PROJECT SCHEDULE Placement ofAdvertisement for Bids. —Oakda|e'LakaElmo Review. Publication onApril l3 — Quest CDN.Publication nnApril l3 May S,ZOI6 Receive Contractor bids. May l7,2Ol6 City Council accepts bids and awards Contract. May ZO,2Ol6 Process and send out Contract Documents. June 9,20I6 Receipt VfContractor's Bonds/Legal Review. June l4,IOl6 Conduct Pre -Construction Meeting and Issue Notice to Proceed. June 1S,2Ol6 Contractor begins Work. July 15, 2016 Substantial Completion of Work (including sweeping of excess aggregate). August 31,2U16 Final Completion ofWork (including Punch|istand final documentation), it IF (Try (n, K L.-, ELM() AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COU C L CO UNICATION DATE: CONSENT ITEM # May 17, 2016 2016 Street Full Depth Patching — Accept Quotes and Award Contract Ryan Stempski, Assistant City Engineer Kristina Handt, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance 'Director Mike Bouthilet, Public Works SUGGESI'LD ()RI)ER OF BUSINESS (it -removed ti•om the Consent .12e Questions from Council to Staff., Public Input, it° Appropriate_ .. „ _ . Call for Motion Discussion__ ........... ........ .......... ....... ..... ..... Action on Motion POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $55,820.00. Mayor Facilitates .. Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates 16 The 2016 Street Full Depth Patching work would be paid from the Street Budget under the General Fund. With this cost the street maintenance work, including crack seal, seal coat, overlay and full depth patching would be completed within the total 2016 budget amount. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider accepting contractor quotes and awarding a contract for the 2016 Street Full Depth Patching project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: In addition to the City's annual street maintenance work completed by Public Works staff, the City contracts out street maintenance for crack sealing, seal coating, occasional mill and overlay work and full depth patch repairs. This work is part of the City annual street maintenance budget. To date, contractor bids or quotes have been received for the 2016 Crack Seal Project, the 2016 Seal Coat Project and the 2016 Overlay Project. In each case, the bids or quotes have been favorable, coming in well under budget. -- page 1 -- City Council Meeting [Consent Agenda Item X7 May 17, 201.6 On May 11, 2016, staff received two contractor quotes to complete full depth street patching work along 1411' Street North within the Homestead neighborhood. The work will repair localized areas of pavement distress near the entrance of the neighborhood where the street is in significant disrepair. The work will serve to extend the useful life of this roadway and will help defer the neighborhood streets from a more significant street improvement project, It is recommended to have this work completed in 2016. In 2017, all streets in the neighborhood are scheduled to be seal coated. To comply with competitive bidding law for contracts between $25,000 and $ 100,000, the City may use direct negotiation. When direct negotiation is used, two quotes must be obtained and kept on file for the period of one year. Contractor quotes were obtained from local, reputable paving contractors with the following results: Hardrives, Inc. = $55,820.00. Schifsky & Sons, inc. = S68,040.00. The breakdown of these quote totals can be seen in the attached Contracts, with staff recommending the low quote of 555,820.00 from Hardrives, Inc. RECOMMENDATION: Staff is recommending that the City Council accept the quotes and award a Contract to Hardrives, Inc. If removed from consent, the recomtnended motion for this action is as follows: "Move to accept the quotes and award a Contract to Hardrives, Inc. in the amount of $55,820.00 fbr the 2016 Street Full Depth Patching Project." ATTACHMENT: 1. Hardrives, Inc. Construction Contract for the 2016 Street Full Depth Patching Project. 2. T.A. Schifsky & Sons, Inc. Construction Contract for the 2016 Street Full Depth Patching Project. -- page 2 -- State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE 2016 STREET FULL DEPTH PATCHING PROJECT LAKE ELMO, MINNESOTA This Contract, made this 17th day of Mav 2016, by the City of Lake Elmo, Minnesota (herinafter called the "Owner") and Hardrives, Inc. (hereinafter called the "Contractor"). WITNESSETH that the parties hereto agree as follows: The Contractor shah provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, power, light, heat, telephone, water, sanitary facilities, traffic control, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of the work as described herein: DESCRIPTION OF WORK: The Contractor shall complete full -depth pavement patch repairs along I4'h Street North in Lake Elmo, MN at the direction and in the locations specified by the City. All work shall he completed within the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the "General Conditions" shown in this contract. The contractor shall complete the proposed work by SEPTEMBER 30, 2016. The extents of the patch excavation area shall be marked in the field by the City and must be sawcut perpendicular across the entire street section from lip of curb to lip of curb, Sawcutting is incidental to the patching work. Full -depth patching shall include the removal of the entire pavement surface layer, regardless of its thickness, over the patching area. A Test Roll shall be completed with a fully loaded aggregate truck over the street and is incidental to the patching work. The existing aggregate base areas that pass a Test Roll, as determined by the City inspector, shall be toleranced and re -compacted prior to paving. The areas that do not pass a Test Roll, as determined by the City inspector, shall receive new Class 6 aggregate base material to a depth specified by the City. Each excavation shall be inspected by the City to determine if additional base material removal is needed to provide for a firm support. The aggregate base shall be toleranced to meet a minimum 2% crown to facilitate drainage. The bituminous surface shall be replaced using two compacted layers and shall include tack coat between them. The Bituminous Base Course (SPNWB230B) shall be a minimum 1.5" thick and the Bituminous Wear Course (SPWEA240B) shall he a minimum 1.5" thick. All bituminous testing shall be in accordance with MnDOT 2360 and is incidental to the patching work. The test procedure shall be the Ordinary Compaction Method. Aggregate gradation testing shall be as specified in MnDOT 2211 and MnDOT 3138. Water shall be applied at such times and in such amounts as necessary for proper aggregate compaction. The City will make payment for the whole contract upon acceptance by the City of all work required hereunder and in compliance with all the terms and conditions of this contract. Payment to the Contractor will be made for only the actual quantities of work performed using the unit prices provided within this Contract and listed below, except that the total amount cannot exceed $55,820 without prior written authorization by the City Engineer. All materials, labor, tools and equipment needed to complete full -depth pavement repair work that is not specifically itemized below with a unit price and estimated quantity shall be incidental to the work. The City may add or reduce the project quantities in the best interest of the City. Mobilization I LS - $3,000.00 Remove Bituminous and Tolerance — 3,700 SY x $2.85/SY $10,545.00 1.5" SPNWB230B — 350 Tons x $52.00/Ton = $18,200.00 1.5" SPWEA240B — 350 Tons x $54.50/Ton = 519,075.00 Remove & Replace Class 6 Aggregate Base — 500 SY x $10.00/SY $5.000.00 TOTAL ESTIMATED AMOUNT: $55,820.00 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written, (Contractor) (City of Lake Elmo) Project No. 2016.115 General Conditions for 2016 Patching Project Page 1 of 2 GENERAL CONDITIONS CHANGES IN WORK. - The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order. 11. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction. 111. COMPLETION OF WORK. - If the Contractor refuses or fails to complete the work within the time specified in this contract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control and without Contractor's fault or negligence. IV. RELEASES, - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS. - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI. NOTICES AND APPROVAL IN WRITING. - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. VII. CLEANING UP. - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. VIII. WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IX, IDEMNIFICATION, - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. X. WORKERS' COMPENSATION INSURANCE. - Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self -insurer of workers' compensation. Xl. LIABILITY INSURANCE REQUIREMENTS. — A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work, The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000. The CGL insurance shall cover liability arising from premises, operations, independent contractors, subcontractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. The city shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. Project No. 2016.115 General Conditions for 2016 Patching Project Page 2 of 2 State of Minnesota Washington County CONSTRUCTION CONTRACT FOR THE 2016 STREET FULL DEPTH PATCHING PROJECT LAKE ELMO, MINNESOTA This Contract, made this 17th day of May 2016, by the City of Lake Elmo, Minnesota (herinafter called the "Owner") and T.A. Schifskv & Sons, Inc. (hereinafter called the "Contractor"). WITNESSETH that the parties hereto agree as follows: The Contractor shall provide all labor, services, materials, equipment and machinery, transportation, tools, fuel, power, light, heat, telephone, water, sanitary facilities, traffic control, temporary facilities, and all other facilities and incidentals, including profit and overhead, necessary for the performance, testing, start-up, and completion of the work as described herein: DESCRIPTION OF WORK: The Contractor shall complete full -depth pavement patch repairs along 14n11 Street North in Lake Elmo, MN at the direction and in the locations specified by the City. All work shall be completed within the specified time frame and under the terms and conditions provided within this Construction Contract, and in accordance with the "General Conditions" shown in this contract The contractor shall complete the proposed work by SEPTE%1BER 30, 2016. The extents of the patch excavation area shall be marked in the field by the City and must be sawcut perpendicular across the entire street section from lip of curb to lip of curb. Sawcutting is incidental to the patching work. Full -depth patching shall include the removal of the entire pavement surface layer, regardless of its thickness, over the patching area. A Test Roll shall be completed with a fully loaded aggregate truck over the street and is incidental to the patching work, The existing aggregate base areas that pass a Test Roll, as determined by the City inspector, shall be toleranced and re -compacted prior to paving. The areas that do not pass a Test Roll, as determined by the City inspector, shall receive new Class 6 aggregate base material to a depth specified by the City. Each excavation shall be inspected by the City to determine if additional base material removal is needed to provide for a firm support. The aggregate base shall be toleranced to meet a minimum 2% crown to facilitate drainage. The bituminous surface shall be replaced using two compacted layers and shall include tack coat between them. The Bituminous Base Course (SPNWB230B) shall be a minimum 1.5" thick and the Bituminous Wear Course (SPWEA240B) shall be a minimum 1.5" thick. All bituminous testing shall he in accordance with MnDOT 2360 and is incidental to the patching work. The test procedure shall be the Ordinary Compaction Method. Aggregate gradation testing shall he as specified in MnDOT 221 l and MnDOT 3138. Water shall be applied at such times and in such amounts as necessary for proper aggregate compaction, The City make payment for the whole contract upon acceptance by the City of all work required hereunder and in compliance with all the terms and conditions of this contract. Payment to the Contractor will be made for only the actual quantities of work performed using the unit prices provided within this Contract and listed below, except that the total amount cannot exceed $55,820 without prior written authorization by the City Engineer. All materials, labor, tools and equipment needed to complete full -depth pavement repair work that is not specifically itemized below with a unit price and estimated quantity shall be incidental to the work. The City may add or reduce the project quantities in the best interest of the City. Mobilization 1 LS — Included at no charge. Remove Bituminous and Tolerance —3,700 SY x $3.70/SY = $13,690.00 1.5" SPNWB230B — 350 Tons x $70.00/Ton = $24,500.00 1.5" SPWEA240B — 350 Tons x $71.00/Ton = $24,850.00 Remove & Replace Class 6 Aggregate Base — 500 SY x $10.00/SY $5,000,00 TOTAL ESTIMATED AMOUNT: $68,040.00 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written. (Controctor) (City of Lake Elmo) Project No. 2016,115 General Conditions for 2016 Patching Project Page 1 of 2 GENERAL CONDITIONS CHANGES IN WORK. - The Owner may at any time, make changes in the drawings and specifications, within the general scope thereof. If such changes cause an increase or decrease in the amount due under this contract or in the time required for its performance, an equitable adjustment will be made, and this contract will be modified accordingly by a "Contract Change Order". No charge for any extra work or material will be allowed unless the same has been ordered on such contract change order by the Owner and the price therefore stated in the order. 11. INSPECTION OF WORK. - All materials and workmanship will be subject to inspection, examination, and test, by the Owner, who will have the right to reject defective material and workmanship or require its correction. COMPLETION OF WORK. - If the Contractor refuses or fails to complete the work within the time specified in this contract, or any extension thereof, the Owner may terminate the Contractor's rights to proceed. In such event the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor will be liable for any excess cost occasioned the Owner thereby; and the Owner may take possession of and utilize in completing the work such materials and equipment as may be on the site of the work and necessary therefore. If the Owner does not terminate the right of the Contract to proceed, the Contractor will continue the work, in which event, actual damages for delay will be impossible to determine, and in lieu thereof, the Contractor may be required to pay to the Owner the sum of $100 as liquidated damages for each calendar day of delay, and the Contractor will be liable for the amount thereof: Provided, however, that the right of the Contractor to proceed will not be terminated because of delays in the completion of the completion of the work due to unforeseeable causes beyond the Contractor's control and without Contractor's fault or negligence. IV. RELEASES. - Prior to final payment, the Contractor will submit evidence that all payrolls, material bills, and other indebtedness connected with the work have been paid as required by the Owner. V. OBLIGATION TO DISCHARGE LIENS, - Acceptance by the Owner of the completed work performed by the Contractor and payment therefore by the Owner will not relieve the Contractor of obligation to the Owner (which obligation is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, material -person, or any other persons performing labor upon the work or furnishing material or machinery for the work covered by this contract, which have attached to or may subsequently attach to the property, or interest of the Owner. VI, NOTICES AND APPROVAL IN WRITING, - Any notice, consent, or other act to be given or done hereunder will be valid only if in writing. VII. CLEANING UP. - The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work shall remove from the premises all rubbish, implements and surplus materials. VIII. WARRANTY. - Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. If within one year after completion of the work, any work is found to be defective, Contractor shall promptly, without cost to the Owner, correct such defective work as approved by the Owner. IX. IDEMNIFICATION. - Contractor shall defend and indemnify the city against claims brought or actions filed against the city or any of its officers, employees or agents for property damage, bodily injury or death to third persons, arising out of or relating to contractors work under the contract. X. WORKERS' COMPENSATION INSURANCE. - Contractor shall provide a certificate of insurance showing evidence of workerscompensation coverage or provide evidence of qualification as a self -insurer of workers' compensation, Xl. LIABILITY INSURANCE REQUIREMENTS. — A certificate of insurance acceptable to the City shall be filed with the City prior to the commencement of the work. The certificate and the required insurance policies shall contain a provision that the coverage afforded under the contract wit not be canceled or allowed to expire until at least 30 days prior written notice has been given to the city. Contractor shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and an aggregate limit of not less than $2,000,000. The CGL insurance shall cover liability arising from premises, operations, independent contractors, subcontractors, products -completed operations, personal injury and advertising injury, and contractually -assumed liability. The city shall be named as an additional insured under the CGL. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 each accident and an aggregate limit of not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. Project No. 2016.115 General Conditions for 2016 Patching Project Page 2 of 2 1111'. ill 11' ()I' LAKEELMO AYOR & COUNCIL CO umcApoN DATE: CONSENT ITEM # AGENDA ITEM: 2016 Crack Seal Project — Pay Request No. 1 (FINAL) SUBMITTED BY: Ryan Stempski, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director May 17, 2016 Sli(fX..;ESTED ORDER OF BUSINESS removed from the Consent ..,1,4enda): Questions .from Council to Staff ....... ..... Mayor Facilitates - Public Input, if Appropriate... ...... ..........., ......... Facilitates Call fOr Motion ........ ..... ..... ....... Mayor & City Council Discussion.... ......... ...... ........ .......... ..... ........ ........ ....... Mayor & City Council - Action on Motion ..... ..... ................ ................. Mayor Facilitates POLICY RECOMMENDER: Engineering. 17 FISCAL IMPACT: None. Final payment is proposed in accordance with the Contract for the project. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 for the 2016 Crack Seal Project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The 2016 Crack Seal Project has been fully completed. The Project Engineer has prepared a Certificate of Completion and is recommending acceptance of the improvements and release of payment in full. The one year warranty period will begin on May 17, 2016, and will extend to May 17, 2017. -- page City Council Meeting (Consent Agenda Item I 7/ May 17, 2016 RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of* the Consent Agenda, Pay Request No. 1 to Gopher State Sealcoat, Inc. in the amount of 529,828.00 for the 2016 Crack Seal Project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 1 to Gopher State Sealcoat, Inc. in the amount of $29,828.00 for the 2016 Crack Seal Project". ATTACHMENT(S): 1, Engineer's Certificate of Completion dated May 17, 2016. 2. Gopher State Sealcoat Invoice dated April 27, 2016. 3. Lien Waiver dated May 5, 2016. -- page 2 -- CITY OF LAKE ELMO, MN 2016 CRACK SEAL PROJECT PROJECT NO. 2016.119 CERTIFICATE OF COMPLETION DATE OF ISSUANCE: May 17, 2016 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: GOPHER STATE SEALCOAT, INC. PROJECT NAME: 2016 CRACK SEAL PROJECT PROJECT NO.: 2016.119 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated April 19, 2016. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: May 17, 2016 Ryan Stempski Reg. No. 45395 FOCUS Engineering, Inc. THE WARRANTY PERIOD BEGINS May 17, 2016 AND ENDS May 17, 2017 12519 Rhode Island Avenue Savage, MN 55378 Bill To City of Lake Elmo Attn: Ryan Stempski 3800 Laverne Avenue North Lake Elmo. MN 55042 Description Job Location various streets Lake Elmo P.O. No, Terms Net 10 Invoice Date 1 Invoice # 4/27/2016 Due Date 5/7/2016 Amount 15725 Rep CA() Crack Sealing -- locations per maps provided 29,828.00 We apprcciate your business! Questions? Call (952) 931-9188. Total S29.828.00 Phone # 952-931-9188 Fax # 952-931-0956 infordopherstatesealcoat.com RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS Date: 5/5/16 The undersigned hereby acknowledges receipt of the sum of $29828.00 CHECK ONLY ONE: as partial payment for labor, skill and material furnished as payment for all labor, skill and material furnished or to be furnished (except the sum of retainage for holdback) as full and final payment for all labor, skill and material furnished or to be furnished to the following real property (legal description, street address or project name): City of Lake Elmo, 1\11N Various streets per map provided Project No. 2016.119 And for value hereby waives all rights acquired by the undersigned to file or record mechanic's lien against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: None. Note: If this instrument is executed by a Corporation, it must be signed by an Officer, and if executed by a Partnership, it must be signed by a Partner. GOPHER STATE SEALCOAT, INC. , By: ,4-vp,-, "N 6 Title: 9c.. re 14,1 Address: 12519 Rhode Island Avenue Savage, MN 55378 *The lien waiver only becomes valid upon successful cashing of payment. lln" (xrr co' � Z� K�� K�� -� � 4�u�«—� 8_�«—'��^^� MAYOR AND COUNCIL COMMUNICATION DATE: 5/17/16 CONSENT ITEM #: 18 MOTION AGENDAITEM: Boulder Ponds ZmAddition Final PUDand Final Plat SUBMITTED BY: Stephen Wenamau.Planuiog Director REVIEWED BY: Emily Becker, City Planner Jack Gr [fin'{]tyEngineer OP4Boulder Ponds, LL[isrequesting approval ofBoulder Ponds I"d Addition Final PUDand Final Plat, the second phase ofthe Boulder Ponds residential development. The Planning Commission reviewed the Final PUD and Final Plat on April 25, 2016 and recommended approval with eight conditions. ISSUE BEFORE COUNCIL: Approval ofthe Final PUDand Final Plat ofBoulder Ponds 2ndAddition. PROPOSAL DETAILS/ANALYSIS: The Planning Commission recommended approval ofthe Boulder Ponds 2 "u Addition Final PUDand Final Plat with eight conditions. Since the Planning Commission review, OP4Boulder Ponds has received approval for both Boulder Ponds and Boulder Ponds 2 nd Addition landscape plans. The irrigation plans for Boulder Ponds 2 nd Addition are still being reviewed. The Developer is currently reviewing the Landscape Maintenance and License Agreement, also a condition of Final Plat. The Developer has provided evidence to the City Attorney that it has a fee interest in the Plat, Evidence of Watershed approval and compliance with conditions has been met, There is no work to be performed within the BP pipeline area. As a result, the related conditions have been removed from the attached resolution of approval. Staff is recommending approval of Boulder Ponds 2 ND Addition Final Plat and Final PUD Plan based onthe following findings: 1) That the Boulder Ponds 2"uAddition Final Plat and Final PUD Plan is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014. � I) ThattheBou|derPondsJ Addition Final Plat and Final PUDPlan isconsistent with the Lake City Council Meeting May 17, 2016 Consent Agenda Item #. 3\ That the Boulder Ponds Z nd Addition Final Plat generally complies with the [itvsUrban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans. 4) That the Boulder Ponds 2 nd Addition Final Plat complies with all other applicable zoning requirements, including the [it/s landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof, 5) That the Boulder Ponds Z nd Addition Final Plat complies with the Citvs subdivision ordinance. F|SCALUNIPACT: The City will beasked tmreview adeveloper's agreement omseparate agenda item. The agreement will include a detailed accounting of any development costs that will be the responsibility ofthe City. OPTIONS: The Boulder Ponds 2nd Addition Final PUD and Final Plat are consistent with the Preliminary Plat approval and should beapproved bythe City Council. RECOMMENDATION: Staff and the Plannin- Commission recommend approval with the following motion: ^movxroupnrnveResolution J0{6-42opm*vb-the Final PlDand Fbnu/ 8oxkdorPonds 2" 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-41 A RESOLUTION APPROVING A FINAL PLAT AND FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR THE BOULDER PONDS 2" ADDITION PLANNED RESIDENTIAL DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Boulder Ponds OP4, LLC, 11455 Viking Drive, Suite 350, Eden Prairie, MN has submitted an application to the City of Lake Elrno ("City") for a Final Plat and Final PUD Plan for the Boulder Ponds 2nd residential development, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the City approved the Boulder Ponds PUD General Concept Plan on December 17, 2013; and WHEREAS, the City approved the Boulder Ponds Preliminary Plat and Preliminary PUD Plan on September 16, 2014; and WHEREAS, the proposed Boulder Ponds 2" Final P1at and Final PUD Plan includes 18 single family residential lots within a planned development on Outlot 1-1, Boulder Ponds in Stage 1 of the 1-94 Corridor Planning Area; and WHEREAS, the Lake Ehno Planning Commission reviewed the Final Plat and Final PUD Plans on April 25, 2016; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Final Plat and Final PUD Plan subject to 8 conditions of approval; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Final Plat and Final PUD Plan as part of a memorandum to the City Council for the May 17, 2016 Council Meeting; and WHEREAS, the Developer has complied with three of the eight conditions prior to City Council review; and WHEREAS, the City Council reviewed the Boulder Ponds 2" Final Plat and Final PUD Plan at its meeting, held on May 17, 2016 and made the following findings of fact: 1) That the Boulder Ponds Final Plat and Final PUD Plan is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014. Resolution 2016-41 2) That the Boulder Ponds Final Plat and Final PUD Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. ) That the Boulder Ponds Final Plat generally complies with the City's Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans. 4) That the Boulder Ponds Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof. 5) That the Boulder Ponds 2" Addition Final Plat complies with the City's subdivision ordinance. 6) That the Boulder Ponds 2.11(1 Addition Final -Plat and Final PUD Plan coinplies with the City's Planned Unit Development Ordinance. 7) That the Boulder Ponds 2" Addition Final Plat is consistent with the City's engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated April 21, 2016. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Boulder Ponds Final Plat and Final PUD Plan subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and stonn water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plat and plans requested by the City Engineer in a memo dated 4/21/16 shall be incorporated into these documents before prior to signing the Plat for recording. 2) Prior to the release of the Final Plat for recording, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 3) The Final In-igation Plan shall be submitted for review and approval by the City Landscape Architect Consultant prior to the release of building permits. 4) The applicant shall provide a complete development lot book for all lots in Phase 2 of the Boulder Ponds development clarifying proper building placement for use in granting building permits prior to the release of Final Plat for recording. 5) That a Landscape and Irrigation License Agreement be executed for the maintenance of commonly held CIC and City outlots and rights -of -ways prior release of the final plat for recording. 2 Resolution 2016-41 Passed and duly adopted this 17st day of May, 2016 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016-41 TIIJ crlY AKE ELMO ITEM: SUBMITTED BY: Stephen Wensman, Planning Director PLANNING COMMISSION DATE: APRIL 25, 2016 AGENDA ITEM: BUSINESS ITEM CASE # 2016-07 Boulder Ponds 2'd Addition — Final Plat, Final PUD Plan REVIEWED BY: Emily Becker, City Planner Jack Griffin, City Engineer South Washington Watershed District Greg Malmquist, Fire Chief SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider an application for a Final Plat, Final PUD Plan submitted by OP4 Boulder Ponds, LLC. The Final Plat application represents the second phase of the Boulder Ponds residential development and includes 18 single family residential lots. The proposed project is located north of Hudson Blvd. N., east of the Eagle Point Business Park and south of the Stonegate subdivision. Staff is recommending approval of the of the Boulder Ponds 2"d Addition Final Plat and Final PUD Plan subject to compliance with 8 conditions as noted in this report. GENERAL INFORMATION Applicant: OP4 Boulder Ponds, LLC (Deb Ridgeway), 11455 Viking Drive, Suite 350, Eden Prairie, MN 55344. Property Owners: OP4 Boulder Ponds, LLC (Deb Ridgeway), 11455 Viking Drive, Suite 350, Eden Prairie, MN 55344 and Bremer Bank (Kathleen Tucci) 8555 Eagle Point Blvd., PO Box 1000, Lake Elmo. Location; Outlot H, Boulder Ponds, P1D # 34.029.21.32.0035 Request: Application for Final Plat and Final Planned Unit Development (PUD) Plan for the 2nd phase of the Boulder Ponds planned development which includes 18 single family lots, Existing Land Use and Zoning: Surrour LDR (PUD) - Urban Low Density Residential Planned Unit Development. d Use and Zoning: North —Stonegate Residential Estates (RE) subdivision; west — Eagle Point Business Park (Bremer Bank, Eagle Point Town Office Condos, High Pointe Medical Campus, vacant land) (BP); east — Lennar Savona Urban Low Density Residential (LDR) subdivision; south — vacant land guided for Commercial and Interstate Highway 94. BUSINESS ITEM 5a— ACTION ITEM Comprehensilv Plan: Urban Medium Density Residential (4.5-7.0 units per acre), History: Boulder Ponds General Concept Plan approved by the City on 12/17/13 (Resolution #2013-109), Boulder Ponds Preliminary Plat and Preliminary PUD Plan approved by the City on 9/16/14 (Resolution #2014-73). The first phase Boulder Ponds Final Plat and Final PUD was approved on April 21, 2015 Deaclline "Or lion: Application Complete — 3/21/16 60 Day Deadline —5/20/16 Extension Letter Mailed — N/A 120 Day Deadline — N/A Applicable Regulations: Chapter 153 — Subdivision Regulations Article 10 — Urban Residential Districts (LDR) Article 16 — Planned Unit Development Regulations §150.270 Storm Water, Erosion, and Sediment REQUEST DETAIL The City of Lake Elmo has received a request from OP4 Boulder Ponds, LLC for a Final Plat and Final PUD Plan to subdivide Oulot H, Boulder Ponds, 5.07 acres, into 18 single family (detached Villa) lots on a cul-de-sac as guided by the approved Preliminary PUD Plan. The applicant has submitted detailed construction plans for related to sanitary sewer, water main, storm sewer, grading, drainage, landscaping, and other details that have been reviewed by the City Engineer, Fire Chief and Landscape Consultant. The City's subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City's approval of the Boulder Ponds Preliminary Plat included 13 conditions that must be met by the applicant, which are addressed in the "Review and Analysis" section below. Staff has reviewed the final plat and found that it is consistent with the preliminary plat that was approved by the City on September 16, 2014. Please note that the final plat and construction plans indicate the new street will have the name, Jade Way North, which is consistent with the preliminary plat. The City Engineer has reviewed the final plat, and his comments are attached to this report. Although there are some additional revisions and additions necessary for the Final Plat and final construction plans that need to be addressed by the applicant, the revisions can be made before Ole City releases the final plat for recording. Staff is recommending that all revisions and modifications noted within the City Engineer's review memorandum date April 21, 2016 be completed prior to the release of Final Plat for recording as a condition of approval. FINAL PLAT REVIEW AND ANALYSIS The preliminary plat for Boulder Ponds was approved with several conditions, which are indicated below along with Staff s comments on the status of each. For those items and issues that are not directly addressed below, Staff has provided additional comments following 13 preliminary plat BUSINESS ITEM 5a — ACTION ITEM conditions list. Staff is recommending approval of the final plat, but with additional conditions intended to address the outstanding issues that will require additional review and/or documentation. Please also note that the applicant has also provided a response to the preliminary plat conditions as part of the project narrative (Attachment #2). Preliminary Plat Conditions— With Staff Update Comments (updated information in bold italics): 1) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. Comments: The site was mass graded in phase 1. 2) The developer shall be required to submit an updated parkland dedication calculation in advance of Final Plat. Upon submission of the calculation, the applicant must work with the City to achieve the required parkland dedication amount per the City's Subdivision Ordinance. The developer shall be required to pay a fee in lieu of land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash in lieu of land dedication shall be paid by the applicant prior to the release of the Final Plat for recording. Comments: The park land dedication of 1.77 acres which rvill be comprised of that the portion of the northern greenbelt park not within the Xcel Energy easement will be dedicated in the third phase of the development. The remaining park dedication equivalent to thefair market value 0.1'2.57 acres of land ;vas paid with the first phase of the development. 3) The developer shall follow all the rules and regulations of the Wetland Conservation Act and adhere to the conditions of approval for the South Washington Watershed District Permit. Comments: The permit was received with the first phase o he development. 4) The applicant will work with the Planning Staff to name all streets in the subdivision in a manner acceptable to the City prior to the submission of Final Plat. Comments: The streets in the entire development were named and the names were approved by the Fire Chief: 5) The applicant will work with staff to address the comments in the City Engineer's review memo dated 7/24/14 to the satisfaction of the City Engineer as part of the Final Plat and Final PUD Plan, Comments: These were completed .for the 1' phase. 6) In addition to standard easements required by the Subdivision Ordinance, additional drainage and utility easements must he provided extending 10 feet from meandering sidewalks, as well as all of the portion of private lots between meandering sidewalks and the public right-of- way. Comments: This was complied with in the i -51 phase and will be again in the second phase. 7) The landscape plan shall he updated to locate all boulevard trees in between the public street and sidewalk to not interfere with private utilities. Comments: The landscaping plans for all phases have been accepted per Stephen Musky's review memo 4/20/16 with the exception of the irrigation plans. Irrigation plans are close to being approved. BUSINESS ITEM 5a — ACTION ITEM 4 8) Al! islands and medians internal to the Boulder Ponds development shall be platted as part of the right-of-way and shall be maintained by the Home Owners Associa(ion, The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping, installed in areas outside of land dedicated as public park and open space on the Final Plat. Continents: The islands and median except those in 5th Street are the responsibility of the HOA into perpetuity. The developer has an approved management plan, but has not entered into a landscape license agreement. 9) The design of the northern buffer trail shall be modified to a width of 8 feet as opposed to the regional trail standard of 10 feet. Comments: This condition will be address in the third phase of the development. 10) The eastern segment of the northern buffer trail shall be moved to the south to the greatest extent possible with plantings to screen the trail on the north side. Comments: This has been completed. I 1) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Pla(, the Developer shall enter into a Developers Agreement acceptable to the City Attorney that delineates who is responsible for the design, construction, and payment of public improvements. Comments: Complete 12) The Final PUD Plan will include a development lot book to clarify proper building placement for use in granting building permits for the development. Comments: Completed Staff is rcconirnending that the conditions noted above that pertain to the I Addition Final Plat and that have not yet been addressed by the applicant should be again conditioned with this approval. The City Engineer's review letter identifies several issues that need to be addressed by the developer in order for the City to approve the final plans. However, the majority of these concerns are related to the construction plans and should have little bearing on the final plat. The City Landscape Architect has reviewed and approved the Landscape Plans, the Landscape Management Plan, however the irrigation plans have not yet been approved, and are about half way complete. The Fire Chief has reviewed the Final Plat and has identified no issues. Staff is recommending that City Officials not sign the final plat mylars until the City's construction plan review is finalized and all necessary easements are documented on the Final Plat. Based on the above Staff report and analysis, Staff is recorrunending approval of the Final Plat with several conditions intended to address the outstanding issues noted above and to further clarify the City's expectations in order for the developer to proceed with the recording of the Final Plat, The recommended conditions are as follows: Recommended Conditions of Approval: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plat and plans requested by the City Engineer in a memo dated April 21, 2016 shall be incorporated into these documents before prior to signing the Plat for recording. BUSINESS ITEM 5a — ACTION ITEM 5 2) Prior to the release of Final Plat for recording, the developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the Boulder Ponds Final Plat. 3) Prior to the release of the Final Plat for recording, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 4) The Final Irrigation Plan shall be submitted for review and approval by the City Landscape Architect Consultant prior to the release of building permits. 5) The applicant shall provide evidence that all conditions attached to the South Washington Watershed District permit for the Final Plat and associated grading work have been met prior to the release of the Final Plat for recording. 6) The applicant must provide written authorization to perform any work in the BP Pipeline easement areas prior to the release of the Final Plat for recording. 7) The applicant shall provide a complete development lot book for all lots in Phase 2 of the Boulder Ponds development clarifying proper building placement for use in granting building permits prior to the release of Final Plat for recording. 8) That a Landscape and Irrigation License Agreement be executed for the maintenance of commonly held CIC and City outlots and rights -of -ways prior release of the final plat for recording. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following, findings with regards to the proposed Boulder Ponds 2" Addition Final Plat and Final PUD Plan: 1) That the Boulder Ponds 2" Addition Final Plat and Final PUD Plan is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on September 16, 2014. That the Boulder Ponds 2" Addition Final Plat and Final PUT) Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 3) That the Boulder Ponds 2' Addition Final Plat generally complies with the City's Urban Low Density Residential zoning district, with the exceptions as noted in the approved Preliminary PUD Plans, 4) That the Boulder Ponds 2" Addition Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof 5) That the Boulder Ponds 2" Addition Final Plat complies with the City's subdivision ordinance* BUSINESS ITEM 5a — ACTION ITEM 6 6) That the Boulder Ponds 2" Addition Final Plat and Final PUD Plan complies with the City's Planned Unit Development Ordinance. 7) That the Boulder Ponds 2"d Addition Final Plat is consistent with the City's engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated April 21, 2016, RECCOMENDATION: Staffis recommending approval of the Boulder Ponds 2"1 Addition Final Plat and Final PUD Plan with the 8 conditions of approval as listed in the Staff report. The suggested motion is the following,: "Move to recommend approval tithe Boulder Ponds 2nd Addition Final Plat and Final PUD Plan with the 8 conditions of approval as drafted by Staff based on the findings offact listed in the Staff Report." ATTACHMENTS: • Application Fon-ns and Project Narrative • Final Plat • City Engineer Review Memorandum, dated 4/21/16 • Fire Chief Review Memorandum, dated 3/24/16 • Landscape Consultant Review Memorandum, dated 4/20/16 • (Final Construction Plans are available upon request) ORDER OF BUSINESS: - Introduction ...... ........ ...... ..... ..... ..... _ ............. .......Plarming Staff - Report by Staff .... ......... ......... ,Planning Staff - Questions from the Commission Chair & Commission Members - Discussion by the Commission ........_.... .............. Chair & Commission Members - Action by the Commission._ .... .......... ..... Chair & Commission Members BUSINESS ITEM 5a — ACTION ITEM Date Received: Received By: LU File #: FINAL PLAT APPLICATION '1'11I (.;1T)" LAKE ELMO Applicant: 0P4 Boulder Ponds, LLC (Contact: Deb Ridgeway) Address: 1660 Highway 100 South, Suite 400, St. Louis Park, MN 55416 Phone #: 952.525.3223 Email Address: Deb,RiduewavaExcelsiorLLC.com Fee Owner: Same as Applicant Address: Phone #: Email Address: Property Location (Address and Complete (long) Legal Description: Outlet- H, Boulder Ponds 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 General information of proposed subdivision: Applicant proposes to plat Outlot 1-1, Boulder Ponds to create 18 detached Villa lots as contemplated on the approved Boulder Ponds Preliminary Plat. The product will be similar to the Villa units currently being constructed in the 1st phase of development. In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning Ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and,tierekby agree to pay all statements received from the City pertaining to additional application expense. - " - Si g n a tu re of applicant: ; Dale: _ - Fee Owner Signature Date: Revised 3/12/2014 11'.35 AM TI1E CITY OF LAKE ELMO Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 AFFIRMATION OF SUFFICIENT INTEREST I hereby affirm that I am the fee title owner of the below described property or that I have written authorization from the owner to pursue the described action, Name of applicant OP4 Boulder Ponds, tic (Please Print) Street address/legal description of subject property otalot H, Boulder Ponds ( Signature Date If you are not the fee owner, attach another copy of this form which has been completed by the fee owner or a copy of your authorization to pursue this action. If a corporation is fee title holder, attach a copy of the resolution of the Board of Directors authorizing this action. If a joint venture or partnership is the fee owner, attach a copy of agreement authorizing this action on behalf of the joint venture or partnership. Revis&I 3113/2014 9:12 AM THE ("ITY OF I AKEELMO Lake E|muCity Hall 651747'3900 388OLavemoAvenue Noqh Lake Elmo, MN55042 ACKNOWLEDGEMENT OF RESPONSIBILITY This is to certify that | @m making application for the described action by the City and that \ am responsible for complying witha|lCdv[eqUi[e09OtsvNthreO8[dk)\h|oreqUest This application should bSprocessed i0 0yname and |aD0the party whom the City should contact regarding any matter pertaining \Othis application, |h8Ve read and understand the instructions supplied for processing this application. The documents and/or information | have submitted are true and correct to the best [fnnyknowledge. | will keep myself informed of the deadlines for submission of material and of the progress of this application. | understand that this application may be reviewed by City N3ff and consultants. | further understand that additional iOfOrmadUO, including, but not limited to, traffic analysis and expert testimony may be required for review Ufthis application, Iagree \Dpay tVthe City upon demand, expenses, determined bythe City, that the City incurs in reviewing this application and shall provide an escrow deposit to the City in an amount to bedetermined bythe City, Said expenses shall include, but are not limited to, staff time, engineering, legal expenses and other consultant expenses. I agree to allow access by City personnel to the property for purposes of review of my application, Signature nfapplicant By Name Ofapplicant Ben Schmidt, ViccPresident (Please Print) Name and address of Contact (if other than applicant) Deb Ridgeway biodlcnom) c/o The Excelsior Group, LLC 1660Bighwxy 100S.Sui/c400 3c Louis Park, N�[554)O t- 95I52� ronDe .3225 Revised a/amwvnmy THE CITY OF AK E ELMO I'hit _Application Handout FINAL PLAT APPLICATION REQUIREMENTS' All Subdivisions of Land creating four (4) or more lots This handout is intended to provide guidance on putting together and submitting a Final Plat application for the subdivision of property in Lake Elmo. The purpose of the Final Plat is to incorporate all conditions placed on the Preliminary Plat application into the final plans, and to finalize all documentation for legal recording at the County. This steps completes the subdivision process. In order to have your Final Plat application be complete and reviewed in a timely fashion, there are a number of steps that must be followed: I. Pre -submittal Meeting: Contact City Staff to discuss the status of any outstanding Preliminary Plat conditions, to discuss the requirements for Final Plat application submittal and obtain another land use application. Final Plat Submittal: Prepare an informational packet (described herein) that fulfills the Final Plat submittal requirements. Providing a detailed and thorough application packet will greatly reduce the overall review time. Submit your completed packet to Staff to initiate review. 3. Completeness Review: Staff will examine your submittal to determine if the application is complete, and contact you if additional information is required or was omitted. It is to your advantage to submit your materials as early as possible so Staff can assist you in meeting all requirements. Applications found to be incomplete will be returned to the applicant2 Final Plat Review/Processing: Staff will process completed applications. This process typically requires at least one applicant revision and resuhmittal of plans to work through review comments. The process may also include additional applicant meetings, requesting review comments from partnering agencies, and writing reports. 5. Planning Commission Meeting: Once the plans are revised to fully meet the Zoning and Subdivision Ordinance and Engineering Design Standards as outlined by Staff, planning and engineering reports are prepared and the item is scheduled for the next available Planning Commission meeting (2" or 4' Monday of the month3). 2 4. The information provided in this document is intended to be a correct statement of the law as set forth in the Lake Elmo City Code and the laws of the State of Minnesota. However, the applicant should refer to thc actual sources and consult with their own legal advisor regarding applicability to their application. In providing this information, the City makes no representations nor provides any legal advice or opinion, Minnesota State Statute l 5.99 requires local governments to review an application within 15 business days of its submission to determine if an application is complete and/or if additional information is needed to adequately review the subject request. Staff will determine when applications are reviewed based on the time needed to review the application and the number of items already scheduled on future agendas. Please note that meeting dates are ange due to holidays, lack of quorum, etc. Please contact City Hall to confirm all dates and times, Final Nal Appliculioll 114111doul (iOy 6. Revisions: If needed, the Final Plat is revised to address the Planning Commission's 000mmendudoo(a)and any outstanding review comments prior toCity Council consideration, 7. City CnxxciiP0ocUng: Once the plans are finalized and umdv for the City CouooU`x consideration, statTreports are prepared and the Final Plat is placed on the next available City ' Council /ueohngagenda (i" or3"' Tuesday n[the mooU/s ). Applicants are advised (uuiicuJ both the Planning Commission and City Council meetings and be open to questions regarding the request. 8. Decision: The City Council will review the request and either grant or deny the Filial P|ni 9� Title Work: Kthe Final Plat application iuapproved bvthe City Council, all title work must be reviewed and approved hvthcCity Attorney before the plat inrecorded hvthe County, The applicant shall provide evidence in u fhnn xohshctory{u the City Attorney that he/she has fee interest in the SUbject property, Above all else, it is imperative that an applicant begin preparations as early as possible and to ensure that o complete application is submitted. Review hvthe Planning Commission will not 000uru/ti|ut|:ustdbn:oncukshavepusrodfromv/hcothcCityhusdeonnodLboupp|ioo1inn uoonp|oiu. Fiuul Plat Fees: The City Council has established a non-refundable [cc" for processing Final Plat applications. P]oouo xcc the Current -fee uchcdo|n on our"/ehoik:. In addition, the City requires that the applicant enter into all Escrow Agreement with the City and post an $8,000 escrow (oreimburse the City for all technical p|unniu�'cnAinocdu�,public x/orkxand legal rov/cm You Will find that xgreat deal of the information roqucxLoj for Final Plat application matches the rcquiromcnLs for Preliminary Plat application submittal, VVhUc we have you,originx| applications, the City does require that all applicants Submit a riew and complete application at every stage u{the development process (upduthn�information uunccded).This a||np/nuo0mbuok cbmn�osuothe application progresses through U1uvn,ious |evc|o of reviewVVidhtbix in mind, the following materials must be Submitted prior to deeming all application complete: Sub: l{ew Item: | l. /\ completed land use application form signed bvall property owners along With payment of the proper filing fee, escrow and escrow agreement. � Applicant isalso responsible Onrnny additional fees inooncd by the (]{y (i,c. enginre6nn, planning Plett Application Platidow Cliy Elmo 2. Written statements providing information regarding your proposal. Please provide a separate answer for each of the lettered items listed below (answers must be submitted in both hard copy and electronic form-- MS Word format or PDF): a. A listing of contact information including name(s), address(es) and phone number(s) of: the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates. b. A listing of the following site data: Address, current zoning, parcel size in acres and square feet, property identification number(s) (PID), and current legal description(s). c. Final Subdivision and Lot information: i. The name of the Final Plat. ii. A table listing the lot and block number, size of lot, width of lot, and depth of lot. iii. Final exact area calculations of parks, trails, and any other dedicated public open space; and estimated values of all dedicated land and improvements (trails, park equipment, sports fields, etc.). iv. Final exact area calculations of wetlands and buffers. v. Final proposed area calculations for all dedicated right-of-ways. vi. Proposed legal descriptions for: all lots, easements to be created (if not being dedicated on the plat), and easements to be vacated (if any). d. An explanation of how issues have been addressed since the Preliminary Plat phase of the development. e. A statement showing the final density of the project with the method of calculating said density shown. Discuss proposed infrastructure improvements and phasing thereof' (i.e. proposed roadways, sewer systems, water systems, sidewalks/trails, parking, etc) necessary to serve the subdivision. If applicable, a narrative addressing how concerns/issues raised by neighboring properties have been addressed (discussing your proposal with the neighboring land owners is recommended to get a sense of what issues may arise as your application is processed). h. If applicable, a description of how conflicts with nearby land uses (livability, value, potential future development, etc.) and/or disturbances to wetlands or natural areas are being avoided or mitigated. Provide justification that the proposal will not place an excessive burden on roads (traffic), sewage, water supply, parks, schools, fire, police, or other public facilities/services (including traffic flows) in the area. g• Fimil Pled .-Ipplication 11017(10111 0/1.,(th' IS,1/110 Written statements continued: j. If applicable, provide a description of proposed Iakeshore access (i.e, shared dock with multiple slips, individual docks for each lot, etc.). k. A description of proposed parks and/or open space, including a brief statement of the overall land dedication of fees to be paid in lieu of land dedication that meets the public land dedication requirements of the Subdivision Ordinance. 