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HomeMy WebLinkAbout08-16-16 CCMPL\FE ELMO Om- LissioE is lo Propide ,011c7 ,cervicei m a F:'&•a/ly Re.rpopsil/c lanner eserriltithc City's One,: Sp,Av Ciraracler NOTICE OF MEETING City Council Meeting Tuesday, August 16, 2016 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda F. Call to Order/Pledge of Allegiance G. Approval of Agenda H. Approval of Minutes 1. August 2, 2016 1. Public Comments/Inquiries J. Presentations 2. Promotion of Two Probationary Firefighters K. Consent Agenda 3. Approve Payment of Disbursements 4. Accept July 2016 Financial Statements 5. Accept July 2016 Assessor's Report 6. Accept July 2016 Building Department Report 7. Accept July Fire ChieFs Report 8. Accept July Public Works Department Report 9. Approve Special Assessment Abatement Requested by Washington County -Resolution 2016-66 to. Approve 2016 Seal Coat Project — Pay Request No. 1 (FINAL). pt. Approve 2016 Street, Drainage. and Utility Improvements — Pay Request No. 3. V. Approve Inwood Trunk Watermain Improvements — Pay Request No. 4. Approve Inwood Booster Station — Pay Request No. 3. Approve Inwood Booster Station — Change Order No. 1. 15. Approve Inwood Water Tower (No. 4) — Pay Request No. 3. L. Regular Agenda 16. Dan Greensweig, LMCIT Assistant Administrator 17. CSAH I 3 (Ideal Avenue/Olson Lake Trail) — Approve Feasibility Report- Resolution 2016-67 18. OP4 Boulder Ponds LLC Zoning Map Amendment/PUD Amendinent- Resolution 08-149 19. Title XV. Chapter 154 of the Lake Elmo City Code Related to Temporary Health Care Dwellings — Ordinance 08-151 20. Pigeon Ordinance- Ordinance 08-148 Resolution 2016-68 21. Fence Ordinance Revisions 22. Village Preserve 2" Addition Developer Agreement- Resolution 2016-.70 23. Hammes Estates Development Agreement —.Resolution 2016-71 24. RFP for Job Classification and Compensation Study 25. An Ordinance Amending The Lake Elmo City Code of Ordinance by Amending h City's Provisions Related to the City Council and Summary Publication — Ordinance No. 08-150; Resolution 2016-69 26. No -Wake High Water Elevation Level for Lake Demontreville and Olson Lake 4 t N. Staff Repor s and Announcements O. Adjourn oo:mrw y AKH- E| NI(\ City of Lake Elmo Pubiic comment sheet if you wish to address the City Council, a Commission, or Committee, please fill out the form and give itto the City Clerk orCity Administrator, The Mayor / Chair will call upon you when itistime for you tospeak during the time designated forpub!ic comments oneach agenda item. if your topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business of the governing body can beconducted with full attention tothe matter a,hand; (Z) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given tospeak onanagenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak, The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings o(the Council. (S) When agroup o!persons wishes to address the Council onthe same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting, Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation cfappropriate action. Name (please phnU: ' Address: bem#/Topic: nxkCITY 'o �� ��� ,^^^� ' �,~ � Lake Elmo City Council Meeting If you wish to address the [by Council, please fill out the form and give it to the City Clerk or City Administrator. The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item, |fyour topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** <g Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the [nundL Commission, or Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, o,slanderous. Any person acting in an unruly manner may beasked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate orengage in conversation or other behavior which may disrupt the proceedings ofthe Council. (S) When a group ofpersons wishes to address the Council onthe same subject matter, they may choose a spokesperson ,oaddress the governing body, No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on M|o and referred to the appropriate staff for consideration and recommendation ufappropriate action. Name (please phnt): Address: 1/��� . / / ' L |�m#�op� �� / /p |�r r7�/r Lake Elmo City Council Meeting If you wish to address the City Council, please 8U out the hznn and give it to the City Clerk or City Administrator. The Mayor/ Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. Ifyour topic is not a numbered item on the agenda' it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting bappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (2) The governing body will provide (2) opportunities for public comment during the meeting, First, an opportunity will be given at the onset of the meeting for general comment; Second' opportunity will be given tospeak nnanagenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to bediscussed. You will be given (G) minutes to speak. The xxaynr/Chai, may interrupt o,terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, o,slanderous. Any person acting in an unruly manner may beasked to leave the meeting. pq No person shall display signs orplacards, applaud participants in debate orengage in conversation or other behavior which may disrupt the proceedings ufthe Council. (S) When a group ufpersons wishes to address the Council on the same subject matter, they may choose a spokesperson to address the governing body. No action wil I be taken in response to a petition delivered at a Council meeting. Petitions will he placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please phnt): Address: ce�-AU-1 | � �� � / �� ��) , / ~ - - �.'x�^~' .