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HomeMy WebLinkAbout07-19-16 City Council Meeting packet NOTICE OF MEETING City Council Meeting Tuesday, July 19, 2016 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1. June 21, 2016; July 5, 2016; July 5, 2016 Special Meeting D. Public Comments/Inquiries E. Presentations 2. Recognition of Mike Bouthliet’s Years of Service to the City of Lake Elmo F. Consent Agenda 3. Approve Payment of Disbursements 4. Accept June 2016 Financial Statements 5. Accept June 2016 Assessor’s Report 6. Accept June 2016 Building Department Report 7. Approval for Tax Abatement Payment for Valley Cartage 8. Approve Ordinance to Amend Building Regulations – Ordinance #08-147; Resolution 2016-60 9. Approve Paid on Call Firefighter Pay Increases 10. Approve Resolution Authorizing Condemnation Proceedings – Resolution 2016-61 11. 2016 Street, Drainage, and Utility Improvements – Pay Request No. 2. 12. Inwood Trunk Watermain Improvements – Approve Pay Request No. 3. 13. Inwood Booster Station – Approve Pay Request No. 2. 14. Inwood Water Tower (No. 4) – Approve Pay Request No. 2. 15. Approve Agreement with Property Owner of 8004 50th Street for Repairs Related to Hazardous Building Abatement Orders 16. Approve Resolution Authorizing 3M Litigation – Resolution 2016-62 G. Regular Agenda 17. CSAH 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements – Resolution for Municipal Support 18. Northland Proforma 19. Street Naming Policy – Ordinance #08-144 20. Hunting Ordinance – Ordinance #08-142 21. Rain Garden Maintenance 22. Censure of Council Member Bloyer H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES JUNE 21, 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: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, City Engineer Stempksi, Finance Director Bendel, Planning Director Wensman, Building Official Bent, and City Clerk Johnson. Others present: Parliamentarian Wendt. APPROVAL OF AGENDA Councilmember Bloyer, seconded by Councilmember Smith, moved TO MOVE ITEM 26 TO FOLLOW APPROVAL OF THE AGENDA. Motion passed 5 – 0. Councilmember Bloyer, seconded by Mayor Pearson, moved TO MOVE ITEM 32 TO FOLLOW ITEM 25. Motion failed 2 – 3. (Fliflet, Lundgren, Smith – nay) Councilmember Smith, seconded by Councilmember Fliflet, moved TO REMOVE ITEM 32 FROM THE AGENDA. Motion passed 3 – 2. (Pearson, Bloyer – nay) Mayor Pearson urged the Council to consider the Library item due to the July 1 st deadline for shifting the levy to the county for 2017 and joining the county system as a branch library. Planning Director Wensman postponed item 17 to a future date. Councilmember Fliflet, seconded by Councilmember Smith, moved TO REMOVE ITEM 6 TO ALLOW FOR DISCUSSION AT AN EXECUTIVE SESSION. Motion passed 3 – 2. (Pearson, Bloyer – nay) Councilmember Fliflet, seconded by Councilmember Smith, moved TO REMOVE ITEM 23 FROM THE AGENDA. Motion passed 3 – 2. (Pearson, Bloyer – nay) Councilmember Fliflet, seconded by Councilmember Smith , moved TO MOVE ITEMS 30 AND 33 TO FOLLOW ITEM 25. Motion passed 5 – 0. Councilmember Lundgren, seconded by Councilmember Smith, moved TO MOVE ITEM 15 TO FOLLOW ITEM 25. Motion passed 5 – 0. Amended agenda approved by unanimous consensus. ITEM 26: Parliamentarian Contract LAKE ELMO CITY COUNCIL MINUTES June 21, 2016 Page 2 of 6 City Attorney Sonsalla reiterated her position previously stated to the Council that state statute dictates that the mayor or acting mayor shall preside over meetings. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO DISCONTINUE THE PARLIAMENTARIAN CONTRACT. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the May 3, 2016 Regular Meeting and June 14, 2016 Special Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, expressed disappointment in the Environmental Committee not helping with rain garden maintenance. Christine Nelson, 2871 Legion Avenue North, commented on the Finance Committee review of Parks Commission projects and asked that the Library Board hold meetings at times that are accessible to residents who work during the day. Dana Nelson, 2871 Legion Avenue North, urged the Council to support Parks Commission plans to improve Lions Park and keep it in its current location. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept May 2016 Financial Statements 4. Accept May 2016 Assessor’s Report 5. Accept May 2016 Building Department Report 7. Downtown Phase 1 Improvements – Approve Cooperative Agreement Payment No. 2 8. Downtown Phase 2 Improvements – Approve CO#1 Sewer Alignment Revisions Along Lake Elmo Avenue 9. CSAH 15 & 10th Street Intersection – Approve Cooperative Agreement Payment No. 1 10. 2016 Street, Drainage, and Utility Improvements – Pay Request No. 1 11. Inwood Trunk Watermain Improvements – Pay Request No. 2 12. Inwood Booster Station – Pay Request No. 1 14. Full Depth Patching – Accept Bids and Award Contract 16. Approve Exception to Accessory Structures in Front Yard – Resolution 2016-43 18. Section 34 Water Pressure Investigation – Approve Task Order No. 7 19. Hazardous Building Order, 8004 50th St. – Adopt Resolution 2016-48 20. Nuisance Property Abatement Order, 8139 38th St. – Adopt Resolution 2016-49 21. Authorize RFP for Information Technology Services 22. Amend Budget Schedule LAKE ELMO CITY COUNCIL MINUTES June 21, 2016 Page 3 of 6 24. Amending the Wastewater Treatment System Ordinance to Extend the Time for Connection Mayor Pearson, seconded by Councilmember Smith, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. ITEM 25: Presentation and Acceptance of 2015 Comprehensive Annual Financial Report Jason Miller of Smith Schafer presented the Comprehensive Annual Financial Report. The report issued the highest opinion possible as a result of audit review of the City’s current financial status. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ACCEPT THE 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT. Motion passed 5 – 0. ITEM 30: Call for Public Hearing on Moratorium Planning Director Wensman reported that the current moratorium expires July 22, 2016 and presented options for extending the moratorium or allowing it to expire. Councilmember Fliflet, seconded by Councilmember Smith, moved TO DIRECT STAFF TO CALL A PUBLIC HEARING ON THE EXTENSION OF THE INTERIM ORDINANCE TO BE CONDUCTED BY THE CITY COUNCIL AT ITS REGULAR MEETING ON JULY 5, 2016. Motion passed 5 – 0. ITEM 33: Wastewater Incentive Program Administrator Handt reviewed the information provided to the City Council and recommendations from the Finance Committee for an incentive of a 50% reduction in the SAC and connection fees to encourage residents to connect to municipal sewer. Councilmember Fliflet, seconded by Councilmember Smith, moved TO ADOPT THE CONNECTION FEE AND SAC INCENTIVE OF 50% DISCOUNT FOR THOSE PROPERTIES WITH EXISTING ON-SITE SEWAGE TREATMENT SYSTEMS WHO CONNECT TO MUNICIPAL SEWER WITHIN ONE YEAR FROM THE DATE THE MAIN IS AVAILABLE TO THEIR PROPERTY. Motion passed ITEM 15: Approve Fish House Ordinance City Planner Wensman reviewed three amendments in the proposed ordinance update related to accessory structures to allow for fish houses to be placed on lake lots prior to a permanent structure being constructed. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THREE AMENDMENTS TO THE ACCESSORY STRUCTURE ORDINANCE: ALLOWING AN EXCEPTION FOR FISH HOUSES THAT MEET CERTAIN STANDARDS FROM THE LAKE ELMO CITY COUNCIL MINUTES June 21, 2016 Page 4 of 6 REQUIREMENT THAT A BUILDING PERMIT FOR A PRINCIPAL STRUCTURE BE ISSUED BEFORE AN ACCESSORY STRUCTURE CAN EXIST ON A LOT; STRIKING LANGUAGE IN SECTION 154.406, SUBD. D OF THE ZONING CODE THAT ALLOWS AN ACCESSORY STRUCTURE TO BE LOCATED NEARER A FRONT LOT LINE THAN THE PRINCIPAL STRUCTURE BY RESOLUTION OF THE CITY COUNCIL; AMENDING THE DEFINITION OF STORAGE OR TOOL SHED IN SECTION 154.213, SUBD. B BY INCREASING SQUARE FOOTAGE REQUIREMENT FOR A BUILDING PERMIT AND ADDING CLARIFYING LANGUAGE. Motion passed 4 – 1. (Pearson – nay) Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2016-47 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-138. Motion passed 5 – 0. ITEM 27: Tablyn Park Improvements Administrator Handt reviewed the Parks Commission proposed improvements for Tablyn Park. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE THE RECOMMENDED IMPROVEMENTS TO TABLYN PARK SO THAT STAFF MAY OBTAIN QUOTES. Dave Moore, 8680 Stillwater Boulevard, stated he lives across the street from Tablyn Park and there is no parking there in the winter due to heavy use of the park. Mr. Moore also stated that the neighbors would like to see lighting installed and suggested a guard rail at the entrance to prevent cars from sliding into the culvert. Brian Butler, 3631 Laverne Avenue North, stated he takes his daughter to sled at Tablyn Park in the winter and the parking lot is packed. Mr. Butler suggested the Councilmembers visit the park to see that more parking is needed and the park is not conducive to baseball use. Councilmember Smith, seconded by Councilmember Fliflet, moved TO AMEND THE PRIMARY MOTION BY ADDING: “APPROVE AN EXPENDITURE OF UP TO $46,000 FOR STAIRS TO THE PARKING LOT, ADA COMPLIANT SWITCHBACK TRAIL AND ENTRANCE LIGHTING SO STAFF MAY OBTAIN QUOTES.” Motion passed 5 – 0. Primary passed as amended 4 – 1. (Pearson – nay). ITEM 28: 5th Street Irrigation Requirements Planning Director Wensman stated that staff is seeking clarification on standards for commercial irrigation standards. Stephen Mastey, consulting landscape architect, and Tim Malooly of Water in Motion provided detailed information on sprinkler systems and standards. Wensman reported that staff would continue to work with the consultants to separate public and private systems and bring revised standards back for Council consideration. ITEM 29: MS4 Program – Public Meeting and Approve Annual Report LAKE ELMO CITY COUNCIL MINUTES June 21, 2016 Page 5 of 6 City Engineer Stempski presented the highlights of the MS4 Annual Report for 2015 and reviewed 2016 key work plan tasks. Public hearing was held with no comments from the public. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO ACCEPT THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) ANNUAL REPORT FOR 2015, AND AUTHORIZE STAFF TO SUBMIT THIS REPORT TO THE MPCA BY JUNE 30, 2016. Motion passed 5 – 0. ITEM 31: Lot Coverage Requirements as They Relate to Pools Planning Director Wensman reviewed the lot coverage requirements for swimming pools as it relates to impervious surfaces. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO TABLE TO THE NEXT MEETING AND DIRECT STAFF TO LOOK FOR PAST RECORDS OF THE ISSUE. Motion passed 4 – 0 – 1. (Pearson – abstain) COUNCIL REPORTS Mayor Pearson: Expressed sadness over the passing of former employee Tom Bouthilet and acknowledged his work for the City. Councilmember Fliflet: Recognized volunteers’ efforts at the Arts Center building, thanked volunteers and staff for their hard work during Clean Up Day. Attended two Finance Committee meetings, took calls from Village residents. Councilmember Smith: Thanked volunteers for assisting with Clean Up Day, attended Finance Committee meeting. Condolences to the family of Tom Bouthilet. Councilmember Lundgren: Farmers Market season begins Saturday, June 25th. Reported that the Clean Up Day was very well attended. Councilmember Bloyer: Met with residents to discuss lake issues. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Worked with Planning Staff on a railroad crossing in the village, attended part of the LMC conference. Received five bids in response to the Lions Park RFP. Noted a special closed session meeting will be held on June 30th at 5:00 as that was the most workable time and day for the majority of the City Councilmembers. Finance Director Bendel: Reminded the Council of the July 19th Finance Committee meeting from 5:00 – 7:00 p.m. to review department budgets. City Attorney Sonsalla: Reported on current projects and stated that the photo of three Councilmembers together after adjournment of a Council meeting that has been circulating on the internet does not necessarily represent an open meeting law violation. LAKE ELMO CITY COUNCIL MINUTES June 21, 2016 Page 6 of 6 Planning Director Wensman: Working on development review and landscaping/irrigation issues. City Engineer Griffin: Reported that City construction projects are moving along smoothly. Meeting adjourned at 11:39 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES JULY 5, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 6:00 p.m. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Anne Smith, and Jill Lundgren. Staff present: Administrator Handt, City Attorney Sonsalla, and City Clerk Johnson. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ENTER CLOSED SESSION. Motion passed 5 – 0. Councilmember Fliflet, seconded by Mayor Pearson, moved TO RETURN TO OPEN SESSION AT 6:35 P.M. Motion passed 5 – 0. Administrator Handt stated for the record that the performance and proposed raises for the Building Inspector, Finance Director and City Clerk were discussed during the closed session. The City Council received information from Administrator Handt regarding the performance review of the Fire Chief in open session. Chief Malmquist provided input to the City Council as well. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE PAY INCREASES RECOMMENDED BY THE CITY ADMINISTRATOR. Councilmember Fliflet, seconded by Councilmember Lundgren, moved A SUBSTITUTE MOTION TO CHANGE THE PROPOSED RAISES FOR THREE STAFF MEMBERS (FINANCE DIRECTOR – 5.5%; CITY CLERK – 4%; BUILDING INSPECTOR – 4%) AND UPHOLD THE CITY ADMINISTRATOR’S RECOMMENDATION FOR THE FIRE CHIEF. Motion passed 3 – 0 – 2. (Pearson, Bloyer – present/not voting) Primary motion as substituted passed 3 – 0 – 2. (Pearson, Bloyer – present/not voting) Meeting adjourned at 6:55 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES JULY 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: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Wensman, and City Clerk Johnson. APPROVAL OF AGENDA Items 5, 6 and 7 were moved to the Regular Agenda. Items 8 and 14 were postponed to the next meeting. Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the May 17, 2016 Regular Meeting were accepted as presented and June 28, 2015 Special Meeting were accepted with a correction in the call to order time. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, spoke about courtesy and the City to show more interest in the maintenance of the rain gardens. Pat Dean, 8028 Hill Trail North, commented on the history of Lake Demontreville and Lake Olson lake levels and no wake ordinances. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept Fire Department Report 4. Approve Vacating Watermain Easements on Property Located at 8574 Eagle Point Circle North, Lake Elmo, Washington County, MN PID #33.029.21.43.0004 9. Approve Appointment of Election Judges for 2016 Primary and General Elections – Resolution 2016-52 10. Approve Resolution Declaring the PT Fire Department Administrative Assistant Position a Firefighter Position – Resolution 2016-56 11. 2016 Street, Drainage and Utility Improvements – Change Order No. 1 12. Inwood Trunk Watermain Improvements – Change Order No. 1 Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2016 Page 2 of 5 ITEM 5: Approve Ordinance to Amend Article XV: Land Usage; Chapter 154: Zoning Code; Section 205: Fencing Regulations; Subd. 6.: Easement Encroachment of the Lake Elmo Code of Ordinances to Allow Administrative Approval of Encroachment Agreements – Ordinance 08-140; Resolution 2016-57 Planning Director Wensman explained that the purpose of the proposed ordinance is to streamline the process and reduce the cost to homeowners. Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE THE ORDINANCE AMENDMENT TO CHAPTER 154: ZONING CODE; SECTION 205: FENCING REGULATIONS; SUBD. (D)(6) , TO ALLOW APPROVAL OF A FENCE EASEMENT ENCROACHMENT AGREEMENT BY THE PLANNING DIRECTOR OR HIS/HER DESIGNEE AND DIRECT STAFF TO REVIEW THE FEE AND BRING BACK A RECOMMENDATION FOR REDUCING THE FEE AS SOON AS PRACTICAL. Motion passed 5 – 0. Councilmember Smith, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-57 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08- 140. Motion passed 5 – 0. ITEM 6: Approve Ordinance to Amend Section 10.99 Penalties of the Lake Elmo Code of Ordinances City Attorney Sonsalla reported on recent changes made by the legislature related to fees. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO ADOPT ORDINANCE 08-141, AMENDING THE CITY OF LAKE ELMO ORDINANCES PERTAINING TO ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES. Motion passed 5 – 0. ITEM 7: Approve Renaming Layton Avenue to Wildflower Drive Council received clarification on the specific location of the street to be renamed. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE RENAMING OF LAYTON AVENUE NORTH, WEST OF 39TH STREET TO CONNECTION OF WILDFLOWER DRIVE, TO WILDFLOWER DRIVE. Motion passed 5 – 0. ITEM 13: Approve Amending the Comprehensive Land Use Plan Planned Land Use Category for Rural Single Family Such That the City Council Can Allow Connection to the Sanitary Sewer System Where Practical Planning Director Wensman presented his report and maps depicting the location of properties that would be affected. Mayor Pearson, seconded by Councilmember Fliflet, moved TO APPROVE RESOLUTION 2016-50 AMENDING THE CITY OF LAKE ELMO COMPREHENSIVE LAND USE PLAN LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2016 Page 3 of 5 AMENDING THE RURAL SINGLE FAMILY LAND USE CATEGORY TO FIX INCORRECT ZONING CODE REFERENCES, CREATING A NEW LAND USE CATEGORY CALLED RURAL SINGLE FAMILY – SEWERED, AND REGUIDING OF AREAS CURRENTLY GUIDED AS RURAL SINGLE FAMILY THAT ARE WITHIN A MUSA TO RURAL SINGLE FAMILY – SEWERED. Motion passed 4 – 1. (Lundgren – nay) ITEM 15: Public Hearing on Moratorium Extension Planning Director Wensman presented background information on the existing residential development moratorium, noting that it is due to expire on July 22, 2016. Councilmember Smith, seconded by Councilmember Fliflet, moved TO OPEN THE PUBLIC HEARING AT 7:56 P.M. Motion passed 5 – 0. Administrator Handt noted correspondence received from attorney Bradley Gunn. Councilmember Smith, seconded by Councilmember Lundgren, moved TO CLOSE THE PUBLIC HEARING AT 7:57 P.M. Motion passed 5 – 0. Councilmember Smith, seconded by Councilmember Lundgren, moved TO ADOPT ORDINANCE 08-146, AN INTERIM ORDINANCE EXTENDING THE MORATORIUM ON RESIDENTIAL DEVELOPMENT WITHIN THE STAGE ONE DEVELOPMENT AREA AND ALL DEVELOPMENT ACTIVITY WITHIN THE STAGE TWO AND THREE DEVELOPMENT AREAS AS DESCRIBED BY THE LAKE ELMO COMPREHENSIVE PLAN. Motion passed 3 – 2. (Pearson, Bloyer – nay) Mayor Pearson stated he is not pro-development but is looking out for the taxpayers. Councilmember Bloyer stated that he is opposed to limiting a land owner’s opportunities to develop their property when many people count on that investment for retirement. Councilmember Smith, seconded by Mayor Pearson, moved TO APPROVE RESOLUTION 2016-59 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-146. Motion passed 5 – 0. ITEM 16: Funding Request for Fishing with Deputies Event Administrator Handt presented the request for funding assistance for an event to be conducted by the Washington County Sheriff’s Department. City Attorney Sonsalla stated she believes it would be an acceptable expenditure. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE UP TO $1,000 FOR THE WASHINGTON COUNTY SHERIFF’S OFFICE KIDS FISHING EVENT. Motion passed 5 – 0. ITEM 17: Stormwater Ordinance Amendment – Consideration to Reinstate the 1% Rule Provisions LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2016 Page 4 of 5 City Engineer Griffin provided an overview of the 1% rule for stormwater regulation and the Minimal Impact Design Standards performance goals. Griffin recommended that the Council take no action or refer the issue a professional consultant for analysis. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO REFER THE 1% RULE TO THE ENVIRONMENTAL COMMITTEE FOR REVIEW AND RECOMMENDATIONS TO THE CITY COUNCIL. Motion passed 5 – 0. ITEM 18: Ordinance 08-143, An Ordinance Amending the Lake Elmo City Code of Ordinance by Amending the City’s Provisions Related to the City Council Administrator Handt presented minor changes recommended correct some conflicting provisions. Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08-143 AMENDING CHAPTER 31 OF THE CITY CODE OF ORDINANCES. Motion passed 5 – 0. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-54 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-143. Motion passed 5 – 0. ITEM 19: Direct Parks Commission to Work on Plans for a Neighborhood Park in the Savona Neighborhood and Include This Project in the 2017 CIP Administrator Handt reviewed the parkland dedication area and reported that a resident has requested the City install a neighborhood park. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO DIRECT THE PARKS COMMISSION TO WORK ON PLANS FOR A NEIGHBORHOOD PARK IN THE SAVONA NEIGHBORHOOD THIS FALL TO BE BUILD NEXT YEAR. Motion passed 3 – 1 – 1. (Pearson – nay; Bloyer – present/not voting) Mayor Pearson stated that the Parks Commission should be allowed to work on this without direction from the City Council. ITEM 20: Consideration Regarding Whether Any Action Needs to be Taken Regarding Employee Complaint Against Councilmember Bloyer That Was Found to be Unsustained by the City Attorney City Attorney Sonsalla summarized her findings of the complaint made against Councilmember Bloyer. Christine Nelson, 2871 Legion Avenue North, stated that the repeated unfounded complaints are wasting taxpayer money. Dick Weir, 3645 Laverne Avenue North, stated that the conduct of another Councilmember has been similar to what Councilmember Bloyer is being accused of. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2016 Page 5 of 5 Barry Weeks, 3647 Lake Elmo Avenue North, stated that he didn’t see anything at the meeting referenced in the complaint that is worthy of a complaint. Councilmember Bloyer read a statement commenting on the complaint. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT A RESOLUTION CENSURING COUNCILMEMBER BLOYER. Motion passed 3 – 1 – 1. (Pearson – nay; Bloyer – abstain) COUNCIL REPORTS Mayor Pearson: Thanked the Lake Elmo Rotary for providing ice cream at the 4th of July Kids Parade. Councilmember Fliflet: Thanked Steve Johnson and the Lake Elmo Rotary for organizing the Lake Elmo 4th of July Kids Parade. There is a request in the Fresh weekly email for kids to volunteer to help with rain gardens. Thanked Councilmember Lundgren for her work on the Farmers Market. Councilmember Smith: No report. Councilmember Lundgren: Farmers Market is held Saturdays 8:00 – 11:30 a.m. and is seeing a good turnout. Councilmember Bloyer: Met with resident Virginia Pleban to discuss rain gardens, expressed sadness over the library vote and warned that lake issues may be brought up again, urgi ng that residents be given plenty of notice. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Thanked Neil and Deb Krueger for a tour of their business. Working on budget drafts and announced the new Public Works Director has started on July 1st. City Clerk Johnson: Attended Washington County election training and completed Secretary of State training to administer the City’s elections. City Attorney Sonsalla: Drafted the moratorium extension and revisions to other documents. Planning Director Wensman: No report. City Engineer Griffin: Construction will be starting in front of the Lake Elmo Inn while it is closed and noted that the county has installed a webcam to allow the public to view the progress. Meeting adjourned at 10:33 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO PROCLAMATION WHEREAS: Mike Bouthilet joined the City of Lake Elmo on November 22, 1985 as a General Maintenance Operator, and WHEREAS: During the course of his 30+ years of service, Mike was promoted to Public Works Superintendent; and WHEREAS: Mike has guided his department through the expansion of miles of City streets and large public infrastructure projects; and WHEREAS: Mike has given his own personal time on many occasions to assist with projects and events in the City’s parks; and NOW, THEREFORE BE IT RESOLVED, in recognition of his 30 years of service to the citizens of Lake Elmo, the Lake Elmo City Council and the Lake Elmo Parks Commission, we offer our sincerest congratulations to Mike Bouthilet and extend our heartfelt thanks, and our fondest wishes for a happy, healthy and extremely long retirement. Signed this 19th day of July, 2016. _____________________________ Mike Pearson Mayor MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM #3 MOTION AGENDA ITEM: Approve Disbursements in the amount of $1,770,637.86 SUBMITTED BY: Patty Baker, Accountant THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item ............................... City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff .............. Mayor Facilitates - Call for Motion ................................ Mayor & City Council - Discussion ........................................ Mayor & City Council - Action on Motion ..................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $1,770,637.86 City Council Meeting [Consent Agenda Item 3] July 19, 2016 -- page 2 -- SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $1,770,637.86. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 15,648.56 Payroll Taxes to IRS & MN Dept of Revenue 07/07/16 ACH $ 7,198.40 Payroll Retirement to PERA 07/07/16 ACH $ 1,200.00 Payroll Retirement to ICMA 07/07/16 DD7273- DD7328 $ 40,921.41 Payroll (Direct Deposits) 07/07/16 44540-44600 $ 1,181,434.77 Account Payable 07/19/16 City Council Meeting [Consent Agenda Item 3] July 19, 2016 -- page 3 -- 2775-2777 $ 180.00 Library Card Reimbursement 07/19/16 ACH $ 3,781.25 Bond Payment, 2009B 07/15/16 ACH $ 383,185.00 Bond Payment, 2013A 07/15/16 ACH $ 75,538.75 Bond Payment, 2014A 07/15/16 ACH $ 61,549.72 Bond Payment, 2015A 07/15/16 TOTAL $ 1,770,637.86 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $1,770,637.86. ATTACHMENTS: 1. Accounts Payable – check registers MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM #4 MOTION AGENDA ITEM: June 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 Item………………………………………...City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the June 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 normal 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 June 2016 reflecting the monthly and year to date detail, comparing the actual results to the 2016 Budget. City Council Meeting [Consent Agenda Item #4] July 19, 2016 -- page 2 -- GENERAL FUND: Revenues: Total revenue for the month was 93.2% above budget for the month bringing the year to date to 55.2% better than budget. The most significant budget to actual revenue variances are as follows: • The annual recycling grant proceeds of $15.7k were received in June but were budgeted to be received later in the year. • Cable Franchise revenue was 118.3% above the budgeted amount due to the Cities increased share of the franchise revenue. Expenses: Total expenses for the month were 72.8% below budget for June bringing the year to date expenses to 31.1% lower than budget. The following summarizes variances of note: General: • General Government expenses were 16.9% higher than budget for the month bringing the year to date expenses to 26.1% 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 85.0% lower than budget for the month bringing the year to date expenses to 52.6% lower than budget. This was primarily due to not yet having received the billing from WA Cty for Policing Services for the first half of the year. . • Public Works – The total Public Works expenses were 84.7% lower than budget for the month bringing year to date expenses to 54.5% better than budget. This is primarily due to the Seal Coating and Cracking filling to not yet having received the progress billings as anticipated in the budget. The project is on schedule and costs will be within the budgeted amounts. This is just a timing issue. In summary, the June revenues were 93.2% better than budget and the expenses were 72.8% lower than budget resulting in a net income of 103.3% better than budget. On a year to date basis, the revenues are 26.1% above budget and the expenses were 31.1% less than budget resulting in a net income of 75.7% better than budget year to date. City Council Meeting [Consent Agenda Item #4] July 19, 2016 -- page 3 -- LIBRARY FUND: The net income for the Library Fund for the month of June was $1.6k over budget (10.7%) bringing the year to date to $54.9 better than budget. The ending cash balance as of the end of June is $150.6k. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached June Financial Report. ATTACHMENT: 1. June Financial Reports MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM #5 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff .............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion ..................................................................... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through June 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 Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats – 1 Sales collected and viewed – 13 Taxpayer inquiries – 3 Miscellaneous inquiries - 1 Inspections – Residential – 101; Commercial – 1 Building permit reviews – 24 Pictures taken – 105 Other work performed included:  Monthly meeting with County residential and commercial supervisors  Input of all inspection and permit work City Council Meeting [Consent Agenda Item #5] July 19, 2016 -- page 2 --  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 June 2016 monthly assessor report. MAYOR AND COUNCIL COMMUNICATION DATE: 07/19/2016 CONSENT ITEM #: 6 AGENDA ITEM: Building Department Report SUBMITTED BY: Mike Bent, Building Official THROUGH: Mike Bent, Building Official REVIEWED BY: Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept 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 June 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 112 46 12 Total valuation $36,269,774 $16,281,534 $7,380,282 Average home value $328,837 $353,946 $615,024 Total Permit Valuation YTD $49,902,370 $20,093,527 $9,953,075 *Includes one home rebuild due to fire RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the June 2016 monthly building permit report. ATTACHMENTS: 1. Valuation Report 2. Permits Issued & Fees Report 3. Inspection statistic report for June 2016 MAYOR AND COUNCIL COMMUNICATION DATE: 07/19/2016 CONSENT ITEM #: 8 AGENDA ITEM: Amending the Lake Elmo City Code of Ordinances Related to Building and Fire Code Regulations SUBMITTED BY: Mike Bent, Building Official THROUGH: Mike Bent, Building Official REVIEWED BY: Sarah Sonsalla, City Attorney SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept and approve the Ordinance to Amend Building Regulations. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT: The City Code of Ordinances related to Building and Fire Code Regulations have been updated to reflect current state code language and statutes. RECOMMENDATION: Based on the aforementioned, staff recommends the City Council accept amending the Lake Elmo City Code of Ordinances Related to Building and Fire Code Regulations. ATTACHMENTS: 1. Amended Building Regulations CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-147 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES RELATED TO BUILDING AND FIRE CODE REGULATIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 115.001 of the City Code by deleting the existing language and replacing it with the following: § 115.001 STATE BUILDING CODE ADOPTION BY REFERENCE. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through its Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Section. The Minnesota State Building Code is hereby incorporated in this Section as if fully set out herein and shall be known as the “Lake Elmo Building Code”. SECTION 2. The City Council of the City of Lake Elmo hereby amends Section 115.002 of the City Code by deleting the existing language and replacing it with the following: § 151.002 APPLICATION, ADMINISTRATION, AND ENFORCEMENT. The application, administration, and enforcement of the Building Code shall be in accordance with Minnesota State Building Code. The Building Code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes Section 326B.121, subdivision 2(d). The code enforcement agency of the City is called the “Lake Elmo Building Department.” The Building Code shall be enforced by the City Building Official, as the Building Official is designated by the City to administer the code in accordance with Minnesota Statutes 326B.133, subdivision 1. SECTION 3. The City Council of the City of Lake Elmo hereby amends Section 115.003 of the City Code by deleting the existing language and replacing it with the following: § 151.03 PERMITS, INSPECTIONS, AND FEES. (A) The issuance of permits, conducting of inspections and the collection of fees shall be as authorized in Minnesota Rules Chapter 1300. Permit fees shall be assessed for work governed by this Section in accordance with the city’s fee schedule. In addition, a surcharge fee shall be collected on all permits issued for work governed by this Section in accordance with Minnesota Statutes 326B.148, subdivision 1. (B) No permit as required by the Building Code shall be issued, until the fees prescribed have been paid, nor shall an amendment to a permit be approved until the additional fees, if any, due to an increase in the estimated cost of the building or structure have been paid. (C) Plan review fees shall be 65 percent of the building permit fee. Investigation fees for work started without a permit shall be equal to the permit fee. (D) Plan review fees for similar plans shall be 25 percent of the normal building permit fee. (E) The plan checking fee shall be paid by the applicant to the city. (F) Permits shall be required for moving structures within, out, or through the city. Structure moving permit fees shall be as established by the city’s fee schedule. (G) An escrow administration fee in an amount established the city’s fee schedule shall be paid before a permit is issued for all permits requiring escrow in accordance with Section 151.022 of this Code. SECTION 4. The City Council of the City of Lake Elmo hereby amends Section 151.015 of the City Code by deleting the stricken language and adding the underlined language as follows: § 151.015 GENERALLY. (A) Permits required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city or cause these actions to be done without first obtaining a separate building permit for each building or structure as required by the State Building Code as adopted by this chapter. (B) Fees established. (1) Fees shall be as provided by City Council ordinance, as amended from time to time, and shall be attached as Appendix A of the code. (2) (a) The Building Official shall utilize the chart of estimated construction costs as annually provided by the Minnesota Department of Administration Labor and Industry, State Building Codes and Standards Division Building Codes and Standards Unit, to compute building valuations for the purposes of establishing the permit fees of the city. (b) Specific fees are set forth from time to time by resolution of the City Council. (C) Double fee. If any construction is undertaken in the absence of a permit required by this code to be issued as a prerequisite to building construction, the permit fee shall be double the stated amount. (D) Building demolition fees. All building or structures prepared for demolition within the city require a demolition permit. (E) Surcharge. In addition to the permit fees required, the applicant shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by M.S. § 16B.70, as it may be amended from time to time. SECTION 5. The City Council of the City of Lake Elmo hereby amends Section 151.017, paragraph (G) of the City Code by deleting the stricken language and adding the underlined language as follows: § 151.017 EXCAVATION AND GRADING PERMITS. (G) Submission requirements. All grading and excavation permit applications shall be accompanied by the following information: (1) The legal description of the property; (2) The required fee as set forth in the city’s fee schedule by Chapter 70 of the Uniform Building Code, as it may be amended from time to time; (3) Evidence of ownership or an interest in the property; (4) Existing and proposed final grades utilizing 2 foot contour intervals; (5) A survey showing the location and elevation of all roads, utilities, and structures which may be impacted by the proposal; (6) A tree survey showing all trees having a caliper of 6 inches or greater and a tree preservation plan; (7) A landscaping and site restoration plan; (8) A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this chapter and the Comprehensive Plan; (9) A drainage plan which includes any engineering work for stormwater retention which may be necessary; (10) An erosion control plan indicating the type and location of erosion measures to be used; (11) A traffic analysis showing how the materials will be removed from or delivered to the site; (12) Two copies of all available soil borings together with boring location maps and any other soil information pertinent to improvements; (13) The other information as may be required by the city; (14) Schedule of building construction phasing on permit site; (15) Hours of operation; and (16) Duration of activity. SECTION 6. The City Council of the City of Lake Elmo hereby amends Section 151.020 of the City Code by deleting the stricken language and adding the underlined language as follows: § 151.020 EXTERIOR FINISH. All residential buildings shall have the exterior finished within 1 year of the date of the permit was issued. The exterior of all structures must be finished within six months from the date of commencement of construction of the structure. The Building Official may extend the completion date for large scale projects or demonstrated hardship. SECTION 7. The City Council of the City of Lake Elmo hereby amends the City Code by repealing Section 151.021, Expiration, in its entirety. SECTION 8. The City Council of the City of Lake Elmo hereby amends Section 151.025 of the City Code by deleting the stricken language and adding the underlined language as follows: § 151.025 INCOMPATIBLE STRUCTURES. (A) Referral by Inspector and Clerk Building Official and City Administrator. Whenever an application is filed with the city for a building permit for any structure to be built, enlarged, or altered within, or moved in or into the city, and the Building Inspector Building Official finds that the application, plans, and specifications, and the plot plan submitted (the application papers) comply with the code of the city except that the application papers provide for a structure, the exterior design, appearance, and functional plan which the Building Inspector and the Clerk Building Official and City Administrator feel may be so at variance or so similar with the exterior design, appearance, and functional plan of structures in the neighborhood and same zoning district of the proposed structure as to cause a material depreciation generally to property in the neighborhood, then the Building Inspector Building Official shall within 10 days after the receipt of the application papers, file the papers and the opinion in writing, signed by the Building Inspector and the Clerk Building Official and City Administrator, with the Planning Commission. (B) Call of hearing. Within 10 days after the receipt of the application papers and opinions, the Clerk City Administrator shall give notice to each member of Planning Commission and to the public by publication in the official paper and to any other persons the Clerk City Administrator deems advisable, of a hearing to be held by the Planning Commission with respect to the application. The notice shall state the purpose of the hearing and the location of the structure. Notice to the applicant shall be by registered mail at least 3 days in advance of the hearing, provided appearance at the hearing shall constitute a waiver of any defect in the notice of the hearing. The hearing on the application shall be held not less than 1 week nor more than 2 weeks after receipt of the application by the city. (C) Hearing and findings. Before or during the hearing, each member of the Planning Commission may view the premises upon which the structure is located or to be located, and at the hearing the Commission shall examine the application papers and hear the applicant. It may also hear any citizens of the neighborhood and other individuals who request to be heard. Within 48 hours of the close of the hearing, the Commission shall, pursuant to a majority vote of all the members of the Commission, file written findings of the fact. It shall determine whether the exterior design, appearance, and functional plan of the structure is or is not at a variance or so similar with the exterior design, appearance, and functional plan of structures constructed or in the course of construction in the neighborhood of the proposed structures, (in the same zoning district) as to cause material depreciation generally to property in the neighborhood. The Commission shall further make a recommendation that the application be accordingly granted or denied. The finding, determination, and recommendation shall be in writing, signed on behalf of the Planning Commission by its Chair. The Clerk City Administrator shall file a certified copy of the finding, determination, and recommendation with the Building Official and shall mail a copy to the applicant. The application papers, the written opinions, and the findings, determinations, and recommendations of the Planning Commission shall immediately be presented by the Clerk City Administrator to the Council at its next regular meeting. Further action with respect to the application shall be held in abeyance pending order and direction of the Council. In that case, no permit with respect to the application shall be issued except upon order and direction of the Council. SECTION 9. The City Council of the City of Lake Elmo hereby amends the City Code by repealing Section 151.026, Suspension or Revocation, in its entirety. SECTION 10. The City Council of the City of Lake Elmo hereby amends Section 151.027, paragraph (B) of the City Code by deleting the stricken language and adding the underlined language as follows: § 151.027 CONSTRUCTION SITE EROSION CONTROL. (B) Site grading. (1) Submission requirements. All applications for a building permit shall include a plot or site plan detailing the proposed finished grades of the site at all building corners and all lot corners. All grades proposed shall be consistent with the approved grading plan for the subdivision in which the building site is located. (2) As built grades certification. No certificate of occupancy shall be issued Amounts collected by the city and held in escrow as security to ensure completion of construction projects for any structure until the for any activity which requires a permit shall be held until the builder or the property owner have has provided the city with a certificate of a registered surveyor or civil engineer attesting to the “as built” grades of all building corners and site corners; and, the certificate shows all the grades to be consistent with the plot or site plan attached to the building permit application. SECTION 11. The City Council of the City of Lake Elmo hereby amends the City Code by repealing Section 151.040, Fire Detection System Required, in its entirety. SECTION 12. The City Council of the City of Lake Elmo hereby amends Section 151.041 of the City Code by deleting the stricken language and adding the underlined language as follows: § 151.041 FIRE PREVENTION AND PROTECTION AND SAFETY DEVICES. (A) Generally. Building owners shall comply with the following regulations on or before 1-1-2002 for existing commercial structures, and prior to the issuance of a certificate of occupancy for new commercial structures. (1) Floor plans. A building floor plan shall be provided to the Lake Elmo Fire Chief. The floor plan shall satisfy the following requirements: (a) It shall illustrate, to scale, each floor and basement area; (b) It shall illustrate locations for the electrical main panel and shut offs, gas utility locations and shut offs, water main shut offs, sprinkler system valves, and main shut offs; (c) It shall illustrate the locations of all smoke detectors, fire alarms, fire alarm pulls, fire extinguishers, alarm indicator panels, and main alarm panels; (d) It shall illustrate the location of stairwells, emergency exits, interior doorways, attic access, firewall locations, firewall attic access, and roof access; and (e) Any other information as deemed necessary and reasonable by the Lake Elmo Fire Chief. (2) Hazardous material list. The Lake Elmo Fire Chief shall be provided a list of all hazardous materials/chemicals stored in the commercial structure and/or on the commercial property, a drawing to scale which provides the quantities of the materials/chemicals, and a material data sheet for each hazardous material/chemical. Hazardous material lists shall be updated annually and when shipments of new or seasonal chemicals/materials are received. (3) Standpipes. All commercial buildings in excess of 1 story shall install Fire Department standpipe connections in stairwells with connections to the standpipe located on each floor landing area. A standpipe shall satisfy the following requirements. (a) It shall be constructed of a minimum of 3 inch piping with a 2 and ½ inch outlet for the Fire Department. (b) It shall have a minimum flow capacity of 250 gallons per minute. (c) It shall have connection threads that are consistent with the standards contained in the “National Standard Hose Threads” regulation. (4) Exit signs. All commercial structures with sleeping quarters shall install lighted exit signs above and on the side of doors at floor level on the door handle side of the frame. (5) Smoke detectors. Smoke detectors shall be required in all commercial structures. Smoke detectors shall be connected to the fire alarm system for proper notification of the Fire Department when an alarm occurs. (6) Annunciator panel. The annunciator panel for heat, smoke, and fire alarm shall clearly show the location of the particular alarm or alarms that have tripped. (7) Effective date. Division (A) shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Lake Elmo City Council. (B) Lock boxes. (1) Lock boxes shall be required on all new commercial structures in Lake Elmo. (2) The lock box shall be mounted in an easily accessible location near the main entrance of the structure or as otherwise approved in writing by the Lake Elmo Fire Chief. (3) The lock box shall contain all keys necessary to gain access to the commercial structure as well as access to interior areas of the structure. (4) The Lake Elmo Fire Chief shall be contacted when access to a lock box is requested by the property owner in order to change keys for various building locks. (A) State fire code adopted. The Minnesota State Fire Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 299F.011, including all of the amendments, rules and regulations established, and appendix chapters as outlined below, adopted and published from time to time by the Minnesota Commissioner of Public Safety, through its fire marshal division is hereby adopted by reference and incorporated in this section as completely as if set out in full. A person desiring a permit as required by the Minnesota State Fire Code shall submit an application to the Fire Code Official along with any fee required by the city fee schedule. (B) Appendix chapters adopted. The following appendix chapters as identified in the Minnesota State Fire Code are hereby adopted and incorporated: (1) Appendix C: Fire Hydrant Locations and Distribution; (2) Appendix D: Fire Apparatus Access Roads; (3) Appendix H: Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions; (4) Appendix I: Fire Protection Systems – Noncompliant Conditions; (5) Appendix K: Fires or Barbeques on Balconies or Patios; and (6) Appendix L: Emergency Responder Radio Coverage (C) Use of the terms in the Fire Code. Wherever the word “jurisdiction” is used in the Minnesota State Fire Code, it shall mean the City of Lake Elmo. Where the term “fire code official” is used in the Minnesota State Fire Code, it shall mean the city’s Building Official. (D) Duties and responsibilities of the Fire Code Official. The Fire Code Official or his or her authorized representative shall have the following duties and responsibilities: (1) Enforcement of the provisions of this Section; (2) May order the establishment of fire lanes on public or private property as may be necessary in order to ensure that the travel of fire equipment is not be impeded or interfered with, and that access to fire hydrants and buildings is not blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words “No Parking — Fire Lane” or a similar message. If the sign is in private property, it shall be erected and maintained by the property owner at the property owner’s expense. Such sign must be installed within 30 days after notification by the Fire Code Official that a fire lane must be established. Thereafter, no person shall park a vehicle or otherwise occupy or obstruct the fire lane; and (3) Keeping on file with the city all statutes and regulations applicable to this section. (E) Fire Inspections. In order to ensure the health, safety, and public welfare, the city will inspect existing facilities in accordance with established policy. A fire service fee will be charged in accordance with the city’s fee schedule for new construction, additions and alterations where a building permit is required. (F) Lock boxes. Lock boxes are required on all new commercial structures in the city. They shall meet the following requirements: (1) The lock box must be mounted in an easily accessible location near the main entrance of the structure or as otherwise approved in writing by the Fire Chief; (2) The lock box must contain all keys necessary to gain access to the commercial structure as well as access to interior areas of the structure; and (3) The Fire Chief must be contacted when access to a lock box is requested by the property owner in order to change keys for various building locks. (G) Hazardous material list. With respect to commercial properties, the property owner must provide the Fire Chief with the following information related to hazardous materials and chemicals on the property. This information must be updated annually and when shipments of new or seasonal hazardous materials or chemicals are received on the property (1) A list of all hazardous materials and chemicals stored in the structure(s) and on the property; (2) A drawing to scale which provides the quantities of the materials and chemicals; and (3) A material data sheet for each hazardous material or chemical. SECTION 13. The City Council of the City of Lake Elmo hereby amends Section 151.085, paragraph (M) of the City Code by deleting the stricken language as follows and relettering the remaining paragraphs in Section 151.085: § 151.085 SWIMMING POOLS; GENERALLY. (M) Safety equipment. Every swimming pool shall be equipped with 1 or more throwing ring buoys not more than 15 inches in diameter and having 50 feet (or the diagonal measurement of pool - whichever is larger) of 3/16 inch nylon line (or equivalent) attached. SECTION 14. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 15. Adoption Date. This Ordinance No. ____ was adopted on this _____ day of _____________, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance ________ was published on the _____ day of _________________, 2016. STAFF REPORT DATE: July 19, 2016 CONSENT ITEM #: 9 MOTION TO: Mayor and City Council FROM: Kristina Handt, City Administrator REVIEWED BY: Chief Greg Malmquist, Fire Chief Cathy Bendel, Finance Director AGENDA ITEM: 2016 Paid On Call Firefighter Pay Increases BACKGROUND: Typically, in the past the paid on call firefighters have received the same base percentage increase as other City employees. It was an oversight that staff failed to include them in the previous pay increases presented to Council. ISSUE BEFORE COUNCIL: Should the proposed wage increases be approved for the City of Lake Elmo paid on call firefighters? PROPOSAL DETAILS/ANALYSIS: Attached is an updated pay rate sheet for our paid on call firefighters. These rates represent a 5.5% increase over current rates. Firefighters are paid monthly so staff is proposing the attached pay rates go into effect for July. FISCAL IMPACT: The 2016 budget contains $20,000 for wage adjustments. $6,709.63 was allocated during the four previous wage adjustments. This increase will have an impact of about $2,500 for the rest of 2016 assuming an average number of calls. OPTIONS: 1) Approve the pay adjustments as presented 2) Approve different pay adjustments 3) Do not approve any pay adjustments RECOMMENDATION: If removed from the consent agenda: Motion to approve the 2016 paid on call firefighter pay adjustments as presented. 7/7/16 RATES OF PAY • CALL PAY = $12.81/hr o Certified EMT’s shall receive an additional $1.11 per hour. o Certified ENGINEERS shall receive an additional $1.11 per hour. o Officers shall receive an additional $1.11 per hour. • TRAINING and MEETING PAY = $11.70/hr. o Probationary Incentive Pay = $551.50 • OFFICERS PAY = o ASSISTANT CHIEF (1) - $2349.83/year o CAPTAINS (4) - $1567.99/year o LIEUTENANTS (2) - $784.00/year • DUTY CREW/STANDBY PAY - $2.20 per hour. YEAR END INCENTIVE PAY BASED ON YEAREND PERCENTAGE TOTALS 26% - Less than 31% = $441.20 51% - Less than 61% = $634.77 31% - Less than 41% = $496.36 61% - Less than 71% = $716.96 41% - Less than 51% = $579.62 71% & ABOVE = $827.26 PAY RATES EFFECTIVE JULY 1, 2016 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM # 10 AGENDA ITEM: Old Village Phase 2 Street, Drainage and Utility Improvements – Resolution Authorizing Condemnation Proceedings SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Sarah Sonsalla, City Attorney Chad Isakson, Assistant City Engineer SUGGESTED ORDER OF BUSINESS if removed from the Consent Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering/City Attorney. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a Resolution authorizing acquisition of permanent and temporary easements by eminent domain and approval of appraised values of the easements as required to complete the Old Village Phase 2 Street, Drainage and Utility Improvements. PROJECT BACKGROUND: As part of the Downtown (Old Village) Phase 2 Street, Drainage and Utility Improvements a concrete sidewalk is proposed to be constructed along the south boulevard of 30th Street North. In order to implement the improvements, permanent and temporary construction easements are needed from the properties primarily along the south side of 30th Street North. Through a Cooperative Agreement the City has authorized Washington County to implement the improvements including engineering design, construction administration, testing, right-of-way and easement acquisition, including the use of eminent domain, and retaining a contractor for project construction. Washington County has identified the required permanent and temporary easements, has obtained professional appraised values of the easements and has made offers of compensation to each property owner in an attempt to reach agreement to have the easements voluntarily conveyed. At this time, however, there remain two properties for which the acquisition of the easements have not been successful. It is therefore the opinion of the project team that it is necessary for the council to initiate condemnation proceedings in order to ensure that the improvements can be completed before the end of the construction City Council Meeting [Consent Agenda Item 10] July 19, 2016 -- page 2 -- season. Should the council initiate condemnation proceedings the County would continue negotiations in an effort to acquire the easements through a voluntary agreement. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a Resolution authorizing acquisition of permanent and temporary easements by eminent domain and approval of appraised values of the easements as required to complete the Old Village Phase 2 Street, Drainage and Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to Approve Resolution No. 2016-61 authorizing acquisition by eminent domain and approval of appraised values of easements needed for the Old Village Phase 2 Street, Drainage and Utility Improvements”. ATTACHMENT(S): 1. Resolution Authorizing Acquisition by Eminent Domain for the Old Village Phase 2 Street, Drainage and Utility Improvements. 2. Resolution Exhibit A – Three Easement Parcel Sketches. 483106v1 DDS LA515-9 1 CITY OF LAKE ELMO WASHINGTON COUNTY MINNESOTA RESOLUTION NO. 2016-__ RESOLUTION AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVAL OF APPRAISED VALUES OF EASEMENTS NEEDED FOR OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the City Council has authorized the project titled Old Village Phase 2 Street, Drainage and Utility Improvements, Project No. 2016.124 (the “Project”), as thoroughly described in the Feasibility Report prepared by Focus Engineering, Inc., dated March 2016 and amended in May 2016, incorporated by reference herein; and WHEREAS, the Project area includes 500 feet south of 30th Street to County State Aid Highway (CSAH) 14, 30th Street from Lake Elmo Avenue to Lisbon Avenue North, 34th Street from Lake Elmo Avenue to 150-feet west, 35th Street from Lake Elmo Avenue to the dead end, and 36th Street from Lake Elmo Avenue to 200-feet west; and WHEREAS, the Project’s scope includes improvements necessary to reconstruct streets, improve stormwater drainage conveyance, extend municipal sanitary sewer service, replace aged water distribution system facilities, and complete landscape and streetscape improvements; and WHEREAS, because the Project involves the reconstruction of Lake Elmo Avenue (CSAH 17), the City has partnered with Washington County to perform the work; and WHEREAS, the City Council finds that it is necessary for the City to acquire certain permanent easements and temporary construction easements (collectively, the “Easements”) depicted in Exhibit A attached hereto in order to install and maintain the Project; and 61 483106v1 DDS LA515-9 2 WHEREAS, on behalf of the City, the County has engaged a qualified independent consultant to provide an opinion of damages caused by the Easement acquisitions from each impacted property; and WHEREAS, on behalf of the City, the County has made offers of compensation to the landowners for the Easements consistent with the independent opinions of damages; and WHEREAS, on behalf of the City, the County has been diligently working with the landowners of the impacted properties to reach agreements to voluntarily convey the necessary easements along those streets within the City’s jurisdiction, including without limitation, 30th Street; and WHEREAS, despite the County’s efforts, agreements to convey certain easements that are necessary for the Project have yet to be reached with the following landowners: •Northern Natural Gas Company (PID#2402921120008) •Timothy J. & Diana M. Danielson (PID#2402921210008) WHEREAS, the City Council finds that it is reasonably necessary, proper, and convenient, and in the interest of the general welfare that the City acquire by eminent domain title to and possession of the Easements in furtherance of the Project; and WHEREAS, the City Council finds that the construction schedule for the Project makes it necessary to acquire title to and possession of the Easements prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo in regular meeting assembled that: 1.The acquisition of the Easements is necessary and for a public purpose in furtherance of the Project; 483106v1 DDS LA515-9 3 2. The law firm of Kennedy & Graven, Chartered, is authorized and directed to take all steps necessary on behalf of the City to acquire through eminent domain the Easements that are not acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minn. Stat. § 117.042; 3.The appraised values for the Easements adequately reflect the fair market values thereof and are hereby approved for the purposes of Minn. Stat. § 117.042. Passed and duly adopted this 19th day of July, 2016, by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk 483106v1 DDS LA515-9 1 EXHIBIT A Depiction of Easements [attached] PropertyBoundary ConstructionLimits30TH ST. N.30TH ST. N. ExistingR/W Line TemporaryTemporaryEasementEasement = 1050 SF = 1050 SF LI S B O N A V E . N . LI S B O N A V E . N . ExistingR/W Line ExistingR/W Line Northern_Natural_Gas_111715 ± Washington County Public Works DepartmentSurvey and Land Management Division prepared by: 0 4020 Feet 30th Street N.Easement Acquistion Northern Natural Gas Property2402921120008Total Parcel +/- 7500 SF TOTAL NEW RW 0 SFTOTAL TE 1050 SF PropertyBoundary ConstructionLimits 3 0 T H S T . N .3 0 T H S T . N .Existing R/W = 1850 SFExisting R/W = 1850 SF TemporaryTemporaryEasementEasement = 2480 SF = 2480 SF NewR/W Line ExistingR/W Line New R/W = 1276 SFNew R/W = 1276 SF danielson_102515 ± Washington County Public Works DepartmentSurvey and Land Management Division prepared by: 0 4020 Feet 30th Street N.Easement Acquistion Danielson Property2402921210008Total Parcel +/- 32,800 SF TOTAL NEW RW 1276 SFTOTAL TE 2480 SF MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM # 11 AGENDA ITEM: 2016 Street, Drainage, and Utility Improvements – Pay Request No. 2 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 Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the 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. 2 for the 2016 Street, Drainage, and Utility Improvements project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Hardrives, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 2 in the amount of $322,633.40. 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 $31,659.76. City Council Meeting [Consent Agenda Item 2 July 19, 2016 -- page 2 -- RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 2 for the 2016 Street, Drainage, and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 2 to Hardrives, Inc. in the amount of $322,633.40 for the 2016 Street, Drainage, and Utility Improvements”. ATTACHMENT(S): 1. Partial Pay Estimate No. 2. PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. PERIOD OF ESTIMATE TO PROJECT OWNER: CONTRACTOR: 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 START DATE:ON SCHEDULE SUBSTANTIAL COMPLETION:X FINAL COMPLETION: ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR DATE APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA DATE DATE BY BY YES NO 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, and that current payment shown herein is  now due. 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. ENGINEER BY 4/18/2016 9/30/2016 REVISED DAYS REMAINING 165 0 92 8/12/2016 ORIGINAL DAYS CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY 2 6/30/20166/1/2016FROM 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2015.129 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER HARDRIVES, INC. 14475 QUIRAM DRIVE ROGERS, MN 55374 ATTN: MICHAEL LEUER, PROJECT MANAGER CONTRACT TIME TOTALS $32,976.55 $0.00 $322,633.40 NET CHANGE $32,976.55 $31,659.765.0% $278,901.99 $0.00 $633,195.15 1 7/5/2016 $32,976.55 $1,222,586.88 $633,195.15 No.Approval  Date Amount $1,189,610.33 Additions Deductions $32,976.55 7/12/2016 FOCUS Engineering, inc.PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 2 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.129 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $9,000.00 $9,000.00 0.00 $0.00 0.00 $0.00 2 LS 1 $1,284.36 $1,284.36 0.00 $0.00 0.00 $0.00 3 LF 4,428 $1.00 $4,428.00 0.00 $0.00 3,825.00 $3,825.00 4 EA 20 $64.22 $1,284.40 0.00 $0.00 0.00 $0.00 5 EA 11 $26.76 $294.36 0.00 $0.00 0.00 $0.00 6 EA 3 $16.05 $48.15 0.00 $0.00 0.00 $0.00 7 LF 97 $3.48 $337.56 0.00 $0.00 0.00 $0.00 8 SY 29 $3.24 $93.96 0.00 $0.00 0.00 $0.00 9 CY 2,854 $13.73 $39,185.42 0.00 $0.00 0.00 $0.00 10 CY 400 $7.57 $3,028.00 0.00 $0.00 0.00 $0.00 11 RS 19 $54.06 $1,027.14 0.00 $0.00 0.00 $0.00 12 CY 2,035 $14.60 $29,711.00 0.00 $0.00 0.00 $0.00 13 CY 400 $14.60 $5,840.00 0.00 $0.00 0.00 $0.00 14 CY 655 $27.03 $17,704.65 0.00 $0.00 0.00 $0.00 15 TN 53 $19.46 $1,031.38 0.00 $0.00 0.00 $0.00 16 TN 164 $22.49 $3,688.36 0.00 $0.00 0.00 $0.00 17 TN 511 $52.65 $26,904.15 0.00 $0.00 0.00 $0.00 18 TN 680 $47.40 $32,232.00 0.00 $0.00 0.00 $0.00 19 GAL 301 $1.96 $589.96 0.00 $0.00 0.00 $0.00 20 SY 29 $15.00 $435.00 0.00 $0.00 0.00 $0.00 21 LF 1,265 $2.48 $3,137.20 0.00 $0.00 0.00 $0.00 22 HR 15 $0.01 $0.15 0.00 $0.00 0.00 $0.00 23 EA 1 $540.55 $540.55 0.00 $0.00 0.00 $0.00 24 EA 5 $324.33 $1,621.65 0.00 $0.00 0.00 $0.00 25 LF 1,025 $7.57 $7,759.25 0.00 $0.00 0.00 $0.00 26 EA 10 $216.22 $2,162.20 0.00 $0.00 0.00 $0.00 27 EA 6 $216.22 $1,297.32 0.00 $0.00 0.00 $0.00 28 LF 196 $5.41 $1,060.36 0.00 $0.00 0.00 $0.00 29 CY 543 $15.00 $8,145.00 0.00 $0.00 0.00 $0.00 30 SY 3,163 $1.55 $4,902.65 0.00 $0.00 0.00 $0.00 31 EA 11 $42.81 $470.91 0.00 $0.00 0.00 $0.00 32 EA 3 $32.11 $96.33 0.00 $0.00 0.00 $0.00 $209,341.42 $0.00 $3,825.00 33 LS 1 $9,000.00 $9,000.00 0.00 $0.00 1.00 $9,000.00 34 LS 1 $1,284.36 $1,284.36 0.00 $0.00 0.50 $642.18 35 LF 4,775 $1.00 $4,775.00 0.00 $0.00 3,019.00 $3,019.00 36 EA 7 $64.22 $449.54 0.00 $0.00 0.00 $0.00 37 EA 3 $324.33 $972.99 0.00 $0.00 4.00 $1,297.32 38 EA 3 $259.47 $778.41 0.00 $0.00 6.00 $1,556.82 39 EA 18 $26.76 $481.68 0.00 $0.00 21.00 $561.96 40 EA 10 $16.05 $160.50 0.00 $0.00 2.00 $32.10 41 LF 30 $12.97 $389.10 0.00 $0.00 20.00 $259.40 42 SF 124 $2.16 $267.84 0.00 $0.00 245.00 $529.20 43 LF 305 $1.84 $561.20 0.00 $0.00 210.00 $386.40 44 LF 97 $2.32 $225.04 0.00 $0.00 62.00 $143.84 45 LF 480 $3.24 $1,555.20 0.00 $0.00 480.00 $1,555.20 46 SY 5,224 $1.62 $8,462.88 0.00 $0.00 4,000.00 $6,480.00 47 SY 230 $2.16 $496.80 0.00 $0.00 230.00 $496.80 48 SY 47 $5.41 $254.27 0.00 $0.00 47.00 $254.27 49 CY 3,074 $13.73 $42,206.02 0.00 $0.00 2,000.00 $27,460.00 50 CY 375 $7.57 $2,838.75 0.00 $0.00 134.00 $1,014.38 51 RS 19 $54.06 $1,027.14 0.00 $0.00 19.00 $1,027.14 52 CY 1,962 $14.87 $29,174.94 762.00 $11,330.94 1,962.00 $29,174.94 53 CY 375 $14.87 $5,576.25 0.00 $0.00 134.00 $1,992.58 54 CY 630 $27.03 $17,028.90 230.00 $6,216.90 630.00 $17,028.90 55 TN 490 $52.65 $25,798.50 0.00 $0.00 0.00 $0.00 56 TN 653 $47.40 $30,952.20 567.90 $26,918.46 567.90 $26,918.46 57 GAL 290 $1.96 $568.40 70.00 $137.20 70.00 $137.20 58 SY 230 $15.00 $3,450.00 297.00 $4,455.00 297.00 $4,455.00 59 LF 1,150 $2.48 $2,852.00 0.00 $0.00 0.00 $0.00 60 SY 62 $46.02 $2,853.24 68.00 $3,129.36 68.00 $3,129.36 61 LF 3,240 $6.64 $21,513.60 3,150.00 $20,916.00 3,150.00 $20,916.00 62 LF 345 $10.17 $3,508.65 333.00 $3,386.61 333.00 $3,386.61 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS) COMMON EXCAVATION (EV) (P) SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV) SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV) CLASS 6 AGGREGATE BASE (CV) (P) TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B) BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY) SAW & SEAL STREET (40' INTERVALS) 6" CONCRETE DRIVEWAY PAVEMENT CONCRETE RIBBON CURB SURMOUNTABLE CONCRETE CURB & GUTTER PRECAST CONCRETE HEADWALL (DRAIN TILE) DITCH GRADING IMPORT AND PLACE TOPSOIL (LV) SEEDING, FERTILIZER AND WOOD FIBER BLANKET INSTALL SALVAGED MAILBOX INSTALL SALVAGED SIGN DIVISION 2 ‐ KELVIN AVENUE NORTH ‐ STREETS MOBILIZATION TRAFFIC CONTROL SUBTOTAL ‐ DIVISION 1 SILT FENCE BIOROLL DITCH CHECK CLEARING GRUBBING SALVAGE MAILBOX SALVAGE SIGN TRAFFIC CONTROL SILT FENCE CLASS 6 AGGREGATE BASE (CV) (P) SAW & SEAL STREET (40' INTERVALS) STREET SWEEPING TEMPORARY ROCK CONSTRUCTION ENTRANCE CLEAN CULVERT 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP DRAINTILE CLEANOUT TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY) BIOROLL DITCH CHECK SALVAGE MAILBOX SALVAGE SIGN SAWCUT BITUMINOUS PAVEMENT REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS) COMMON EXCAVATION (EV) (P) SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV) SUBGRADE PREPARATION ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 ‐ KIRKWOOD AVENUE NORTH MOBILIZATION SELECT GRANULAR BORROW (STREETS) (CV) (P) TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) BITUMINOUS MATERIAL FOR TACK COAT SELECT GRANULAR BORROW (SUBGRADE EXCAV.) (CV) PATCH GRAVEL DRIVEWAY AGGREGATE SHOULDERING TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B) SALVAGE WOODEN FENCE SALVAGE BRICK PAVERS SAWCUT BITUMINOUS PAVEMENT SAWCUT CONCRETE PAVEMENT REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTER REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT  REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS) SUBGRADE PREPARATION SELECT GRANULAR BORROW (STREETS) (CV) (P) QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 63 LF 56 $12.84 $719.04 108.00 $1,386.72 108.00 $1,386.72 64 HR 20 $0.01 $0.20 0.00 $0.00 0.00 $0.00 65 EA 2 $540.56 $1,081.12 0.00 $0.00 0.00 $0.00 66 EA 1 $324.33 $324.33 0.00 $0.00 1.00 $324.33 67 LF 861 $7.57 $6,517.77 0.00 $0.00 0.00 $0.00 68 LF 36 $28.11 $1,011.96 0.00 $0.00 36.00 $1,011.96 69 EA 2 $259.47 $518.94 0.00 $0.00 2.00 $518.94 70 EA 8 $216.22 $1,729.76 0.00 $0.00 0.00 $0.00 71 EA 4 $270.28 $1,081.12 0.00 $0.00 0.00 $0.00 72 LF 12 $5.41 $64.92 0.00 $0.00 0.00 $0.00 73 CY 702 $15.00 $10,530.00 0.00 $0.00 0.00 $0.00 74 SY 929 $1.55 $1,439.95 0.00 $0.00 0.00 $0.00 75 SY 2,300 $3.00 $6,900.00 0.00 $0.00 0.00 $0.00 76 EA 18 $42.81 $770.58 0.00 $0.00 0.00 $0.00 77 EA 10 $32.11 $321.10 0.00 $0.00 0.00 $0.00 78 LF 10 $82.25 $822.50 0.00 $0.00 0.00 $0.00 79 SF 124 $4.42 $548.08 0.00 $0.00 0.00 $0.00 $253,844.77 $77,877.19 $166,097.01 80 EA 1 $1,059.49 $1,059.49 0.00 $0.00 1.00 $1,059.49 81 LF 3 $1,097.33 $3,291.99 0.00 $0.00 0.00 $0.00 82 LF 892 $53.42 $47,650.64 0.00 $0.00 874.50 $46,715.79 83 LF 53 $53.95 $2,859.35 0.00 $0.00 47.50 $2,562.63 84 LF 221 $42.54 $9,401.34 0.00 $0.00 136.00 $5,785.44 85 EA 5 $265.95 $1,329.75 0.00 $0.00 5.00 $1,329.75 86 EA 5 $344.87 $1,724.35 0.00 $0.00 5.00 $1,724.35 87 EA 2 $4,492.02 $8,984.04 0.00 $0.00 2.00 $8,984.04 88 EA 2 $1,291.93 $2,583.86 0.00 $0.00 2.00 $2,583.86 89 EA 2 $3,027.12 $6,054.24 0.00 $0.00 2.00 $6,054.24 90 LB 1,104 $3.68 $4,062.72 0.00 $0.00 842.00 $3,098.56 $89,001.77 $0.00 $79,898.15 91 EA 1 $3,481.18 $3,481.18 0.00 $0.00 1.00 $3,481.18 92 LF 3 $1,189.22 $3,567.66 0.00 $0.00 0.00 $0.00 93 LF 535 $38.06 $20,362.10 0.00 $0.00 535.00 $20,362.10 94 LF 20 $53.95 $1,079.00 0.00 $0.00 20.00 $1,079.00 95 LF 266 $42.54 $11,315.64 0.00 $0.00 216.00 $9,188.64 96 EA 6 $265.95 $1,595.70 0.00 $0.00 6.00 $1,595.70 97 EA 6 $344.87 $2,069.22 0.00 $0.00 6.00 $2,069.22 98 EA 1 $4,492.02 $4,492.02 0.00 $0.00 1.00 $4,492.02 99 EA 1 $1,291.93 $1,291.93 0.00 $0.00 1.00 $1,291.93 100 LB 315 $4.32 $1,360.80 0.00 $0.00 172.00 $743.04 $50,615.25 $0.00 $44,302.83 101 LS 1 $15,000.00 $15,000.00 0.00 $0.00 0.50 $7,500.00 102 LS 1 $1,926.54 $1,926.54 0.00 $0.00 0.00 $0.00 103 LF 207 $1.00 $207.00 0.00 $0.00 0.00 $0.00 104 EA 23 $90.98 $2,092.54 0.00 $0.00 0.00 $0.00 105 EA 1 $324.33 $324.33 0.00 $0.00 1.00 $324.33 106 EA 1 $259.46 $259.46 0.00 $0.00 1.00 $259.46 107 EA 31 $26.76 $829.56 0.00 $0.00 31.00 $829.56 108 EA 5 $16.05 $80.25 0.00 $0.00 0.00 $0.00 109 LF 750 $0.29 $217.50 0.00 $0.00 0.00 $0.00 110 LF 435 $2.07 $900.45 0.00 $0.00 452.50 $936.68 111 LF 152 $2.22 $337.44 0.00 $0.00 150.00 $333.00 112 EA 27 $162.46 $4,386.42 0.00 $0.00 27.00 $4,386.42 113 SY 377 $5.55 $2,092.35 0.00 $0.00 357.19 $1,982.40 114 SY 137 $7.70 $1,054.90 0.00 $0.00 127.39 $980.90 115 CY 500 $7.00 $3,500.00 25.00 $175.00 25.00 $175.00 116 SY 18,800 $2.89 $54,332.00 0.00 $0.00 18,800.00 $54,332.00 117 CY 909 $5.65 $5,135.85 909.00 $5,135.85 909.00 $5,135.85 118 RS 55 $310.00 $17,050.00 55.00 $17,050.00 55.00 $17,050.00 119 TN 1,611 $50.07 $80,662.77 0.00 $0.00 0.00 $0.00 120 TN 1,611 $45.98 $74,073.78 1,411.00 $64,877.78 1,411.00 $64,877.78 121 GAL 951 $1.96 $1,863.96 100.00 $196.00 100.00 $196.00 122 SY 367 $15.00 $5,505.00 331.00 $4,965.00 331.00 $4,965.00 123 SY 91 $46.02 $4,187.82 108.00 $4,970.16 108.00 $4,970.16 SILT FENCE 1" TYPE "K" COPPER WATER SERVICE 6" RES. SEAT GATE VALVE & BOX MJ DIP COMPACT FITTINGS SUBTOTAL ‐ DIVISION 4 1" CURB STOP WITH BOX RECLAIM EX. BIT. AND BASE MATERIALS, 8" DEPTH (P) HAUL OUT EXCESS RECLAIMED MATERIAL (LV) (P) SUBGRADE PREPARATION OF RECLAIMED SURFACE SAWCUT CONCRETE PAVEMENT DIVISION 5 ‐ STONEGATE 1ST ADDITION ‐ STREETS MOBILIZATION TRAFFIC CONTROL TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B) BITUMINOUS MATERIAL FOR TACK COAT 1" CORPORATION STOP 1" CURB STOP WITH BOX HYDRANT EXTENSION SUBTOTAL ‐ DIVISION 3 6" HYDRANT ASSEMBLY (8'‐6" BURY) 6" RES. SEAT GATE VALVE & BOX 12" RES. SEAT GATE VALVE & BOX MJ DIP COMPACT FITTINGS DIVISION 4 ‐ KELVIN AVENUE NORTH ‐ LATERAL WATER MAIN HYDRANT EXTENSION 12" DIP, CL. 52 WATERMAIN INSTALL SALVAGED BRICK PAVERS SUBTOTAL ‐ DIVISION 2 6" DIP, CL. 52 WATERMAIN 1" TYPE "K" COPPER WATER SERVICE DIVISION 3 ‐ KELVIN AVENUE NORTH ‐ TRUNK WATER MAIN CONNECT TO EXISTING WATERMAIN INSTALL WOODEN FENCE B618 CONCRETE CURB & GUTTER REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT (DRIVEWAYS) SUBGRADE EXCAVATION (RECLAIM AREAS) (EV) REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS) REMOVE MANHOLE OR CATCH BASIN CASTING 