1. A proposed development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed (including the proposed phasing of construction of public improvements and recreational and common space arcas) Sub: Req: Item: Plat & Associated Plans: Ten (10) packets of reduced size (11x17) and five (5) packets offull plan size (24x36) containing each of the following required pieces of information depicting the proposed subdivision. Each document shall be at a consistent, readable, and measurable engineering scale, include a title and a page number (Sheet 1 of 5+, Sheet 2 of5, et cetera). Staff will assist you in determining what is required. The plan sets will not be considered complete unless all required elements are included. Additionally, each of the packet items must be submitted in an electronic format (jpg, ,pdf, etc.) for use in presentations. The following pages outline the information that is required to deem your application complete. Final Plat: Sub: Reouired: Item: I. Administrative Information: • Appropriate identification offlie draiving (i.e. , grading plan, etc), • Name of the subdivision, which shall 170i duplicate or too closely approximate the name of any existing platted subdivision in TVashingion County. Proposed names must he verified by the PIlashington County Recorder. is Signature of surveyor, engineer, landscape architect, and all other professionals certifying the documents. • Date ofplan preparation with revision date(s) (if any). • Graphic scale and true 1701117 arrow(engineering scale only, not less than one (1) inch equals one hundred (1 00)feet. • A complete Legend depicting all line types anal symbols used within the plans. 4 Final Plat continued: 2. General Property Information: • Address(es) and PID(s) for the subject properly. • Existing legal description (s) Jr the subject property. • Existing parcel boundaries shown with survey measurement data matching the existing legal description of the parcel of land to be platted, ▪ Date o s .vey • Name, address, and phone number of landowner I subdivider if not the SC11110 • Name, address, and phone number of engineer, ,curveyor, landscape architect, Or land planner preparing the plat (include registration II's) 3 Indication of the gross area being subdivided and the proposed number of lots shown in square feet and acres. 4. Existing site improvements within the parcel of land to be platted and for a distance of 150 feet outside of the parcel boundaries. 5. Zoning district(s) of the land being subdivided (if more than one zoning district, zoning boundary lines must be shown) and proposed future zoning for the subdivided land. 6. Layout of proposed lots with future lot and block numbers. The boundary lines of the subdivision should be clearly distinguishable from other property lines. Denote outlots planned for public, dedication and/or open space (schools, parks, trails, stormwater ponds, etc.). 7. Layout of existing property lines if(different from proposed lot lines). Existing lot lines should be easily distinguishable from the proposed lot fines and not be a prominent feature on the plat. 8. Denote the area within each °Utile proposed parcels (in the appropriate units of acres and/or square feel) El 9. Existing contours at intervals of two feet. Contours must extend a minimum of 150 feet beyond the boundary of the parcel(s) in question. El 10. Delineation of wetlands and/or watercourses on the plat and within 150 feet of the perimeter of the subdivision parcel. The ordinary high water elevation and the 100 year flood elevation shall he shown for all existing water bodies. 11. Location, width, and names of existing and proposed streets within and immediately adjacent to the subdivision parcel, showing pavement type and width. 5 .! Elmo 8h I I I( lo It 1 Final Plat eontin ue(I.- | F-1 12. All easements ofrecord within oradjacent 1o(heplat, F— |l Lines omtoh|ishingthe buildable area nneach lot hn hnukd (ayv/l,olw L'bilo 14. Boundary lines o[udininingparcels within three hundred fifty (350) feet beyond the plat. }ndividoo|parcels shall heidentified hyname and ownership including all oonbgoounland owned o,controlled by ihoxuhdividcx. |l Location and dimensions o[CxbdngboUdio@snrsignificant above gvnurx]u|ruv(umxonnrwithin one hundred and fifty (\j[) feet oFthe Miter plat boundu,y. 16I-OCatiOn Of ally UnIqUe n8tUral and/or historic Features (if any) Final Dioinage& E, rvsim0mtrol Plan: Sub: Required: Item: | | /' l / l. Appropriate identification ofthe drawing aso"final grading' drainage and erosion 000tun| p\on." I Administrative information as u:quivcd for the Final Plat 3, Final Grading Plan: The developer shall xubooitn Dno\ grading, drainage and erosion control plan utilizing ocopy ofthe conent certificate ofnurvcy as a base for the site in question, prepared and xig/x:d byuMinnesota licensed engineer, depicting the following 1 4. North arrow and date of preparation. 5.Graphic Scale (engineering scale only, not less than one (1)Inch oquobfifth(58)feeA, 6. For each lot, provide lot and h|ocknumbms. boiWiugouJ location, huUdiogtype and proposed building first floor elevation, low floor elevation and elevation u1garage slab. 7.Shoomnm(ucN/hnu-emuntPlan, with unarrative, indudin�tbc confi&umhnno[drainage areas and calculations that meet the n:quin:mcu{oo[dhc City Code and/or applicable VVuteobod 3tandardx, 8. Location o[nU outUro\ feob/l-CS oo the baot.0akm| features are considered (u inC|ud4 hotare not limited to \huhaUowincy: krc lines, wetlands, youdx,lakes, streams, drainage chonuc|s,WuOfS. s\cop u|opox' etc. 6 Hirai .-Ipp Handout (7ty 011.crlic LIim I J Final Grading, Drainage and Erosion Control Plan continued: 9. All delineated Wetlands and watercourse buffers per the City and Watershed standards; and wetland replacement plan, if needed. 10. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales, and drainage channels within one hundred tifty (150) feet of the tract. Existing pipe type, grades, rim and invert elevations and normal and high water elevations must be included. 1 I. Normal water level (NWL) and 100-year high water level (100- year HWL) for all water bodies, existing and proposed, 12. Spot elevations at drainage break points and emergency overflows (in BOLD) with directional arrows indicating site, swale and lot drainage. 13. Retaining Walls (wall heights and elevations). 14. Locations, grades, rim and invert elevations of all storm sewer facilities, including ponds and BMP's proposed to serve the tract. 15. Locations and elevations of all street high and low points. 16. Street grades shown. I 7. Provide phasing plan for site grading. 18. All soil erosion and sediment control measures to be incorporated during and after construction must be shown. Locations and standard detail plates for each measure must be included on the plan using Lake Elmo city standard details. Plan must meet the requirements of MPCA General Permit Construction Activity. 19. All revegetalion measures proposed for the tract, including seed and mulch types and application rates must be included on the plan. 20. Existing contours at two (2) foot intervals shown as dashed lines (may be prepared by a Minnesota licensed surveyor). Existing contours shall extend one hundred tifty (150) feet outside of the tract. 21. Proposed grade elevations at two (2) foot intervals shown as solid lines. 22. Other information as required and outlined in the City Plan Sheet Format Requirements. 7 FilIcti Nat Apt)liection 110100M Final Utility Pia11: ( (?/.1.,./Ac klin) Sub: Required: Item: r I 1 LI I 1 1. Appropriate identification of the drawing as a "final utility plan." 2. Administrative information as required for the Final Plat 3. Final Utility Plan, prepared and signed by a Minnesota licensed engineer, depicting the following information: 4. Easements: Location, dimension and purpose of all utility easements. 5. Underground and Overhead Facilities: Location and size of existing utilities including sewers, water mains, culverts, gas, electric, phone, cable, fiberoptic, utility poles or other underground facilities within the tract and to a distance of one hundred fifty (150) feet beyond the tract. Such data as grades, invert elevations, and location of catch basins, manholes and hydrants shall also be shown. 6. Proposed utility plans including sanitary sewer, watermain, and storm sewer, all in accordance with the City engineering design standards manual. 7. Water Supply, Public: Water mains shall be provided to serve the subdivision by extension of an existing community system wherever feasible. Service connections shall bc stubbed to the property line. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the engineering design standards as approved by the City Engineer and in accordance with the City's Comprehensive Water Plan. The Final Utility Plan shall indicate the location of all hydrants and valves. S. Water Supply, Private: In areas where public water supply is not available, individual wells shall be provided on each lot, properly placed in relationship to the individual sewage disposal facilities. Well plans must comply with the State Well Code, as may be amended, and be submitted for the approval of the City Engineer. 9, Sewage Disposal, Public: Sanitary sewer laterals and service connections shall be installed in accordance with (he design standards of the City as approved by the City Engineer. The Final Utility Plan shall provide the locations, grades, rim and invert elevations, and sizes of all proposed sanitary sewer facilities to serve the tract. .Ipplhi.:Ufl011 Final Utility Plan continued: 10. Sewage Disposal, Private: All individual sewage treatment systems shall be installed in accordance with all applicable State, County, and City requirements. 1. 1. Other information as required and outlined in the City Plan Sheet Format Requirements, 111 Final Street & Storm Sewer Plan: Sub: Reuuired: Item: I I 1. Appropriate identification of the drawing as a "final street & storm sewer plan." 2. Administrative information as required for the preliminary plat 3. Final Street and Storm Sewer Plan, prepared and signed by a Minnesota licensed engineer, depicting the following information: 4. Layout of proposed streets showing the proposed lot lines, right- of-way widths, and proposed names of streets in conformance with the County Uniform Street Naming and Addressing System. 5. Locations and widths of proposed streets, alleys and pedestrian - ways. 6. Location, dimensions and purpose of all easements. 7. Annotation of street geometries for all horizontal curves, tangent lengths and corner radii. 8. Centerline profile and gradients for all streets, with vertical geometries annotated on the plan profiles, 9. Typical cross section of proposed street improvements. 10. Minimum front and side street building setback lines. 1 l. When lots are located on a curve, the width of the lot at the building setback line. 12. Location and number of off-street parking spaces (guest, handicapped, bicycle, motorcycle, etc.) including typical dimensions of each. Note: not required fbr single family residential developments. 13. Other information as required and outlined in the City Plan Sheet Format Requirements. 9 /iully6x/pplicwix'/leo^6m/ 01Y ol'LuAe k/w^ F/no/7)-eoP>-esm'votionP/oxx / Sub/ Required: ytcru: |. Appropriatekeritificationof the dumiog(duxthe "final tree preservation plan." 2. Administrative information as required for the Final P|x1, 3. Final Tree Preservation Plan, prepared and signed by a Minnesota licensed forrestororlandscape architect, depicting thcfoUo^io� in[bmnudoo: 4.Troe inventory and survey, including utotal listing ofall healthy significant trees, all healthy significant trees to be removed and all healthy significant trees to remain. |n[onno1iuushould hc presented in both graphic (at uscale not less than one (I) inch equals one hundred (|00)feet) and tabular form (charts listing significant trees by field tag number). 5.General description. nfthe trees outile site not noou6ugtile significant size threshold. 0.Locations o[proposed buildings, Structure, orimpervious Surfaces. 7.Delineation o[all areas hohugraded and limits ofland disturbance. X. Ncnbficu(ioo of all xi�nificuot trees to be ,omn,od in the conut,uobnn area, presented in both graphic and tabular [bnn. 9. Mouourox to protect the significant |ro:x that are to conuoio. |D. Size, species, oumborand location o[all /ep\ooencottrees proposed to be planted oil the property in accordance with the Bdib&udon P|oo' if necessary, presented in both graphic (at oscale not less than one (I ) inch equals one hundred (100) feet) and tabular fortri. | . | / | . v Final f�x: Sub, Required: Item: |. Appropriate identification ofthe drawioo(s)uxtile `Gnu| landscaping p|an." F-1 2. Administrative iu5ounatioomrequired bvtile Final Plat. | 3. The proposed location, size, quantity, and species o[a||existing and proposed plant mntexio[saorequired inVl54258.1ofonnx6oushould also be provided in tabular forni. ' All tree preservation plans shall be certified by u forester colandscape architect, All landscape plans shall bccertified 6yalandscape architect, 10 I'Lit Application liondont Sub: Final Landscaping Plan continued: Methods for protecting existing trees and other landscape material, consistent with §154.257, 5. Proposed structural and ground cover materials. 6. Proposed provisions for irrigation and other water supplies. Lil 7. If required, proposed screening showing details and typical cross - sections. Ghost Plat (Note: Ghost Plat may be required dependent on potenti property as guided by the City's Comprehensive Plan): Sub: Required: Item: 1 . Appropriate identification of the drawing as a "ghost plat." 2. Administrative information as required for the Final Plat. El 3, Show potential future subdivision possibilities for the land if your proposal was approved (i.e. if you are not subdividing to the maximum density, how might the land be further divided in the future to reach the maximum density). 4. Indicate how the proposed subdivision will relate to potential future subdivisions of adjacent properties (you may need to ghost plat development on adjacent properties to establish this relation). Electronic file. Sub: Required: Item: 1 . A cd or flashdrive must be submitted which includes electronic .files for the written statements regarding the proposal, the plat and all associated plans. Staff can generally work with most file formats (.jpg or .pdf files are preferred). Reg: Item: 4. Supplemental In formation. Depending upon the submittal, the foliowing items may also be required; Feasibility report(s) for proposed individual on -site sewer and water systems. Such reports will be required with any future plat; 017,ake Elmo ace I'lat .1m)lication 'Imrelow Supplemental Information continued: Proposed protective covenants; ('ity qltalaf Elmo Ten (10) copies of a context diagram that graphically depicts how the development plan relates to its surrounding neighborhood or community context including the pedestrian, bike, and street (vehicular access) network (existing and potential); A Traffic Impact Study (TIS) (6 copies) prepared in accordance with State, County and/or City Engineering guidelines; A soil survey and report; Signed letters of intent indicating that all required off -site easements and off -site rights -of -way necessary for the project could be negotiated and obtained; A hydrological/groundwater report; Any other special natural area or environmental study or report pursuant to Lake Elmo Code as requested by the City, if such exists or is deemed necessary; Any other information required by Staff, Commissioners, or Council Members necessary to provide a complete review of the preliminary plat and associated plans7. Additional items include: Sub: Reg: item: I I 5. Variances: Ilyou are requesting variances in any portion of the submitted Final Plat, the City asks that you list each of the requested variances and provide an explanation as to why each is necessary and cannot be avoided. Additionally, you must provide written answers to the following questions: (I) Identify the unusual hardship on the land that necessitates the variance request; and (2) Explain the nature of the proposed use of land and the existing use of land in the vicinity of the property; and (3) Estimate the number of persons to reside or work in the proposed subdivision; and (4) Indicate the anticipated effect of the proposed subdivision upon traffic conditions in the vicinity. Number of copies, size, and other such administrative details may also be imposed when requiring additional information. 1 2 Final I'lat Applicotion Ilan(/ow Sub: Reg:, 6. Item: Additional Applications: If your request involves a rezoning request, additional applications will be required. Zoning Map Amendment Application ity ry1,4717 Elmo Upon City Council approval of Final Plat, and prior to any construction commencing, a pre - construction meeting must occur for both grading and street utility construction. These meetings may be combined into one meeting provided all items on both check lists are completed. Pre - construction meetings may not occur before the City Council approves the Final Plat and Development Agreement. Checklist for Pre -Construction Conference for Grading I I Payment of Development Fees 2. Issuance of securities on City of Lake Elmo approved form 3. 5. 6. 7. 8. Copy of Certificate of Insurance for both Developer and General Contractor identifying City of Lake Elmo as additional insured on City of Lake Elmo approved form Copy of NPDFS card Grading specifications Proposed construction schedule List of subcontractors and contacts List of materials and suppliers Prior to grading operations commencing, contractor shall install all perimeter erosion control and other required erosion control best management practices and have the site inspected and approved by the City of Lake Elmo's Water Resource Manager. Checklist for Pre -Construction Conference for Streets and Utilities 1. I I Payment of Development Fees 2. 1 Issuance of securities on City of Lake Elmo approved form 13 I-7nol Plat Application Handout 3. 5. 6. 7. 8. Street and Utility Pre -Con Checklist continued: Copy of Certificate of Insurance for both Developer and General Contractor identifying City of Lake Elmo as additional insured on City of Lake Elmo approved form Approved construction plans and specifications. (Note: these may not be the same as the approved Final Plat Street and Utility Plans. Questions about construction plans and specifications should be directed to the City Engineer) Minnesota Department of 1-lealth Watermain Permit Minnesota Pollution Control Agency Sanitary Sewer Extension Permit Proposed construction schedule List of subcontractors and contacts List of materials and suppliers (I I,ok,t [jilt() State Statutes provide City staff with fifteen (15) business days to review an application to determine if it is complete. Applications found to be incomplete will be returned to the applicant. Please contact staff at (651) 747-3900 if you have any questions. Thank you! This handout last updated on 1/8/14 1 4 Boulder Pundo2uu Addition Final PlmtNamrative/Writtem Statement Consisting nfnearly 6Oacres, Boulder Ponds offers auniquely planned mixed -use neighborhood. The variety o[land uses provides aseamless transition tothe existing surrounding areas. From the south, the commercial parcels complement the existing co/nnoorcia|uscs. Moving north, the medium density residential serves tnbuffer the commercial from the lower density single family homes. 5mStreet further provides the separation between the commercial and ccsidcoda| uses. The design concept and goals for Boulder Ponds has generally remained consistent throughout the approval process. &sopposed tothe more standard grid approach, the curvilinear nature ofthe streets isdesigned around the existing topography o[the site, which offers premium lots with maximum open space. Further, the design works tolimit double fronted lots. The oversized Cu|-de-xocs,meandering sidewalks and varying setbacks not only enhance site lines, but also create a quality neighborhood with aesthetically pleasing characteristics. The detached single family lots consist of two types of housing; traditional single family homes and detached Villa homes. The single family homes are geared toward families typically with children with pricing starting around S390,000. The detached Villa product will include association maintained grounds which is largely geared toward empty nesters. Pricing for these start around $360,000. Please refer to attached Typical Elevation and Floor Plans for further details onproduct type. Boulder Ponds will have its own neighborhood thenniog evident inthe oigoagc landscaping and site furnishings. Neighborhood signngewill include monuments clad innatural stone atthe main entry points asshown iothe landscape plan set. Community gathering spaces wilt be located in key areas of Boulder Ponds including a larger centrally located gathering space along jade Trail which will include ashelter, grill and seating. Another area will beill the southerly cui'de'sac to include smaller scale shelter and seating. C0n3iSteuttbenniug in all these elements creates a neighborhood with a stronger sense of identity. The homeowners associations will be responsible for the ownership and maintenance these special features. INCLUDED ATTACHMENTS: Attachment A - Lot Tabulation, Zoning &Density Attachment 8-Tree Study Plan Written Statements a. Landowner's Name(s), Project Representatives and Contact Information. LANDOWNER/ OP4 Boulder Ponds, LLC DEVELOPER c/o The Excelsior Group, LLC 1660 Highway 100 South, Suite 400 St. Louis Park, MN 55416 Ben Schmidt, Vice President 952.525.3225 Ben.Schmicltft ExcelsiorL LC.cwri Deb Ridgeway, Asset Manager 952.525.3223 Deb.Riduewav@ExelsiorLLC.corn ENGINEER SEH Dave Blommel 320.229.4349 dhlommel@sehinc.com SURVEYOR EG Rud Jason Rud 651.361.8200 irudecTrud.com LANDSCAPE Westwood Professional Services ARCHITECT Cory Meyer 952.906.7437 corv.mever@westwoodps.com b. Property Address, Zoning, Parcel Size, PID and Legal Description Boulder Ponds 21d Addition ADDRESS n/a CURRENT LDR - PUD ZONING PARCEL SIZE Acres 5.07 Sq. Ft 22,0795 PID 34-029-21-32-0035 LEGAL DESCR Outlot H, BOULDER PONDS Boulder Ponds 204 Addition Final Plat Application c. Final Subdivision & Lot Information Please refer to ATTACHMENT A Lot tabulation sheet for lot information. d. How issues have been addressed since Preliminary Plat Below are the conditions of preliminary approval per Resolution 2014-73 with responses: 0OMDV1[UON ] The applicant must enter into aseparate grading agreement with the City prior tothe commencement 0fany grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that issubmitted in advance o[aFinal plat, and said plan shall document extent o[ any proposed grading oothe site. Z The developer shall berequired tosubmit anupdated parkland dedication calculation inadvance o[Final Plat. Upon submission 0fthe calculation, the applicant must work with the City \oachieve the required parkland dedication amount per the CiLy'SSubdivision Ordinance. The developer shall be required to pay fee in lieu of land dedication equivalent to the fair market value for the amount of land that isrequired tobndedicated for such purposes iothe City'sSubdivision Ordinance less the amount o[land that is accepted for park purposes bythe City. Any cash iulieu o[land dedication shall hepaid bythe applicant prior tothe release o[the Final Plat for recording. 3 The developer shall follow all the rules and regulations o[the Wetland Conservation Act and adhere to the conditions of approval for the South Washington Watershed District Permit. 4 The applicant will work with the Planning Staff toname all streets in the subdivision in manner acceptable to the City prior to the submission of Final Plat. Modifications to the Preliminary Plat and Preliminary PUD Plans 5 The applicant will work with staff toaddress the comments io the City Engineer's revievvnzeroodated7/Z4/l4tothe satisfaction of the City Engineer as part Vfthe Final Plat and Final PUDPlao. 6 |naddition tostandard easements required bythe Subdivision Ordinance, additional drainage and utility easements must bcprovided extending lOfeet fronn meandering sidewalks, as well asall o[the portion ofprivate lots between meandering sidewalks and the public right-of- way. 7 The landscape plan shall beupdated tolocate all boulevard RESPONSE/STATUS COMPLETE The greeuvvaypark lot will be dedicated with the third phase of development along with trail icuprorzcooutn. PERMIT RECEIVED COMPLETE COMPLETE for 1st phase Where sidewalks encroach onto lots, caocnneotsare shown onthe Final Plat. COMPLETE CONDITION RESPONSE/STAT trees in between the public street and sidewalk to not interfere with private utilities. 8 All islands and medians internal tothe Boulder Ponds HOAdocun000tsspecify that development shall bcplatted aopart o[the debt'of-vvayand public islands and medians shall bemaintained bythe Home Owners Association. The (except SthStreet) are the applicant shall enter into amaintenance agreement with the responsibility o[the HOA. City that clarifies the individuals orentities responsible for any landscaping installed inareas outside ofland dedicated as public park and open space outhe Final Plat. 9 The design ofthe northern buffer trail shall bmmodified toa COMPLETE width of8feet asopposed tothe regional trail standard oflO feet. 10 The eastern segment o[the northern buffer trail shall be COMPLETE moved to the south to the greatest extent possible with plantings toscreen the trail on the north side. Plat Restrictions 11 Prior torecording the Final Plat for any portion ofthe area COMPLETE for the l'�phase. shown inthe Preliminary Plat, the Developer shall enter into aDevelopers Agreement acceptable tothe City Attorney that delineates who is responsible for the design, construction, and payment nfpublic improvements. lZ The Final PODPlan will include adevelopment lot book tn COMPLETE for the l^tphase and clarify proper building placement for use iugranting building will bcdone for the 3»uAddition, permits for the development, as well. e. Site Density Calculation The Lot Tabulation submitted with the l`'phase approvals showed density information far the entire site, In summary: ° The overall gross site density (for all phases oFdevelopment) is calculated at Z.74dwelling units per acre /DDAJ. p Net o[commercial, pondiogand right -of way, the total site density ix calculated at5.l8 D0/\. Phasing of Infrastructure and Other Improvements Grading. Grading for the entire site was completed in 2015. Streets 8c Utilities. Utility and street construction is complete for the l,' phase, with the exception oFthe final lift oFasphalt. The Z»«Addition includes improvements for l8Villa lots. hisanticipated that the lvlift nfasphalt will becomplete nnid'suouooer 2016. Site Amenities. The main monument ou5mStreet and jade Trail iscomplete. The planned monument at the Hudson & jade Trail entrance along with site furnishings and remaining landscaping for the l'tphase will he complete spriogZO16. The 3m/ Addition landscaping will bccomplete August 2O10. Model Homes. All the single family and Villa style lots are under contract with one builder. Model homes for each n[these product styles are complete and currently used to market the site. Future Phases. The last phase ofthe development including the completion of5m Street will occur dependent oil sales. This will likely occur in2O17. g. tow Concerns of Neighboring Properties Have Been Addressed The only concern raised was atthe 20l4public hearing b»aStone Gate Estates neighbor. |twas requested that the trail belocated anfar south aspossible. With some grade adjustments, this has been achieved. h'How Conflicts with Neat -by Land Uses ondlor Disturbances to Wetlands or 0nriberhr8uffer. The future trail between Stone Gate Estates to the north softens the impact ofthe lot sizes between the two neighborhoods. Transition. The future senior housing [K4DQ] provides a transition between the commercial and residential [LDR] uses. 5111Street. 