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.
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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.
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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.