12"X8" WET TAP 8" DIP, CL. 52 WATERMAIN 6" DIP, CL. 52 WATERMAIN 6" HYDRANT ASSEMBLY (8'‐6" BURY) 1" CORPORATION STOP INLET PROTECTION CLEARING GRUBBING SALVAGE MAILBOX SALVAGE SIGN SALVAGE LANDSCAPE ROCK (ISLANDS) (P) SAWCUT BITUMINOUS PAVEMENT TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) (DRIVEWAY) 6" CONCRETE DRIVEWAY PAVEMENT STREET SWEEPING TEMPORARY ROCK CONSTRUCTION ENTRANCE SODDING INSTALL SALVAGED MAILBOX INSTALL SALVAGED SIGN CLEAN CULVERT 4" PVC PERF EDGE DRAIN W/ BACKFILL & WRAP 12" CORRUGATED STEEL PIPE CULVERT 12" CORRUGATED STEEL PIPE APRON DRAINTILE CLEANOUT PRECAST CONCRETE HEADWALL (DRAIN TILE) DITCH GRADING IMPORT AND PLACE TOPSOIL (LV) SEEDING, FERTILIZER AND WOOD FIBER BLANKET QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 124 LF 4,025 $2.48 $9,982.00 0.00 $0.00 0.00 $0.00 125 CY 15 $86.49 $1,297.35 0.00 $0.00 13.50 $1,167.62 126 CY 57 $27.03 $1,540.71 0.00 $0.00 28.00 $756.84 127 LS 1 $3,546.04 $3,546.04 0.00 $0.00 1.00 $3,546.04 128 EA 23 $627.69 $14,436.87 0.00 $0.00 0.00 $0.00 129 EA 4 $474.07 $1,896.28 0.00 $0.00 0.00 $0.00 130 EA 8 $560.15 $4,481.20 0.00 $0.00 0.00 $0.00 131 EA 15 $172.81 $2,592.15 0.00 $0.00 0.00 $0.00 132 LF 10 $0.01 $0.10 0.00 $0.00 0.00 $0.00 133 LF 12,140 $10.65 $129,291.00 11,547.00 $122,975.55 11,547.00 $122,975.55 134 HR 30 $0.01 $0.30 3.00 $0.03 3.00 $0.03 135 CY 1,466 $15.00 $21,990.00 561.00 $8,415.00 561.00 $8,415.00 136 SY 7,007 $3.00 $21,021.00 0.00 $0.00 0.00 $0.00 137 EA 31 $42.81 $1,327.11 0.00 $0.00 0.00 $0.00 138 EA 5 $32.11 $160.55 0.00 $0.00 0.00 $0.00 139 LF 750 $1.58 $1,185.00 0.00 $0.00 0.00 $0.00 $490,767.58 $228,760.37 $306,095.62 140 LS 1 $3,500.00 $3,500.00 0.00 $0.00 0.00 $0.00 141 LS 1 $1,070.30 $1,070.30 0.00 $0.00 0.00 $0.00 142 EA 8 $90.98 $727.84 0.00 $0.00 0.00 $0.00 143 LF 80 $4.55 $364.00 0.00 $0.00 0.00 $0.00 144 EA 6 $114.23 $685.38 0.00 $0.00 0.00 $0.00 145 SY 4,900 $1.60 $7,840.00 0.00 $0.00 0.00 $0.00 146 LS 1 $1,214.34 $1,214.34 0.00 $0.00 0.00 $0.00 147 LF 136 $10.48 $1,425.28 0.00 $0.00 0.00 $0.00 148 TN 637 $51.01 $32,493.37 0.00 $0.00 0.00 $0.00 149 GAL 282 $1.96 $552.72 0.00 $0.00 0.00 $0.00 150 EA 1 $627.69 $627.69 0.00 $0.00 0.00 $0.00 151 EA 4 $760.91 $3,043.64 0.00 $0.00 0.00 $0.00 152 EA 1 $740.51 $740.51 0.00 $0.00 0.00 $0.00 153 HR 4 $0.01 $0.04 0.00 $0.00 0.00 $0.00 154 CY 30 $24.65 $739.50 0.00 $0.00 0.00 $0.00 155 SY 138 $5.30 $731.40 0.00 $0.00 0.00 $0.00 $55,756.01 $0.00 $0.00 156 LS 1 $3,500.00 $3,500.00 0.00 $0.00 0.00 $0.00 157 LS 1 $1,070.30 $1,070.30 0.00 $0.00 0.00 $0.00 158 SY 4,090 $1.60 $6,544.00 0.00 $0.00 0.00 $0.00 159 EA 5 $274.15 $1,370.75 0.00 $0.00 0.00 $0.00 160 TN 531 $51.48 $27,335.88 0.00 $0.00 0.00 $0.00 161 GAL 236 $1.96 $462.56 0.00 $0.00 0.00 $0.00 162 HR 4 $0.01 $0.04 0.00 $0.00 0.00 $0.00 $40,283.53 $0.00 $0.00 TOTALS ‐ BASE CONTRACT $1,189,610.33 $306,637.56 $600,218.60 CHANGE ORDER NO. 1 CO1‐2 LS 1.0 $1,000.00 $1,000.00 1.00 $1,000.00 1.0 $1,000.00 CO1‐2 LF 1,179.0 $19.45 $22,931.55 1,179.00 $22,931.55 1,179.0 $22,931.55 CO1‐3 EA 11.0 $330.00 $3,630.00 11.00 $3,630.00 11.0 $3,630.00 CO1‐4 EA 2.0 $295.00 $590.00 2.00 $590.00 2.0 $590.00 CO1‐5 EA 5.0 $825.00 $4,125.00 5.00 $4,125.00 5.0 $4,125.00 CO1‐6 EA 2.0 $350.00 $700.00 2.00 $700.00 2.0 $700.00 TOTALS ‐ CHANGE ORDER NO. 1 $32,976.55 $32,976.55 $32,976.55 TOTALS ‐ REVISED CONTRACT $1,222,586.88 $339,614.11 $633,195.15 REMOBILIZATION 4" PERFORATED EDGE DRAIN WITH BACKFILL & WRAP SAW & SEAL STREET (40' INTERVALS) RIPRAP SEDIMENT REMOVAL (LV) MODIFY STORM STRUCTURE 104 CATCH BASIN CASTING R‐3067‐V INSTALL SALVAGED LANDSCAPE ROCK (ISLANDS) (P) SUBTOTAL ‐ DIVISION 5 DIVISION 6 ‐ HIGHLAND TRAIL NORTH ‐ STREETS MOBILIZATION STREET SWEEPING IMPORT AND PLACE TOPSOIL (LV) SODDING INSTALL SALVAGED MAILBOX INSTALL SALVAGED SIGN MANHOLE CASTING R‐1642‐B SOLID (2'X3'X1.0' HT) CONCRETE CB SECTION MINOR STRUCTURE REPAIR RECONSTRUCT DRAINAGE STRUCTURE B418 CONCRETE CURB & GUTTER REMOVE & REPAVE BITUMINOUS FLUME SPOT BITUMINOUS CURB REPLACEMENT TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C) BITUMINOUS MATERIAL FOR TACK COAT CATCH BASIN CASTING R‐3067‐V TRAFFIC CONTROL INLET PROTECTION REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTER REMOVE MANHOLE OR CATCH BASIN CASTING MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) SUBTOTAL ‐ DIVISION 6 DIVISION 7 ‐ JAMELY AVENUE NORTH ‐ STREETS MOBILIZATION TRAFFIC CONTROL CATCH BASIN CASTING R‐3250‐1 CATCH BASIN CASTING R‐3501‐TR STREET SWEEPING IMPORT AND PLACE TOPSOIL (LV) SODDING SUBTOTAL ‐ DIVISION 7 DRAINTILE CLEANOUT PRECAST CONCRETE HEADWALL CORE DRILL INTO EXISTING STORM SEWER CONNECT TO EXISTING DRAINTILE MILL 2" OF EXISTING BITUMINOUS PAVEMENT (P) ADJUST VALVE BOX (WATER) TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,C) BITUMINOUS MATERIAL FOR TACK COAT STREET SWEEPING MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM # 12 AGENDA ITEM: Inwood Trunk Watermain Improvements – Pay Request No. 3 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 Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the 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. 3 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. 3 in the amount of $362,750.77. 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 $56,408.18. City Council Meeting [Consent Agenda Item X] July 19, 2016 -- page 2 -- RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 3 for the Inwood Trunk Watermain Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 3 to Northdale Construction Company, Inc. in the amount of $362,750.77 for the Inwood Trunk Watermain Improvements”. ATTACHMENT(S): 1. Partial Pay Estimate No. 3 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. PERIOD OF ESTIMATE TO PROJECT OWNER: CONTRACTOR: 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 START DATE:ON SCHEDULE SUBSTANTIAL COMPLETION:X FINAL COMPLETION: ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR DATE APPROVED BY OWNER:CITY OF LAKE ELMO, MINNESOTA DATE DATE No.Approval  Date Amount $1,411,737.31 Additions Deductions $2,200.00 $1,128,163.65 1 7/5/2016 $2,200.00 $1,413,937.31 $1,128,163.65 $0.00 $709,004.70 $56,408.185.0% CONTRACT TIME TOTALS $2,200.00 $0.00 $362,750.77 NET CHANGE $2,200.00 CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY 3 6/30/20166/1/2016FROM INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS PROJECT NO. 2014.130 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER NORTHDALE CONSTRUCTION COMPANY, INC. 9760 71ST STREET NE ALBERTVILLE, MN 55301 ATTN: PHILIP LESNAR 3/23/2016 9/30/2016 REVISED DAYS REMAINING 191 0 92 8/26/2016 ORIGINAL DAYS BY BY YES NO 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, and that current payment shown herein is  now due. 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. ENGINEER BY 7/8/2016 FOCUS Engineering, inc.PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 3 INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.130 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1                    $64,800.00 $64,800.00 0.00 $0.00 1.00 $64,800.00 2 LS 1                    $22,945.00 $22,945.00 0.25 $5,736.25 0.75 $17,208.75 3 LF 600                $4.13 $2,478.00 0.00 $0.00 200 $826.00 4 EA 6                    $750.00 $4,500.00 0.00 $0.00 0 $0.00 5 EA 10                  $104.50 $1,045.00 0.00 $0.00 0 $0.00 $95,768.00 $5,736.25 $82,834.75 1 EA 1                    $7,483.75 $7,483.75 0 $0.00 0 $0.00 2 EA 2                    $13,187.61 $26,375.22 0 $0.00 1 $13,187.61 3 EA 11                  $4,431.40 $48,745.40 3 $13,294.20 9 $39,882.60 4 LF 6                    $1,628.80 $9,772.80 0 $0.00 3.5 $5,700.80 5 EA 10                  $2,476.08 $24,760.80 3 $7,428.24 9 $22,284.72 6 EA 3                    $2,920.05 $8,760.15 1 $2,920.05 2 $5,840.10 7 EA 2                  $4,117.60 $8,235.20 0 $0.00 2 $8,235.20 8 EA 19                  $10,711.98 $203,527.62 5 $53,559.90 14 $149,967.72 9 EA 3                  $709.63 $2,128.89 0 $0.00 3 $2,128.89 10 EA 3                    $775.20 $2,325.60 0 $0.00 3 $2,325.60 11 LF 100                $50.97 $5,097.00 0 $0.00 81 $4,128.57 12 LF 75                  $63.87 $4,790.25 37 $2,363.19 122.5 $7,824.08 13 LF 96                  $70.32 $6,750.72 20 $1,406.40 42 $2,953.44 14 LF 28                  $108.70 $3,043.60 0 $0.00 25.75 $2,799.03 15 LF 25                  $126.98 $3,174.50 5 $634.90 35 $4,444.30 16 LF 11,015          $74.75 $823,371.25 3,413 $255,121.75 8,726 $652,268.50 17 LB 5,810            $10.74 $62,399.40 2,152 $23,112.48 7,003 $75,212.22 18 LS 1                    $49,462.20 $49,462.20 0 $12,365.55 0.75 $37,096.65 19 LS 1                    $7,000.00 $7,000.00 0 $1,260.00 0.85 $5,950.00 20 EA 18                  $156.02 $2,808.36 0 $0.00 0 $0.00 $1,310,012.71 $373,466.66 $1,042,230.02 1 LF 60                  $15.00 $900.00 0 $0.00 14 $210.00 2 LF 60                  $31.11 $1,866.60 0 $0.00 8 $248.88 $2,766.60 $0.00 $458.88 1 EA 2                  $165.00 $330.00 0 $0.00 0 $0.00 2 EA 13                  $220.00 $2,860.00 2 $440.00 2 $440.00 $3,190.00 $440.00 $440.00 TOTALS ‐ BASE CONTRACT $1,411,737.31 $379,642.91 $1,125,963.65 CHANGE ORDER NO. 1 CO1‐1 EA 2 $500.00 $1,000.00 2 $1,000.00 2 $1,000.00 CO1‐2 EA 1 $1,200.00 $1,200.00 1 $1,200.00 1 $1,200.00 TOTALS ‐ CHANGE ORDER NO. 1 $2,200.00 $2,200.00 $2,200.00 TOTALS ‐ REVISED CONTRACT $1,413,937.31 $381,842.91 $1,128,163.65 SALVAGE AND REINSTALL MAILBOX 18" FLARED END SECTION 1" CURB STOP AND CURB BOX CLEAR AND GRUB TREE DITCH CHECK SUBTOTAL ‐ DIVISION 1 DIVISION 2 ‐ WATERMAIN CONNECT TO EXISTING 8" WATERMAIN CONNECT TO EXISTING 16" WATERMAIN 12" GATE VALVE AND BOX 1" CORPORATION STOP WITH FUSIBLE SADDLE HYDRANT 6" GATE VALVE AND BOX 8" GATE VALVE AND BOX 16" BUTTERFLY VALVE AND BOX ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 ‐ GENERAL MOBILIZATION TRAFFIC CONTROL SILT FENCE, MACHINE SLICED HYDRANT EXTENSION 1" COPPER WATER SERVICE PIPE 6" DUCTILE IRON WATERMAIN PIPE, CLASS 52 8" DUCTILE IRON WATERMAIN PIPE, CLASS 52 12" DUCTILE IRON WATERMAIN PIPE, CLASS 52 16" DUCTILE IRON WATERMAIN PIPE, CLASS 52 16" HDPE DIPS DR11 WATERMAIN, DIRECTIONAL DRILL DUCTILE IRON FITTINGS HORIZONTAL DIRECTIONAL DRILLING BORE PITS WATER SERVICE CONNECTION PITS TRIVIEW TEST STATION MARKER SUBTOTAL ‐ DIVISION 2 SUBTOTAL ‐ DIVISION 4 DIVISION 4 ‐ STREET CONSTRUCTION DIVISION 3 ‐ STORM SEWER SALVAGE CONCRETE PIPE CULVERT INSTALL SALVAGED PIPE CULVERT SALVAGE AND REINSTALL SIGN SUBTOTAL ‐ DIVISION 3 HYDRANT OFFSET MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM # 13 AGENDA ITEM: Inwood Booster Station Improvements – Pay Request No. 2 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 Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the 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. 2 for the Inwood Booster Station Improvements project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Magney Construction, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 2 in the amount of $85,823.00. 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 $9,200.20. City Council Meeting [Consent Agenda Item X] July 19, 2016 -- page 2 -- RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 2 for the Inwood Booster Station Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 2 to Magney Construction, Inc. in the amount of $85,823.00 for the Inwood Booster Station Improvements”. ATTACHMENT(S): 1. Partial Pay Estimate No. 2 PARTIAL PAY ESTIMATE NO.2 INWOOD BOOSTER STATION IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.129 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1 $55,000.00 $55,000.00 0.50 $27,500.00 1.00 $55,000.00 2 LS 1 $700.00 $700.00 0.00 $0.00 0.60 $420.00 3 LF 240 $3.00 $720.00 0.00 $0.00 120 $360.00 4 LS 1 $2,000.00 $2,000.00 0.00 $0.00 1 $2,000.00 5 EA 1 $1,000.00 $1,000.00 0.00 $0.00 1 $1,000.00 6 HR 10 $105.00 $1,050.00 0.00 $0.00 0 $0.00 7 LS 1 $4,800.00 $4,800.00 0.00 $0.00 0 $0.00 $65,270.00 $27,500.00 $58,780.00 8 EA 3 $1,500.00 $4,500.00 0.00 $0.00 3 $4,500.00 9 LF 65 $50.00 $3,250.00 0.00 $0.00 65 $3,250.00 10 LF 100 $120.00 $12,000.00 0.00 $0.00 100 $12,000.00 11 LB 344 $16.00 $5,504.00 0.00 $0.00 344 $5,504.00 $25,254.00 $0.00 $25,254.00 12 LF 15 $50.00 $750.00 0.00 $0.00 0 $0.00 13 LF 130 $50.00 $6,500.00 0.00 $0.00 0 $0.00 14 EA 1 $1,500.00 $1,500.00 0.00 $0.00 0 $0.00 15 EA 2 $3,000.00 $6,000.00 0.00 $0.00 0 $0.00 16 CY 10 $160.00 $1,600.00 0.00 $0.00 0 $0.00 $16,350.00 $0.00 $0.00 17 CY 690 $20.00 $13,800.00 0.00 $0.00 690 $13,800.00 18 SELECT GRANULAR BORROW (P)CY 110 $25.00 $2,750.00 0.00 $0.00 0 $0.00 19 SUBGRADE PREPARATION LS 1 $1,400.00 $1,400.00 0.00 $0.00 0.00 $0.00 20 AGGREGATE BASE CLASS 5 TON 140 $22.00 $3,080.00 0.00 $0.00 0 $0.00 21 TYPE SP 9.5 WEAR COURSE MIX (2,B)TON 50 $95.00 $4,750.00 0.00 $0.00 0 $0.00 22 4" CONCRETE SIDEWALK SY 41 $70.00 $2,870.00 0.00 $0.00 0 $0.00 23 SEGMENTAL RETAINING WALL FF 480 $23.00 $11,040.00 0.00 $0.00 0 $0.00 24 SPLIT RAIL FENCE LF 120 $17.00 $2,040.00 0.00 $0.00 0 $0.00 25 GUARD POST EA 3 $350.00 $1,050.00 0.00 $0.00 0 $0.00 26 6" PERFORATED PVC DRAIN LF 140 $40.00 $5,600.00 0.00 $0.00 0 $0.00 27 8" INLINE DRAIN EA 5 $900.00 $4,500.00 0.00 $0.00 0 $0.00 28 ROOF DRAIN COLLECTION EA 5 $900.00 $4,500.00 0.00 $0.00 0 $0.00 29 EA 1 $900.00 $900.00 0.00 $0.00 0 $0.00 $58,280.00 $0.00 $13,800.00 30 31 LS 1 $18,550.00 $18,550.00 0.10 $1,855.00 0.30 $5,565.00 32 LS 1 $19,620.00 $19,620.00 0.00 $0.00 1.00 $19,620.00 31000 LS 1 $58,760.00 $58,760.00 0.50 $29,380.00 0.50 $29,380.00 32000 LS 1 $5,100.00 $5,100.00 0.50 $2,550.00 0.50 $2,550.00 33516 LS 1 $1,860.00 $1,860.00 0.00 $0.00 0.00 $0.00 42000 LS 1 $70,480.00 $70,480.00 0.00 $0.00 0.00 $0.00 55000 LS 1 $3,350.00 $3,350.00 0.00 $0.00 0.00 $0.00 61000 LS 1 $25,500.00 $25,500.00 0.00 $0.00 0.00 $0.00 62210 LS 1 $1,170.00 $1,170.00 0.00 $0.00 0.00 $0.00 71113 LS 1 $670.00 $670.00 0.00 $0.00 0.00 $0.00 72113 LS 1 $1,250.00 $1,250.00 0.00 $0.00 0.00 $0.00 72126 LS 1 $2,700.00 $2,700.00 0.00 $0.00 0.00 $0.00 72726 LS 1 $4,000.00 $4,000.00 0.00 $0.00 0.00 $0.00 73113 LS 1 $6,600.00 $6,600.00 0.00 $0.00 0.00 $0.00 74618 LS 1 $6,550.00 $6,550.00 0.00 $0.00 0.00 $0.00 74646 LS 1 $10,600.00 $10,600.00 0.00 $0.00 0.00 $0.00 79200 LS 1 $3,210.00 $3,210.00 0.00 $0.00 0.00 $0.00 81600 LS 1 $11,950.00 $11,950.00 0.00 $0.00 0.00 $0.00 88100 LS 1 $500.00 $500.00 0.00 $0.00 0.00 $0.00 88410 LS 1 $9,960.00 $9,960.00 0.00 $0.00 0.00 $0.00 97750 LS 1 $9,640.00 $9,640.00 0.00 $0.00 0.00 $0.00 99600 LS 1 $13,400.00 $13,400.00 0.00 $0.00 0.00 $0.00 101469 LS 1 $200.00 $200.00 0.00 $0.00 0.00 $0.00 18" RCP FLARED END SECTION STREET SWEEPING SITE RESTORATION SUBTOTAL - DIVISION 1 DIVISION 2 - WATER MAIN CONNECT TO EXISTING WATERMAIN AND SERVICE 1.5" COPPER WATER SERVICE PIPE DIVISION 3 - STORM SEWER 18" RCP STORM SEWER PIPE, CLASS 5 12" DUCTILE IRON WATERMAIN PIPE, CLASS 52 SUBTOTAL - DIVISION 2 10" PVC DRAIN Supervision Bond & Insurance ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 - GENERAL MOBILIZATION TRAFFIC CONTROL SILT FENCE DUCTILE IRON FITTINGS CLEARING AND GRUBBING TEMPORARY ROCK CONSTRUCTION ENTRANCE CATCH BASIN/MANHOLE RANDOM RIPRAP CLASS III (CV) SUBTOTAL - DIVISION 3 Rough Carpentry DIVISION 5 - BOOSTER FACILITY DIVISION 4 - DRIVEWAY CONSTRUCTION COMMON EXCAVATION (P) DRAINTILE CLEANOUT Misc. Metals SUBTOTAL - DIVISION 4 Concrete Work Rebar Heavy Duty Concrete Floor Finish Masonry Work Plastic Trism Bituminous Damproofing Insulation (below grade) Blown Fiberglass Insulation Fluid Applied Membrane Air Barrier Asphalt Shingles Metal Soffit & Fascia, gutters & downspouts Mineral Fiber Siding Joint Sealants FRP Doors Glass & Glazing Translucent Windows FRP Surface laminated panels High performance Coating Warning Signs QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE 104416 LS 1 $350.00 $350.00 0.00 $0.00 0.00 $0.00 220000 LS 1 $22,500.00 $22,500.00 0.05 $1,125.00 0.05 $1,125.00 230000 LS 1 $46,400.00 $46,400.00 0.00 $0.00 0.00 $0.00 260500 LS 1 $79,800.00 $79,800.00 0.05 $3,990.00 0.05 $3,990.00 312305 LS 1 $7,880.00 $7,880.00 0.50 $3,940.00 0.50 $3,940.00 331300 LS 1 $950.00 $950.00 0.00 $0.00 0.00 $0.00 402323 LS 1 $111,400.00 $111,400.00 0.00 $0.00 0.00 $0.00 412223 LS 1 $1,200.00 $1,200.00 0.00 $0.00 0.00 $0.00 444200 LS 1 $26,200.00 $26,200.00 0.00 $0.00 0.00 $0.00 444256 LS 1 $78,200.00 $78,200.00 0.00 $0.00 0.00 $0.00 444416 LS 1 $101,500.00 $101,500.00 0.00 $0.00 0.00 $0.00 33 LS 1 $30,000.00 $30,000.00 0.00 $0.00 0.00 $0.00 34 LS 1 $215,000.00 $215,000.00 0.00 $0.00 0.00 $0.00 35 LS 1 $105,000.00 $105,000.00 0.00 $0.00 0.00 $0.00 36 LS 1 $10,000.00 $10,000.00 0.00 $0.00 0.00 $0.00 37 LS 1 $20,000.00 $20,000.00 1.00 $20,000.00 1.00 $20,000.00 38 SY 625 $2.00 $1,250.00 0.00 $0.00 0.00 $0.00 $1,143,250.00 $62,840.00 $86,170.00 TOTALS $1,308,404.00 $90,340.00 $184,004.00 Fire Extinguishers Plumbing HVAC Electircal Earthwork Disinfection of Water Storage Structures Process Piping Portable Hand Chain Hoist & Trolley Water System Storage Tanks Vertical Split Case Booster Pumps HOLDING TANK AND ASSOCIATED PIPING EROSION CONTROL BLANKET SUBTOTAL - DIVISION 5 Gas Chlorination Sytem SCADA INTEGRATION AND SYSTEM IMPROVEMENTS (SCADA CONTRACTOR) ALLOWANCE PROCESS INSTRUMENTATION AND CONTROL (SYSTEM INTEGRATOR) 230 KW GENERATOR SET UTILITY ALLOWANCE (ELECTRIC, NATURAL GAS, TELECOMMUNICATION/DATA) MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 CONSENT ITEM # 14 AGENDA ITEM: Inwood Water Tower (No. 4) – Pay Request No. 2 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 Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. Partial payment is proposed in accordance with the 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. 2 for the Inwood Water Tower (No. 4) project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: CB&I, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 2 in the amount of $175,788.00. 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 $11,647.00. City Council Meeting [Consent Agenda Item X] July 19, 2016 -- page 2 -- RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 2 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. 2 to CB&I, Inc. in the amount of $175,788.00 for the Inwood Water Tower (No. 4) Project”. ATTACHMENT(S): 1. Partial Pay Estimate No. 2 PARTIAL PAY ESTIMATE NO. 2 INWOOD WATER TOWER NO. 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2015.130 QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 LS 1                    $16,000.00 $16,000.00 $0.00 0.00 $0.00 2 EA 1                    $3,822.00 $3,822.00 $0.00 0.00 $0.00 3 LS 1                    $2,068.00 $2,068.00 $0.00 0 $0.00 4 CY 120                $10.00 $1,200.00 $0.00 0 $0.00 5 SY 200                $6.00 $1,200.00 $0.00 0 $0.00 6 CY 100                $30.00 $3,000.00 $0.00 0 $0.00 7 CY 150                $16.00 $2,400.00 $0.00 0 $0.00 8 TON 1,250            $22.00 $27,500.00 $0.00 0 $0.00 9 TON 65                  $99.00 $6,435.00 $0.00 0 $0.00 10 TON 65                  $99.00 $6,435.00 $0.00 0 $0.00 11 GAL 35                  $10.00 $350.00 $0.00 0 $0.00 12 SF 350                $25.00 $8,750.00 $0.00 0 $0.00 13 SF 100                $20.00 $2,000.00 $0.00 0 $0.00 14 EA 1                    $2,300.00 $2,300.00 $0.00 0 $0.00 15 LF 10                  $110.00 $1,100.00 $0.00 0 $0.00 16 LF 120                $140.00 $16,800.00 $0.00 0 $0.00 17 EA 1                    $1,980.00 $1,980.00 $0.00 0 $0.00 18 EA 1                    $4,864.00 $4,864.00 $0.00 0 $0.00 19 LB 700                $2.50 $1,750.00 $0.00 0 $0.00 20 LF 140                $2.00 $280.00 $0.00 0 $0.00 21 EA 1                    $2,618.00 $2,618.00 $0.00 0 $0.00 22 CY 16                  $76.00 $1,216.00 $0.00 0 $0.00 23 SY 30                  $6.00 $180.00 $0.00 0 $0.00 24 LF 90                  $68.00 $6,120.00 $0.00 0 $0.00 25 EA 1                    $1,700.00 $1,700.00 $0.00 0 $0.00 26 CY 10                  $92.00 $920.00 $0.00 0 $0.00 27 SY 37                  $3.00 $111.00 $0.00 0 $0.00 28 LF 500                $2.25 $1,125.00 $0.00 0 $0.00 29 LF 1,000            $2.00 $2,000.00 $0.00 0 $0.00 30 AC 1.5                 $4,000.00 $6,000.00 $0.00 0 $0.00 31 AC 1.5                 $3,500.00 $5,250.00 $0.00 0 $0.00 $137,474.00 $0.00 $0.00 1 LS 1                  $47,900.00 $47,900.00 $0.00 1 $47,900.00 2 LS 1                  $239,500.00 $239,500.00 0.60 $143,700.00 1 $143,700.00 3 LS 1                  $316,100.00 $316,100.00 $0.00 0 $0.00 4 LS 1                  $287,700.00 $287,700.00 $0.00 0 $0.00 5 LS 1                  $413,400.00 $413,400.00 0.10 $41,340.00 0 $41,340.00 6 LS 1                  $372,100.00 $372,100.00 $0.00 0 $0.00 7 LS 1                  $214,600.00 $214,600.00 $0.00 0 $0.00 8 LS 1                  $142,300.00 $142,300.00 $0.00 0 $0.00 9 LS 1                  $43,450.00 $43,450.00 $0.00 0 $0.00 10 LS 1                  $74,200.00 $74,200.00 $0.00 0 $0.00 11 LS 1                  $976.00 $976.00 $0.00 0 $0.00 12 LS 1                  $89,800.00 $89,800.00 $0.00 0 $0.00 13 LS 1                    $15,500.00 $15,500.00 $0.00 0 $0.00 $2,257,526.00 $185,040.00 $232,940.00 TOTALS $2,395,000.00 $185,040.00 $232,940.00 INSURANCE AND BONDS SEEDING (MIX 25‐131 WITH FERTILIZER & HYDROMULCH) SUBTOTAL ‐ DIVISION 1 AGGREGATE BASE, CLASS 6 BIT WEARING COURSE MIX (WEA240B) BIT NON‐WEARING COURSE MIX (WEB240B) TACK COAT 16" DIP WATER MAIN PIPE, CL. 52 HYDRANT 8" CONCRETE APRON CONNECT TO EXISTING WATERMAIN 6" DIP WATER MAIN PIPE, CL. 52 6" GATE VALVE & BOX 4" CONCRETE WALK DIP FITTINGS ITEM DESCRIPTION OF PAY ITEM UNIT CONTRACT THIS PERIOD TOTAL TO DATE DIVISION 1 ‐ SITE & UTILITY WORK MOBILIZATION ROCK CONSTRUCTION ENTRANCE TRAFFIC CONTROL POLYETHYLENE ENCASEMENT SUBGRADE EXCAVATION GEOTEXTILE FABRIC TYPE V SELECT GRANULAR BORROW ORGANIC TOPSOIL BORROW 4' X 4' CATCH BASIN WITH GRATING 1.5" CLEAR TOCK GEOTEXTILE FABRIC TYPE I 18" RCP STORM SEWER PIPE, CL. V 18" APRON W/TRASH GUARD HAND PLACED RIP RAP, CL. III GEOTEXTILE FABRIC TYPE IV PREASSEMBLED SILT FENCE STRAW BIOROLL TEMPORARY SEEDING (MIX 22‐111 WITH TYPE I MULCH) SUBTOTAL ‐ DIVISION 2 DIVISION 2 ‐ ELEVATED STORAGE TANK WATER TOWER CONTROL PANEL AND RTU ENGINEERING & APPROVAL TANK MATERIALS TANK FABRICATION & SHIP FOUNDATION CONSTRUCTION CONCRETE SHAFT CONSTRUCTION TANK ERECTION (ON GROUND) TANK PAINT (ON GROUND) HOIST TANK TANK PAINT (IN AIR) STERILIZE AND TEST ELECTRICAL MAYOR AND COUNCIL COMMUNICATION DATE: 07/19/2016 CONSENT ITEM #: 15 AGENDA ITEM: Agreement with Property Owner of 8004 50th Street for Repairs Related to Hazardous Building Abatement Orders SUBMITTED BY: Mike Bent, Building Official THROUGH: Mike Bent, Building Official REVIEWED BY: Sarah Sonsalla, City Attorney SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the Agreement with the Property Owner of 8004 50th Street for Repairs Related to Hazardous Building Abatement Orders. This agreement is based on the ongoing abatement proceeding of the property and has been prepared by the city attorney. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT: The property owners of 8004 50th Street N have agreed to enter into a restoration agreement with the city. The owner agrees to pay the city $2,500.00 prior to execution of the agreement in order to reimburse the City for costs incurred related to the enforcement of the abatement orders. The owner has agreed to abate all of the conditions outlined in the previously approved Abatement orders (Exhibit A) by August 31, 2016. The owner further agrees that if they fail to comply with the terms of the agreement, they waive their right to object to the City assessment of 100 percent of the expenses of execution by the city of the abatement orders (not to exceed $50,000) and waive their right to appeal the levy of special assessment of all costs related to the abatement. RECOMMENDATION: Based on the aforementioned, staff recommends the City Council accept the Agreement with Property Owner of 8004 50th Street for Repairs Related to Hazardous Building Abatement Orders ATTACHMENTS: 1. Restoration Agreement 2. Abatement Order (Exhibit A) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-62 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY’S LEGAL COUNSEL TO COMMENCE A LAWSUIT IN UNITED STATES DISTRICT COURT AGAINST 3M COMPANY (“3M”) RELATING TO THE PRESENCE OF PERFLUOROCHEMICALS (“PFCs”) IN THE CITY’S MUNICIPAL WATER DISTRIBUTION SYSTEM WHEREAS, since the 1950’s, 3M used PFCs at its Cottage Grove facility in the manufacturing process for many of its consumer and industrial products; and WHEREAS, during the 1960s and 1970s, 3M disposed of waste products containing PFCs from its manufacturing process at a now-closed Washington County Landfill in Lake Elmo and a now-closed 3M-owned waste disposal facility in Oakdale; and WHEREAS, in 2002, the City drilled Well #3 to serve future development in the southern portion of the City; and WHEREAS, in 2006, the Minnesota Department of Health (“MDH”) determined that PFCs were present in Well #3; and WHEREAS, the source of the PFCs in Well #3 is the PFC-containing waste that 3M disposed of at the Washington County Landfill and Oakdale disposal facility; and WHEREAS, the level of PFCs present in Well #3 has exceeded MDH’s Health Hazard Index and far exceeded the recently established United States Environmental Protection Agency’s (“EPA”) health advisory levels, thresholds that when exceeded trigger a need to take action to protect human health; and WHEREAS, as a result of the presence of PFCs in Well #3, the City was unable to use Well #3 and therefore adopted and implemented an alternative design for its water distribution system to serve the southern portion of the City; and WHEREAS, as a result of the presence of PFCs in Well #3, the City has incurred significant design, planning, engineering and construction costs associated with providing an alternative water supply system to serve the southern portion of the City; and WHEREAS, the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) is a federal law that provides for strict, joint and several liability for parties that arrange for the disposal of hazardous substances that are released into groundwater; and WHEREAS, it is undisputed that 3M arranged for the disposal of PFC-containing waste that was released into the City’s drinking water supply; and WHEREAS, as a direct result of 3M’s actions, the City has incurred substantial response costs and other monetary damages; and WHEREAS, the City has attempted to resolve its dispute over these costs and damages caused by 3M’s disposal of its PFC-containing waste through negotiations with 3M, however, to date these efforts have not been successful. NOW, THEREFORE BE IT RESOLVED, by the City Council that the City’s legal counsel is authorized and directed to commence a lawsuit against 3M in the United States District Court for the District of Minnesota for the recovery of the City’s response costs and other monetary damages relating to 3M’s disposal of PFCs that have reached the City’s drinking water supply. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City’s legal counsel is authorized and directed to take all appropriate steps to protect the City’s interests in this matter. This resolution was adopted by the City Council of the City of Lake Elmo on this 19th day of July, 2016. ____________________________ Mike Pearson, Mayor ATTEST: _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: July 19, 2016 REGULAR ITEM # 17 AGENDA ITEM: CSAH 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements – Resolution for Municipal Support SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Stephen Wensman, Planning Director Rob Wellen, Public Works Cathy Bendel, Finance Director Chad Isakson, Assistant City Engineer SUGGESTED ORDER OF BUSINESS: - Introduction of Item ...................................................................... City Engineer - Report/Presentation .......................................Washington County Public Works - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: Washington County intends to require cost participation from the Cities of Lake Elmo and Oakdale in accordance with the County Cost Participation Policy for County Improvement Projects. In addition, the improvements include the extension of sanitary sewer service to Lake Elmo and Oakdale properties at the request of both cities with the full cost of the utility extension to be paid by each city for their respective share. The current estimate for the local share of the local improvements to be generally split equally between Lake Elmo and Oakdale is $1,185,142. The cities of Lake Elmo and Oakdale, and Washington County will be working on a Joint Powers Agreement which will more specifically allocate those costs between the cities. The funding for the Lake Elmo local improvement costs may be specially assessed to the benefitting properties. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a Resolution providing Municipal Support for the County State Aid Highway 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements, “Locally Preferred Alternative” (LPA). City Council Meeting [Consent Agenda Item X] July 19, 2016 -- page 2 -- PROJECT BACKGROUND: Washington County has completed the public participation process related to the County State Aid Highway (CSAH) 13 (Ideal Avenue/Olson Lake Trail) project from CSAH 14 (Old TH 5) to CSAH 35 (50th Street North). During that process a number of design alternatives were explored to address the issues and concerns of the abutting property owners, while simultaneously preserving the minor arterial function of the roadway. The County is now requesting that the cities of Oakdale and Lake Elmo support the selected alternative which includes: 11’ thru lanes, an 8’ parking lane on the east side, a 4’ west shoulder, a 6’ boulevard, an 8’ trail on the west side, and curb and gutter on both sides of the roadway (see map exhibit). The County is looking to phase the corridor improvements as development of the 3M property may impact the improvements adjacent to their property. The initial phase will include a mill/overlay from CSAH 14 to 44th Street, and the complete improvements from 44th Street to 50th Street. In the future the County will initiate a future project for the complete improvements from CSAH 14 to 44th Street. In addition to the roadway improvements, the cities of Oakdale and Lake Elmo have been working jointly since 2012 to provide public sanitary sewer service to the abutting properties along Olson Lake Trail from 44th Street to 50th Street. These improvements should be included with the street improvements since the sanitary sewer main needs to be located under the pavement section. The limits of the sewer service area for Lake Elmo properties should be defined as part of the Olson Lake Trail Phase 2 Feasibility Report to be completed in preparation of the County improvements. The proposed improvements will:  Improve sight lines and address roadway safety concerns,  Correct pavement deficiencies and shoulder widths,  Address erosion concerns and storm water management,  Accommodate the extension of sanitary sewer service to additional Lake Elmo properties, and  Provide for pedestrian/bike accommodations along the corridor. Municipal Support for a “Locally Preferred Alternative” (LPA) expresses the City’s support for the project and more specifically for the preliminary design layout as presented. Municipal Support allows the County to proceed with the final project design and property acquisition with the intention to begin construction in 2017. Upon completion of the final design the County will request the City to enter into a Cooperative Agreement for the Project further outlining the City’s cost obligations and other provisions as may be deemed appropriate. RECOMMENDATION: Staff is recommending that the City Council approve a Resolution providing Municipal Support for the County State Aid Highway 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements. The recommended motion for the action is as follows: “Move to approve Resolution No. 2016-63 providing Municipal Support for the County State Aid Highway 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements.” ATTACHMENT(S): 1. Resolution Providing Municipal Support for the County State Aid Highway 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements. 2. Exhibit – County State Aid Highway 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements. STAFF REPORT DATE: July 19, 2016 REGULAR ITEM #: 22 TO: Mayor and City Council FROM: Kristina Handt, City Administrator AGENDA ITEM: Northland Pro Forma BACKGROUND: On January 19, 2016, the City Council approved an agreement with Northland Securities for pro forma services after many months of discussion (i.e. 10/20/15, 11/4/15, 12/15/15, 1/12/16 meetings) following the previous presentation of a pro forma to the Council on September 15, 2015. The previous Interim Administrator had noted there were linkage errors in the spreadsheet presented 9/15/15 among other issues and recommended the Council approve an agreement with Northland Securities for pro forma services. Staff initially met with Tammy Omdal from Northland Securities in February 2016. Bernie Bullert from TKDA was also involved in the meetings as the Council approved an agreement with TKDA for a cost of service study for water and sewer utilities. Follow up meetings occurred on April 25, May 10 and May 26. Staff had been working to meet the initially proposed target date of the June finance committee meeting and the June 21st Council meeting for presentation of the pro forma as described in my email to Council on April 25, 2016. On May 31, 2016 after receiving an email from Council member Fliflet, I sent out an updated schedule for the pro forma. I informed the Council “the draft pro forma had been completed however, at the request of Council Member Fliflet, Chair of the Finance Committee, it will not be presented to the Finance Committee until after we have an approved CIP. The earliest the pro forma is anticipated to be presented would be the September Finance Committee meeting and then a council workshop to follow.” The Finance Committee has had the 2017-2021 CIP on their agenda three times, however, they have not completed their recommendation on the CIP. Under Sec. 31.04 of the City Code, Mayor Pearson and Council member Bloyer have requested this item be placed on the agenda for the July 19th meeting. ISSUE BEFORE COUNCIL: Council is asked to receive the pro forma report from Northland Securities. PROPOSAL DETAILS/ANALYSIS: A copy of the pro forma prepared by Northland Securities dated June 1, 2016 is included in your packet. Tammy Omdal will be at the meeting to present the pro forma information and answer any of your questions. The financial plans (pro formas) for the water, sewer and storm water funds begin on page 25 with the key assumptions. Key assumptions include: Operating expenditures will increase 2% annually along with adjustments recommended by TKDA; no change in the existing tier structure for fees; depreciation is estimated over a 40 year period; capital improvement plan implementation will result in increase of future debt service; utility fees increase by 1% for water and sewer beginning in 2018 and $10 per year for storm water beginning in 2017; connection and availability charges would remain the same through 2025; and the proposed fees are adequate to maintain cash balances in the funds to cover: 6 months operating expenses, following year’s capital improvements, and following year’s debt service. Although Northland was not tasked to review the 9/15/15 pro forma, since previous discussion that led to the Northland pro forma included questions about the 9/15/15 pro forma I would offer the following analysis, which looks at the period of 2016-2025 in order to compare the same time frame in each model. Water Fund: 9/15/15 6/1/16 #of WACs: 1,561 1,965 Revenues: $32,529,681 $20,615,121 Operating Expenses: $7,462,688 $5,858,686 Capital Improvement Plan Projects: $9,716,517 $13,921,517 Debt Service (P&I) $11,467,355 $11,116,043 Combined Cash Flows/Ending Cash Balance: $13,599,638 $4,061,372 Summary: Although there were fewer WACs proposed in the 9/15/15 model, there was more revenue proposed than in the 6/1/16 model. Previous statements made at the 11/4/15 meeting acknowledged there was a linking error in 2022 where the model showed non-usage revenue of $2,208,000 despite there being no buildouts proposed for that year. Operating expenses decreased by $1,604,022 due to the recommendations from TKDA. Capital Improvement Plan projects increased by $4,205,000 due to adding in new projects in 2017, 2018, 2019, and 2020 and a longer term look to 2025 which was beyond the scope of the previous five year CIP. Some of the CIP projects were proposed to be paid from fund cash if they were $500,000 or below. Projects above that amount would be financed through borrowing (debt service). After factoring these changes in assumptions, the fund balance of the water fund differs by $7,395,288 from 9/15/15 to 6/1/16. Another significant difference in the two pro formas is the fact that the water fund is shown to cash flow positively throughout the years in the 9/15/15 model, however the 6/1/16 model shows the has a negative cash flow beginning in 2022. The Finance Director was asked to provide further analysis of the two pro formas but she declined to offer input. There may be other explanations for the different conclusions in the two models but I am not aware of any at this time. Sewer Fund: 9/15/15 6/1/16 # of SACs: 2,016 2,306 Revenues: $23,442,684 $15,722,716 Operating Expenses: $2,127,344 $4,521,539 Capital Improvement Plan Projects $3,266,837 $6,242,837 Debt Service (P&I) $4,238,389 $4,237,300 Combined Cash Flows/Ending Cash Balance: $17,076,948 $5,732,918 Summary: Although there were fewer SACs proposed in the 9/15/15 model, there was more revenue proposed than in the 6/1/16 model. Operating expenses increased by $2,394,195 due to the recommendations from TKDA. Capital Improvement Plan projects increased by $2,976,000 due to adding two new projects in 2017 and 2018 and a longer term look to 2025 which was beyond the scope of the previous five year CIP. Some of the CIP projects were proposed to be paid from fund cash if they were $500,000 or below. Projects above that amount would be financed through borrowing (debt service). After factoring these changes in assumptions, the fund balance of the sewer fund differs by $5,974,724 from 9/15/15 to 6/1/16. Another significant difference in the two pro formas is the fact that the sewer fund is shown to cash flow positively throughout the years in the 9/15/15 model, however the 6/1/16 model shows the fund has a negative cash flow beginning in 2022. The Finance Director was asked to provide further analysis of the two pro formas but she declined to offer input. There may be other explanations for the different conclusions in the two models but I am not aware of any at this time. RECOMMENDATION: Receive Report. No other actions necessary. As per the contract with Northland, the pro forma will be updated quarterly and any future changes in policy can then be incorporated. City ofLake Elmo,MN FinancialManagementPlan for Water, Sanitary Sewer,and StormWaterFunds 2016REPORT FINALDRAFTFOR DISTRIBUTION ASOF JUNE 1, 2016 Northland Securities, Inc. 45 South 7th Street, Suite 2000 Minneapolis, MN 55402 (800) 851-2920 Member NASD and SIPC i Letter ofTransmittal Executive Summary 1 Organization of the Report....................................................................................................................1 Study Approach..........................................................................................................................................1 Conclusions and Recommendations..................................................................................................2 Table A - Growth in Residential Equivalent Units.....................................................................3 Table B - Establishment of Utility Rates.......................................................................................4 Table C - Management of Cash Balances and Assets..............................................................4 Chart 1 -Year-end Cash Balances and Change in Cash Balances.......................................5 Background 6 Water..............................................................................................................................................................6 Sanitary Sewer............................................................................................................................................6 Storm Sewer.................................................................................................................................................6 Capital Improvement Plan 7 Capital Projects...........................................................................................................................................7 Source of Funding for Capital Projects...............................................................................................7 Debt Service.................................................................................................................................................7 Table D-1 - Capital Improvement PlanWater...................................................................................9 Table D-2 - Capital Improvement Plan Sanitary Sewer..............................................................10 Table D-3 - Capital Improvement Plan StormWater...................................................................11 Table E-1 - Debt (Bonds) Outstanding as ofYear End.................................................................12 Table E-2 - Annual Debt Service - Principal and Interest Payment on Bonds.....................13 Chart 2 - Estimated Debt Outstanding atYear End.....................................................................14 Chart 3 - Estimated Annual Debt Service........................................................................................15 Utility Rates 16 Key Factors.................................................................................................................................................16 Annual Operating Expenditures.........................................................................................................16 Metropolitan Council Environmental Services..............................................................................16 Annual Capital Expenditures...............................................................................................................17 Debt Service...............................................................................................................................................17 Growth in Customers..............................................................................................................................17 Table F - Growth Projections................................................................................................................18 Chart 4 - Sanitary Sewer REU Platted and Connected byYear................................................19 Chart 5 -Water REU Planned and Connected byYear................................................................19 Available Other Revenue Sources......................................................................................................20 Historical Utility Rates............................................................................................................................20 Future Utility Rates..................................................................................................................................20 ProjectedVolumes ofWater Sold and Sanitary Sewer Billed...................................................20 Table G -Water Fund - Fees and Charges and Customer Data................................................21 Contents ii Table H - Sanitary Sewer Fund - Fees and Charges and Customer Data..............................22 Table I - StormWater Fund - Fees and Charges and Customer Data.....................................23 Chart 6 - Estimated Annual Gallons ofWater Billed....................................................................24 Financial Plans 25 Key Assumptions......................................................................................................................................25 Water Fund.................................................................................................................................................26 Table J-1 - Pro Forma......................................................................................................................27 Table J-2 - Cash Balance................................................................................................................28 Table J-3 - Operating and Other Expenses.............................................................................29 Chart 7 -Year End Cash Balances...............................................................................................30 Chart 8 - Source and Use of Funds............................................................................................30 Sanitary Sewer Fund..............................................................................................................................31 Table K-1 - Pro Forma.....................................................................................................................32 Table K-2 - Cash Balance...............................................................................................................33 Table K-3 - Operating and Other Expenses............................................................................34 Chart 9 -Year End Cash Balances...............................................................................................35 Chart 10 - Source and Use of Funds..........................................................................................35 StormWater Fund....................................................................................................................................36 Table L-1 - Pro Forma......................................................................................................................37 Table L-2 - Cash Balance................................................................................................................38 Table L-3 - Operating and Other Expenses............................................................................39 Chart 11 -Year End Cash Balances............................................................................................40 Chart 12 - Source and Use of Funds..........................................................................................40 Appendix 41 Appendix A -Water Fund - Calculation of Net Capital Assets..................................................41 Appendix B - Sanitary Sewer Fund - Calculation of Net Capital Assets................................42 Appendix C - StormWater Fund - Calculation of Net Capital Assets.....................................43 Appendix D - Quarterly Residential and Commercial Utility Bills byYear...........................44 Appendix E - Chart 13 -Year End Cash Estimates by Fund........................................................45 Appendix F - Chart 14 -Year End Cash Compared to Outstanding Debt............................46 iii 1 Executive Summary EXECUTIVE SUMMARY This report was prepared by Northland Securities for the QVSQPTFPGSFWJFX JOHUI FöOBODJBMQFSGPSN BODFPGUI F City of Lake Elmo’s enterprise funds, including the Water Fund, the Sanitary Sewer Fund, and the StormWaterFund (collectively,the“utilityfunds”)todeterminetheappropri- ate fees and charges and other revenue needed to fund operations through 2025. The process involved the projection of revenues and ex- penditures for the utility funds and included incorporat- ing the City’s plans for capital improvements, and plans GPSöOBODJOH JOUPUI FöOBODJBMQSPKFDUJPOTBMPOHX JUI QSP jected growth in customers. Recommendations included in the report are based on information provided to Northland Securities from City TUBòBOEPUIFS$JUZDPOTVMUBOUTBOEDFSUBJOBTTVNQUJPOT as prepared by Northland Securities and detailed in the report. To the extent the assumptions in the report change in the months and years ahead, which they will, the City will OFFE UPBE KVTUJUTPOHPJOHöOBODJBMQMBOTBDDPSE JOHMZ #FGPSFPòFSJOHUIFDPODMVTJPOTBOESFDPNNFOEBUJPOT from the study, an explanation of the organization of the SFQPSUBOEUIFTUVEZBQQSPBDIJTPòFSFE Organization of Report This report is organized into six sections: 1. Executive Summary provides information on the or- ganization of the report, study approach, and conclu- sions and recommendations. 2. Backgrounddiscussesthehistoricalcontext,including growth and development of the community, and per- formance of the utilities. 3. Capital Improvement Plan provides information on the City’s plans for infrastructure improvements for the utilities. This includes estimates on project costs andsourcesoffundsto pay forthe improvements. In- formation on debt service is also included. 