5tbStreet provides aseparation o[the residential neighborhood from the surrounding commercial uses. Supplemental Uses. The Boulder Ponds commercial area compliments the other commercial uses along Hudson Blvd. .Preservation. The existing wetland \sbeing preserved. i. Justification that Proposal will Not Place Excessive Burden mn Infrastructure/n t&wAree Roads /Traffic. Weare participating inthecoostructono[5dbStrozLa regional K4SAroad that runs eaot/vveoL The City o[Lake Elmo has studied the area and determined the new MSAroad will besufficient toserve the new developments ill the area. lnaddition toparticipation with the construction o[5th Street, vveare proposing the construction o{anorth/south road (jade Trail) connecting Hudson Blvd ioSdzStreet. Future turn lanes are shown ouHudson Blvd, which are planned for installation when Hudson Blvd inexpanded. 5evvcc The site has gravity sewer access along Hudson Blvd that isserved bythe regional sewer system. This additional capacity has been accounted for inthe City n[Lake Elnno'oComprehensive Plan. VVaterSupply. Water will beserved byOabda\n'swater supply until Such time the City of Lake Elmo can run its own trunk lines to the wider regional development area. Staff has indicated there insufficient water toserve the development. Parks. /\3.85acre linear park inthe Znuphase 0fdevelopment will connect tothe regional system. Staff has indicated that the trail construction or other related improvement costs may beused asauoffset topark dedication fees. It is understood that the City isnot requiring additional parkland, Fire/Po|ice. The streets vveredesigned tnarcOnnozodatcaladder fire truck. BoulderPonds inprimarily residential, which tends tohave less calls per capita than other property types. .Proposed Lakeshore Access y4/& k. Parks and Open Space Description The linear park located along the northerly property line will be dedicated and improved with a trail and landscaping with the 3"d phase of development. . Development Schedule ° Grading 'COMPLETE ° 2stPhase Utility Installation 'COMPLETE ~ lrtphase street & sidewalk construction (lc'lift) COMPLETE ~ l-51Phase landscape and monument installation - SPRING 3Ol6 ° Znulift asphalt onl`tphase streets - FALL ZO16 ° 2««Addition Improvements (Street & Utilities) -|UCYZOl6 ° 3»uAddition Improvements -2O17(sales dependent) 8wvWv Pon (is 21111A ddition Final Plat Application 7 ATTACHMENT Lot Tabulation BOULDER ��U�U�� U�U� �A�U��U� Lake �U00�� PONDS ~-..~- ..~~~-~.~~'-, ��__ _' Final Plat Lot Tabulation 2/19/2016 SQ PROPOSED LOT BLK FT ACRE LOT TYPE ZONING LOTS I l 9.057 0.2I Villa LDR 2 l 8'00I 0.I8 Villa LDR 3 I f\OlZ 0.I8 Villa LDR 4 I 9'582 0.22 Villa LDR 5 l 5\959 0.23 Villa LDR 6 I 8'783 020 Villa LDR 7 I 8,455 0.19 Villa LDR 8 l 9'080 0.21 Villa LDR 9 I 12,793 0.29 \6Uo LDR 10 I 21,111 O48 Villa LDR ll l 10'190 023 VlUm LDR IZ I 5\331 02I Villa LDR 19 I 8\270 {llB Villa LDR 14 l EL973 <I2I Villa LDR 15 I 8,645 &20 \4Ua LDR 16 I 10,929 O]5 Villa LDR 17 I I0\342 0.24 Villa LDR RIGHT OF WAY 39,735 Right of Way 5.07 TOTAL SITE ACREAGE Boulder Povds Finn IPlatIPUD17o///ng Ameridmonmpphicatio^ ATTACHMENT B Tree Study Plan Al] trees have been cleared from the site, most of which were around the former homestead. A summary of the significant trees surveyed in May 2014 was included with the ist Phase application. Boulder Ponds Final Plat/PUD/Zoning Amendment Application ATTACHMENT C Typical Villa Elevations and Floor Plans Boulder Ponds- Final Plat/PUD/Zoning An7endment Application VILLA FLOOR PLANS Main Level: 1,963 DECK DINETTE DEN/ BEDRM, - FOYER BEDREA. 2 .. ELEL--" I; GREAT RM. e EPORCH rs g gg g gag 2-4 Bedrooms I 3 Baths I 2-Car Garage I 1,936-3,426 sf M. BEDRM. GARAGE GAME RM. FAMILY RM. BAR _Tti,..tt-ttf BEDRM. 3 1 HALL MECH, RM. ... t j tz/ PE-t-tli STOR, •-: :I ft! 11 f;za-zott.nmarrxi_rarxwxce.v.c., Future Basement 1,020 -1,463 sf Pikes, Prtatnotionst, features$ oPflons; amen —Wes* floor plans eleve, la tehomenew specialist for m °rina art als andamenslons are subject of to tinge without name ' , • - • t AI! information is deemed reliable but not guarar4. Please • • = • -- CZOIS Creative Homes. Inc. MN Builder License #6C147667, IN! "ki • • • • 707 Commerce Dr I Suite 410 1 Woodbury, MN 55125 1 651-289-6800 I CREATIVEHCI.COM / Main Level-, 1,791 Sf il M. BEDRM, /\ !|/ i/ l|!>| /i HALL v�/m L*um - -----/ �/ � �r� n -� /- .'-_-_`.- --^ , GREAT RM, � ' IL DEN/ eEomm.z ' | ' |I poRc*| ' ` �'-----'— ! ! �-------�� ' / 0 x-�w � FUTURE / ! asonm. J, -'�- / MECH. RM, 7O7Commerce Dr \ Sxite4l0 1 Woodbury, MN 55125 1 651'289'0800 1 CREAT\VEHCiCOM .'x4 m -n /|[[! �VTV�� FAMILY M FUTURE +Lsxnm. Future Basement 1,326'1.791Sf BOULDER PONDS 2ND ADDITION, Lake Elmo Final Plat Lot Tabulation 2/19/2016 PROPOSE D LOT BLK SQ FTACRE LOT TYPE ZONING NOTES LOTS 1 1 9,057 0.21 Villa LDR 2 1 8,001 0.18 Villa LDR 3 1 8,012 0.18 Villa LDR 4 1 9,582 0.22 Villa LDR 5 1 9,959 0.23 Villa LDR 6 1 8,783 0.20 Villa LDR 7 1 8,455 0.19 Villa LDR 8 1 9,080 0.21 Villa LDR 9 1 12,793 0.29 Villa LDR 10 1 21,111 0.48 Villa LDR 11 1 10,190 0.23 Villa LDR 12 1 9,331 0.21 Villa LDR 13 1 8,270 0.19 Villa LDR 14 1 8,973 0.21 Villa LDR 15 1 8,645 0.20 Villa LDR 16 1 10,929 0.25 Villa LDR 17 1 10,342 0.24 Villa LDR 18 1 9,546 0.22 Villa LDR RIGHT OF WAY 39,735 0.91 Right of Way 5107 TOTAL �.�.."„ ITIE ACREAGE LIE NDS SECO t AD 1 ITIO eac, 1,10 r.doet SIC. ate 3,0”401,9 i4 00/01,, Oa_ rg,"„"gg'' rgtrfr 0*,:0""74g,"ggVg4 1.41,10111 St,,tats. ' LL140 r4 44, 111'0117*, +0 41. 194* 501.... 10,4 ,a4 aniat,..t 0,01Var 04 7774 L'Itv4-44;74-4777777,74.7 "'-' "'" Cr,tr, AL1.10t0. e VI, tprat [4, 0., EASEMENT DETAIL t"0 01,0,1 .170,70W; ,141,,010, ,05.15.0.1 Criun NM{ 5,1, ;WO U, 71; "1, 17 15 BLOC — - . ..1 ,.. 11, VICINITY MAP 11,010.1' ga 1111C11977 1.1.1.1.i. 217/1, RANGE 113V Ca, .1110 ' '7.717E 1.1 s .11 1 79919117 SCALE: c :3 MX 307,1 t 40 Ie. NORTH I. 13 1'f 1 .,. , '., .../i17 t // ;77 1 ,,,,,,,,,,„„,„,,,,,‘:477::"477:-z-,, \ ,, N3,11011.F. t L 0,1115.11111 1.< , \ E. G. RUD & SO "1"" Professional Land Surveyors ��K��D�pdDU�� '"'�'.'��'`'`'"`^^/'"/ Date: April Z1,ZOlG To: Stephen VVensman,City Planner Cc: Ryan Stempski,P.E,Assistant City Engineer From: Jack Griffin, P.E.'[hy Engineer ENGINEERING, inc. CamGehemn' P.E. Jack Griffin, pE. Ryan 5tempskip.E. Chad |sakoon,P.[. 651300.4I61 651.300.4264 651.300.4267 651.300.4283 Re: Boulder Ponds ZndAddition — Final Plat Engineering Review Comments An engineering review has been completed for the Boulder Ponds ZndAddbion. Final Plat/Final Construction Plans were received on March 17, 2016. The submittal consisted of the following documentation: w Boulder Ponds 2nd Addition Final Plat, dated March 2, 2016, prepared by E.G. Rud & Sons, Inc. * Boulder Ponds 2nd Addition Construction Plans dated March 16, 2016, prepared by SEH, Inc. ° Boulder Ponds Landscape Plans, dated March 17, 2016, prepared by Westwood Professional Services, STATUS/FINDINGS: Engineering review comments have been provided in two separate memos; one for Final Plat approval, and one to assist with the completion of the final Construction Plans. Please see the following review comments relating to the Final Plat application. FINAL PLAT: BOULDER PONDS 2*mADDITION ° Final Construction Plans and Specifications must be revised in accordance with the Construction Plan engineering review email dated April Z' 2016and any subsequent engineering review completed upon receipt ofupdated construction plans. • Final Construction Plans and Specifications must be prepared in accordance with the City Engineering Design Standards Manual using City details, plan notes and specifications and meeting City Engineering Design Guidelines. ° All easements as requested by the City Engineer and Public Works department shall be documented on the Final Plat prior to the release of the Final Plat for recording. Easements may need to be revised pending review by the City of a detailed right-of-way boulevard plan. Boulder Ponds 2nd Addition includes meandering sidewalks which, when implemented, does not comply with the City standard boulevard layout. Therefore an alternate boulevard layout plan must detail the proposed changes for City review and approval and easements must be amended as necessary to accommodate all right-of-way infrastructure, including sidewalk location, boulevard trees, hydrants, street lights, street signs, water and sewer service stubs, and location for the private utility trench. • All OudNs to be owned by the Ot\\ all easements and all right-of-way as requested by the City Engineer and Public Works department shall be documented an the Final Construction Plans, * Final Plat should be contingent upon the [by receiving copies of fully executed temporary construction easements o/ property owner permissions in a form acceptable to the City Attorney that allows for the construction and grading activities for all work off -site from the proposed Plat limits. PAGE 1 of 2 Final Plat should be contingent upon receipt and City Attorney review of any agreements between the Developer and the 8P Pipeline easement area and the Xce| Energy Transmission Easement area, demonstrating that said agreements mnoway unacceptably encumbers the City. FINAL CONSTRUCTION PLANS &SPECIFICATIONS w No construction for Boulder Ponds 2"*Addition may begin until the applicant has received City Engineer approval for the Final Construction Plans; the applicant has obtained and submitted to the City all applicable permits, easements and permissions needed for the project; and a preconstruction meeting has been held bythe [bysengineering department. • The construction plans, landscape plans and grading plans must incorporate acomplete project, including completion, aspart of the Boulder Ponds 2nd Addition, of the infiltration basins and wetland areas within OuUcts G and |, including the installation of dei/ki|ms and any soil corrections. The plans must also incorporate an ena\un and sedimentation control plan specific to the work to be completed for the Boulder Ponds 2ndAddition. • Landscape Plans must be prepared to identify the specific improvements to be completed with the Boulder Ponds 2ndAddition including plantings and restoration within Out|ots G and i • The Final Plat shall not be recorded until final construction plan approval is granted. • Aseparate memorandum has been provided, dated April 2, 2016to direct additional plan corrections necessary for final construction plan approval, PAGE 2 of 2 Station #1 3510 Laverne Ave. No, Lake Elmo, MN 55042 651-770-5006 LAKE MO FIRE DEPARTMENT March 24, 2016 Station #2 4259 Jamaca Ave. No. Lake Elmo, MN. 55042 651-779-8882 Review of the FINAL PLAT, BOULDER PONDS SECOND ADDITION, (Jade Way No.) Following a review of the packet provided, I would like to address the following: Signage as it relates to "NO PARKING" looks good. Hydrant placernent/spac ing meets requirements. Sincerely, Greg Malmquist, Fire Chief "Proudly Serving Neighbors & Friends" LANDSCAPE ARCHITECTURE INCORPORATED BOULDER PONDS PHASE 1, 2 & 5TH STREET - DESIGN REVIEW LAKE ELMO, MN LANDSCAPE ARCHITECTURAL DESIGN REVIEW DATED APRIL 20TH, 2016 REVIEWED PLAN SET DATED MARCH 17TH, 2016 Landscape Plans are Approved (with condition below - Item # 1) Required Items still in process by Boulder Ponds Project Team 1. Landscape irrigation plans dated 04 15 2016 have been submitted by Northway irrigation on behalf of your project team with City review in process for all commonly held HOA & City Outlots / R.O.W. areas. SINCERELY, LANDSCAPE ARCHITECTURE, INC. STEPHEN MASTEY, ASLA, CLARB, LEED AP 2350 BAYLESS PLACE. ST, PAUL, MN • 55114 PHONE: 651,646.1020 • EMAIL: STEPHEN@LANDARCINC.COM TI CITY (.)F, LAKE ELMO MAYOR AND COUNCIL COMMTJNICATION DATE: 5/17/16 CONSENT ITEM #: 19 MOTION AGENDA ITEM: Boulder Ponds 2nd Addition Developer Agreement SUBMITTED BY: Stephen Wensman, Planning Director REVIEWED BY: Jack Griffin, City Engineer BACKGROUND: OP4 Boulder Ponds, LLC has requested Final Plat and PUD Plans approval of Boulder Ponds 2nd Addition in a subsequent agenda item for the May 17, 2016 City Council meeting. The Developer and City Staff is requesting approval of the attached developer's agreement pertaining to the Boulder Ponds 2"d Addition Final Plat. The agreement has been drafted based on the agreement template previously reviewed by the Council and the agreement that was executed for other residential subdivisions. ISSUE BEFORE COUNCIL:. To approve Resolution 2016-42 approvingapprovingthe Developer's Agreement for Boulder Ponds 2nd Addition. PROPOSAL DETAILS/ANALYSIS: One of the conditions of approval for the Boulder Ponds 2" Addition Final Plat specifies that the developer enter into a Developer's Agreement prior to the execution of the plat by City officials. The attached draft agreement is consistent with the City's developer agreement template. The key aspects of the agreement include the following components: That all improvements to be completed by October 31, 2017. That the developer provide a letter of credit in the amount of 125% of the total cost of the proposed iinprovements. The construction estimates provided have been reviewed by the City Engineer and found to be accurate. The necessary letter of credit to secure the construction activity and expenses will be S533,844 for the 2nd phase of the Boulder Ponds development. That the developer provide a cash deposit of $158,708 for SAC and WAC charges, engineering administration, one year of street light operating costs, park land dedication fee, and other City fees. City Council Meeting May 17, 2016 Consent Agenda Item No park dedication is required with this plat, however, future land dedication is required in the 3I phase of the development. FISCAL IMPACT: Direct Payments to Developer- None. Future financial impacts of the development include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after two years), maintenance of the landscaping in public areas, monthly lease payments for 2 street lights, and other public financial responsibilities typically associated with a new development. RECOMMENDATION: Based on the above Staff Report, Staff is recommending that the City Council approve the Developer's Agreement for Boulder Ponds 2nd Addition and that the Council direct the Mayor and Staff to execute this document once the financial security and cash requirements have been received. The suggested motion to adopt the Staff recommendation is as follows: "Move to adopt Resolution 2016-42, approving the developer's agreement for the Boulder Ponds 2nd Addition planned residential development. ATTACHMENTS: . Resolution 2016-42 2. Boulder Ponds 2"d Addition Development Agreement 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-42 A RESOLUTION APPROVING THE DEVELOPER'S AGREEMEN7' FOR THE SECOND PHASE OF THE BOULDER PONDS PLANNED RESIDENTL4L DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, OP4 Boulder Ponds, LLC, 11455 Viking Drive, Suite 350, Eden Prairie, MN ("Applicant") has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for Boulder Ponds; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Boulder Ponds at a meeting held on September 16, 2014; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2016- on May 17, 2016 approving the Final Plat for Boulder Ponds 2nd Addition; and WHEREAS, A condition of said Resolution No. 2016- 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 May 17, 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 Boulder Ponds 2nd Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 17 day of May 2016 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk ^,mnrx16vrecording oilo,mxw/ DEVELOP��F CONTRACT 'x`�~n�n ��u�n��x�m�n(Public sewer and water) �� Ponds Addition AGREEMENT dated , 2 016, by a n d between the CITY 0 F LAKE ELMO a Minnesota municipal corporation ("City"), and OP4 Boulder Ponds (the "Developer"). 1 REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Boulder Ponds 2»«Addition (referred to in this Contract esthe "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A 2. CONDITIONS OF PLAJ' APPROVAL. The City hereby approves the plat nncondition that the Developer enter into this Cuntns(t, furnish the security required by it, and n*onnj the plat with the County Recorder or Registrar of Titles within (1180) 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 |ines, strents, uU|ities, public orprivate innprovenomntn, orany buildings until all the following conditions have been satisfied: 1)this agreement has been fully executed by both parties and filed with the City Clerk, 2\the necessary security has been received bythe City, 3)the plat has been recorded with the Washington County Recorder's Office. and 4) the Citv'n Planning Director has issued a letter that all conditions have been nadsfied, a pneconntruction conference has been he|d, and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat is a phase of o 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 nuUots, if any, in the plat that are designated in on approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the out|ots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat in a phase of 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 b|ocks, notnudote. within five (5) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two /2\ years from the date of this Conboct, no amendments to the Cih/'o Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final p|ui unless required by state or federal |avv or agreed to in writing by the City and the Developer. Theroofter, notwithstanding anything in this Contract to the cnnirary, to the full extent permitted by state law, the City may require compliance with any amendments to the Citv/s Comprehensive P|an, official controls, platting or dedication requirements enacted after the date ofthis Contract. 7. DEVELOPMENT PLANS' The plat shall be developed in accordance with the following plans and at the Developers nV|e expense. The plans shall not be attached to this Contract, If the plans vary from the written terms of this Contnaot, the written terms shall control. The plans are: Plan A- Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C-Tree Preservation and Reforestation Plan Plan D'Plans and Specifications for Public Improvements Plan E Street Lighting Plan Plan F'Landscape Plan XK8PRK3VEK8EhJl[S. The Developer shall install and pay for the following: & Streets B. Sanitary Sewer C. VVatemnain D. Surface Water Facilities (pipe, ponds, rain gardens. etc.) E. Grading and Erosion Control F. Sidewalks/Trails G, Street Lighting H. Underground Utilities |. Street Signs and Traffic Control Signs J. Landscaping K� Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required byMinnesota Statutes NMiscellaneous Facilities The improvements shall be installed in accordance with the City subdivision ordinance and the Citvs Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by competent nngintenaU 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 |ava| 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 Qty'o discretion and at the Developer's mxpense, 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 REY2:04182016 3 and the Developer's contractor. The Developer 0rhis engineer shall schedule a n meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City e\aff, 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 e |io( of conheo1nro 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 Contnaot, 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. 0. 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 54. 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 After3O 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 ohnervaUon, consultation with the Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty pnrimd, and processing of naquontn for reduction in security. Construction observation may be performed by the City'n in-house staff nrconsulting engineer. Construction observation shall ino|ude, 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, 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. The Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior tothe 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. The Developer will notify the City Engineer at such times during construction as the C}h/ Engineer requires for inspection purposes. Such inspection in pursuant to the City'o governmental outhority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission nnennbero, and corponadonn, partnorshipn, 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. Riaht-of4WayExcavations and Obstructions: ° City 0fLake BrnO. Right-Of4W8yUtility |not@Uodon/o\ ° City of Lake Elmo, Rig ht+of4Wny{]bstnuction(s) ~ Washington County, Utility |nntmUahono(s) ~ Washington County, Street orDriveway Access(s) ° Minnesota Department ofTransportation, Utility Installation ~ Minnesota Department ofTransportation, Righd'of4WayPermit B. VVa\ennain Extensions: . Minnesota Department of Health C� 3onderySewer Extensions: ° Minnesota Pollution Control Agency ° Metropolitan Council Environmental Services D. StonnvvaterManauemnnK: . Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: ° Minnesota Pollution Control Agency, General NPIDES3k/nnvvaterPermit ~ SVVPPP(StormvvaterPollution Prevention Plan) nEv2:04"182016 5 F. VVeUand�W�gat�n:Board of Water and Soil Resources, WCA G. ConstnuchonDevvahahnq: ~ Minnesota Department ofNatural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31. 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 semoon, consistent with warranty requirenoento, however final acceptance of the improvements will not be granted until all work in completed including the final wear course. The Developer may, hnvvover, request an extension of time from the City� If an extension is granted, it oho|| 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 ofthe City Engineer. 13. LICENSE. The Developer hereby grants the City' its agents, ennp|oyees, officers and contractors alicense 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 gnading, public utility oonshuohon, and street construction is nmathotod to access the subdivision via Hudson Boulevard and Jade Trail North. 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 o 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 nneonunsb|e points defined in the following paragraphs 10. 17ond 18. 16. EROSION CONTROL. Prior to initiating site Onading, the erosion control plan, Plan B. KFv2:wu|xoo|u 6 shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the ptat, with all watershed district pennkn 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 an<ion, 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 after submitting an invoice for such costs. the City may draw down the security to pay any costs. No deve|npnnent, 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 a||nvved 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 Qty'n building permit requirementn, or as required by the City orCity Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B" The plan oho|| conform to the Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal ofthe as -constructed grading plan. A. Within thirty /30> days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a naOinten:d land surveyor or engineer that all ponds, swa|eo, 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: e\ cross sections of ponds; b) location and elevations along all svva|es, emergency overf|omm, w/eUando, wetland mitigation areas if any, ditches, locations and dimensions ofborrow ereas/stonkpi|ms; o\ lot corner elevations and house pads; and d> top 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 nnwens, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "U"The plan shall conform to the City'n Engineering Design and Construction Standards K4enuei Curb and gutter and the first lift of the bituminous ntnsnts, sWevva|kn, 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 on inspection of the initial improvements. The City will then schedule a walk- through to create o punch list of outstanding items to be completed. Upon receipt of the vvrh1an punch list provided by the Qty, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course aho|| be installed in accordance with paragraph 12above. 19. STREET MAINTENANCE D0R|y4KS CONSTRUCTION. The Developer aho|| be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs shall be placed when hazards develop in streets to prevent the public from 1navoUnO 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 connp|obnO 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 did and debris that may spill, <rock, or wash onto the street from the Developer's operation. The Developer may request, in vvrding, that the City keep the streets open during the winter months by plowing onnvv 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 ncv2: 04/|x2016 S the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a nnininnunn, scraping and sweeping shall bake place on a weekly basis. A copy of this contract shall he 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 U&8p»ROVEKUEfATS' 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 sot of reproducible "record" plans, an electronic file of the "record" plans in accordance with the Chy'n 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 Qty. Upon receipt of "record plans" and offidav|to, and upon review and verification by the City Engineer. the City Engineer will accept the completed public improvements. 21. PARK DEDICATION. The Developer shall dedicate 1.77 acres of park land comprised of that the portion of the northern greenbelt park not within the Xcel Energy easement with the third phase of the development. Fono in lieu of land dedication was paid an part of the Boulder Ponds Development Contract. 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 vvahar mvoUabi|hv charges NVAC\ with respect to the Improvements required by the City and any state nrmetropolitan 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 $54.000.00, The water availability charge NVAOinthe amount of $3.00I0per REUshall bepaid by the Developer priorto the City recording the final plat. The total amount tobcpaid by the Developer is $54.000.00, In oddition, a sewer connection charge in the amount of $1.000.00 perREU. e Met Council sewer availability charge in the amount of$2.485.00 per REU, and e 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. The Developer is responsible for the cost of for the installation of traffic control signs. The traffic control signs shall be installed in accordance with the City subdivision ordinance and the City'n Engineering Design and Construction Standards Manual and pursuant tothe direction ofthe City Engineer. 24. STREET LIGHTS. The Developer is responsible for the onnt of street light installation consistent with o street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post n security for street light installation consistent with the approved plan. The required security is $12.000 and consist of one (2) decorative lights at $6000 each. The Developer shall also pay $258 in payment of the first year operating costs for street lights. 