�' ' ^~ � / �( � �� J� |ie pic l/ (v\��\~(_ U/v~�-o 'rV-�— 0_�� nIt' u//.p LAKEEl1�) City of Lake Elmo Public comment sheet If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to the City Clerk orCity Administrator. The Mayor / Chair will call upon you when kistime for you tospeak during the time designated for public comments on each agenda item. |fyour topic is not a numbered item on the agenda, it will be heard during the Public [onnrnen1s and Inquiries portion ofthe meeting. *** Decorum Policies *** (1) Conduct oneself with respect and civility towards others and otherwise abide byCouncil, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business of the governing body can beconducted with full attention tothe matter athand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution zothe Mayor/ [hair. Upon being recognized' you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings of the Council. (S) When agroup ofpersons wishes toaddress the Council onthe same subject matter, they may choose a spokesperson toaddress the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on 0|e and referred to the appropriate staff for consideration and recommendation nfappropriate action. Name (please prind: Addeo: \ -` MA r��V�7P / L / noon''+ N KF E, Ly City of Lake Elmo Public comment sheet If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to the City Clerk or City Administrator. The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. Ifyour topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. ***K������K�Policies *** .. (l) Conduct oneself with respect and civility towards others and otherwise abide byCouncil, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business of the governing body can beconducted with full attention tothe matter athand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given tospeak unanagenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution *othe Mayor /Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair may interrupt o, terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings ofthe Council. (S) When agroup ofpersons wishes toaddress the Council onthe same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please prind: / Address: bem#/Topiu nx.u/rm' ���z CC�/) �~^`"~� '�^`^`/ City of Lake Elmo Public comment sheet If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to the [h» Clerk nrCity Administrator. The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business of the governing body can beconducted with full attention tothe matter athand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second' opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing tospeak must sign inand provide their request tothe Council, Commission, orCommittee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair may interrupt orterminate a citizen's statement when it is too lengthy, personal, insulting, abusive obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversationorother behavior which may disrupt the proceedings ofthe Council. (B When agroup ofpersons wishes ^uaddress the Council onthe same subject mattar, they may choose a spokesperson toaddress the governing body. No action will be taken in response to a petition delivered at a [nund| meeting. Petitions will be placed on @e and referred to the appropriate staff for consideration and recommendation ofappropriate action, i Name (please phnt): i,. Address: o City of Lake Elmo Public comment sheet If you wish to address the City Council, a Commission, or Committee, please fill out the form and give it to the City Clerk or City Administrator. The Mayor / Chair will call upon you when hbtime for you tospeak during the time designated forpub|ic comments oneach agenda item, |fyour topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion nf the meeting, (l) *** Decorum Policies *** Conduct oneself with respect and civility towards others and otherwise abide byCouncil, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not be allowed. Being quiet during the meeting is appreciated so that the business ofthe governing body can beconducted with full attention tuthe matter athand; (2) The governing body will provide (Z) opportunities for public comment during the meeting, First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given tospeak nnanagenda item at the time the governing body addresses the item; (3) Citizens wishing *ospeak must sign inand provide their request tothe Council, Commission, orCommittee Clerk for distribution to the Mayor /Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic tobediscussed, You will begiven (6)minutes tnspeak. The Mayor/Chair may interrupt o,terminate o citizen's statement when it is too lengthy, personal, insulting, abusive obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting, (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings ofthe Council. (5) When a group of persons wishes to address the Council on the same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please phnU: ~\ Address- |tem#/Tupic: ^ ``. ^ , � ` m/`( :1/)'o' l��[���|�� ��`^~~ �~^�=^ Lake Elmo City Council Meeting If you wish to address the City Council, please fill out the honn and give it to the City Clerk or City Administrator, The K4ayor/ [hair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. Ifyour topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated suthat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (2) opportunities for public comment during the meeting, First, an opportunity will be given at the onset ofthe meeting for general comment; Second' opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed, You will be given (6) minutes to speak. The Mayor/Chair may interrupt n,terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, orslanderous. Any person acting in an unruly manner may beasked to leave the meeting. pA No person shall display signs or placards, applaud participants in debate urengage in conversation or other behavior which may disrupt the proceedings ofthe Council. (S) When a group of persons wishes to address the Council on the same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a [ovnd| meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation nfappropriate action. Name (please phnt): Address: � � � m,'/n'^` \����|X|[} ��^^.^' �~.—^`^`' Lake Elmo City Council Meeting if you wish to address the City Council, please fill out the form and give ittothe City [ks,k or City Administrator. The kXayor/ [hair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion of the meeting. *** Decorum Policies *** (1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; Q> Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the w1ayor/ Chair. Upon being recmgnized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (8) minutes to speak. The Mayor/Chair may interrupt or terminate citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, orslanderous. Any person acting in an unruly manner may hoasked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings o[the Council, (5) When agroup ofpersons wishes toaddress the Council nnthe same subject matter, they may choose a spokesperson to address the governing body, No action will be taken in response to a petition delivered at a Council meeting, Petitions will be placed on file and referred ,o the appropriate staff for consideration and recommendation of appropriate action. Name (please phnt): Address: - Item#/Topic: Lake Elmo City Council Meeting If you wish to address the City Council, please 0U out the form and give it to the [bV Clerk or City Administrator. The K4ayor/ Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered item on the agenda' it will be heard during the Public Comments and Inquiries portion of the meeting. *** Decorum Policies *** (1) Conduct oneself with respect and civility towards others and otherwise abide by [ovnd|' Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed, Being quiet during the meeting isappreciated suthat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (Z) opportunities for public comment during the meeting. Rot an opportunity will be given at the onset ofthe meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to 5peak must sign in and provide their request to the [nund|' Commission, or Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes tospeak. The W1ayor/Chai, may interrupt orterminate a citizen's statement when it is too |engthy, personal, insulting, abusive, obscene, nrslanderous. Any person acting inan unruly manner may beasked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation o/ other behavior which may disrupt the proceedings ofthe Council. (5) When a group of persons wishes to address the Council on the same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on 0e and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please phnt): /�� j/7 hem#/Topic ' nu.n',.^' ����| BA ^^^~ �~`-`.^`/ Lake Elmo City Council Meeting If you wish to address the City Council, please 0| out the form and give it to the City Clerk o/ City Administrator. The Mayor/ [hair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion ufthe meeting. *** Decorum Policies *** (1) Conduct oneself with respect and civility towards others and otherwise abide by [nund|' Commissions, and Committee policy. Please eho|n from conversations with others during the meeting, and shouting from the audience will not beallowed, Being quiet during the meeting isappreciated uothat the business ofthe governing body can beconducted with full attention tothe matter athand; (Z) The governing body will provide (2) opportunities for public uornmcn, during the meeting, First, an opportunity will he given at the onset of the meeting for general comment; Second, opportunity will be given tospeak onanagenda item atthe time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the |eocem and state your name, address and topic to bediscussed. You will be given (6) minutes to speak. The Mayor/Chair may interrupt orterminate acitizen's statement when bbtoo lengthy, personal, insulting, abusive, obscene, u,slanderous. Any person acting in on unruly manner may beasked to leave the meeting, pH No person shall display signs or placards, applaud participants in debate or engage in conversation o/ other behavior which may disrupt the proceedings ufthe Council. (S) When a group of persons wishes tuaddress the Council on the same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on 0e and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please phr¢): Address: |tem#/Topic � i ^ ' , " � m/..:1r/.v ^^- �~^~^,^`' Lake Elmo City Council Meeting If you wish to address the City Council, please fill out the form and give it to the City Clerk orCity Administrator. The Mayor/ Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item, |fyour topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion ufthe meeting, ***Decor0m Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated o»that the business ofthe governing body can beconducted with full attention tothe matter athand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the [owndL Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and -state your name, address and topic tn bediscussed. You will be given (@ minutes tospeak. The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive' obscene, n,slanderous. Any person acting in an unruly manner may be asked to leave the meeting, (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings ofthe Council, (5) When a group of persons wishes to address the {uund| an the same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please phnt). Address: r) � |tem#/Topic n/i�ln,/'^' l\��|�|DA ��~^~^~ ��`-^,^`, Lake Elmo City Council Meeting If you vvbb to address the City Council, please fill out the 6onn and give ittothe City Clerk or City Administrator. The Mayor / Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered hem on the agenda it will be heard during the Public Comments and Inquiries portion of the meeting. ***Decorum Policies *** (1) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy, Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset ofthe meeting for general comment; Second' opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed, You will be given (6) minutes tospeak. The Mayor/Chair may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, o,slanderous. Any person acting inan unruly manner may beasked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings ofthe Council. (S) When agrovp cfpersons wishes to address the Council on the same subject matter, they may choose spokesperson toaddress the governing body. No action wiU betaken in response toa petition delivered at a Council meeting. Petitions will be placed unfile and referred to the appropriate staff for consideration and recommendation nfappropriate action. Name (please phnt): Address: 7/ �)h Lake Elmo City Council Meeting If you wish to address the City Council, please 0U out the honn and give it to the City Clerk or City Administrator. The Mayor / [hair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. ***Decorum Policies *** (I) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated sothat the business ofthe governing body can heconducted with full attention tothe matter athand; (2) The governing body will provide (Z) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second' opportunity will he given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed, You will be given (6) minutes tuspeak. The xnayo,/Chai, may interrupt nrterminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, o,slanderous. Any person acting in an unruly manner may heasked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate orengage in conversation or other behavior which may disrupt the proceedings o/the Council, (S) When agmup nfpersons wishes u» address the Council on the same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed nnfile and referred tothe appropriate staff for consideration and recommendation ofappropriate action, Name (please phrt): Address: |tem#/Top�: —�� �� ' ��� ��� �?. \ `�� ' � m'.''/)'It, Lake Elmo City Council Meeting If you wish to address the City Council, please 0U out the form and give it to the City Clerk or City Administrator. The K4ayor/ Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (I) Conduct oneself with respect and civility towards others and otherwise abide by Council, [onnnnbdons, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed, Being quiet during the meeting isappreciated suthat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (Z) opportunities for public comment during the meeting. Rot, an opportunity will he given at the onset of the meeting for general comment; Second' opportunity will be given tnspeak nnvnagenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution tothe K4aynr/[hair Upon being recognized, you should proceed to the lectern and state your name, address and topic to hediscussed. You will be given (6) minutes tospeak. The Mayor/Chair may interrupt o,terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, nrslanderous. Any person acting in an unruly manner may be asked to leave the meeting. (q No person shall display signs or placards, applaud participants in debate orengage 'in conversation or other behavior which may disrupt the proceedings ofthe Council. (6) When a group ofpersons wishes tn address the [ovnd| on the same subject matter, they may choose spokesperson tnaddress the governing body. No action will betaken in response toa petition delivered at a [nund| meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation nfappropriate action. Name (please phnd: -t) |tem#/Topic Lake Elmo City Council Meeting If you wish to address the City Council, please #U out the form and give ktothe City Clerk or City Administrator. The yWayo// Chair will call upon you when it is time for you to speak during the time designated for public comments uneach agenda item. |fyour topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion of the meeting. ***Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by [nuod|' Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given onspeak onanagenda item atthe time the governing body addresses theitem; (3) Citizens wishing no speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic cn he discussed. You will be given (6) minutes tospeak. The Mayor/Chair may interrupt or terminate a citizen's