4. Utility Rates provides current, and future projected utility rates that will be necessary to maintain a posi- UJWFöOBODJBMDPOE JUJPOGPSUI FVUJMJUZGVOE T*OGPSN B tionisprovidedintheAppendixofthisreportonwhat proposedrateincreaseswillmeantocustomers ofthe utility systems. 5. Financial Plans are provided for the Water Fund, Sani- UBSZ4FX FS'VOE BOE 4UPSN 8 BUFS'VOE 5I FöOBODJBM plans provide both historical, current, and future pro- jected sources and uses of funds and balance sheet information. Financial plans take into account capital improvement plans, debt service, and proposed rates. 6. Appendix provides information on calculation of net assets and depreciation for the utility funds, and change in cash balances. Study Approach The following steps were taken as part of the study: • City provided information on the following: -historical spending and revenues, and future capi- tal improvement plans; -projected growth in customer units from future residential and commercial development; and QSFMJN JOBSZöOBODJBMSFTVMUT UI F$JUZT$PN  2 Executive Summary prehensive Annual Financial Reports as of Decem- ber 31, 2015 was not yet available for the study. • Information provided by the City was organized, ana- MZ[FE BOE VTFE UPTVQQPSUUI FE FWFMPQN FOUPGöOBO DJBMQMBOT0 ODFUI FQSFMJN JOBSZöOBODJBMQMBOTX FSF EFWFMPQFEUIFOEJòFSFOUTDFOBSJPTXFSFDPOTJEFSFE BOEBOBMZ[FEXJUI$JUZTUBòBOEPUIFS$JUZDPOTVMUBOUT to determine impact on utility rates. •$JUZTUBòPòFSFEJOQVUBOEGFFECBDLPOUIFBTTVNQ tions and desired outcomes. •"öOBME SBGUPGUI FSFQPSUX BTQSFQBSFE GPSQSFTFOUB tion to the City Council. *UJTJN QPSUBOUUPOPUFBTQFDUTPGöOBODJBMQFSGPSN BODF not reviewed as part of this study: •5I FWBMJE JUZPGUI FBTTVN QUJPOTBOE öHVSFTQSPWJE FE  by the City on future growth was not reviewed. • Analysis of the basis for the City’s determination of current utility fees and charges was not reviewed. •5I FöOBODJBMJN QBDUUPUI F$JUZPGQPUFOUJBMDI BOHFT to theexisting customer tier structure for charging for water and sanitary sewer services was not reviewed. • NorthlanddidnotreviewanyCitypreparedproforma as part of the study and we are not aware of how this report may compare to any prior or current City pro forma. • The scope of the study did not include a review and comparison of the City’s utility fees and charges to other cities. • The City was not able to provide volume data by tier. Because historical volume data was not available for review, the report makes certain assumptions for fu- ture volume of water sold by tier. Conclusions and Recommendations The following conclusions and recommendations are of- fered as a result of the study: 1. Growth in Customers (Residential Equivalent Units) To meet service demands from growth in customers, the City is planning for capital improvement projects. It needs to be emphasized that the scope, timing, and cost of the capital improvement projects included in this report are preliminary estimates. The City Engi- neer provided a projection of improvement projects with gross estimates for project costs to provide a reasonable basis for the pro forma analysis included in this report.The City will need to continue to review and revise the capital improvement plan on an on- going basis. Timing for future projects will be driven by future de- velopment. The planned improvements that are cur- rently included in the capital improvement plan are anticipated to be paid for through a combination of issuance of debt, special assessments (pre-paid), and cash. Inadditiontotheimpactoffuturegrowthonthecapi- tal improvement plan, the actual timing for the build out of already approved housing development and DPN N FSDJBMBSFBTX JMMI BWFBTJHOJöDBOUJN QBDUPOUI F estimatesforfuturerevenuesto theutilityfunds,from both the collection of development fees and usage fees. Table A provides the estimated growth projections for residential equivalent units (platted and connected). 5IFHSPXUIFTUJNBUFTXFSFQSFQBSFECZ$JUZTUBò Table F on page 20 provides detailed information on 3 Executive Summary the growth projections summarized in TableA. The as- sumptions for growth in customers have an impact on the establishment of future utility rates and the resulting revenue and year-end cash projections for the utility funds.The City should continue to carefully monitor its assumptions for future growth in custom- ers against actual development. /PUFUP5BCMF"5IFSFJTBEJòFSFODFCFUXFFO4FXFSBOE8BUFSVOJUT shown in Table A because some customers will connect to either mu- nicipal water or sanitary sewer, but not both. 2. Establishmentof UtilityRates The report assumes a 1.0% annual increase in water and sewer rates, beginning in year 2018. The annual rateincreaseisassumedonthequarterlybasefeeand usage fees only. The annual fee for storm water is as- sumed to increase by $10.00 per year, beginning in year2017.TheincreasesareneededtoensuretheCity JTBCMFUPNBJOUBJOTVóDJFOUDBTIJOUIFVUJMJUZGVOET overthelong-term.Thereisnoassumedchangetothe developmentfees(connectionandavailablycharges). TheCityshouldestablishannualuserratesconcurrent with the development of the following year’s budget BOE CBTFE POUI F$JUZTöOBODJBMQMBOT*UJTJN QPSUBOU to maintain a long term, forward looking view for the ongoingmanagementoftheutilityfundstoavoidpo- tential adjustments to utility rates based on prior year öOBODJBMQFSGPSN BODFBMPOFX JUI PVUUBLJOHJOUPBD DPVOUGVUVSFöOBODJBMQSPKFDUJPOTBOE QPUFOUJBMDI BM MFOHFT'VUVSFöOBODJBMDI BMMFOHFTN BZDPN FGSPN  UIFEJòFSFODFCFUXFFOQSPKFDUFEBOEBDUVBMHSPXUI incustomers,unanticipatedcapitalfundingpressures, and other unanticipated expense or revenue short- falls. There are no changes recommended at this time to the City’s rate structure (i.e., volume tiers). As the City gains more experience operating the expanded utili- UJFTBOE N PSFöOBODJBMI JTUPSZCFDPN FTBWBJMBCMF UI F City should evaluate whether the current rate struc- ture is continuing to meet the City’s objectives. An increase in revenue from growth in customers is projected; revenue collection will come from platted and connected units and customer usage of the sys- tems. TableB provides a summary of utility rates as assumed JOUI FSFQPSUGPSUI FOFYUöWFZFBST"DUVBMGVUVSFö nancial results and growth in customer units will im- pact the future utility rates that will be needed. 4 Executive Summary It is important to note that beginning in year 2022, boththeWater FundandSanitarySewer Fundwillbe- gin to draw on projected cash balances to cover ex- penses. Current projections suggest that the City may need to consider rate increases beyond what is pres- FOUMZJODMVE FE JOUI JTSFQPSU"DUVBMöOBODJBMSFTVMUT will need to be monitored to determine what may be necessary in the future years. TableC provides a summary of the projected year-end cash balances, combined net assets, and combined cash as a percentage of combined net assets.Chart1, on page 5,provides a summary of the total estimated year end cash balances and annual change in cash balances. Note toTable B: Table B does not include all of the tier rates. See Table G, Table H, andTable I for more information. 3. Managementof Cash BalancesandAssets The assumed level of utility rates included in this re- port, combined with the projected volume of water sold and sanitary sewer billed, plus the projected rev- enue to be collected from development charges, will provide cash needed to operate the utilities, maintain capital assets, and to pay debt service. The Financial Plan Section of this report provides a break-down of cash balances for each of the utility funds based on the following: 1) cash available to cover at least six months of anticipated operating expenses; 2) cash availabletocoverthefollowingyear’scapitalimprove- mentsthatareplannedtobefundedwithcash;and3) cashavailabletocoverthefollowingyeardebtservice. 5 Executive Summary Chart 1 shows that cash bal- ances in the utility funds are projected to increase over the next several years as a result of revenue collection from development (availability and connection charges).The cash balances will begin to decline as cash collected over the next several years is then used to pay debt service in the future years. Chart 14, on page 48 provides a comparison of projected year-end cash balances to pro- jected year-end outstanding debt obligations. 6 Background BACKGROUND The City of Lake Elmo is located on the eastern edge of the Twin Cities metropolitan area. The City’s 2030 Com- prehensive Plan forecasts and provides for approximately eighttimesthegrowthinhouseholdsandpopulationdur- ing the 2000-2030 planning period than was experienced during the 1980-2000 period. The City reports an estimated 2010 population of 8,069 and 2,774 households (2010 Census). Population is esti- mated to increase to 10,500 by 2020 and households to 3,800 (source: Metropolitan Council’s System Statement Dated September 17, 2015). The land area for the City en- compasses approximately 15,250 acres. The City’s 2030 Comprehensive Plan provides guidance on the City’s plans for managing future demand for utility infrastructure. The City is preparing to update to its Com- prehensivePlan, theupdatedPlan willlikely haveimplica- tions for the assumptions included in this report. Water Utility Lake Elmo owns, operates and maintains a municipal wa- ter supply and distribution system. The City has a goal to serve existing population desiring public water supply while preparing the system to allow people to connect as development occurs or existing areas request service. This policy guides the City’s capital improvement plan- OJOHBOE UI FOFFE UPN BJOUBJOBøFYJCMFBOE SFTQPOTJWF water system. Capital planning includes projects to cor- SFDUFYJTUJOHE FöDJFODJFTBOE UPFYQBOE UI FTZTUFN  The City uses an enterprise fund to account for its wa- ter operations. The net assets in the Water Fund totaled $9,360,075 and cash balance was $617,655 as of Decem- CFS  UI FN PTUSFDFOUBVE JUFE öOBODJBMTUBUFN FOUT for the City). SanitarySewer Utility PropertyownersintheCityareservedbyindividualsewer systems or in limited areas by municipal sewer. Capital planswillprovideforanincreaseinthenumberofproper- ties to be served by municipal sewer and connection to the RegionalSewerSystem. The Metropolitan Council En- vironmentalServices (MCES)has extended regionalsewer service to serve a greater area of the City. The City uses an enterprise fund to account for its sew- er operations. The net assets in the Sewer Fund totaled $3,611,364 and cash balance was $60,592 as of December   UI FN PTUSFDFOUBVE JUFE öOBODJBMTUBUFN FOUGPS the City). StormWater Utility TheCityoperatesastormwaterutility. Thesystemofcon- veyancesisownedandoperatedbytheCityanddesigned for collecting or conveying storm water. The City collects anannualfeefrompropertyownersthat isusedtopayfor the cost of constructing and maintaining the system. The City uses an enterprise fund to account for its storm water operations. The net assets in the Storm Water Fund totaled $1,095,528 and cash balance was $312,746 as of %FDFN CFS  UI FN PTUSFDFOUBVE JUFE öOBODJBM statement for the City). 7 Capital Improvement Plan andDebtService CAPITALIMPROVEMENTPLANAND DEBT SERVICE Thisreportincludesacapitalimprovementplan(the“CIP”) thatincludescapitalprojectsfundedfromutilityrevenues and accounted for the in the utility funds.Table D, which canbefoundbeginningonpage9,providesdetailsonthe annual capital spending that is projected and included in this report for each of the utility funds. It is important to emphasize that the CIP included in this report should be considered a working draft. The City Engineer prepared the CIP included in this report. The TQFDJöDDPTUFTUJN BUFTJODMVE FE GPSFBDI PGUI FQSPKFDUT provides a reasonable basis for the pro forma analysis in- cluded in this report. But it is important to recognize that UI FTQFDJöDQSPKFDUTUI BUN BZBDUVBMMZCFBVUI PSJ[FE JOUI F future, and the actual costs, may vary greatly from what is included in this report. Capital Projects The projects included in the CIP include projects to ex- QBOE UI FDBQBDJUZBOE DPSSFDUE FöDJFODJFTPGUI FX BUFS and sanitary sewer systems.The City is a developing com- munity with utility expansion needs. Planned projects in- clude expansion of the City’s water supply capacity and distribution system. Sanitary sewer services have been expandedthroughtheconstructionofconnections to the Regional Sewer System. As a developing community, the City’s capital improve- ment plans focus on expansion and does not presently include capital spending for maintenance of existing sys- tems.ThiswillneedfutureconsiderationbytheCityasthe communitydevelopsandinfrastructureagesandrequires major maintenance and/or replacement. StormWaterProjects ItshouldbenotedthatforthestormwaterCIP,theCityEn- gineerhasincludedprojectsforPhases2and3forregion- al drainage improvements. The City Engineer has identi- öFE UI FGPMMPX JOHJTTVFTGPSUI FTUPSN X BUFSVUJMJUZUI BUBSF BOUJDJQBUFE UPCFBE E SFTTFE JOUI FOFYUöWFUPUFOZFBST • Phase 2 Downtown Regional Drainage project consisting of land acquisition (Shiltgen property west of Lake Elmo Avenue and north of CSAH 14), a storm water pond, and storm water diversion QJQJOHUP4VOöTI -BLF • Phase 3 Downtown Regional Drainage project consisting of storm sewer piping south of CSAH 14nearHagbergs.Thepondingmaybedeveloper paid, but for the purposes of this report it is as- sumed to be paid from utility revenue. • KraemerLakeFloodplainstudywillbeneededbe- foredevelopmentcanoccurinI-94corridor,Phase 3 area (between Keats-Lake Elmo Avenue). Source of Funding for Capital Projects The source of funding for the planned capital projects includes one of the following sources or a combination thereof: fund balance (cash); bond proceeds; and special assessments. Debt Service Planned funding for utility infrastructure projects antici- patestheissuanceofdebttoundertakeplannedimprove- ments and to manage annual fee increases. TheprojectionsassumethattheCitywillissuegeneralob- ligation bonds secured by revenues from the utility funds 8 Capital Improvement Plan andDebtServiceto pay principal and interest. This approach provides the lowestcostofdebt.Thesebondswillnotcountagainstthe City’s debt limit.Debt management is an important factor in the City’s ongoing capital improvements planning. The estimates for debt service are based on bonds to be paid over 15 years and level annual debt service.The esti- mated interest rates used to calculate annual debt service are generally based on today’s current rate environment. 5I FBDUVBMJOUFSFTUSBUFTX JMME FQFOE POöOBMTUSVDUVSFBOE  market conditions at time of issuance. TablesE1andE2,beginningonpage12,providesinformationon the City’s existing and projected future debt obligations supported by the utility funds. • Table E-1 includes information on projected debt (bonds) outstanding as of year-end for each of the utility funds. • Table E-2 includes information on projected annual debt service (principal and interest) payments for each of the utility funds. 9 Capital Improvement Plan andDebtService 10 Capital Improvement Plan andDebtService 11 Capital Improvement Plan andDebtService 12 Capital Improvement Plan andDebtService 13 Capital Improvement Plan andDebtService 14 Capital Improvement Plan andDebtService The annual debt outstand- ing as of year-end shown in Chart 2 includes G.O. revenue bonds secured by water, sani- tary sewer, and storm water revenues. The chart includes both exist- ing debt and estimated debt anticipated to be issued in the future and paid from util- ity revenues. Future bond is- suance estimates are based on the City’s capital improve- ment plan. Chart 2 includes debt sup- portedbyutilityrevenueonly and does not include existing or future estimated debt that is paidfromproperty tax levy. 15 Capital Improvement Plan andDebtService Theannualdebtservice(prin- cipal and interest) shown in Chart 3 includes G.O. revenue bonds secured by water, sani- tary sewer, and storm water revenues. The annual amounts include bothexistingdebtservice(on outstanding bonds) and esti- mated debt service on bonds anticipated to be issued in the future and paid from util- ity revenues. Future bond is- suance estimates are based on the City’s capital improve- ment plan (seeTable D). Chart 3 includes debt sup- portedbyutilityrevenueonly and does not include existing or future estimated debt that is paidfromproperty tax levy. 16 UtilityRates UTILITYRATES Key Factors 1SPKFDUJOHUI FVUJMJUZSBUFTOFDFTTBSZUPN BJOUBJOUI Fö nancialstabilityoftheCity’sutilityoperationsrequiresde- velopment and analysis of the following key factors: • Estimates for future annual operating expenditures, including personnel, materials and supplies, cost of electricity, and other operating expenses. The City contracted with TKDA Engineering Firm to perform a reviewoftheCity’soperations.TheresultsoftheTKDA revieware includedinthe futureannualoperatingex- penditures included in this report. • Metropolitan Council Environmental Service (MCES) sewer fee charged to the City by the Metropolitan Councilforregionalcollectionandtreatmentofwaste water. This is an operating expense that the City does not have control over. • Annual capital expenditure to maintain and improve the utility systems. • Annual debt servicePOCPOE TJTTVFE UPöOBODFDBQJ tal improvements. • Growth in customers using and paying for the sys- tems. This growth will provide additional revenue to the systems at time of platting, connection, and on- going usage, but will also create additional demand for services. • Available other revenue sources other than fees and charges to users of the water and sanitary sewer ser- vices. Annual Operating Expenditures Costs incurred in operating the utility systems, which are used up in the period in which acquired, are recorded as operating expenditures. Annual growth in operating expenditures, not including the MCES charge, has been modest.Itisanticipatedthatgrowthinfutureyearswillbe 2.0% annually. The operating expense projections included in this report were prepared by Bernie Bullert, fromTKDA.The City con- tracted with TKDA to perform a review of the City’s op- erations for the utility systems and to provide input into future estimated capital improvement projects. TKDA will provide the City with a report that explains the assump- tions and other factors behind the operating expenses that are included in the pro forma for each of the utility funds. Depreciation is reported as an operating expenditures and is the process of allocating the costs of an asset over its useful life in a systematic and rational manner. Depre- ciation is projected to change with capital spending and depreciation of both existing and future acquired assets. The appendix to this report includes information on the calculation of depreciation for this report. MetropolitanCouncil Environmental Services TheMCESchargetocitiesforregionalcollectionandtreat- ment has been volatile in recent years. MCES experienced SFWFOVFMPTTFTGSPN UI FTJHOJöDBOUE SPQJOSFHJPOBME FWFM opment during the recession which has caused a corre- sponding decline in revenue collected by the Council for Sewer Availability Charges (a one time fee for new con- nections).Forprojectionpurposes,thestudyassumesthat future charges paid to MCES for collection and treatment 17 UtilityRates will increase by 5.0% annually. This is part of the annual operating expense to the City’s Sewer Fund. The City accounts for the collection and payment of the MCES “Sewer Availability Charge” (SAC) through an ac- counts payable account. Therefore the pro forma for the sanitary sewer fund (see Table K-3, on page 34) does not in- clude a separate revenue and expense line item for the MCES SAC. Annual Capital Expenditures TheCIP anticipates paying for futurecapitalimprovement project costs with a combination of revenue sources. The City anticipates future development will provide the neededrevenuetotheCityforpayingforutilityexpansion through the collection of development fees (an availabil- ity and a connection charge). Paying for annual planned capital improvement projects with cash may be a sound strategy depending on the de- tails of the project. It avoids incurring annual interest ex- pense. However, this strategy requires advance planning and implementation of utility fees and charges that pro- WJE FBE FRVBUFDBTI øPX  For large (non-routine) capital expenditures or unantici- pated capital expenditures, the use of bonding to fund capital minimizes annual rate increases that otherwise wouldbenecessary.ItalsoallowstheCitytochargefuture customers the cost of infrastructure with a longer useful life, versus putting the entire burden on today’s custom- ers. The CIP anticipates bonding for certain project costs. The resulting annual debt service on the bonds is includ- FE JOUI FöOBODJBMQMBOTGPSUI F6 UJMJUZ'VOE T Debt Service Debt service in the Utility Funds is paid from revenue col- lected from utility fees, availability and connection charg- es, and special assessments. The CIP anticipates debt is- suance to be supported by the revenues within the utility funds. "MMDVSSFOUBOE GVUVSFE FCUJTBDDPVOUFE GPSJOUI FöOBODJBM plans that are included in this report. The estimated debt serviceisbasedon15yearsbondspayableatcurrentmar- ketinterestrates.Futureestimatedutilityfeesandcharges SFøFDUUI FDPTUPGUI FFTUJN BUFE JODSFBTFGPSE FCUTFSWJDF Growth in Customers Growth in customers fromfuture landdevelopment is the most important factor in determining the projections for future utility rates. Build out of approved developments will bring an increase in revenue to the City’s utility funds through the collection of availability and connection charges and fees collected for service and usage of the systems. Availability charges and connection charges are one time charges collected at the time of development and connection to the system. Estimating the increase in future customers from growth in residential and commer- cial development is the most volatile factor in developing öOBODJBMQSPKFDUJPOTGPSUI FVUJMJUZGVOE TTableFandChart4 andChart5,beginningonpage18,include information on the assumed growth in residential equivalent units (“REU”) fromfuturedevelopment.Theprojectedannualgrowthin 3&6TXBTFTUBCMJTIFECZ$JUZTUBòBOEQSPWJEFEUP/PSUI land for this report. The pace of future development will increase or decrease projected revenues shown in this report and impact fu- ture utility rates. For this reason it is critical that the City 18 UtilityRates 19 UtilityRates The estimates for future growth from development, shown in residential equiva- lentunitsinChart4andChart  XBTQSFQBSFECZ$JUZTUBò The data was provided to Northland Securities as an input for the study and this report. The assumption on growth, and annual units platted and connected, is an important input for projecting future revenue for the utility funds. Revenue from increased residential equivalent units comes from a one time pay- ment of the City’s availabil- ity charge and connection charge and then from on- going payment for use of the systems. The availabil- ity charge is paid at time of platting and the connection charge at time of connection. 