25. WETLAND M|7[|GAJ'UOyN. The Developer shall complete wetland nniU8aUVn/rontoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If the mitigation work is hound 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, ourbing, and one lift ofasphalt shall be installed on all public and private streets prior to issuance of any building pemnits, except one model home on a lot acceptable to the Planning Director. B. Prior to issuance of building pnrnnitn, wetland buffer monuments shall be placed in accordance with the City'o zoning ordinance. The monument design shall be approved by the nEvz: (W|S/o0|^ 10 Community Development Department. C. Written corbJcation of the as -constructed grading nnue< be on 0e at the City for the phase of the development. D. Breach of the terms of this Contract by the Umve|oper, 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. U building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in cnnnp|oUon of public improvements and damage to public improvements caused by the City. Omve|nper, its ountnac\ors, subcontnacbzrs, mabaria|men, ennp|oyeeo, agentn, or third parties. F. Nosewer and water connection permits may beissued until the streets needed for access have been paved with a bituminous surface and the utilities are basted 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 woh*r, curbing, and One lift ofasphalt 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 phase of the development. This requirement does not allow for the development tnbephased for some lots. 27. RESPONSIBILITY FOR COSTS. A. |nthe event that the Ob receives claims from labor, mwteho|men, or others that work required by this Contract has been perfonnod. the sums due them have not been paN, and the |abonans, mateha|men, or others one seeking payment from the Chv. the Developer hereby authorizes the City to cornnoenm* an |nharp|eaderaction pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters ofcredit in an amount up to 125 percent of the c\o\nn(o) and deposit the funds in compliance with the Ru|e, and upon such deposit, the Developer shall re|eeae, disoha/ge, and dismiss the City from any further proceedings as it pertains to the letters nfcredit deposited with the District KEv2 *41"18`2016 11 Court, except that the Court shall retain jurisdiction to determine attorneys'fees pursuant hzthis Contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the p|et, including but not limited to legal, p|anning, engineering and inspection expenses incurred in connection with approval and acceptance of the p|at, the preparation of this ContnacJ, review of construction plans and docurnmnts, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and duo 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 offima,s, ennp|oyeea, and agents harmless from o|einns 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 officern, ennp|oyeeo, and agents for all costs. damages, or expenses which the City may pay or incur in consequence of such doinnn. inc|udingattornnyo'fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and a#ornmys'f*en. 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, orany part ofit. 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 o late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies ofdetailed invoices of the work perfornned 28' SPECIAL PROVISIONS. The following special provisions nhm|| apply to plat development: & Implementation of the recommendations listed in the April 21.2O1O Engineering memorandum. xev2:04//8,12016 B. The Developer must obtain a sign permit from the City Building Official prior to installation ofany subdivision identification signs. C. The Developer shall enter into a landscape license agreement that identifies required management of landscaping and individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on 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 J the Developer sells one n/more lots, the entire plat, orany part ofit. B. Retaining walls that require o building permit shall he constructed in accordance with plans and specifications prepared by e structural or geoteohnico| engineer licensed by the State of Minnesota, Following construction, 8 certification signed by the design engineer ohoU be filed with the City Engineer evidencing that the retaining vvaU was constructed in accordance with the approved plans and specifications. All retaining walls identified onthe development plans orbyspecial 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 Uocunnenks, covenants and neothcdons, an approved by the City Attorney, ahnU be filed with the final plat. No third - party beneficiary is hereby conferred, O. Developer shall take out and maintain orcause to be taken out and maintained until six (8) 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 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 eho|| be not less than $5OO.00Ufor one person and $1.000.000 for each occurrence; |inni1n for property damage nhe|| be not |eno 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 begiven thirty (3O)days advance written notice ofthe cancellation ofthe insurance. E. Third parties shall have norecourse against the City under this Contract. F. If any portion, sen1ion, ouhoection, sonbance, dmuSe, panognaph, or phrase of this Contract infor any naoaon held invm||d, such decision shall not affect the validity ofthe 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 he Nnding, amendments or waivers shall be in vvhUng, signed by the parties and approved by written resolution of the City Council. The CUv'n failure to pn/nnpUy hskm 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 Contrect, in the form attached heneto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach ofthe foregoing covenants. |. Each riOht, power orremedy herein conferred upon the City is cumulative and in addition to every other right, power or nannedy, express or inop|ied, now or hereafter arising, eve||ab|o 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 he 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 ofthe right to exercise at any time thereafter any other right, power orremedy. J. The Developer napnaoonts to the City that the plat complies with all oity, onunty, nnetrnpo|itan, state, and federal laws and regu|oUuns, including but not limited to: subdivision onjinanneo, zoning ord(nancen, and environmental regulations. If the City determines that the p|m< 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 ohoU he "Events of Default" under this Aonsennend and the term "Event of Default" shall nnean, whenever it is used in this Aonscrnent, any one or more of the following events: A. Subject to unavoidable de|ays, failure by the Developer to cnnnnnenoe and complete construction of the Public Improvements pursuant to the tnrnns, conditions and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation oraQreannentonhsparttobenboemedorperformedunUerUliaAonaemont. 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 nfthe Chv. may take any one ormore ofthe following: A. The City may suspend its performance under the Agreement until it receives assurances from tho Devm|oper, deemed adequate by the City, that Developer will cure its default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits inc|uding, but not limited to, building permits. B. The City may initiate such action, including legal or administrative ocUon, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from the Oeve|oper, or immediately draw on the Letter of Cnedit, as set forth in this Agreement. 32. ENFORCEMENT BY CITY; DAMAGES, The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Devo|oper, by action for specific performance or domagou, or both, or byany other legally authorized means. The Developer also acknowledges that its 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 Developer, the City may commence legal action to recover all dannaOna. |nsnen and expenses sustained by the City; and that such expenses may include, but are not nEvIiW|G�U|O 15 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 nnatedo| 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 na|oVng to street conntruoVon, including concrete curb and gu#er, 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 amnno construction season as the bituminous base course. In those instances, the Developer shall guarantee all vvurh. including street cnnstrucdon, concrete curb and gutter, sidewalks and trai|s, 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 two growing seasons following installation. 34. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this mgreennenk, payment of special aaoassnocnto, payment of the costs of all public irnprovenments, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of cnadit, in the form attached here&o, from a hank, cash escrow or m combination cash escrow and Letter of Credit (''necurity") for $535.844.The amount ofthe security was calculated anfollows: CONSTRUCTION CATEGORY: COST 125% 1, Grading N/A 2. Sanitary Sewer $73.000 $91'250 3. VVoternnain $67.000 $83.750 4 Storm � `� $395OO �49575 and ou�aUpipes) ' ' 5. Streets $84.175 $105.210 5. Trails and Sidewalks 7. Surface Water Facilities (infiltration basins, biV retention basins, rain gardens, $13.000 $18.250 etc.) 9. Street Signs and Traffic Control Signs $1,600 $2000 10, Private Utilities /e|e natural gas, telephone, and cable) 11.Lendacaping (To bncoordinated bvthe Developer) 12. Tree Preservation and Restoration N/A 13.Wetland Mitigation and Buffers $1.000 $1.250 14.K4onunnonts $1.800 $2.250 15.Erosion and Sedimentation Control $36.550 $45.813 1O.Miscellaneous Facilities N/A 17.Developer's Record 0/avvnga $2.500 3.125 CONSTRUCTION SUBTOTAL $427'075 N/A TOTAL PROJECT SECURITIES (at ^ N/A $533844 Construction Costs) This breakdown is for historical reference; it is not 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 securhv, without notice, for any violation of the banns 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 m]nnp|8ted at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is dnsvvn dovvn, the proceeds shall beused tocure the default. 35. 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 with the approved plans and specifinationn, and terms of this Agr*onlont, and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the security nsfollows: a. Upon completion of grading operaUons, including temporary site reotVradon. Developer shall submit an as -built grading survey to the City that at a minimum establishes the as -built 17 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 $0.00, 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 na|eoned 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 $131,250 may be released when all sanitary sewer and vvaternnain utilities have been instoUed, all testing and televising has been successfully Cunnp|eted, sanitary eevvar as -built inverts have been verifiod, and the utilities are considered ready for use bythe City Engineer. d. Construction Categories 4 and 5: The amount of $115,945 may be released when all otnemts, and storm sewer have been installed and tested, and have been found to becomplete tothe satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as -built inverts, but not including the final wear course. e. Construction Categories 6-18: The amount of $153.188 may be released when all remaining Developer's obligations under this Agreement have been completed including: (1) bituminous wear course. (2) otnaa< lighting and private utilities, (3) sidewalks and trails, /4\ bio retention facilities, (5) iron monuments for lot corners have been installed, (J)all financial obligations tothe City satisfied, (4) the required "rcoord" 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 bdnvv 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) all financial obligations tnthe 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 specificationa. KEv2:04118,12016 is and terms of this ARreennent, 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 tnexceed fifty percent (5OY6)ofthe initial security amounts. h. It is the intention of the parties that the City at all 1innen 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 Agreoment, including fees or costs due to the City by the Oeve|op*r. To that end and notwithstanding anything herein to the conbary, all requests by the Developer for o reduction or release of the Letter of Credit aho|| be evaluated by the City in light of that principle. 36. SUMMARY OF CASH REQUIREMENTS. The following in 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) $54.000 Water Availability Charge (WAC) $54.000 Park Dedication N/A Street Light OpenatingFee $258 City Base Map Upgrading ($25.00per REU) $450 City Engineering Administration Escrow $50.000 TOTAL CASH REQUIREMENTS $158,708 37' NOTICES. Required notices tothe Developer shall be in vvhUnO, and ohwU be either hand delivered to the Devo|oper, its employees or agents, or mailed hothe Developer by certified nnaU at the following addnaan:1560 Highway 1003outh. 3uite4UO. St, Louis Park' MN 55416. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City bycertified mail in care of the City Administrator n1 the following address: Lake Elmo City Ha||, 3800 Laverne Avenue N. Lake Elmo, Minneno{a55O42. 38. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an ettorney's title opinion or title insurance policy dated not earlier than thirty (3O)days prior tothe execution ofthe plat. Kfvl: 041}8/2016 19 CITY OF LAKE ELMO BY: Mike Pearson, Mayor (SEAL) REV2: 04/ 8/201 20 AND BY: STATE OF[W|NNESOTA COUNTY OF WASHINGTON Its Julie Johnson, City Clerk The foregoing instrument was acknowledged before nnn this day of 2015. by Mike Pearson and byJulie Johnson, the Mayor and City Clerk of the City of Lake E|nn0' G Minnesota municipal norponadon, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OFM|NNESOTA \ / ss, COUNTY OF ) The foregoing instrument was acknowledged before me this of NOTARY PUBLIC DRAFTED BY: City ufLake Elmo 38VOLaverne Avenue North Lake Elmo, MIN 55042 of FEE OWNER CONSENT DEVELOPMENT CONTRACT TO . foe owners of all or part of the subject property, the development nfwhich is governed by the foregoing Development Contnact, offinn and consent tnthe provisions thereof and agree to be bound by the provisions as the same may apply ho that portion ofthe subject property owned bythem. Dated this day of STATE OF[N|NNE8DTA COUNTY OF by .201O. The foregoing instrument was acknowledged before mnthis day of ,206, DRAFTED BY: City ofLake Elmo 380VLaverne Avenue North Lake Elmo, MN 55042 NOTARY PUBLIC 22 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 , 2016. STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REVI 04/18/2016 23 CONTRACT PURCHASER CONSENT TODEVELOPMENT CONTRACT ' which/who has contract purchaser's interest in all or port of the subject proporty, 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 2016, STATE OF[N|NNEOOTA ) (as. COUNTY OF. \ The foregoing instrument was acknowledged before me this day of 2O10.by NOTARY PUBLIC DRAFTED BY: City nfLake Elmo 3808Laverne Avenue North Lake Elmo, MN 55042 (651)747'3901 Ksv2: 04/18/2016 24 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Outlot H, Boulder Ponds REV2: 04/1S/2016 25 IRREVOCABLE R��FK�RED8T — ' ' TO. City of Lake Elmo Dear Sir nrMadam: VVehereby issue, for the account of OP4Boulder Ponds, LLCand inyour favor, our Irrevocable Letter of Credit inthe amount cd$533.844.08.available hzyou byyour draft drawn onsight onthe undersigned bank. The draft must: a) Bear the clauna, "Drawn under Letter ofCredit No. . dated . 2 . of (Name ofBank) ^; b)Besigned bythe Mayor orCity Administrator cfthe City ofLake Elmo. o) Be presented for payment at (Address of Bank) . on or before /kOO p.m. on November3O. This Letter of Credit shall automatically renew for successive one-year terms unless, ot least forty-five(45) days prior Uzthe next annual renewal date (which shall be Nnvmmber3O 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 ifsent by certified moi|, postage prepaid, and deposited in the U.S, Mail, at least forty-five (45) days prior to the next annual renewal date addressed an follows: City Administrator, City HoU, 5800 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 ofCredit 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 ofCredit is not assignable, This is not Notation Letter of Credit. More than one draw may be made under this Letter ofCredit. This Letter ofCredit shall be governed by the most recent revision of the UnUbon Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. VVehereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation, Its 26 AGENDA ITEM: SUBMITTED BY: REVIEWED BY: BACKGROUND: MAYOR AND COUNCIL COM DATE: 5/17/16 CONSENT ITEM #: 20 MOTION N CATION An exception to Section 154.406, D to allow accessory structure closer to front lot line than principal structure. Stephen Wensman, Planning Director Kristina Handt, City Administrator Emily Becker, City Planner Mae Vue and Jeerasak Poophakumpanart, the owner of a 40 acre parcel at 2675 Legion Avenue, are requesting an exemption from the requirement that accessory structures be located no closer to the front lot line than the principal structure. The City of Lake Elmo Code, Section 154.406, D. prohibits accessory structures from being located closer to the front lot line than the principal structure unless by Resolution of City Council, an exception is granted. The owners are requesting such an exemption, ISSUE BEFORE COUNCIL: Approve Resolution 2016-43 to grant an exemption to allow an accessory structures to be located closer to the front lot line than the principal structure. PROPOSAL DETAILS/ANALYSIS: The owners of 2675 Legion Avenue, recently constructed a home on the northwest corner of their property, more or less on the high point of the property. Access to their property is from a long driveway that extends over an unbuilt Legion Avenue right of way, to the south of the property. The City Council recently granted an encroachment to the Legion Avenue right of way for their driveway in order to allow the construction of the driveway on the Legion Avenue right of way, providing access to the property. Although the property access is to the south, the front property line is along the Legion Avenue easement on the west side of the property. This unbuiltLegion Avenue easement is 41.48 foot wide, at present, too narrow to construct a street without additional right of way frotn the property to the west. There are no plans to construct an extension of Legion Avenue, nor are there any public utilities planned for the easement at this time. The owners would like to locate an accessory structure to the south and west of their home, closer to the front property line than the principal structure. The new accessory structure would be located 25' from the Legion Avenue easement. The home is located 68.4 feet from Legion Avenue easement (the front property line). FISCAL IMPACT: None OPTIONS: City Council Meeting To deny or approve. RECOMMENDATION: May 17, 2016 Consent Agenda Item #20 Staff recommends the City Council approve Resolution 2016-43 approving an exemption to allow an accessory structure closer to the front property line than the principal structure. If this item is removed from the Consent Agenda, Staffrecommends the following motion: "Move to recommend approval of Resolution 2016-43 approving rut exemption to allow an accessory structure closer to the front property line than the principal structure at 2675 Legion Avenue". ATTACHMENT: • Resolution 2016-43 • Site Plan/Survey 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-43 A RESOLUTION APPROVING AN EXEMPTION FROM CODE SECTION 154.406, D 70 ALLOIV AN ACCESSORY STRUCTURE CLOSER TO FRONT PROPERTY LINE T1L4N PRINCIPAL STRUCTURE. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the owners of a residential property at 2675 Legion Avenue, Mae Vue and Jeerasak Poophakumpanart would like to construct an accessory structure to be located closer to the front property line than the principal structure; and WHEREAS, the City of Lake Elmo Code of Ordinances, Section 154.406, D prohibits accessory structures closer to front property lines than the principal structure unless an exemption is granted by City Council resolution; and WHEREAS, the City Council considered the said matter at its May 17, 2016 meeting; and NOW, THEREFORE, based on the information received, the City Council makes the following: FINDINGS 1. The proposed accessory structure will comply with the City's accessory structure ordinances and zoning district regulations, with the exception as approved by this Resolution. The proposed accessory structure location has been reviewed by the City Staff and the City Engineer and the location appears to poses no threat, nor impact any City project or plans. The proposed accessory structure will pose no threat to the health, safety and welfare of the public. BE IT RESOLVED THAT the City Council does hereby approve the exemption from the front property setback, complying with Section 154.406, D of the City of Lake Emo's Code or Ordinances. This resolution was adopted by the City Council of the City of Lake Elmo on this 17th day of May, 2016, Resolution 20 16-43 Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016-43 Fl -for- Kootenia Homes of Vue Residence LEGAL DESCRIPTION NOTES IICAI DESCRIPTION OF PROPOSED DRAINAGE EASEMENI IECAL DE LEGEND ARSEN ACCESS EASEMENT IMPERVIOUS AREA CALCULATIONS STORM WATER MANAGEMENTNOTES G. Win & SONS. INC. Professional Land Surveyors 6776 Lake Drive NE, Suite 110 Lino Lakes, MN. 55014 (651) 361.5M Fnr 14511 J6I.6)CI PLO ENCIIILEAIN41NC. NIO rat n1 NORTH 15842 HS THE (..)F I A.KE ELMO AGENDA ITEM: SUBMITTED BY: REVIEWED BY: BACKGROUND: MAYOR AND COUNCIL COMMUNICATION Planning Department 2016 Work Plan Stephen Wensman, Planning Director Emily Becker, City Planner Planning Commission DATE: 5/17/16 REGULAR ITEM #: 21 MOTION Every year, the Planning Staff and the Planning Commission prepare an annual workplan for the Department. The 2016 workplan got a late start this year with all the staff changes and workload. The Planning Departments work plan for 2016 was prepared by reviewing the 20 5 workplan and with input from the Planning Commission. The Council typically reviews the work plan and provides comments as needed about Department tasks and priorities. The primary intent of the work plan is to help prioritize the projects the Planning Staff and Planning Commission will be reviewing over the course of 2016, and to also help keep the Commission informed about the internal planning related activities and projects that will be undertaken by the Staff over the coming year. This is a working document that provides guidance to the Commission and Council yet has the flexibility to respond to priorities as they emerge. It will also help the Commission and Planning Staff to gauge its progress at achieving some of its goals for the year. ISSUE BEFORE COUNCIL: Review and provide comment regarding Planning Department tasks and priorities for 2016 as needed. PROPOSAL DETAILS/ANALYSIS:. None FISCAL IMPACT: Not yet specified. Certain items on the work plan may require outside assistance, such as the zoning code codification and work on a form based code. Staff will seek Council direction as appropriate prior to utilizing such assistance. RECOMMENDATION: City Council Meeting May 17, 2016 Consent Agenda Item 1121 This item has been placed on the Consent Agenda for Council approval. If the City Council wants to discuss the workplan, or to modify it, the Council can move the agenda item to the regular agenda then accept the work plan with modifications. If on the regular agenda, the Staff and the Planning Commission recommended the following motion: "Move to accept the 2016 Planning Development Department Work Plan as amended" ATTACHMENTS: 1. 2016 'Planning Development Department Work Plan 2 2016 Planning Department Work Plan Prepared by the Lake Elmo Planning Commission: 4/25/16 Accepted by the City Council Status Completion Goal (CG) PL I Project and Description Key TI IF. CITY OF LAKE ELMO C — Complete IP — In Progress A — 0 to 3 months B — 3 to 6 months C — 6 to 9 months D — 9 to 12 months Priority Level (1-5 with 1 being the highest priority) ZONING INITIATIVES CG PL Status Zoning Map Updates • Update Zoning Map to change Village parcels to VMX consistent with the Comprehensive Plan B 2 • Implement zoning map changes for specific developments in B 2 the Village and 1-94 Corridor. Zoning Text Amendments (Zoning Code Update) • Codify Zoning Ordinance D 1 • General performance standards B 1 • Specific development standards C 4 • Public Facilities ordinance amendments B 1 • Tree Preservation Ordinance perfecting amendments C 3 • Home Occupation Ordinance B 2 • Amend LDR Setback Requirements A 1 • Landscape Ordinance Amendment D 5 • Outdoor Lighting Ordinance Revisions D 3 • Outdoor Wood Burning Furnaces D 5 • Revise contractor work hours ordinance C 3 IP • Wireless Communications Ordinance for Microcell technology D 4 • Hunting Ordinance (City Attorney) IP • Platting for Minor Subdivisions D 5 • Create new zoning district for Washington County Landfill D 5 consistent with the MPCA Form -based Code Prepare a scope of work to be accomplished including the need for outside assistance • Draft a form -based code to supplement the Village Mixed -Use zoning district based on the scope of work • Incorporate design standards from the Design Standards Manual as part of a form -based code Shoreland Ordinance Update • Obtain DNR approval of revised Shoreland Ordinance • Adopt final version of Shoreland Ordinance based on DNR approval Subdivision Ordinance • Prepare update to incorporate updated engineering standards and to revise submission requirements Airport Zoning • Resolve zoning conflicts with the Metropolitan Airports Commission, Met Council, MnDOT, and Washington County • Implement City airport zoning regulations for the airport safety zones within the Village Planning Area PLANNING INITIATIVES Village Area Planning • Submit application for new Village Parkway railroad crossing • Update Village AUAR General Comprehensive Planning • Review Waste Water chapter of Comprehensive Plan in conjunction with rural areas review • RFP for Comprehensive Planning Services • Plan for possible density reductions and reguiding land use in the Village and 1-94 area to address changes in the 2015 system statement • Amend Rural Single Family description to allow for sewer service within the MUSA Park Planning • Assist with the creation of a master plan for selected City parks, provide assistance to Parks Commission as needed • Update the Comprehensive Park and Trail System Plan • Update Parks 10-year CIP Capital Improvement Plan • Planning Commission review of 10-year Capital Improvement Plan for consistency with the Comprehensive Plan General Planning Studies • Conduct review of 201 (community) septic system policies and management practices. Develop system for proper oversight, billing, and maintenance of community systems. 