statement when i, is too lengthy, personal, insulting, abusive, obscene, a,slanderous. Any person acting i"an unruly manner may beasked tu leave the meeting. (4) No person shall display signs orplacards, applaud participants in debate orengage hn conversation o, other behavior which may disrupt the proceedings nfthe Council, (5) When group ofpersons wishes toaddress the Council onthe same subject matter, they may choose a spokesperson toaddress the governing body. Noaction will be taken in response to petition delivered at a Council meeting. Petitions will be placed on 0e and referred tothe appropriate staff for consideration and recommendation ofappropriate action. Name (please phn8� � - /" : : ` �.' Address: / / / nx-�nnIll. ���C��NM ~`~ �~`~^,^`/ Lake Elmo City Council Meeting If you wish to address the City Council, please fill out the form and give it to the City Clerk or City Administrator. The k4ayor/ Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. If your topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion uf the meeting. ***Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting bappreciated sothat the business ofthe governing body can beconducted with full attention tothe matter athand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, or Committee Clerk for distribution to the Mayor /Chair, Upon being recognized, you should proceed to the lectern and state your name, address and topic tu be discussed, You will be given (§) minutes to speak. The rNayu,/Chai,,nuy interrupt n,terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, orslanderous. Any person acting in an unruly manner may beasked to leave the meeting. (4) No person shall display signs orplacards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings ofthe Council, (5) When a group ofpersons wishes toaddress the Council on the same subject matter, they may choose a spokesperson uoaddress the governing body. No action will be taken in response to a petition delivered at o Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. � Name (please phnt): ���� T ^ A� Address: l �O Y—y-�� / x / hJ 0J�^ �� ��m�m |tem#/Tupic ���/ / /"�- v.~�-�` \^�q'\ v`"«^"' m/.,z','x' | D0 Lake Elmo City Council Meeting if you wish to address the City Council, please fill out the honn and give it to the City Clerk orCity Administrator. The Mayor/ [hair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not baallowed. Being quiet during the meeting bappreciated »othat the business of the governing body can be conducted with full attention to the matter at hand; (2) The governing body will provide (l) opportunities for public comment during the meeting, First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (]) Citizens wishing to speak must sign in and provide their request to the Council, Commission, o, Committee Clerk for distribution to the Mayor/ Chair. Upon being recognized' you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair may interrupt orterminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, o,slanderous. Any person acting in an unruly manner may heasked uy leave the meeting. (Q No person shall display signs or placards, applaud participants in debate nrengage in conversation or other behavior which may disrupt the proceedings ofthe Council. (5) When a group of persons wishes to address the Council on the same subject matter, they may choose a spokesperson to address the governing body. No action wil I be taken in response to a petition delivered at a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please print): IhYllt �J Address: ~T ' | � r/ \ x »~ ` / Uem#/Topic �L` ./^�0-v���^ U�/� �J� - '' / City of Lake Elmo Public comment sheet |fyou wish toaddress the City Council, a Commission, or Committee, please fill out the form and give it to the City Clerk orCity Administrator. The Mayor / Chair will call upon you when it istime for you tospeak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered hem on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. (l) *** Decorum Policies *** Conduct oneself with respect and civility towards others and otherwise abide byCouncil, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not be allowed, Being quiet during the meeting is appreciated so that the business of the governing body can beconducted with full attention tothe matter athand; (2) The governing body will provide (Z) opportunities for public comment during the meeting. First' an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given tospeak onanagenda item at the time the governing body addresses the item; (3) Citizens wishing tospeak must sign inand provide their request tothe Council, Commission, urCommittee Clerk for distribution Lothe Mayor / Chair. Upon being recognized, you should proceed tothe lectern and state your name, address and topic tobediscussed. You will begiven (6)minutes tospeak. The Mayor/Chair may interrupt or terminate a citizen's statement when it is ton lengthy, personal, insulting, abusive obscene, or slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4) No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings ofthe Council. (S) When agroup ofpersons wishes toaddress the Council unthe same subject matter, they may choose a spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting, Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. / Name (please print): /_ /k{. Address: |ten1#/Top|c: Z ^ � �'�xc/-if C,� � �[' ��! " ^^^�' °~^ Lake Elmo ����C�o��������ti� � , g if you wish to address the City