20 UtilityRates VQE BUFJUTöOBODJBMQMBOTCBTFE POBDUVBMHSPX UI  Available Other Revenues There is limited other revenues that provide a source of funding for utility services.The majority of the cost to op- erateandmaintainthesystemispaidfromfeesandcharg- es collected from those using the system. Other revenue includes interest income on cash balances, special assess- ments, grants, and rents. Historical Utility Rates Informationonhistoricalratesisprovidedin TableG,TableH, andTableI,beginningonpage21, for each of the utility funds. Ratesshownarebilledquarterly,withtheexceptionofthe stormwaterfeewhichisbilledto customersreceivingthis chargeonanannualbasis.TheCitychargesabasicservice fee for water only. Future Utility Rates Informationonfutureprojectedutilityratesforyears2017 to2025isalsoincludedin TableG,TableH,andTableI,foreach PGUI FVUJMJUZGVOE T5I FQSPKFDUFE GVUVSFSBUFTSFøFDUUI F rates necessary to maintain adequate cash balance in the utility funds. These rates applied against projected cus- tomers and usage is used to calculate the annual estimat- FE DI BSHFTGPSTFSWJDFTGFFTTI PX OJOUI FöOBODJBMQMBOT (pro forma) for each utility fund. The report assumes a 1.0% annual increase in water and sewer rates, beginning in year 2018. The annual rate in- crease is assumed on the quarterly base fee and usage fees only. The annual fee for storm water is assumed to increase by $10.00 per year, beginning in year 2017. As stated, the increases are needed to ensure the City is able UPNBJOUBJOTVóDJFOUDBTIJOUIFVUJMJUZGVOETPWFSUIF long-term. There is no assumed change to the develop- ment fees (connection and availably charges). The validity of the tier structure the City uses for charging customers for water, based on volume of water sold, was not reviewed as part of this study. The current adopted tier structure appears to be reasonable. ProjectedVolumes ofWaterSoldand Sanitary Sewer Billed Annual estimated volume of water sold by tier and esti- mated sanitary sewer billed by year is included in Table G and Table H. The estimated gallons of water billed is sum- marized in Chart6,onpage24. The City was not able to provide information on histori- calvolumesoldpertiersoassumptionsweremadeonthe volumes sold per tier in order to prepare this report and toprojectfuturerevenuesfrombillingofwaterusage.The assumptions should be updated in the future as better is available from the City’s billing system. The report assumes average annual volume of 96,000 gal- lonsperresidentialcustomer(or8,000gallonspermonth). This volume is pro-rated across the City’s tier structure us- ing estimated historical data (actual data was not avail- able). For commercial customers, annual volume is cal- culated based on prior year estimated volumes adjusted by the percentage increase in commercial (and school) customers.The report assumes annual sewer volume bill- er per customer, for both residential and commercial, of 72,000 gallons (or 6,000 per month). The assumptions for residential and commercial custom- ersvolumeusageforbothwaterandsanitarysewerneeds to be revisited and reviewed as better information be- comes available fromtheCity’s utility billingsysteminthe future and historical billing data becomes available. 21 UtilityRates 22 UtilityRates 23 UtilityRates 24 UtilityRates The estimated annual gallons of water billed is projected to increase as more customers connect to the water system. This report assumes that the average annual usage per customer, for residential and commercial, remains con- stant. 25 FinancialPlans FINANCIAL PLANS #BTFE POI JTUPSJDBMöOBODJBMQFSGPSN BODF QSPKFDUFE VUJM ity rates andstructure, andanticipatedfuturecapitalproj- FDUT öOBODJBMQMBOT QSPGPSN B I BWFCFFOQSFQBSFE GPS each the utility funds. KeyAssumptions 5I FöOBODJBMQMBOTGPSFBDI PGUI FVUJMJUZGVOE TX BTE FWFM oped based on several key assumptions which are as fol- lows: • Operating expenditures, including personnel costs and materials supplies and all other operating ex- pense will increase by 2.0% annually along with other adjustments as prepared by TKDA Engineering Firm. The City contracted withTKDA to perform a review of theCity’soperationsfortheutilitysystemsandtopro- vide input into future estimated capital improvement projects. TKDA is to present the City with a report that will provide information on the assumptions and other factors behind the operating expenses that are included in the pro forma for each of the utility funds. • Nochangeinexistingtierstructureforfeesandcharg- es. • Depreciation is estimated based on projected capital improvements with new assets assumed to be depre- ciated over a 40 year term. Information on calculation of net capital assets, including depreciation is includ- ed in the Appendix. • Current capital improvement plan will be implement- ed at estimated project costs and projected sources of funding as included in this report. This includes an increase in future debt service for payment on bonds to be issued. • Utility fees for use of the system are assumed to in- crease by 1.0% annually for water and sanitary sewer services, beginning in year 2018. The annual rate in- creaseisassumedonthequarterlybasefeeandusage fees only. The annual fee for storm water is assumed toincreaseby$10.00peryear,beginninginyear2017. • Connection and availability charges are assumed to remain constant for years 2016-2025. Revenue from these charges is used to pay for the system, including the planned capital projects and related debt service. • Theproposedfutureutilityfeesandchargesareshown to be at a level that is adequate to maintain cash bal- BODFTJOUIFGVOETTVóDJFOUUPDPWFSUIFGPMMPXJOH 1) six months of operating expenses; 2) the following year’s capital improvements that are planned to be fundedwithcash;and3)thefollowingyear’sdebtser- vice. 26 FinancialPlans WATER FUND Fund Description The Water Fund is used to account for the operating and capital improvement costs of the water utility system. Background 5I F8 BUFS'VOE JTJOTPVOE öOBODJBMDPOE JUJPO'VUVSFö nancialperformance willbe impacted by the timing of fu- ture development of land in the City and the timing of re- ceipt of development fees (trunk line availability charges and connection charges) that will support infrastructure costs and receipt of charges for service for usage of the system. Source of Funds There are two major source of funds for the Water Fund: thecollectionofchargesforservicefees(basefeeandvol- ume usage fees) and development fees collected at time of platting and time of connection to the system. Future revenue from charges for service fees will increase as the number of customers increases over time and the volume of water sold increases. 5I FöOBODJBMQMBOGPSUI F8 BUFS'VOE BTTVN FTOPDI BOHF in the City’s existing rate structure and assumes rates in- crease of 1.0% annually beginning in year 2018. TheCitycollectsrevenuefromarentalfeeforaccesstothe City’s water tower by communication companies. InterestincomeisearnedonthecashbalanceintheWater Fundthatisrecordedasrevenue.Theinvestmentearnings rate is projected to be 0.5% for future years. Special assessments levied for water infrastructure im- provements is recorded as revenue in theWater Fund. Use of Funds The use of funds is to pay for the operation of the water system, debt service expense, depreciation, and autho- rized transfers to other funds that may occur from time to time. Operating expense line item details can be found in Table J-3. Debt service expense, which includes interest expense on bonds, can be found in Table E-2. (Principal payments on bonds supported by the Water Fund result in a reduction of liability for the Fund.) Depreciation expense details, including calculation of projected net capital assets, can be found in AppendixA,. Transfers 5I FöOBODJBMQMBOE PFTOPUBOUJDJQBUFBOZGVUVSFUSBOT fers in or out of funds from the Water Fund to other city funds. Presently the City does not charge the utility funds for General Fund overhead but does charge the fund for BENJOJTUSBUJWFTUBòUJNF Balance SheetItems 5I FöOBODJBMQMBOJODMVE FTQSPKFDUFE BTTFUTBOE MJBCJMJUJFT for the Water Fund, this includes projected annual year- end cash balance.Table J-2 provides a detailed summary on projected change in cash year by year.TheWater Fund cash balance includes funds collected and recorded as deferred revenue and funds held in escrow related to the refunding of bonds. WATERFUND 27 FinancialPlans WATERFUND 28 FinancialPlans WATERFUND 29 FinancialPlans WATERFUND 30 FinancialPlans Estimated year end cash bal- ances are projected to in- DSFBTFPWFSUI FOFYUöWFZFBST and then will be spent down as projects are implemented and cash balances are drawn down. The source and use of funds includes depreciation and capital contributions. The dif- ference between the annual source and use of funds is the change in net assets of the fund. WATERFUND 31 FinancialPlans SANITARY SEWER FUND Fund Description TheSanitarySewerFundisusedtoaccountfortheoperat- ing and capital improvement costs of the sanitary sewer utility system. Background 5I F4BOJUBSZ4FX FS'VOE JTJOTPVOE öOBODJBMDPOE JUJPO 'VUVSFöOBODJBMQFSGPSN BODFX JMMCFJN QBDUFE CZUI FUJN  ing of future development of land in the City and the tim- ing of receipt of development fees (trunk line availability charges and connection charges) that will support infra- structurecostsandreceiptofchargesforserviceforusage of the system. Source of Funds TherearetwomajorsourceoffundsfortheSanitarySewer Fund: the collection of charges for service fees (base fee and volume usage fees) and development fees collected at time of platting and time of connection to the system. Future revenue from charges for service fees will increase as the number of customers increases over time and the volume of water sold increases. Future development of landthroughplattingwillresultinincreasedrevenuefrom water availability and connection charges. 5I FöOBODJBMQMBOGPSUI F4BOJUBSZ4FX FS'VOE BTTVN FTOP change in the City’s existing rate structure and assumes a rate increase of 1.0% annually beginning in year 2018. InterestincomeisearnedonthecashbalanceintheWater Fundthatisrecordedasrevenue.Theinvestmentearnings rate is projected to be 0.5% for future years. Special assessments levied for sanitary sewer infrastruc- SANITARYSEWER FUNDture improvements is recorded as revenue in the Sanitary Sewer Fund. Use of Funds The use of funds is to pay for the operation of the sanitary sewersystem,debtserviceexpense,depreciation,andau- thorizedtransferstootherfundsthatmayoccurfromtime to time. Operating expense line item details can be found in Table K-3. Debt service expense, which includes interest expense on bonds, can be found in Table E-2. (Principal payments on bonds supported by the Sanitary Sewer Fund result in a reduction of liability for the Fund.) Depreciation expense details, including calculation of projected net capital assets, can be found in AppendixB. Transfers 5I FöOBODJBMQMBOE PFTOPUBOUJDJQBUFBOZGVUVSFUSBOTGFST in or out of funds from the Sanitary Sewer Fund to other city funds. Presently the City does not charge the util- ity funds for General Fund overhead but does charge the GVOEGPSBENJOJTUSBUJWFTUBòUJNF Balance SheetItems 5I FöOBODJBMQMBOJODMVE FTQSPKFDUFE BTTFUTBOE MJBCJMJUJFT for the Sanitary Sewer Fund, this includes projected an- nual year-end cash balance.Table K-2 provides a detailed summary on projected change in cash year by year. 32 FinancialPlans SANITARYSEWER FUND 33 FinancialPlans SANITARYSEWER FUND 34 FinancialPlans SANITARYSEWER FUND 35 FinancialPlans Estimated year end cash bal- ances are projected to in- crease annually between years 2016 and 2025. This is due the projected annual revenue collection exceeding the use. The actual year-end cash bal- ances will be impacted by changes in planned capital spending. As projects are implemented, beyond what is included in the draft CIP, cash balances may be lower than what is projected in this report. The source and use of funds includes depreciation and capital contributions. The dif- ference between the annual source and use of funds is the change in net assets of the GVOE5IFEJòFSFODFJTESJWFO by the projected collection of trunk line availability charges in advance of further build- out of the system. SANITARYSEWER FUND 36 FinancialPlans STORMWATERFUND Fund Description TheStormWaterFundisusedtoaccountfortheoperating and capital improvement costs of the storm water utility system. Background 5I F4UPSN 8 BUFS'VOE JTJOTPVOE öOBODJBMDPOE JUJPO'V UVSFöOBODJBMQFSGPSN BODFX JMMCFJN QBDUFE CZUI FUJN JOH of future development oflandintheCity. Future develop- ment will increasethe demands onthestormwaterutility infrastructure and provide opportunity for increased rev- enue to support the infrastructure and operation of the system. Source of Funds There is one major source of funds for the Storm Water 'VOE UI FDPMMFDUJPOPGBöYFE BOOVBMDI BSHFGPSTFSWJDF fee. The City does not charge an availability fee for the storm water utility system. Build out of the system has been paid as part of the developer’s project costs. Theannualfee,presentlyat$50.00,isassumedtoincrease by $10.00 per year, beginning in 2017. This increase is needed in order to maintain cash balance. Beginning in 2017,theCitywillbeginpayingdebtserviceonthebonds JTTVFE JOUPöOBODFTUPSN X BUFSJN QSPWFN FOUT Some cities choose to manage storm water utility fees UI SPVHI öOBODJOHDFSUBJODBQJUBMJN QSPWFN FOUTX JUI UBY levy, the City will have the ability in the future to consid- er what costs, if any, of the storm water utility should be spread over the cities entire tax base. InterestincomeisearnedonthecashbalanceintheWater Fundthatisrecordedasrevenue.Theinvestmentearnings STORMWATERFUNDrate is projected to be 0.5% for future years. Special assessments levied and recorded as revenue to the StormWater Fund relate to unpaid utility bills and are not related to project costs. Use of Funds The use of funds is to pay for the operation of the storm water system, debt service expense, and depreciation, ex- pense. Operating expense line item details can be found in Table L-3. Debt service expense, which includes interest expense on bonds, can be found in Table E-2. (Principal payments on bonds supported by the Storm Water Fund result in a re- duction of liability for the Fund.) Depreciation expense details, including calculation of projected net capital assets, can be found in AppendixC. Transfers 5I FöOBODJBMQMBOE PFTOPUBOUJDJQBUFBOZGVUVSFUSBOTGFST in or out of funds from the StormWater Fund to other city funds. Presently the City does not charge the utility funds for General Fund overhead but does charge the fund for BENJOJTUSBUJWFTUBòUJNF Balance SheetItems 5I FöOBODJBMQMBOJODMVE FTQSPKFDUFE BTTFUTBOE MJBCJMJUJFT for the Storm Water Fund, this includes projected annual year-end cash balance.Table L-2 provides a detailed sum- mary on projected change in cash year by year. 37 FinancialPlans STORMWATERFUND 38 FinancialPlans STORMWATERFUND 39 FinancialPlans STORMWATERFUND 40 FinancialPlans Estimated year end cash bal- ances are projected to de- cline due to the increase in debt service expense related UPUI FöOBODJOHPGDBQJUBMJN  provement projects.Year-end cashbalancesareexpectedto recover due to the projected increase in the annual storm water fee (assumed to be $5 per year increase). The actual year-end cash bal- ances will be impacted by changes in planned capital spending. As projects are implemented, beyond what is included in the draft CIP, cash balances may be lower than what is projected in this report. The source and use of funds includes depreciation. The EJòFSFODFCFUXFFOUIFBO nual source and use of funds is the change in net assets of the fund. STORMWATERFUND 41 Appendix 42 Appendix 43 Appendix 44 Appendix 45 Appendix The increase in estimated year-end cash is due to the collectionofchargesfromde- velopment to pay for future capital improvement proj- ects, including debt service JTTVFE UPöOBODFUI FQSPKFDUT The estimated spend down of cash is projected to occur as projected development units are realized and the col- lection of development fees begins to decline and debt service payments are met. For year by year explanation of projected change in year- end cash balances, see Table J-2 on page 29 for the Water Fund), Table K-2 on page 34 for the Sanitary Sewer Fund, and Table L-2 on page 39 for the StormWater Fund. 46 Appendix AsnotedforChart13onpage 46, the increase in estimated year-end cash is due to the collectionofchargesfromde- velopment to pay for future capital improvement proj- ects, including debt service JTTVFE UPöOBODFUI FQSPKFDUT The CIP anticipates the issu- ance of debt in the future to payforcapitalimprovements. The projected future year- end cash as percent of year- end debt outstanding will increase as cash increases from the collection of devel- opment charges. The cash collected will be used to pay future debt service. Northland Securities, Inc. 45 South 7th Street, Suite 2000 Minneapolis, MN 55402 (800) 851-2920 Member NASD and SIPC MAYOR AND COUNCIL COMMUNICATION DATE: 7/19/2016 CONSENT ITEM #: 20 AGENDA ITEM: Hunting Ordinance SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Sarah Sonsalla, City Attorney Washington County Sheriff’s Department BACKGROUND: In fall of 2015, City staff received numerous complaint calls about illegal or perceived illegal hunting. In response, Planning Staff drafted an amendment to the Weapons Ordinance, Section 130.15 and held a public hearing at the January 11, 2016 Planning Commission meeting. No member of the public spoke at that public hearing, but the Planning Commission raised a number of issues including wanting to know how the changes related to the MN conceal and carry legislation. Because of the complexities of this Statute, Planning Staff had the City Attorney draft the Ordinance Amendment attached to this report. The City Attorney has informed Planning Staff that the public hearing was not necessary because the Ordinance is not part of the City’s zoning code. ISSUE BEFORE COUNCIL: The Council should consider approval of the new hunting ordinance and map. PROPOSAL DETAILS/ANALYSIS: Ordinance Hunting is presently addressed by the Weapons Ordinance, Section 130.15. Section 130.15 prohibits hunting as follows: (B) Unlawful acts. Except as otherwise provided in this section, it shall be unlawful for any person: (1) To fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of a residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city and , except on an approved target range; City Council Meeting July 19, 2016 Consent Agenda Item #_20__ Page 2 The average resident is not likely to know the differences between platted and unplatted property, making self-enforcement difficult. The new Hunting Ordinance is an amendment of the Weapons Ordinance, Section 130.15. The ordinance allows hunting in areas designated on a hunting map established by Council Resolution each year. This allows the City to adjust allowed hunting areas as the City grows and develops. The ordinance references a hunting map which will be updated by City staff from time to time as needed. The hunting map will be posted on the City’s website and at City Hall and will enable residents a greater ability to determine where hunting is allowed and prohibited. In addition to hunting, the amendment also amends Section 130.15B to align with conceal and carry law, MN Statute 624.714. Since the enactment of this statute, the City Attorney believes it is unlawful for the City of Lake Elmo to require a person carrying a loaded weapon to obtain written permission from a property owner in order to carry the weapon on the property. The Statute does allow the city to require written permission from a property owner for another to hunting on the property. Approved Hunting Areas Map The proposed ordinance was modeled after Minnetrista’s Hunting Ordinance, which designates both areas in which hunting with a bow and arrow or handgun is allowed and areas in which hunting with a bow and arrow only are allowed. The proposed hunting ordinance for Lake Elmo states that a map will be provided to designate these two areas as well. Currently, the proposed Approved Hunting Areas Map shows areas that have been found to be at least 500 feet away from a structure (as viewed from the Washington County Property Viewer website aerial view) and not located in a Public Facilities zoning district. This reflects the specific language in the ordinance that prohibits the discharge of any weapon within 500 feet of a platted area or structure. The map does not designate areas in which hunting with a bow and arrow only are allowed. If the Council wishes to establish areas in which hunting with a bow and arrow only are allowed, it needs to determine what criteria needs to be met in order to allow this so that the map can be properly amended to reflect this criteria. As previously mentioned, the proposed Approved Hunting Areas Map shows areas that were found to be appropriately zoned and not shown to be located within at least 500 feet of a structure. Minnetrista’s Hunting Zones Map, attached, does not designate specific areas that are at least 500 feet away from structures, but instead restricts hunting in more dense areas (Residential, R-1, R-2, etc.), allows hunting with a bow and arrow in areas with bigger lots and more open space, and allows hunting with a shotgun or bow and arrow in areas that are agriculturally zoned with parcels upwards of 40 acres in area. The Council should decide if it chooses to adopt a map that specifically shows areas that are appropriately zoned and not within 500 feet of a structure or a map that simply designates areas in which hunting would be appropriate with the stipulation that hunting with a shotgun within 500 feet of a structure inhabited by a human or livestock is prohibited unless authorized by written permission of the property owner as state statute dictates. If the Council feels that the proposed Approved Hunting Areas Map is appropriate, it should adopt it by resolution by approving the attached Resolution 2016-142. If this is so determined, the Council should also consider adopting the attached Alternative Ordinance 08-142 (the redlined version of the ordinance) so that the ordinance does not lead one to believe that there are areas in the city in which one cannot hunt with a shotgun but can hunt with a bow and arrow only. City Council Meeting July 19, 2016 Consent Agenda Item #_20__ Page 3 FISCAL IMPACT: The proposed hunting ordinance will likely lessen the number of complaints taken by City Staff pertaining to illegal hunting and may eliminate costs associated to enforcement. OPTIONS: The City Council may approve or deny approval to the hunting ordinance. RECOMMENDATION: Staff respectfully requests, as part of tonight’s consent agenda, that the Council approve Ordinance 08-142 as it pertains to hunting in the City of Lake Elmo, Section 300.15; Resolution 2016-55, approving summary publishing of the ordinance; and Resolution 2016-___, adopting the Approved Hunting Areas Map. If removed from the Consent Agenda, the recommended action can be completed through the following motions: 1. “Move to approve Ordinance 08-142 as it pertains to hunting in the City of Lake Elmo, Section 300.15.” 2. “Move to approve Resolution 2016-55 approving the summary publishing of Ordinance 08- 142.” 3. “Move to approve Resolution 2016-__ adopting the Approved Hunting Areas Map.” ATTACHMENTS: 1) Ordinance 08-142. 2) Alternative Ordinance 08-142 (redlined version). 3) Draft Approved Hunting Areas Map. 4) Resolution 2016-55 approving the summary publishing of ordinance 08-142. 5) Resolution 2016-___ adopting the Approved Hunting Areas Map. 6) Minnetrista Hunting Ordinance and Map 479514v2 AMB LA515-1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. ________ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING SECTION 130 OF THE CITY CODE WHICH REGULATES WEAPONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 130.15, paragraph (B) of the City Code by adding the double underlined language and deleting the stricken language as follows: § 130.15 POSSESION, DISCHARGE, OR SALE OF WEAPONS (B) Unlawful acts. Except as otherwise provided in this section, it shall be unlawful for any person: (1) To fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of any residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city, except on an approved target range; (2) To wear or carry a loaded weapon for hunting or other purposes hunt on land not owned by the person wearing or carrying the weapon, hunting in the city, without specific written and dated permission of the owner of the land. The writing containing the permission shall also describe with reasonable accuracy the boundaries of the land owned by the owner giving the permission except on an approved target range. SECTION 2. The City Council of the City of Lake Elmo hereby amends the City Code by inserting the following new sections in Section 130 of the Code as follows: § 130.16 RESTRICTIONS ON THE DISCHARGE OF FIREARMS; HUNTING. No person may discharge any firearm or bow and arrow, or engage in hunting of any game birds or other animals by any means within the corporate limits of the city: (A) Except as otherwise provided in this section; (B) Unless discharged in lawful defense of person or property; or (C) Unless the person is a duly authorized law enforcement officer engaged in the performance of his or her official duties. § 130.17 HUNTING REGULATIONS. (A) Hunting with a shotgun or with a bow and arrow as authorized by the Minnesota Department of Natural Resources, state laws pertaining to trespass, and by landowner permission, is allowed but only in the areas established by the city council. No other firearms, including long 142 479514v2 AMB LA515-1 guns or hand guns, or any other weapon, except a bow and arrow, are permitted to be used for hunting within the city. (B) The city council shall, by resolution, establish by map or other means the areas in which the discharge of shotguns and the use of a bow and arrow are allowed for hunting and the areas in which only the use of a bow and arrow is allowed for hunting. No hunting shall be allowed in other areas of the city. § 130.18 HUNTING TO MANAGE WILDLIFE Notwithstanding anything herein to the contrary, the city’s law enforcement agency shall be entitled to issue permits to hunt in any area of the city to manage wildlife populations upon evidence that all required state permits have been secured and a determination by law enforcement that such hunting will not pose an undue risk to public health and safety. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance No. ____ was adopted on this _____ day of _____________, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance ________ was published on the _____ day of _________________, 2016. 142 08-142 479514v2 AMB LA515-1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-142 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING SECTION 130 OF THE CITY CODE WHICH REGULATES WEAPONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 130.15, paragraph (B) of the City Code by adding the double underlined language and deleting the stricken language as follows: § 130.15 POSSESION, DISCHARGE, OR SALE OF WEAPONS (B) Unlawful acts. Except as otherwise provided in this section, it shall be unlawful for any person: (1) To fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of any residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city, except on an approved target range; (2) To wear or carry a loaded weapon for hunting or other purposes hunt on land not owned by the person wearing or carrying the weapon, hunting in the city, without specific written and dated permission of the owner of the land. The writing containing the permission shall also describe with reasonable accuracy the boundaries of the land owned by the owner giving the permission except on an approved target range. SECTION 2. The City Council of the City of Lake Elmo hereby amends the City Code by inserting the following new sections in Section 130 of the Code as follows: § 130.16 RESTRICTIONS ON THE DISCHARGE OF FIREARMS; HUNTING. No person may discharge any firearm or bow and arrow, or engage in hunting of any game birds or other animals by any means within the corporate limits of the city: (A) Except as otherwise provided in this section; (B) Unless discharged in lawful defense of person or property; or (C) Unless the person is a duly authorized law enforcement officer engaged in the performance of his or her official duties. § 130.17 HUNTING REGULATIONS. (A) Hunting with a shotgun or with a bow and arrow as authorized by the Minnesota Department of Natural Resources, state laws pertaining to trespass, and by landowner permission, is allowed but only in the areas established by the city council. No other firearms, including long 479514v2 AMB LA515-1 guns or hand guns, or any other weapon, except a bow and arrow, weapons except for a bow and arrow or shotgun are permitted to be used for hunting within the city. (B) The city council shall, by resolution, establish by map or other means the areas in which the discharge of shotguns and the use of a bow and arrow are allowed for hunting and the areas in which only the use of a bow and arrow is allowed for hunting. No hunting shall be allowed in other areas of the city. § 130.18 HUNTING TO MANAGE WILDLIFE Notwithstanding anything herein to the contrary, the city’s law enforcement agency shall be entitled to issue permits to hunt in any area of the city to manage wildlife populations upon evidence that all required state permits have been secured and a determination by law enforcement that such hunting will not pose an undue risk to public health and safety. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance No. ____ was adopted on this _____ day of _____________, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-142 was published on the _____ day of _________________, 2016. Lo n g La k e Sun n y b r o o k Lo n g La k e Cl e a r L a k e LakeJane Sunfish Lake LakeElmo E a g l e P o i n t L a k e Do w n s La k e Horse s h o e Lake A r m s t r o n g L a k e Goose Lake Ro s e La k e Mark s g r a f Lak e il W s LakeOlson L a k e D e M o n t r e v i l l e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Legend Approved Hunting Areas* Approved Hunting Areas The following map outlines where hunting with a bow and arrow or shotgun is allowed in the City (all other weapons prohibited for hunting). Hunting is not allowed within 500' of any residence, structure or platted area in the city unless in an approved target range.Hunting ordinance, DNR regulations, and trespassing laws apply. *Map is updated from time to time but may not reflect structures recently erected.Hunting with a shotgun is prohibited within 500 ft of a structure occupied by a human or livestock without property owner or occupant permission regardless if this map shows the area to be an approved hunting area. 0 21 Miles Updated: 7/6/2016 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-__ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-___ BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-___, an ordinance to amend Section 130 of the Lake Elmo City Code which regulates weapons; and 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-___, which amends the Chapter 130: General Offenses: • By amending Section 15: Possession, discharge, or sale of weapons, to replacing language that makes it unlawful to wear or carry a loaded weapon with language that makes it unlawful to hunt on land not owned by the person or without specific written and dated permission of the owner. • By inserting Section 16: Restrictions on the discharge of firearms; that restricts hunting of any game birds or other animals. • By inserting Section 17: Hunting regulations, that establishes restrictions on hunting by establishing a map that designates areas in which the discharge of shotguns and the use of a bow and arrow are allowed for hunting. • By inserting Section 18: Hunting to manage wildlife, that entitles law enforcement to issue permits to hunt in any area of the city to manage wildlife populations. The full text of Ordinance No. 08-___ 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: July 19, 2016 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ 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. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-__ RESOLUTION ESTABLISHING A MAP DESIGNATING APPROVED HUNTING AREAS WITHIN THE CITY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-142, an ordinance to amend Section 130 of the Lake Elmo City Code which regulates weapons; and WHEREAS, Ordinance No. 08-142 states that the City Council shall, by resolution, establish by map or other means the areas in which the discharge of shotguns and the use of a bow and arrow are allowed for hunting; and WHEREAS, § 130.15: Possession, Discharge, or Sale of Weapons of the Lake Elmo City Code which regulates weapons states that it is unlawful for any person to fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of any residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city, except on an approved target range; and WHEREAS, the City Council, at its meeting on the 19th day of July 2016, considered the areas in which the discharge of shotguns and the use of a bow and arrow are allowed for hunting and found the established map to delineate these areas; and NOW, THEREFORE, BE IT RESOLVED by the City C ouncil of the City of Lake Elmo that the map entitled Approved Hunting Areas, updated on the 6th day of July 2016, which designates areas in which hunting with a shotgun and bow and arrow, is hereby adopted. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the established map at City Hall for public inspection and be placed on the City’s website to be made available for public viewing access. Dated: July 19, 2016 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ 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. Pe r m i t t e d - S h o t g u n a n d B o w Pe r m i t t e d - B o w O n l y Re s t r i c t e d - N o H u n t i n g A l l o w e d Pe r S e c t i o n 1 1 2 5 . 1 1 Mi n n e t r i s t a C i t y C o d e Hu n t i n g Z o n e s Da t e : 8 / 2 6 / 2 0 1 4 /05,000 Fe e t Minnetrista City Code Chapter 11 - Public Safety Page 62 of 67 Section 1125 – Weapons 1125.01. Definitions. Terms used in this section, unless expressly defined in this subsection, will have the meaning prescribed by Minnesota Statutes, chapter 609 for the same terms. The following terms will have the following meaning: Club means any group of persons having a regular membership and improved or permanent facilities for target or trap and skeet shooting. Concealed manner means having the object on the person in such a manner so that it is not completely visible to any other person. Having a knife in a sheath will be considered as having the knife concealed, irrespective of the position of the sheath on the person. Firearms mean any device from which is propelled any projectile or bullet by means of explosions or gas. Military type weapon means any firearm or other weapon such as bazookas, machine guns, mortars or grenades. Nunchucks mean any device constructed of two solid cylindrical objects joined together on one end by a chain, rope, thong or other such material. Person means any natural individual, firm, partnership, trust, estate, club, association or corporation. Public place means any building or establishment, place, or public street or highway, where the business, social or governmental activity ordinarily conducted is generally held open to the public; specifically including, but not limited to, such locations as governmental buildings, meeting halls, centers for art and culture, places of amusement, liquor or beer establishments, and restaurants. It must also include any private residence, which is the site of unlawful activity. Public place will not include: (a) A dwelling place or residence when a person is present with the permission of its lawful possessor, or one's own place of business; (b) Business premises at which the buying, selling, repair, or trade in weapons or firearms is regularly conducted; (c) Places at which an event or activity is conducted involving the exhibition, display, or carrying of a weapon, done in a manner not intended or calculated to result in or lead to the unlawful use of the weapon, including, but not limited to, educational or training programs, weapons or collectors' Minnetrista City Code Chapter 11 - Public Safety Page 63 of 67 shows or exhibitions, or religious, artistic, educational, or cultural events; or (d) Parades or other public events when the use or display of weapons is specifically authorized by the city for such events; (e) Places at which the weapon is used in a lawful manner for hunting, fishing, recreation, or agricultural purposes. Secured container means a closed and fastened case, box or securely tied package having no mechanical features designed for immediate weapons removal or use and containing no other nonrelated objects. A sheath or scabbard alone will not constitute a secured container. Unlawful use means, with respect to a weapon or a firearm, to brandish, assault with, threaten with, or otherwise employ in a manner calculated and likely to cause death, great bodily harm, or substantial bodily harm, or the reasonable and immediate fear thereof. Weapon means any firearm, whether loaded or unloaded, or device designed as a weapon and capable of producing death, great bodily harm, or substantial bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death, great bodily harm, or substantial bodily harm, or the reasonable and immediate fear thereof. Weapon includes but is not limited to any bow and arrow, bayonet, blackjack, chain club, Chinese stars, dagger, dirk, firearm, folding knife with a blade in excess of four inches, fixed blade knife carried in a concealed manner or within reach of any person in a motor vehicle, gravity knife, machete, nunchucks, pipe club, push-button knife, sand club, slingshot, stiletto, or switchblade. [Revised 5-18-15, Ordinance 429] 1125.03. Carrying weapons. Except as otherwise provided for herein or by state law, it is unlawful for any person within the limits of the city to carry on that person in a public place or transport in any vehicle in a public place any weapon, except that: (a) Any weapon may be transported by a person not in a vehicle directly to or from any place or activity referred to in subsection 1125.01 under the definition of public place or to or from person’s vehicle and the places, gatherings or activities set forth therein, in a secured container; or (b) Any weapon may be transported in a motor vehicle in a secured container or in the locked trunk of such vehicle. The provisions of this subsection will not be applicable to the transport of weapons Minnetrista City Code Chapter 11 - Public Safety Page 64 of 67 by persons who are regularly engaged in the lawful manufacture, distribution, or sale at retail or wholesale of weapons, or the agents of any of them while engaged in such business; to the carrying or transport of weapons by licensed police officers, law enforcement officers or military personnel while in the course of their duties; to any officer of a state adult correctional facility when on guard duty or otherwise engaged in an assigned duty; to an owner or agent while owner or agent is present at a business place operated by owner or agent, except a business which is the site of unlawful activity; or to persons holding a permit to carry a weapon while acting within the scope of such permit. [Revised 5-18-15, Ordinance 429] 1125.05. Target shooting. Annual permits authorizing the use of firearms may be granted for target shooting or trap and skeet shooting to clubs if the city determines that such use is not contrary to the public safety or welfare and if the use of the firearms would not constitute a hazard to persons or property or would not create a nuisance. The applicant must be responsible for meeting all conditions imposed by the city and provide a detailed application that demonstrates that issuance of a permit would not be contrary to the provisions in this section. [Revised 5-18-15, Ordinance 429] 1125.07. Training dogs. Annual permits authorizing the use of firearms may be granted to clubs or individuals for the training of dogs. Such permit will allow this activity on land described in the permit by other persons with the consent of the owner or lessee thereof. Applicants for the training of dogs from April 16th to July 14th must also comply with Minnesota Statutes, section 97B.005. A person carrying a firearm, while training dogs, may only have in possession and discharge blank cartridges and shells. [Revised 5-18-15, Ordinance 429] 1125.09. Hunting restricted. Subd. 1. Restrictions. No person may discharge any firearm or bow and arrow, or engage in hunting of any game birds or animal by any means within the city: (a) Except as otherwise provided in this section; (b) Unless discharged in lawful defense of person or property; or (c) Unless the person is a duly authorized law enforcement officer engaged in the performance of his or her official duty. Minnetrista City Code Chapter 11 - Public Safety Page 65 of 67 Subd. 2. Regulations. (a) Hunting with shotgun or with bow and arrow as authorized by the Minnesota department of natural resources, state laws pertaining to trespass and by landowner permission is allowed only in the areas established by the city council. No other firearms, including long guns, or hand guns, or other weapons, except bow and arrow, are permitted to be used for hunting within the city. (b) The city council shall, by resolution, establish by map or by other means the areas in which the discharge of shotguns and the use of bow and arrow are allowed for hunting, and the areas in which only the use of bow and arrow is allowed for hunting. No hunting shall be allowed in other areas of the city. Subd. 3. Property. Property owners in areas in which no hunting is allowed may apply for a waiver to hunt by bow and arrow. Property owners in the areas in which only bow and arrow may be used may apply for a waiver to use shotguns to hunt. City staff may administratively grant or deny a waiver on the basis of the following criteria: (a) The property must be a minimum of 10 acres in size and able to accommodate hunting safely; (b) Hunting may only be conducted from a fixed location identified by the property owner and which must be 500 feet or more from any residence located on another property; (c) Hunting locations for deer or turkeys and any discharge of a shotgun slug must be from an elevated platform and shots must be downward in direction; (d) The property owner must provide prior written notice to the owners of all abutting properties regarding the owner’s intent to apply for a waiver; and (e) The city’s public safety department shall conduct a site visit and investigation to verify the application, identify any additional safety concerns and take input from the owners of adjacent properties. The proximity of structures other than residences within 500 feet of the proposed shooting area and other relevant factors may be considered as additional safety concerns. Application for a waiver must be received at least 30 days prior to the applicable hunting season. Any waiver granted shall only be valid through the end of that hunting season. The city may impose such limitations or restrictions as it deems necessary to ensure the public safety and welfare. Subd. 4. Bow and Arrow Target Practice Waiver Minnetrista City Code Chapter 11 - Public Safety Page 66 of 67 Property owners may apply for a waiver to allow target practice with a bow and arrow and city staff may administratively grant or deny a waiver on the basis of the following criteria: (a) The property must be a minimum of 2 acres and able to accommodate target practice safely. (b) Target practice may only be conducted from a fixed location identified by the property owner at a single target. (c) Target practice must be from an elevated platform and arrows must be discharged in a downward direction. (d) The city’s public safety department shall conduct a site visit and investigation to verify the application and identify any additional safety concerns. The proximity of structures and other relevant factors may be considered as additional safety concerns, Subd. 5. Appeals. Applications made under subds. 3 or 4 above and denied by staff may be appealed to the city council. The city council shall conduct such hearing as it deems appropriate to review the application, the staff findings, the reasons for denial, input by the applicant, and input by the owners of adjacent properties and shall uphold, reverse or modify the staff’s decision regarding the waiver. Subd. 6. Hunting to Manage Wildlife Notwithstanding anything herein to the contrary, the city’s public safety department shall be entitled to issue permits to hunt in any area of the city to manage wildlife populations upon evidence that all required state permits have been secured and a determination that such hunting will not pose an undue risk to public health and safety. [Revised 5-18-15, Ordinance 429] 1125.11. Exemption. Nothing in this section will be construed to restrict firing of any gun, pistol or other species of firearms when done in the lawful defense of persons or property or the necessary enforcement of the law. [Revised 5-18-15, Ordinance 429] 1125.13. Possession of knives in schools. It is unlawful for any person to be in possession of, carry, transport, or control any STAFF REPORT DATE: July 19, 2016 REGULAR ITEM #: 21 MOTION TO: Mayor and City Council FROM: Kristina Handt, City Administrator REVIEWED BY: Rob Weldon, Public Works Director Cathy Bendel, Finance Director AGENDA ITEM: Rain Garden Maintenance BACKGROUND: Since the City began a Rain Garden Program in 2008, there have been a total of 34 rain gardens to be maintained privately and 6 rain gardens to be maintained by the City as follows: • Tablyn Park. • Demontreville Park. • Demontreville Trail DNR Boat Launch area. • Jane Rd. • Legion Avenue. • Reid Park (30th Street). The 6 city maintained rain gardens are shown in red on the attached map ISSUE BEFORE COUNCIL: Should the seasonal parks workers be retained to maintain the city owned rain gardens? PROPOSAL DETAILS/ANALYSIS: The water work group of the Environmental Committee discussed rain gardens at their July 8, 2016 meeting. The work group discussed the concern of a resident expressed at recent Council meetings regarding the upkeep of the rain gardens. The discussion included the possibility of organizing a group of volunteers to weed the gardens, hiring the work out or expanding the use of the City’s seasonal parks staff to complete this work. The work group reported back to the committee that they would recommend the Council have the task completed by seasonal employees. Furthermore, a member of the work group, Wendy Griffin, volunteered to provide a brief training to staff on what to pull from the gardens. FISCAL IMPACT: Our seasonal employees make $10-11/hour. It is estimated to take about a week to make it through all of the city rain gardens. This would be an additional cost of $473.66. The budget for PT employees in Parks was $32,500 for 2016. Staff is projecting the actual to be $46,135.50 given the fact that the City was successful in filling the rink attendant position in 2016 as well as successfully recruiting and hiring summer help earlier in 2016 which did not occur in previous years. OPTIONS: 1) Approve keeping seasonal parks staff on to complete rain garden maintenance 2) Approve hiring out maintenance of rain gardens 3) Approve establishing a volunteer group to maintain rain gardens 4) Do not take any action with regarding to maintaining rain gardens. RECOMMENDATION: Environmental Committee recommendation: Motion to approve keeping seasonal parks staff on to complete rain garden maintenance. 483044v1 SJS LA515-1 Kennedy Sarah J. Sonsalla 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9284 telephone (612) 337-9310 fax ssonsalla@kennedy-graven.com http://www.kennedy-graven.com C H A R T E R E D MEMORANDUM TO: Kristina Handt, City Administrator FROM: Sarah J. Sonsalla, City Attorney DATE: July 15, 2016 RE: Censure of Council Member Bloyer At the meeting on July 5, 2016, the City Council adopted Resolution No. 2016-60, which censured Council Member Bloyer. The Resolution imposed restrictions on Council Member Bloyer, including that he may not interact with any member of City staff without another council member present, he must direct all questions during City Council meetings to the chair and that he be required to participate in training on handling of confidential information. I was unaware of and therefore did not have the opportunity to review the resolution prior to it being adopted by the Council. Council Member Bloyer has asked whether the City can legally impose these restrictions on him. I have consulted with the League of Minnesota Cities and independently researched the issue and the answer to this question is that the City should not impose these restrictions on Council Member Bloyer because they go beyond the scope of a censure and cannot be enforced. The dictionary definition of a censure is “limited to expressing severe disapproval of (someone or something), typically in a formal statement, but not to discipline or punish.” In this case, the resolution censuring Council Member Bloyer not only expresses the Council’s disapproval of his behavior but also imposes restrictions that are in the form of a penalty or deprivation for his behavior. That goes further than the Council expressing its disapproval of Council Member Bloyer’s behavior. The restrictions that are being imposed on Council Member Bloyer limit his rights to hold and enjoy his office as a city council member. The rule is well established that an elected official is entitled to hold that office without any restrictions. State v. Magie, 183 Minn. 60, 63- 64 (Minn. 1931). Furthermore, under the First Amendment, a council member’s speech (which is considered highly protected political speech) also may not be restricted. Goward v. City of Minneapolis, 456 N.W.2d 460, 464 (Minn. Ct. App. 1990). 483044v1 SJS LA515-1 2 Based on the above, if Council Member Bloyer violates the restrictions that have been imposed on him, the City will not have a legal basis to be able to enforce them. Because there is no legal basis for the City to be able to enforce the restrictions against Council Member Bloyer, it is my recommendation that they be removed. Please contact me if you have any questions regarding this information.