2 A B D D B B D B B A B D D D 2 1 IP 1 4 2 2 1 IP IP 2 1 IP 1 IP 3 2 2 IP Develop list of contacts and resources for private community septic systems TRANSPORTATION PLANNING PROJECTS Participate in Manning Avenue (CSAH 15) study with Washington County. ADMINISTRATIVE INITIATIVES Developer's Agreements and Escrows • Track planning and other review time against development escrow accounts Building Division • Develop disaster preparedness manual for Lake Elmo Permit Software Implementation • Implement Code Enforcement Module for Permit Works • Add Planning Module from PermitWorks to track planning and zoning applications • Complete move of planning file system to PermitWorks software Code Enforcement • Provide support to code enforcement program with the Building Inspector as the City's code enforcement officer File Archiving and Management • Archive older zoning files • Scan zoning files in to Laserfische system Policy and Procedures Review • Develop application intake and completeness worksheet • Streamline & Improve Policies/Procedures for the handling of routine land matters including but not limited to variances, site plan review, setbacks et al; B A D B B B B A 3 2 1 2 4 2 1 IP IP IP IP IP IP IP MAYOR AND COUNCIL COMMUNICATION DATE: May 17, 2016 CONSENT ITEM #: 22 AGENDA ITEM: Washington County HRA Economic Development Bill SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The Council heard from Barbara Dacy, Executive Director or the Washington County HRA, at their May 10th workshop regarding legislative to give the FIRA economic development authority. As she mentioned, the bill has passed the legislature and been signed by the Governor. However, the Washington County Board of Commissioners still needs to adopt enabling legislation so Lake Elmo can still weigh in on the proposal. ISSUE: Should the City Council adopt Resolution 2016-39 A Resolution Supporting Proposed Legislation to Authorize the County of Washington to Confer Economic Development Powers upon the Washington County Housing and Redevelopment Authority? PROPOSAL: A copy of the resolution, bill and key aspects of the bill as discussed at the workshop are included in your packet. RECOMMENDATION: If removed from the consent agenda: Motion to approve Resolution No. 2016-39, A Resolution Supporting Proposed Legislation to Authorize the County ofWashington to Confer ,EC011017liC Development Powers upon the tVashington County Housing and Redevelopment Authority. RESOLUTION NO. 2016-39 RESOLUTION OF THE CITY OF LAKE ELMO, MINNESOTA SUPPORTING PROPOSED LEGISLATION TO AUTHORIZE THE COUNTY OF WASHINGTON TO CONFER ECONOMIC DEVELOPMENT POWERS UPON THE WASHINGTON COUNTY HOUSING AND REVELOPMENT AUTHORITY BACKGROUND RECITALS WHEREAS, the Washington County Housing and Redevelopment Authority (the "WCHRA") is a county housing and redevelopment authority created and existing under Laws 1974, Chapter 475, as amended, which provides and maintains affordable, decent, and safe housing opportunities in Washington County ; and WHEREAS, in 2013 the County Board of Commissioners (the "County Board") of the County of Washington (the "County") established a broadly -representative economic development work group comprised of municipal economic development practitioners and cominunity partners to assist the County in developing a county -wide long-range economic development strategy; and WHEREAS, based on the process carried out by the economic development work group, in May of 2014 the County adopted an Economic Development Strategic Plan (the "Economic Development Strategic Plan"); and WHEREAS, in furtherance of the Economic Development Strategic Plan, the County has determined that the WCHRA should have primary responsibility for economic development activities on behalf of the County; and WHEREAS; proposed legislation has been prepared which would authorize the County Board by resolution to confer on the WCHRA the powers of an economic development authority (the "Proposed Law"), thus enabling the County to address economic needs as identified in the Economic Development Strategic Plan; and WHEREAS, adoption of the Proposed Law would empower the WCHRA to undertake economic development activities not authorized by the current WCHRA enabling law, such as, by way of illustration, implementing County marketing and public relations programs relating to economic development, conducting economic development studies to document the need for financial assistance programs, and carrying out financial assistance programs for economic development purposes; and ATTACHMENT B PROPOSED BILL Laws 1974, Chapter 475, section 1, is amended to read: Section 1. WASHINGTON COUNTY; COMMUNITY DEVELOPMENT AGENCY There is created in Washington county a public body corporate and politic, to be known as the Washington county hou.iing and redevelopment authority community development agency, having all the powers and duties of a county authority under the provisions of Minnesota Statutes, sections 469.001 to 469.047, and all powers of a county housing and redevelopment authority under any other provisions of Minnesota law. and Sections 469.001 to 469.047 and 469.090 to 469.1081 apply to the county of Washington. For purposes of applying sections 469.090 to 469.1081 to Washington county, notwithstanding Minnesota Statutes, section 469.090, subdivision 3. "city" means county and "city council" means county board. Laws 1974, chapter 475, section 2, subdivision 1, is amended to read: Subdivision 1. This act shall not limit or restrict any existing housing and redevelopment authority or city economic development authority. The jurisdiction and area of operation of the Washington county community development agency includes all of the area within the territorial boundaries of the county and includes the areas within the boundaries of every city in the county and the areas of operation of city housing and redevelopment authorities and city economic development authorities in the county, whenever created, and notwithstanding any provision of Minnesota Statutes, sections 469.005, subdivision 1, or 469.008, subject, however, to Section 3. The jurisdiction and area of operation of the Washington county community development agency housing and redevelopment authority shall not be affected by any concurrence by the Washington county community development agency houing and redcvclopment authority under section 469.004, subdivision 5. Laws 1974, chapter 475, section 2, subdivision 2, is amended to read: Subdivision 2. A municipal housing and redevelopment authority may request the Washington county community development ag,encv heSifi_and1eEee1epmentathei4 to handle the housing duties of the authority and, in such an event, the Washington county community development agency housing and redevelopment authority shall act and have exclusive jurisdiction for housing in the municipality pursuant to the provisions of the municipal housing and redevelopment act, Minnesota Statutes, sections 469.001 to 469.047 462.111 to 462.711, and acts amendatory thereof A transfer of duties relating to housing shall not transfer any duties relating to redevelopment. Laws 1974, chapter 475, section 2, is amended by adding a subdivision to read: Subdivision 2a. The ,goveming, body of a statutory or home rule charter city or township with an existing municipal economic development authority may request the Washington county community development agency to handle the economic development, housing or redevelopment duties of the authority and. in such an event, the Washington county community development agency shall act and have exclusive jurisdiction for economic development, housing or redevelopment duties in the city or township pursuant to the provisions of the economic development authorities act, Minnesota Statutes, sections 469.090 to 469.1081. 462.111 to 462.711 Laws 1974, chapter 475, section 2 is amended by adding a subdivision to read: Subdivision 4. Washington county community development agency. (a) The Washington county housing and redevelopment authority shall be known as the Washington county community development agency. In addition to the other powers granted in this section, the Washington county community development agency shall have the powers of an economic development authority under sections 469.090 to 469.1081 that are granted to the agency by resolution adopted by the Washington county board of commissioners, except as provided in paragraph (b). The enabling resolution may impose the limits upon the actions of the agency that are listed in paragraph (c). The agency may exercise any of the powers granted to it under sections 469.001 to 469.047 and any of the powers of an economic development authority granted to it by the Washington county board of commissioners for the purposes described in these sections. (b) The Washington county community development agency may not levy the tax described in section 469.107, but with the approval of the Washington county board may increase its levy of the special tax described in section 469.033, subdivision 6, to any higher limit authorized under section 469.107. The money in the housing and redevelopment project fund under section 469,033, subdivision 6, may be expended by the Washington county community development agency for the purposes of sections 469.001 to 469.047 or sections 469.090 to 469.1081. (c) The enabling resolution may impose the limits upon the actions of the agency as may be imposed by a municipality under section 469.092, except that the resolution adopted under paragraph (a) may not impose any limitations on the authority's exercise of its powers under sections 469.001 to 469.047. (d) Section 469.1082 does not apply to the county of Washington. Laws 1974, chapter 475, section 2, is amended by adding a subdivision to read: Subdivision. 5. Offers of tax -forfeited lands. Notwithstanding any other law. Washington county may offer to the Washington county community development agency, under the conditions and policies established by the county, nonconservation tax -forfeited land prior to making the properties available to cities in Washington county. Laws 1974, chapter 475, section 3 is amended to read: Sec. 3. MUNICIPAL APPROVAL. Subdivision 1. Housing and redevelopment projects. If any housing or redevelopment project is undertaken in Washington county pursuant to this authorization, and the project is within the boundaries of any statutory or home rule charter city or township, the project and the location of the project shall be subject to approval by the governing body of the city or township. The procedures in section 469.007, subdivision 2, shall apply to the governing body project and location approvals required by this section. Subdivision 2. Economic development projects. If any development district or economic development project is undertaken in Washington county pursuant to this authorization, and the project is within the boundaries of any statutory or home rule charter city or township, the project shall be subject to the planning. zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated. Additionally, unless such city or township has authorized the Washington county community development agency to exercise exclusive jurisdiction for economic development duties pursuant to Laws 1974, chapter 475, section 2, subdivision 2a, as amended, then prior to the exercise of any powers under Minnesota Statutes, sections 469.090 to 469.1081. within the boundaries of the city or township with respect to a proposed development district or economic development project or proposed development district or economic development project site, the development district or economic development project and the location of the project must be authorized by resolution of the ,c.roveming body of the city or township with respect to each identified parcel of property. EFFECTIVE DATE. This section is effective the day after the governing body of Washington county and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 654.021, subdivisions 2 and 3. 820053.00CX Memo To: City of Lake Elmo Mayor and Councilmembers Mayor Mike Pearson Councilmember Justin Bloyer Councilmember Julie Fliflet Councilmember Jill Lundgren Councilmember Anne Smith From: Barbara Dacy, Ex_ect#ve Director Date: May 2, 2016 RE: Proposed Legislation to Add Economic Development Powers to Washington County HRA The Washington County Housing and Redevelopment Authority (HRA) respectfully requests the City of Lake Elmo to adopt the enclosed resolution which will legally enable the HRA to conduct economic development activities in partnership with county cities and townships. The HRA has drafted legislation to amend its enabling law and has introduced a proposed bill for consideration during the 2016 legislative session. The proposed bill has been identified as part of the 2016 legislative agendas for both Washington County and Washington County HRA. Attached to this memo is a summary of the key provisions of the bill (Attachment A), the proposed bill (Attachment B) and the proposed resolution (Attachment C). Background In the fall of 2013, Washington County convened a work group consisting of city economic development practitioners and community representatives to define the appropriate role of the county in economic development. A question was also included in the county's survey of residents, and 69% of respondents agreed that a stronger role in economic development is appropriate. An Economic Development Strategic Plan, adopted in 2014, establishes guiding policy principles and identifies specific strategies and goals. In 2015, the County Board researched organizational options and determined the Washington County HRA is to be responsible for county -wide economic development activities. The objectives of economic development are consistent with the HRA's mission, to promote community and economic development, and the HRA's brand, "to help communities thrive". The County Board authorized $215,000 of the annual HRA levy to hire an Economic Development Director, support staff, and startup funds. Implementing the Washington County Economic Development Strategic Plan Guiding Principles It is envisioned that the Washington County CDA will fill a vital role in coordinating county -level economic development activities and will support communities in the county in working towards their individual economic development goals. This supportive role has been the key foundation of the Economic Development Strategic Plan, The Washington County CDA would collaborate with the City of Lake Elmo to provide additional support and capacity to the city's local economic development programs, business retention and business creation efforts, as may be mutually determined. The Washington County CDA would adhere to the following economic development guiding principles identified in the Strategic Plan: • The private sector is the lead that drives the economy. • The County will not duplicate or replace the work of cities and other public agencies. • The County supports a strong collaborative approach to economic development. • Business attraction and business retention are essential policy objectives. • The diversity of the county requires an adaptable and open-minded approach. • A deliberate, purposeful and strategic plan is required. Goals and Benefits of Proposed Bill Goals The proposed bill to amend the HRA's enabling law was drafted to fulfill the following goals: • Add statutory powers to enable the County to address economic needs through programs and projects, given the diversity of municipalities, large and small. • Complement municipal economic development authorities and not impede their activities. • Provide municipal approval prior to the CDA exercising any physical development powers. • Confer consistent geographic jurisdiction for both HRA and EDA activities and levy authority. • Maintain current process for levy authority and level of control by County Board. Benefits to the City of Lake Elmo A county role in economic development will provide the following benefits: • Dedicated staff experienced in economic development to respond to city and township requests. • Stronger presence in the industry and marketplace through communication and marketing. • Stronger county relationship with GreaterMSP. • Opportunity to build on tourism initiatives, labor and talent attraction initiatives, business creation programs, or other suggestions from communities. • Potential for additional financial resources for communities to augment existing programs. • Conduct economic development and industrial/commercial market studies. • Advocacy for economic development issues at the Legislature. The initial responsibility of the new CDA Economic Development Director will be to determine how best to support the cities and to cultivate relationships with communities, key stakeholders, and relevant boards. One of the recommendations of the existing strategic plan was to convene a community workgroup; this will be implemented and a starting point to provide community input to determine the best manner in which the County can complement and augment what communities are doing. Recommendation We are excited to work with the City of Lake Elmo in a collaborative approach. We respectfully request support for the proposed bill by adopting the attached resolution. ATTACHMENT A Key Aspects of the Proposed Bill Key aspects of the proposed bill include naming of the agency, determining levy authority, requiring municipal approval prior to the CDA exercising its physical development powers within a jurisdiction, offering tax -forfeited lands to the CDA, and identifying limitations requiring County Board approval. Agency Renaming In order to adequately represent the combined housing, redevelopment and economic development powers to be bestowed, it is proposed the HRA be renamed the Washington County Community Development Agency (CDA). While this term is not defined in statute, the CDA nomenclature has been adopted by Dakota, Carver and Scott counties in their respective enabling laws. The consistency in terminology across the Minneapolis -St. Paul metropolitan area provides for greater recognition and understanding of a county CDA. Levy Authority State Statute permits special levying authority for housing and redevelopment authorities up to 0.0185°/0 upon all taxable property, subject to the consent by resolution of the governing body. In addition, a county may, at the request of an economic development authority, levy a tax of up to 0.01813% upon all taxable property. The proposed bill, however, waives EDA tax levying authority under section 469. 107 and, it retains the County Board consent process currently in place for establishing the levy rate and amount under the HRA limits in section 469.033, subd. 6. The proposed language reserves the right to levy the higher of the HRA or EDA permissible rates, as they may be determined by the legislature. This provides the County with future flexibility should there be a program or issue that the County determines is appropriate for this purpose. On an annual basis, the HRA Board has prepared a levy request, within its annual budget, of sufficient size to complete its strategic priorities and financial obligations for approval from the County Board. Under the amended enabling law, the CDA would follow the same process in proposing an annual levy request and obtaining the consent of the County Board. Municipal Approval The HRA's current enabling law requires municipal approval prior to the HRA undertaking a housing development. The proposed bill maintains this requirement and adds the municipal approval requirement prior to exercising economic development powers. Offer of Tax Forfeited Land When the County receives real property through the tax forfeiture process, it may determine the property to be appropriate for a housing, redevelopment, or economic development purpose. Currently, the HRA must purchase forfeited parcels in the same process as the general public. The proposed bill adds that such parcels "may" be offered to the CDA in the same manner it would be offered to a County department with justification of public purpose. Establishing the Washington County CDA The Washington County HRA was created in 1980 under a special enabling law and authorizing resolution from the County Board. This enabling law must be amended to add the powers of an economic development authority and formally rename the agency to the Washington County Community Development Agency (CDA) to reflect the full scope of responsibilities. The proposed bill follows the same process taken by CDAs established in Dakota, Scott, and Carver counties. The proposed bill retains board composition. The HRA Board is currently composed of seven members: five appointees representing each County district, a representative of the County Board of Commissioners, and a participant in the federal housing assistance programs, Historically, because many of the activities of the HRA require real estate development transactions involving public financing, the HRA Board has been comprised of members with backgrounds in real estate, finance and banking, business or government. It is also proposed that the CDA would solicit comment on policies and programs from county citizen boards including the Workforce Investment Board and the Community Development Block Grant Advisory Committee. The CDA will also convene a workgroup of community economic development professionals to provide ongoing input. Final Approval Upon passage of the proposed bill, the County Board will need to pass a resolution to formally confer the EDA powers and establish the Washington County CDA. The resolution will further identify any limitations of EDA powers the County may wish to impose on the CDA. WHEREAS, the Proposed Law would retain the existing County Board consent process for establishing the WHCRA's housing and redevelopment authority levy under Minnesota. Statutes, Section 469.033, subdivision 6, and would preclude the WCHRA from imposing any concurrent or separate economic development authority levy otherwise authorized under Minnesota Statutes, Section 469.107 (while permitting the County Board to consent to a WCHRA levy at a rate equal to the higher of the permissible housing and redevelopment authority levy rate or the permissible economic development authority levy rate as they may be established by the Legislature); and WHEREAS, consistent with existing requirements of the WCHRA's enabling law for local approval of housing projects and redevelopment projects, the Proposed Law would require municipal location and project approval as well for development districts and economic development projects; and WHEREAS, in order to appropriately reflect the combined housing, redevelopment and economic development powers to be conferred, the Proposed Law would change the name of the WCHRA to the Washington County Community Development Agency; and WHEREAS, the Proposed Law would effect no change in the current structure or composition of the WCHRA Board of Commissioners; and WHEREAS, the Proposed Law would authorize the County to offer tax -forfeited real property to the WCHRA on the same basis as such parcels are offered to a County department; and WHEREAS, the County Board has determined to include the Proposed Law as part of the County's legislative initiative for the 2016 Legislature; and WHEREAS, the City Council of the City of Lake Elmo, Minnesota, finds that enactment by the Legislature of the Proposed Law, and the carrying out of economic development activities by the WCHRA in the County, including in the City of Lake Ehno, pursuant to the Proposed Law, would be in the public interest and would afford substantial benefit to the residents, businesses, citizens and taxpayers of the City of Lake Elmo; and WHEREAS, the County, the WCHRA and the City of Lake Elmo contemplate that the WCHRA and the City will work together as partners in carrying out economic development activities within the City of Lake Elmo which will be complementary and non -duplicative. NOW, THEREFORE, the City Council of the City of Lake Elmo, Minnesota adopts this Resolution supporting the proposed legislation described above in furtherance of economic development activities by the WCHRA on behalf of Washington County. This Resolution was declared duly passed and adopted and was signed by the Mayor of the City of Lake Elmo and attested to by the City Clerk this day of , 2016. Mike Pearson, Mayor ATTESTED: Julie Johnson, City Clerk ICATiON DATE: May 17, 2016 REGULAR $$ ITEM # 23 AGENDA ITEM: Presentation of Bond Issuance Results; $9,860,000 General Obligation Improvement Bond Series 2016A SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Tammy Orndal, Senior Vice President, Northland Securities REVIEWED BY: Tammy Omdal, Northland Securities Kristina Handt, City Administrator SUGGESTED ORDER OF BUSINESS: Questions from Council to Staff.. ..... ....... ........ ..... ....... Mayor Facilitates Report/Presentations.... ........ ...... City Staff, Northland Securities 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: Finance FISCAL IMPACT: The City will have the responsibility for the debt service on the issuance of S9,860,000 of new debt as presented in the Financing Plan, SUMMARY AND ACTION REQUESTED: On May 3, 2016, the City authorized the issuance and sale of $9,860,000 in General Obligation Improvement Bonds, Series 2016A. Resolution No. 2016-44 awards the sale, prescribes the forms and details and provides for the payment of $9,860,000 to the City of Lake Elmo. The recommended motion for this action is as follows: -- page City Council Meeting [Regular Agenda Item 23] May 17, 2016 "Move to approve Resolution No. 2016-44 awarding the sale, prescribing the form and details and providing for the payment of $9,860,000 General Obligation Bonds, Series 2016A" STAFF REPORT: Northland Securities will accept bids on the 2016A Bonds on Tuesday, May 17, 2016 at 10:30 A.M. Tammy Orndal, Senior Vice President with Northland Securities will present the results of the sale of the 2016A Bonds and respond to inquiries. RECOMMENDATION,: It is recommended that the City Council approve Resolution 2016-44 authorizing the issuance and sale of $9,860,000 in General Obligation Bonds, Series 2016A. "Move to approve Resolution No. 2016-44 awarding the sale, prescribing he form and details and providing for the payment of $9,860,000 General Obligation Bonds, Series 2016A" ATTACHMENT(S): 1. Resolution No. 2016-44 2. Moody's rating report dated May 11111, 2016 page CERTIFICATION OF MINUTES RELATING TO $9,860,000 GENERAL OBLIGATION BONDS, SERIES 2016A Issuer: City of Lake Elmo, Minnesota Governing Body: City Council Kind, date, time and place ofinecting A regular meeting held on May 17, 2016, at 7:00 pin., at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. 2016-44 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $9,860,000 GENERAL OBLIGATION BONDS, SERIES 2016A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 17111 day of May, 2016. City Clerk It was reported that ( ) proposals for the purchase of $9,860,000 General Obligation Bonds, Series 2016A were received prior to 10:30 A.M., Central Time, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Northland Securities, Inc., municipal advisor to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: See Attached Councilmember introduced the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $9,860,000 GENERAL OBLIGATION BONDS, SERIES 20I6A BE IT RESOLVED by the City Council, City of Lake Elmo, Minnesota (the "City"), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.01. Authorization. This City Council, by resolution duly adopted on May 3, 2016, authorized the issuance and sale of its General Obligation Bonds, Series 2016A (the "Bonds"), pursuant to Minnesota Statutes, Chapters 429, 444 and 475, for the purpose of (a) financing various improvement projects in the City (the "Improvements Project"), (b) financing various street, water, sewer and storm water improvements in the City (the "Utility Project"), and (c) funding costs of issuance of the Bonds (collectively, the "Project"). 1.02. Sale. Pursuant to the Notice of Sale and the Preliminary Official Statement prepared on behalf of the City by Northland Securities, Inc., municipal advisor to the City, sealed or electronic proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms °leach proposal have been determined. The most favorable proposal received is that of , in (the "Purchaser"), to purchase the Bonds in the principal amount of $9,860,000, at a price of $ plus accrued interest, if any, on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. The principal amount of the portion of the Bonds, $__ allocable to the Improvements Project shall be designated as the "Improvement Bonds," and the principal amount of the portion ofthe Bonds allocable to the Utility Project, $ , shall be designated as the "Utility Bonds." 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Finance Director are hereby authorized and directed on behalf of the City to execute a contract for the sale of the Bonds with the Purchaser in accordance with the Preliminary Official Statement. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered, and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS: REGISTRATION: EXECUTION AND DELIVERY. 2.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terns of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of June 1, 2016, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on January 15 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption, at the annual rates set forth opposite such years and amounts, as follows: Maturity 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Improvement Utility Bonds Total Rate Bonds [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein, provided that so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on January 15 and July 15 in each year, commencing January 15, 2017, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the first day of the calendar month in which such Interest Payment Date occurs, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2 2.04. Redemption.. Bonds maturing on January 15, 2025 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in integral multiples of $5,000, on January 15, 2024, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Finance Director shall cause notice of the call for redemption thereof to be published if and as required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to he rnailed, by first class mail, to the Registrar and registered holders of any Bonds to be redeemed at their addresses as they appear on the Bond Register described in Section 2.06 hereof, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on January 15, 20 and 20 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on January 15 in each of the following years the following stated principal amounts of such Bonds: Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on January 15, 20 Year Principal Amount The remaining $ stated principal amount of such Bonds shall be paid at maturity on January 15, 20 Notice of redemption shall be given as provided in the preceding paragraph.] 2.05. Appointment of Registrar. The City hereby appoints Northland Trust Services, Inc., in Minneapolis, Minnesota, as the initial Bond registrar, transfer agent and paying agent (the "Registrar"). The Mayor and City Finance Director are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate arid deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the first day of the month in which the interest payment date occurs and until such interest payment date. (c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. 4 (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges, For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obliaations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.07. Execution. Authentication and Delivery. The Bonds shall be prepared under the direction of the City Finance Director and shall be executed on behalf of the City by the signatures of the Mayor and the City Finance Director, provided that the signatures may be 5 printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.09, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Finance Director shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale theretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.08. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker -dealer, bank or other financial institution for which DTC holds bonds as securities depository. "Representation Letter" shall mean the Representation Letter pursuant to which the City agrees to comply with DTC's Operational Arrangements. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to 6 the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC.. the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of physical certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the 'Mayor or City Finance Director is hereby authorized and directed. (e) Ln the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of physical certificates and the method of payment of principal of and interest on such Bonds in the form of physical certificates, 2.09. Form of Bonds. The Bonds shall be prepared in substantially the form found at EXHIBIT A attached hereto. Section 3, USE OF PROCEEDS; PROJECT FUND. 3.01. Project Fund There is hereby created a special bookkeeping fund to be designated as the "General Obligation Bonds, Series 2016A Project Fund" (the "Project Fund"), to be held and administered 7 by the City Finance Director separate and apart from all other funds of the City. Within the Project Fund are established the following accounts: (a) Improvements Proiect Account. The Improvements Project Account shall be credited with (i) $ from the proceeds from the Bonds and (ii) all special assessments collected with respect to the Improvements Project until all costs of the Improvements Project have been fully paid. The City Finance Director shall maintain the Improvements Project Account until payment of all costs and expenses incurred in connection with the construction of the Improvements Project have been paid. (b) Utility Proiect Account. The Utility Project Account shall be credited with S from the proceeds of the Bonds. The City Finance Director shall maintain the Utility Project Account until all costs and expenses incurred by the City in connection with the construction of the Utility Project have been paid. From the Project Fund there shall be paid all costs and expenses related to the construction and acquisition of the Project. After payment of all such costs and expenses, the Project Fund shall be terminated. All funds on hand in the Project Fund when terminated shall be credited to the Bond Fund described in Section 4 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. In no event shall funds remain in the Project Fund later than June 1, 2021. SECTION 4. GENERAL OBLIGATION BONDS, SERIES 2016A BOND FUND. The Bonds shall be payable from a separate General Obligation Bonds, Series 2016A Bond Fund (the "Bond Fund") of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. lnto the Bond Fund shall be paid (a) any funds received from the Purchaser upon delivery of the Bonds in excess of the amounts specified in Section 3 above; (b) special assessments levied and collected in accordance with this Resolution except as otherwise provided in Section 3.01, clause (a) hereof; (c) net revenues of the municipal water, sewer and storm water systems, such revenues to be distributed ratably with respect to the Utility Bonds payable therefrom and any other obligations of the City payable from the same source; (d) any taxes collected pursuant to Section 7 hereof; and (e) any other funds appropriated by this Council for the payment of the Bonds. The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. On or before each principal and interest payment date for the Bonds, the City Finance Director is directed to remit to the Registrar from funds on deposit in the Bond Fund the amount needed to pay principal and interest on the Bonds on the next succeeding principal and interest payment date. There arc hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in clause (a) above. Thereafter, during each bond year (each twelve month period commencing on January 16 and ending on the following January 15, a "Bond Year"), as monies are received into the Bond Fund, the City Finance Director shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year, All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the payment of the costs of the Improvements Project, the City has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in the principal amount of $ , which is not less than 20% of the cost of the improvements Project. The principal of and interest on such special assessments are estimated to be levied and collected in the years and amounts shown on EXHIBIT B attached hereto. The principal of the assessments shall be made payable in annual installments, with interest as established by this Council in accordance with law on unpaid installments thereof from time to time remaining unpaid. In the event any special assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this Council or by any of the officers or employees of the City, either in the making of such special assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such special assessment a valid and binding lien upon said property. SECTION 6. PLEDGE OF NET REVENUES.. It is hereby found, determined and declared that the City owns and operates its municipal water, sewer and storm water systems as revenue - producing utilities and as a convenience, and that the net operating revenues of the systems, after deducting from the gross receipts derived from charges for the service, use and availability of the systems the norrnal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other pledged funds, for the payment when due of the principal of and interest on the Utility Bonds and on any other bonds to which such revenues are pledged. Pursuant to Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the registered owners from time to time of the Bonds that until the Bonds and the interest thereon are discharged as provided in Section 8 or paid in full, the City will impose and collect reasonable charges in accordance with said Section 444.075 for the service, use and availability of its municipal water and storm water systems according to schedules sufficient to produce net revenues sufficient, with other funds pledged to payment of the Utility Bonds, to pay the Utility 9 Bonds and any other bonds to which said net revenues have been pledged; and the net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payrnent of the Bonds and interest thereon when due. Nothing herein shall preclude the City from hereafter making further pledges and appropriations °idle net revenues of its municipal water, sewer and storm water systems for payment of additional obligations of the City hereafter authorized if the Council determines before the authorization of such additional obligations that the estimated net revenues of the systems will he sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds and such additional obligations. Such further pledges and appropriations of net revenues may be made superior or subordinate to or on a parity with, the pledge and appropriation herein made. SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 4, will produce amounts not less than 5% in excess of the amounts needed to meet when clue the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached schedules The taxes shall be it -repealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an 10 earlier designated redemption date. If such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City must have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 8. TAX COVENANTS: ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 8.01. General Tax Covenant. The City agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any action that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the "Code") and applicable Treasury Regulations (the "Regulations"), and agrees to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Project Fund will be expended solely for the payment of the costs of the Project. The Project is and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, management contract, use agreement, capacity agreement or other agreement with any non- governmental person relating to the use of the Project, or any portion thereof, or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code, 8.02. Arbitrage Certification. The Mayor and City Finance Director being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148 of the Code, and applicable Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations. 8.03. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 8.04. Qualified Tax -Exempt Obligations. The City Council hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonably anticipated amount of tax-exempt obligations (within the meaning of Section 11 265(b)(3) of the Code) which will be issued by the City and all subordinate entities during calendar year 2016 does not exceed S 10,000,000. 8.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Project which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements of Section 1.150-2(0(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the Project as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. 8.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific perforinance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner owner means, in respect of the Bonds, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of the Bonds, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bonds (including persons or entities holding Certificates through noininees, depositories or other intermediaries), or (b) is treated as the owner of the Bonds for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (I ) On or before 12 months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2015, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the headings: "Economic and Financial Inforination Valuations"; "--Tax Capacity Rates" and " Tax Levies and Collections" and "Summary of Debt and Debt Statistics." Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been tiled with the SEC or have been made available to the public by the Municipal Securities Rulemaking Board (the "MSRB") through its Electronic Municipal Market Access Systein (EMMA). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(I ) or subsection (d), then the City shall include in the next Disclosure 'Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. 13 (2) In a timely manner, not in excess of 10 business days, to the MSRB through EMMA, notice of the occurrence of any of the following events (each a "Material Fact," as hereinafter defined): (A) principal and interest payment delinquencies; (B) non-payment related defaults; (C) unscheduled draws on debt service reserves reflecting financial difficulties; (D) unscheduled draws on credit enhancements reflecting financial difficulties; (E) substitution of credit or liquidity providers, or their failure to perform; (F) adverse tax opinions or events affecting the tax-exempt status of the security; (G) modifications to rights of security holders; (1-1) bond calls; (I) defeasances; (J) release, substitution, or sale of property securing repayment of the securities; (K) rating changes; (L) bankruptcy, insolvency, receivership, or similar event of the obligated person; (M) the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of an obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell the Bonds or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also a fact that would be deemed material for purposes of the purchase, holding or sale of the Bonds within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, an-angement or liquidation by a court or governmental 14 authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, to the MSRB through EMMA, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Infon-nation required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the terrnination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments: Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof (2) This section (and the (brill and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(2) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary 15 (3) qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. Utile Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.01. Registration of Bonds. The City Finance Director is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Washington County, together with such additional information as is required, and to obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the County Auditor's Bond register. 9.02. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 9.03. Official Statement. The Preliminary Official Statement relating to the Bonds, dated as of , 2016 prepared and distributed by Northland Securities, Inc., is hereby approved. Northland Securities, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a Final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed 16 to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 9.04. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Registrar on the closing date for further distribution as directed by Northland Securities, Inc. 9.05. Effective Date. This resolution shall be in full force and effect from and after its passage. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the Resolution was declared duly passed and adopted. 17 R- Interest Rate EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO GENERAL OBLIGATION BONDS, SERIES 20 I 6A Maturity Date Date ofOriginal Issue CUSIP No. January 15, 20 REGISTERED OWNER: CEDE & CO. June 1, 2016 PRINCIPAL AMOUNT: THOUSAND DOLLARS CITY OF LAKE ELMO, State of Minnesota (the "City") acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on January 15 and July 15 in each year, commencing January 15, 2017 (each such date, an "Interest Payment Date"), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the first day (whether or not a business day) of the calendar month in which such Interest Payment Date occurs. interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Northland Trust Services, Inc., Minneapolis, Minnesota, as Bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the "Registrar") or other agreed -upon means of payment by the Registrar or its designated successor. For the prompt and full payment of such principal and interest as the same respectively come due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the "Bonds") in the aggregate principal amount of $9,860,000 issued pursuant to a resolution adopted by the City Council on May 17, 2016 (the "Resolution"), to finance various street, water, sewer and storm water improvements and to fund the costs of issuance of the Bonds. This Bond issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota (hereunto enabling, including Minnesota Statutes, Chapters 429, 444 and 475. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered fonn, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing on January 15, 2025 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dales as the City inay select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the Bond depository in accordance with its customary procedures) in multiples of $5,000, on January 15, 2024, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redeinption. The City shall cause notice of the call for redemption thereof to be published if and to the extent required by law, and at least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the securities depository), to the registered holders of any Bonds, at the holders' addresses as they appear on the Bond register maintained by the Bond Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20 and 20 shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on January 15 in each of the years shown below, in an amount equal to the following, principal amounts: Term Bonds Maturing in 20 Tenn Bonds Maturing in 20 Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date (final maturity) (final maturity) Notice of redemption shall be given as provided in the preceding paragraph.] Aggregate Principal Amount As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date; subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. The Bonds have been designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment as herein provided and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City Council has by the Resolution covenanted and agreed to collect and apply to payment of the bonds ad valorem taxes levied on all taxable property in the City, certain net revenues of its municipal water, sewer and storm water systems and special assessments upon property specially benefited by the local improvements financed with the Bonds, which taxes, revenues and assessments are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such assessments, revenues and taxes to its General Obligation Bonds, Series 2016 Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and City Finance Director and has caused this Bond to be dated as of the date set forth below. CITY OF LAKE ELMO, MINNESOTA (facsimile signature — City Finance Director) (facsimile signature — Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bouds delivered pursuant to the Resolution mentioned within. Date of Authentication: NORTHLAND TRUST SERVICES, INC., as Registrar By 4 Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ............. as Custodian for (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meetingrequirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: 5 EXHIBIT B Special Assessments and Tax Levies WASHINGTON COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Washington County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on May 17, 2016, by the City Council of Lake Elmo, Minnesota, setting forth the form and details of an issue of S9,860,000 General Obligation Bonds, Series 2016A dated the date of issuance thereof further certify that the issue has been entered on my bond register and the taxes required by law have been levied as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal on the day of , 2016. Washington County Auditor (SEAL) ' ' � M INVESTORS 'SERVICE (-RE[>|T OPINION Contacts Lake �U �� / n'/n� New Issue: K4OOdv'�AS�i�0�/\87t|@��|0OO,K4K]'��.A ' " O2. M G[lU|TBonds, Se[2[)16A Summary Rating Rationale Moody's Investors Service has assigned a AaZ rating to the City of Lake Bmds (MN) $99 million General Obligation (GO) Bonds, Series 2016A, Concurrently, Moody's maintains the Aa2 rating on city's outstanding GO debt. Post -sale, the city will have $31.4 million of GO debt outstanding The AaZrating reflects the dty'smodestly-sized and affluent tax base experiencing growth, located in the Twin Cities metro region; strong finances supported by conservative budget strategies and healthy unassigned fund balance, moderate direct debt burden; and modest exposure tounfunded pension liabilities, Credit Strengths » Affluent tax base favorably located ioTwin Cities metropolitan area o Strong financial operations and healthy financial reserves and liquid Credit Challenges » Small tax base size relative to others in the rating category * Above average fixed costs Rating Outlook Outlooks oothe underlying credit are usually not assigned mlocal governments with this amount ofdebt. Factors that Could Lead tnanUpgrade >) Growth in the city's tax base to levels consistent with higher -rated entities Factors that Could Lead toaDowngrade » " Deterioration ofthe tax base orweakening of the demographic profile Material declines inthe dn/sfinancial reserves " 5�ni�mntinoea�indebt �vek Key Indicators Median Family Income (% of US Median) Finances Operating xevenup($noo) 3,61Z $ 3,572 5 3,8* S 4,361 *,068 Fund Balance asamv/Revenues 901% 146.e% 1S3.0% ouam 79�5% Cash Balance asa%o,Revenues 1523m ozs% 145,9m 7s5m 86.8m Debt/Pensions Net Direct Debt ($noo) � 7,310 $ 7,811 $ n.z'o 5 6.522 $ 8,787 Net Direct Debt / Operating Revenues # 2,ux 2.2x mx 1,5v 2.2x Net Direct Debt / Full Value ym) 0.6% orm 00% 00% 0.7% ' moody', adjusted Net Pension Liability (3-yraverage) toRevenues # N/A wm um 0.6x 0,8x Moody's - adjusted Net Pension Liability (3-yr average) to Full Value (%) N/A N/A 0,2% 0,2% 03% $ 1,200,076 $ � 148,727 $ meo% 1,131,733 $ 1,099,376 5 1,09o898 � 140.257 $ 136,247 S 136,188 s 186.1m 194.1m 194.1m The above table does not include the most recent full, ValLe or sate data. Post sale, the u;stric'will have n2 million /" net direct debt p""mniuuequal mo.9%wfull value and uotimes opewrig"eve.ue, Source: Moody's lovestors Service, Audited Finarclai Resvits, US Cerrsu� Bureau Detailed Rating Considerations Economy and Tax 8a,zModestty'SizedAfKuertTax Base Near the Twin Cities The citystax base isexpected togrow inthe medium term due roits favorable location within the Twin Cities metropolitan area and large amount of land available for development. located in Washington County (Aaa stable), the city lies along the eastern edge of the metropolitan region. The dty'sfull value of $\3biiUonexpc/imcedthreoyeaoo[si8ni5cantesideo(iailydrivenXmwth.recoverinQ losses in prior years. This trend is expected to continue given several ongoing and planned developments. Major development areas include a mixed use development along 1-94, the "Old Village" section of the city, and the northern edge of the city a[onQHighway 36. Lake Llmo is primarily a becroonn community with the majority of residents commuting toemp�oymcntopportunities throughout the Twin Cities area, Based upon net tax capacity, the city is77Y6residential and l5Y6commercial and industrial. The largest emp|oyero[ city residents is 31-1 Company, which isheadquartered innearby Maplewood (Aa7)and employs approwimaLe[y9,1UO. Management reports that the dty'sother major employers and taxpayers remain stable, The city"s popu[ation has grown in recent decades, inc[uding 17.6% between 2000 and 2010, and the Metropolitan Council (Mirin- St,PavlAma)(Aeastabie)euirnatcstha//hedg/sZOl0pppuladonvf8.O69could grow tol8.7OOhy2O4O, Washington[000ty's unemployment rate of 3.7% in March ol 2016 remained below the national (5.0%) and on par with the state (3,7%) levels for same period, Lake Ekno's resident income levels significantly exceed those ofthe nation, with median [amity income equivalent, to 194]Y6 and of the nation, Fi"ancialOpcmOkzos And Kes,wes�Stable Financial Operations Supported byHealthy Reserves Thecky's financial operations are expected ,o remain stable given its history ofsound financial management and maintenance of healthy General Fund liquidity and reserves. The city has closed five out of the past six fiscal years with modest operating surpluses, which management attributes to conservative budget assumptions. A minimal $4,000 operating surplus infiscal 20l4increased theCenem|Fundbalanceto82miUioo.o/ambstantia|99SY6ofrevenues.Appmximace[y $h00.O0Ool�the dty's fund balance is reserved for anadvance tnthe dty'sOld Village Fund, which bbeing repaid byproperty tax revenues associated with the ongoing mixed -use development. According to the city officials, the amount is projected to be paid in full by2Ol/,The dty's fism|7Ol4 unassigned fund balance of 8.5 million, which is equivalent m747% of revenues, remains healthy and above /hoci|y's policy of maintaining unassigned fund balance n[35Y6o[budgeted operating revenues, for fiscal 2OlS. the ci/y's budget was balanced and management estimates a modest operating surplus of approximately 80,000 due to favorable budget variances. The city adopted a balanced budget for Uszai2Ol6. conservatively assuming noadditional revenue coming from the new developments, Property taxes comprise 7Z 3% of Lake 8mo's General Fund revenoes, and the city'scollection ace is high with few appeals, The city does not receive any local government aid from the state,- therefore, it is subject to minimal. risk associated with budgetary pressures at the state. The state implemented property tax hnni/s hnr20l4 only, bur the cap did no/ impact Lake Eimoasthe city had planned to keep its levy flat, uVo/oITv |n20l4'the city'sunrestricted net operating cash position across major operating funds (General Fund and Debt Service Fund) was B.Smillion u/avery healthy O0.9Y6ofrevenues. Debt and Pensions: Low Debt Burden withNoAdditional. Borrowing P\anned The city's direct debt burden is a low 0.9% of full value and has modest tong -term pension and OPFB liabilities. The direct debt burden excludes $19.4 million of GO debt that is expected to be repaid by the city's self-supporting water and sewer enterprises, The city's total fixed costs of $4.5 million, including debt service, pension, and OPEB expenditures make up Zl% o[fiscal /0l4operating revenues, DEBT STRUCTURE AR of the district's direct debt is fixed rate and annortizes over the long term, Principal amortization is below average with 67% of all debt retired in ten years, DEBT -RELATED DERIVATIVES The city has onderivative agreements. PENSIONS AND opa Lake Elmo has a low employee pension bunden, based on unfunded liabilities for its participation ma muki'employercost sharing plan administered bythe State, the General Employees Retirement Fond (GIEKH and one single employer pension plan the Lake Elmo Firefighter's Relief Association plan. Moody's three-year average adjusted net pension liability (ANPL) for the city, through fiscal 2014, is $3.7 miibon, o,03Y6 offull value and O.8times operating revenues (General Fund and Debt Service Funds), Mnody'sAmPL reflects certain adjustments we make to improve the comparability ofreported pension liabilities. The adjustments are not intended /o replace |hedcy's reported liability information, but to improve comparability with other rated entities We determined the city's share of liability for 6FRF in proportion to its cnn\^bubonscothe plan, The dg/sfiscal ZOl4 total contribution 'oboth plans was $140'000o, 3.41A ofoperating revenues, The city administers a sin��emp�y�de�ned benefit healthcare plan m n �h�� provides benefits to retirees until, ka Medncoii�biV\yand funds these liabilities on a pay-as-you-go basis, The city funds its plan on a pay as you go basis and in fiscal year 2014, the city did not contribute anything tnthe plan as there were no retiree participants, As of January 1, 2014, the actuarial accrued liability for benefits was $204,437, all of which was unfunded. Mannoemrnuand Gvvoro^ore�St*»ng!nshtvdpn"|Fran.r=orkSo^e Minnesota cities have aninstitutional framework score of 'Aa," or strong, Revenues are moderately predictable as cities rely primarily on property taxes. Some cities also rely on State Local Government Aid iwhich bdigribuLed based on demographic and tax base factors. Revenue -raising flexibility is moderate as cities generally benefit from unlimited [evying authority, except during years in which the state has imposed limits. Levy Umits are not in place 'or the 20l6'2Ol7 biennium, Expenditures mostly consist o[personnel costs. which are highly predictable, Cities typically maintain low fixed costs and have a moderate ability to reduce expenditures. Management has a lund balance policy of maintaining 35% of the following year's budgeted expenditures in reserves, Favorably, the LenaiSecuhtv The bonds are secured by the city's general obligation unlimited tax (GOULF) pledge to levy a dedicated debt service tax that is not limited by rate or amount- The security benefits from a statutory lien and there is no lock box structure for debt service, Use ofProceeds Proceeds o(the bonds will be used toprovide street, water, sewer and storm water improvement pnoJects. Obligor Profile Located in Washington County (Aaa stable), the city lies along the eastern edge of the Twin Cities metropolitan region, The 2010 population was O.O69according tocensus estimates, Methodology The principal methodology used inthis rating was US Loca( Government General Obligation Debt pubtished in January 2014. Please see ,he nahn�s Methodologies page on wwwmoodyszom fora copy of this methodology, Ratings Exhibit 3 Lake Elmo (City of) MN Issue Rating General Obligation Bonds, Series znlsA A"z Rating Type Underlying LT Sale Amount $9,860,000 Expected Sate Date 05/172016 Rating Description General Obligation MOODY*S INVESTORS SERVICE . PUBLIC FINANCE REPORT NUMBER MOODS INVESTORS SEIIVICE PUBLIC FINANCE Contacts OODY'S INVESTORS SERVICE CLIENT SERVICES MAYOR AND COUNCIL COMMUNICATION DATE: May 17, 2016 REGULAR ITEM #: )4 MOTION AGENDA ITEM: Lions Park RFP SUBMITTED BY: 'Kristina Handt, City Administrator BACKGROUND: On November 4, 2015, Parks Commission Chair Weis explained the scope of the RFP request for ballpark redesign and presented photos of ball parks in other Minnesota cities. Weis explained that the Parks Commission has placed Lions Park on the Parks Commission CIP and has incurred significant cost for repairs, prompting the need for further planning. Following the presentation and public comments the following motion passed: Councihnember Fliflet, seconded by Councilmember Bloyer, moved TO ISSUE AN RFP FOR ARCHITECTURAL WORK TO REDESIGN THE BALLFIELDS IN THE HISTORIC DOWNTOWN. MOTION PASSED 5 — O. At the April 18, 2016 Parks Commission meeting, the commissioners approved a proposed layout/redesign that included the removal of the parks storage building for a skating rink. A copy of the proposed layout is included in the packet. ISSUE BEFORE COUNCIL:. Should the RFP also include the removal of the parks storage building (south of fire station #1)? PROPOSAL DETAILS/ANALYSIS: Since the proposed impacted area approved at the Parks Commission on April 18, 2016 extends beyond the ball field area to include the removal of the parks storage building for a hockey rink, staff is bringing the issue back to Council to either amend the proposal to include removal of the storage building or to not include a hockey rink at the storage building site. FISCAL IMPACT: Staff anticipates additional cost to remove the parks storage building. The exact amount will be estimated in the RFP. Furthermore, the city may expect additional costs in determining, where the items currently housed in the storage building will be relocated. OPTIONS: 1) Approve issuing an RFP to include removal of the parks storage building 2) Do not approve issuing an RFP with the parks storage building removal 3) Make other changes to parameters of RFP RECOMMENDATION: Per Parks Commission actions: Motion to include the removal of the parks storage budding in Lions Park RFP ,t.Yyq; y upper 36t17 St. Creamery Building LAC 00 CI 100' 200' MAYOR AND COUNCIL COMMUNICATION DATE: May 17, 2016 REGULAR ITEM #: 25 MOTION AGENDA ITEM: Library Parking Lot SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND; The Library Board has been working on a parking lot design since last fall. They have vetted a couple different designs and settled on the concept B plan that is included in your packet, Brett Emmons and Library Director Nate Deprey met with City staff to discuss the process to move forward on May .10'1'. ISSUE BEFORE COUNCIL: Would the city cost share on the non -motorized portions of the project — sidewalks, planning for connection along north side of building, etc.? Would the City cost share in the overall project? PROPOSAL DETAILS/ANALYSIS: The library board is pursuing a design of the parking lot that will be a paved parking area along with green infrastructure features that will both improve water quality/quantity and downtown aesthetics/connectivity. They would Like to promote & enhance the pedestrian/bike connectivity between Lk Elmo Ave. downtown and areas to the east (Lions Park, future senior housing, future development), as envisioned in the last downtown vision documents. Since the Library Board feels the parking lot really does serve as a broader community resource for parking in the downtown area. So they would also like to request the city share in the cost of the parking lot as part of enhancing the downtown park users and businesses. FISCAL IMPACT: The estimated project costs are not known at this time but may be available at the meeting. OPTIONS: 1) Agree to cost share in the entire project 2) Agree to cost share for non -motorized portions of the project such as the sidewalk and connection along the north of the building. 3) Do not agree to cost share tree trench ' below ground ` seating ' ' crossings : Revised parking lot and entry drive \ocapture stonnwa(erand create enhance pedestrian environment. A tree trench will capture and store ntannwotorfor infiltration and reuse bylandscaping above, ^ Approx. 1.700r[+of treatment vo|umeintree trench ~ Pedestrian connection from Lake Elmo Ave. hrLion'uPark ~ Potential \ncapture adjacent streets ~ Benches, lighting, and furnishings improve pedestrian areas nowcspre LAKE ELMO LI.BRARY - TREE TRENCH AND WALKWAY _ - OA OB ' -k, m'�� `�'��[e"J — - ' --- tree trench filters and cools runoff and provides irrigation for landscaping pretreatment catch basins protect tree trench and improves maintenance additional landscaping for traffic calming and aesthetics �` wm|hwaKaddiUona|library pod�ng.and \0/ �ikemoknenhance pedestrian connections Parcel ID: 1302921230054 Parcel Address: 3537 LAKE ELMO AVE N, CITY OF LAKE ELMO Created on 5/12/2016 0 70 140 280 Feet I I I I I I C I MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT This drawing is the result of the compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only. Washington County is not responsible for any inaccuracies, n/c/x'/Tur J AKE ELMO MAYOR AND COUNCIL COMMUNICATION AGENDAKTEM: Discussion: zouiug|cximnrndmcot to the yeuuitted'conditional and (otchnu |uud uses in the rural zonim,disoicts. SUBMITTED BY: Stephen VVcnmnou.Planning Director REVIEWED BY: Kiixhnu 8u/njt,City Administrator Emily BeckerCity Planner On December 15, 2015i Staff asked [by Council to consider an ordinance amendment as it pertains to secondary dwellings, cemeteries, commercial stables, commercial kennels, golf courses, and agricultural sales inthe Rural and Agricultural Zoning Districts. The City Council approved a motion toamend the Lake Elmo City Code with the intent to reverse changes made in October of 2013 as it pertains to these listed land uses |nthe rural districts. The motion read: "TO APPROVE AN ORDINANCE AMENDMENT, AMENDING ARTICLE IX OF THE ZONING ORDINANCE REMOVING SECONDARY DWELLINGS, CEMETERY, COMMERCIAL KENNEL, COMMERCIAL STABLE, GOLF COURSE AND AGRICULTURAL SALES AS ALLOWABLE USES 0V THE RU8ALD/ST8/[7S'� In effect, the motion removed each of the above mentioned land use categories from Article N' Section The ordinance has not been published as Staff is seeking clarification from the Council as to the intent of the ordinance axitrelates tothe impact, ISSUE BEFORE COUNCIL: To review the motion made on December 15, 2016, and the potential unintended consequence. if the Council wishes to revise its motion, staff has prepared an alternate motion. PROPOSAL DETAIL06ANALV8l8: On December15, 2015the City Council discussed the zoning text amendment related tothe above mentioned land uses within the rural zoning districts, The [ound|'s expressed concern was that these uses were added to the Code in 2013 (Ordinance 08-173) without adequate discussion. OLD CODE PRIOR TO OCTOBER 2013. City Council Meeting Pho/to\heapprova|of0njinanceU8'173,theRTZoningQisthctdidnm1exist. The land uses Commercial Kennel and Commercial Stable did not exist by definition. Kennels and Stables did not differentiate between private and commercial. Land Uses Prior tu1O/2O13 Land Use Permitted/Conditional/interim Zoning District Secondary Dwellings Permitted Use A'Agricu|ture Cemeteries Conditional Use PF—Public-Semi Public Golf Courses Conditional Use R'3 Manufactured Home Park District Restricted Recreation Conditional Use A -Agriculture (Commercial Recreation) Agricultural Sales Business Permitted Use RR Rural Residential A`4gr\cu|ture OCTOBER 2013 LAND USE CHANGES. 0ndinance0O'l73.updaVsdtheZoo\n8[odebyeUminadnXsomezoningdistdcts,createdtheKT'Rue| Development Transitional zoning district, created some new land use categories such as Commercial Kennel and Commercial Stable, and assigned land uses to districts as P-permitted, C-conclitional, or I - Interim uses. Agricultural Sales Business became an interim use \nseveral districts. RT 4 Residential District Uses Secondary dwelling P Cemetery P Commercial Kennel [ [ Commercial Stable [ Golf Course [ Restricted Recreation C Agricultural Sales Business RR p [ - R5 RE - - City Council Meeting May lZ2Co6 Regular Agenda Item #26 After the City Council's December 15, 2015 motion to amend the zoning in the rural districts, Staffheld off preparing the final draft of the amended ordinance and its publication in order to understand the motion approved by Council, its impact, and to inform the Council about what may have been unintended consequences, mainly that Agricultural Sales Businesses will no longer be a land use category in the Rural and Agricultural Zoning Districts. Motion made on December 15, 2015 struck all of the above mentioned land uses from Article |X, Section 154.401, Table 9'I. As a result of the ordinance amendment, existing agricultural sales businesses will be unable to renew their permits when they expire. The affected businesses are: Name 1UP Expiration Date Country Sun Farm and Greenhouses July Z,lO23 Krueger Tree Farm January 1,ZD23 The attached zoning text amendment strikes secondary dwelling, cemetery, commercial kennel, commercial stable, golf courses and agricultural sales business from Article |X, Section 154.401, Table 9' l'consistentwiththe[hy[uunci|mohonmadeonDecembe/lS,ZO1I Staff has prepared an alternate ordinance that would strike the above mentioned land uses from the Rural Districts, but keeping "agricultural sales business" asan interim use. FISCAL IMPACT: None OPTIONS: The City Council has the following options: Or, 1) Reaffirm the motion made on December 15, 2017, and make the following motion in support of summary publication: "Move to approve Resolution 201646approving the summary publication ofOrdinance U8' 136 striking secondary dwelling, cemetery, commercial kennel, commercial stable, golf courses and agricultural sales bus/nessƒro,nArtit/elX, Section 15a[402,Table 9-2". l) Amend the motion of approval for the zoning text amendment keeping Agricultural Sales Businesses an interim use in the Rural and Agricultural Districts with the following motion: "Move to approve Ordinance 08-1364mending Article IX of the Zoning Ordinance, striking the land use categories. secondary dwelling, cemetery, commercial kennel, commercial stable and golf course, from Section 154'401 Table 9'1., and leaving agricultural sales business msmninterim use" Z) "Move to approve Resolution 2016-46approving the summary publication of the zoning text amendment as it pertains to secondary dwellings, cemeteries, commercial stables, commercial City Council Meeting May 17,2016 Regular Agenda Item #26 kennels, and golf courses, in Rural and Agricultural Districts (leaving agricultural sales business as an interim use)'� �EDATXON: . Staff recommends the City Council reconsider the motion to amend the City of Lake Elmo as it pertains to secondary dwellings, cemeteries, commercial stables, commercial kennels, golf courses, and agricultural sales in the Rural and Agricultural Zoning Districts with the following actions (Resolutions for summary publications require a 4/5 vote): 1)"Mowed to approve Ordinance 08-136Amending Article IX ofthe Zoning Ordinance, striking the land use categories: secondary dwelling, cemetery, commercial kennel, conn/nenc/o/ stable and golf course, from Section 154.402, Table 9-1, and leaving agricultural sales business osoninterim use" 2) "Move to approve Resolution 2016-46 approving the summary publication of the zoning text amendment psitpertains to secondary dwellings, cemeteries, commercial StobleS, commercial kennels, and golf courses, /n 8uoo/ and Agricultural Districts (leaving agricultural sales businesses osoninterim use)". If the City Council intended to remove Agricultural Sales Business from Section 154.401, Table 9-1, Staff recommends the following motion (Resolutions for summary publications require a 4/5vote): \) "Move to approve Resolution 2016-46 approving the summary publication of Ordinance 08-136 striking secondary dwelling, cemetery, commercial kennel, commercial stable, golf courses and agricultural sales business from Article IX, Section 154.401, Table 9-1 ". ATTACHMENTS: Ordinance 08'136a Amending Article |X of the Zoning Ordinance, striking the land use categories: secondary dwelling, cemetery, commercial kennel, commercial stable and golf course, from Section 154.401, Table 9'1, and leaving agricultural sales business as an interim use Ordinance 08'136b Amending Article |X of the Zoning Ordinance, striking the land use categories: secondary dwelling, cemetery, commercial kennel, commercial stable, golf course, and agriculture sales business from Section 154.4Ul,Table 9'1. Resolution 2016-46a approving the summary publication of the zoning text amendment as it pertains to secondary dwellings, cemeteries, commercial stables, commercial kennels, and golf courses, in Rural and Agricultural Districts (leaving agricultural sales businesses asan interim use) Resolution I016'46b approving the summary publication of Ordinance 88'136b striking secondary dwelling, cemetery, commercial kennel, commercial stable, golf courses and agricultural sales business from Article |X, Section 154.401,Tab|e 9'1" CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-136a AN ORDINANCE AMENDING SECTION 154.401 OF THE LAKE ELMO CITY CODE TO AMEND PERMITTED, CONDITIONAL AND INTERIM USES IN THE RURAL ZOINING DISTRICTS The City Council of the City of Lake Elmo hereby ordains that Section 154.401, Table 9-1 is hereby amended to read as follows: § 154.401 PERMITTED ,CONDITIONAL AND INTERIM USES. Table 9-1 lists all permitted and conditional uses allowed in the rural districts. "P" indicates a pennitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this Ordinance of specific development standards that apply to the limited use. A. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9.1: Permitted, Conditional and Interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household Living Single-family detached dwelling Services 1 Self Service Storage Facility Outdoor Recreation Outdoor Recreation Facility Parks and Open Areas Agricultural and Related Uses Agricultural Entertainment Business Agricultural Production Agricultural Sales Business Agricultural Services Forestry Operations la c P I I P P I I c P P P 154.404, P P 154.404,G 154.306.B 154.306.B,154.914 154.110 154.404.J Tab}c9-l: X»ern`thcd Conditional and Interim Uses, Rural Districts - _ Greenhouses, Non Retail Wayside Stand Industrial and Extractive Uses Motor Freight and Warehousing Accessory Uses Bed and Breakfast Domestic Pets Family Day Care Home Occupation Kennel, Private Solar Equipment Stable, Private Swimming Pools, Hot Tubs, Etc. Temporary Sales Water -Oriented Accessory Structures Other Structures Typically Incidental and Clearly Subordinate toPermitted Uses Commercial Wedding Ceremony Venue Open Space Preservation Development OP Development OP'A|tDeve|opnnent Notes 10Rural Districts Table 9'| /" [ p P p C p [ P P p P [ P P P [ p [ P p p P | | | | / - / p P P ' p P p P P ' | [ | [ | ' ! - [ [ / a. Non -Agricultural Low Impact Use (see 154.404.G) p P P ' P P p P P Note: Standards listed in Table 9-/are lived by Article, Section and Subsection. (()od.08-073,passed 3'l9-20\3) (Ord. OM-(O7,passed 5-b-20)4) Standard lS4.4S4.0 l54,4O4.G 154.310 154.404.1 154,650 Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper ofthe City ofLake Elmm. Adoption Date This Ordinance No. O8- was adopted on this 15 day of Decerriber, 2015, by a vote of3 Ayes and 2 Mayor Mike Pearson ATTEST: Julie Johnson City Clerk This Ordinance No. 08-136 was published on the day of , 2016. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-46a RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-136 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-136, an ordinance to amend the Permitted, Conditional and Interim Uses in the Rural Districts, Chapter 154, Article VIII, Section 154.401. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08- to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-136, which amends Chapter 154, Article VIII, Section 154.401. The revised ordinance amends Table 9-1, Pennitted and Conditional Uses with the following changes: Strikes striking secondary dwelling, cemetery, commercial kennel, commercial stable, and golf courses from Article IX, Section 154.401, Table 9-1 The full text of Ordinance No. 08-136 is available for inspection at Lake Elmo city hall durii regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: May 17, 2016 ATTEST: Resolution 2016-46 Mayor Mike Pearson Page 1 of 2 Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution 2016-46 Page 2 of 2 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-136b AN ORDINANCE AMENDING SECTION 154.401 OF THE LAKE ELMO CITY CODE TO AMEND PERMITTED, CONDITIONAL AND INTERIM USES IN THE RURAL ZOINING DISTRICTS The City Council of the City of Lake Elmo hereby ordains that Section 154.401, Table 9-1 is hereby amended to read as follows: § 154.401 PERMITTED ,CONDITIONAL AND INTERIM USES. Table 9-1 lists all permitted and conditional uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this Ordinance of specific development standards that apply to the limited use. A. Combinations ofuses. Principal and accessory uses may be combined on a single parcel. Table 9.1: Permitted, Conditional and interim Uses, Rural Districts RT A RR RS RE Standard Residential Uses Household Living Single-family detached dwelling Services Self Service Storage Facility Outdoor Recreation Outdoor Recreation Facility Parks and Open Areas Agricultural and Related Uses Agricultural Entertainment Business Agricultural Production Agricultural Services Forestry Operations P P P la P 154.404, - C - - 1 - P P P P P I I P P C C P 154.404.G 154.306.B 154.306.B,154.914 154.404.1 1[mble9-l: Pcrmmittcd Cmodi<imou> and Interim Uses, Rural Districts RT A RR IRS RE Greenhouses, Non Retail Wayside Stand Industrial and Extractive Uses Motor Freight and Warehousing Accessory Uses Bed and Breakfast Domestic Pets Family Day Care Home Occupation Kennel, Private Solar Equipment Stable, Private | Swimming Pools, Hot Tubs, Etc. Temporary Sales � Water -Oriented Accessory Structures Other Structures Typically Incidental and Clearly Subordinate toPermitted Uses Commercial Wedding Ceremony Venue | / Open Space Preservation Development OP Development OP'AhDeve|opment Notes to Rural Districts Table 9-1 /" � � | / | | | / P p P - p P P p / P P p ' P | | | [ C|- | ' C�[� / ` a. Non -Agricultural Low Impact Use (see 154.404.G) | / p p P P Note: Standar(Lv listed h/Table 9-/are listed hY Article, Section and S/bseaimM (Ord. 08-073'pooncd 3'19-2013) (Ord. 88-107,ponuod 5-0-2014) Standard I54.454.0 154.4O4.G 154.310 154.404.1 -1 Effective Date This ordinance shall kcoom,e effective immediately upon adoption and publication in the official newspaper of the City of Lake Eli -no. Adoption Date This Ordinance No. 08'130mao adopted on this 15 day ofDecember, 2015, by n vo(om[3 /\ycu and 2 Nuys. Mayor Mike Pearson ATTEST: Julie Johnson City Clerk This Ordinance No. 08-136 was published on the day of , 2016. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-46b RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-136 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-136, an ordinance to amend the Permitted, Conditional and Interim Uses in the Rural Districts, Chapter 154, Article VIII, Section 154.401. WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following sumrnary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following surrunary of Ordinance No. 08-136 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-136, which amends Chapter 154, Article VIII, Section 154.401. The revised ordinance amends Table 9-1., Permitted and Conditional Uses with the following changes: Strikes striking secondary dwelling, cemetery, commercial kennel, corrunercial stable, golf courses and agriculture sales business from Article IX, Section 154.401, Table 9-1 The full text of Ordinance No. 08-136 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: May 17, 2016 ATTEST: Resolution 2016-46 Mayor Mike Pearson Page 1 of 2 Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution 2016-46 Page 2 of 2 THE CITY OF LAKE El MO MAYOR AND COUNCIL COMMUNICATION DATE: May 17, 2016 REGULAR ITEM 14: 27 MOTION AGENDA ITEM: Shared Services and Fire Dept Staffing SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: In response to the recent reports about delayed fire response and limited staffing available for calls at certain times, Council members Fliflet and Lundgren are requesting staff look into some shared services with other departments and/or staffing changes within Lake Elmo Fire (such as the expansion of duty crews). As we have done with other issues, staff is bringing this to the Council for direction before embarking on this task. ISSUE BEFORE COUNCIL:, Should staff research and prepare info for presentation to the Council and/or Public Safety Committee regarding shared, automatic or direct service agreements and department staffing options? PROPOSAL DETAILS/ANALYSIS: Staff is being asked to look into options to address staffing shortages in the Fire Department. This could include reviewing the shared services study from 2011, exploring direct aid agreements with other communities, or automatic aid once the County Tiburon system is finally implemented. In addition, the City could explore different staffing Mixtures such as expanded duty crews, hiring part time firefighters to be at the station as other communities do, or reviewing recruitment efforts. This is not an exhaustive list and staff is not prepared to talk about the details at this time but given Council direction we will research more fully the options. The results of staff research could be shared with the Council and/or the Public Safety Committee at a future work session or joint meeting. OPTIONS: 1) Direct staff to research shared services or other agreements and staffing options for the Fire Department and report back to the Council 2) Direct staff to research shared services or other agreements and staffing options for the Fire Department and report back to a joint meeting of the Public Safety Committee and Council 3) Do not direct staff to research these issues RECOMMENDATION: Per Council members Fliflet and Lundgren, Motion to direct staff to research shared services or other agreements and staffing options Jor the Fire Department