Council, please 0U out the form and give ittothe City Clerk or City Administrator. The K4ayor/ Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. If your topic is not a numbered hem on the agenda, 'it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by [ovndL Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting |sappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (2) opportunities for public comment during ,he meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second, opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the [nund|' Commission, or Committee Clerk for distribution to the Mayor / Chair, Upon being recognized, you should proceed to the lectern and state your name' address and topic to be discussed. You will be given (6) minutes to speak. The Mayor/Chair may interrupt orterminate acitizen's statement when iti*too lengthy, personal, insulting, abusive, obscene, orslanderous. Any person acting in an unruly manner may beasked to leave the meeting. (4) No person d`aU display signs orplacards, applaud participants in debate orengage 'in conversation or other behavior which may disrupt the proceedings ofthe Council, (5) When agroup of persons wishes »oaddress the [nund| on the same subject matter, they may choose a spokesperson to address the governing body, No action wil I be taken in response to a petition delivered at a Council meeting. Petitions will he placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action. Name (please phnt): Address: hem#/Top|c / ox.on'x� Lake Elmo City Council Meeting if you wish to address the City Council, please fill out the form and give it to the City Clerk or City Administrator. The K8ayor/ [hair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion ofthe meeting. *** Decorum Policies *** (l) Conduct oneself with respect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting is appreciated *othat the business ofthe governing body can bpconducted with full attention tnthe matter athand; (2) The governing body will provide (2) opportunities for public comment during the meeting. First, an opportunity will be given at the onset of the meeting for general comment; Second' opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3} Citizens wishing to speak must sign in and provide their request to the [nund|. Commission, or Committee Clerk for distribution to the K4ayur/ Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will be given (b) minutes tuspeak. The YNuyor/Chai, may interrupt or terminate a citizen's statement when it is too lengthy, personal, insulting, abusive, obscene, n,slanderous. Any person acting in an unruly manner may beasked to leave the meeting. (A No person shall display signs or placards, applaud participants in debate or engage in conversation or other behavior which may disrupt the proceedings ofthe Council, (5) When o group ufpersons wishes to address the [uund| on the same subject matter, they may choose spokesperson to address the governing body. No action will be taken in response to a petition delivered at e [nund| meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation nfappropriate action. Name (please phnt): Address: hem#/Topic: CITY OF LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2016 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmemhers Julie Fliflet. Anne Smith. Justin Bloyer. and Jill Lundgren. Staff present: Administrator Handt. City Attorney Sonsalla. Public Works Director Weldon and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Fliflet, seconded hy Councilmember Smith, moved TO REMOVE ITEM 4, "APPROVE SERVICE CONTRACT WITH YOUTH SERVICES BUREAU FOR 2017" TO A FUTURE MEETING. Motion passed 5 — O. Item 9, "Downtown Phase 2 Street, Drainage and Utility Improvements — Approve Chay.ge----, Order No. 2 — Replacement of the 57- Storm Sewer Arch Pipe- was removed frorryth-CAenda by Councilmember Fliflet. CCX601, Agenda approved us amended hy unanimous consensus. ACCEPT MINUTES Minutes of the July 19. 2016 Regular Meeting were accepted by unanimous consensus with a correction in the date in the header. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, spoke about a grassroots movement in the city working on civility, reminded fellow residents to vote and stated public transit in the city would he useful.. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Approve Hunting Ordinance 5. CSAH 15 & 10th Street Intersection — Approve Cooperative Agreement Payment No. 2 6. Boulder Ponds Addition — Approve Reduction of Security #2 7. Village Preserve 1" Addition — Approve Reduction of Security #2 8. Easton Village 15` Addition — Approve Reduction of Security #1 10. Approve Purchase and Installation of 1 New Warning Siren and Monitoring Upgrades to Original 6 Sirens 11. Approve Temporary On -Sale Liquor License for MN Glamourama-Red Hat Club LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2016 Councilmember Lundgren, seconded by Councilmemberflet, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. ITEM 12: Censure of Council Member Blover Councilmember Fliflet proposed a revised Resolution censuring Councilmember Bloyer, stating that the restrictions in the current Resolution are not legally enforceable and are not being followed. Councihnember Fliflet, seconded by Councilmember Smith, moved TO RESCIND THE PREVIOUS MOTION AND RESOLUTION CENSURING COUNCILMEMBER BLOYER AND REPLACE IT WITH THE CURRENT RESOLUTION. Councilmember Fliflet, seconded by Councilmember Smith, moved TO AMEND THE PRIMARY MOTION TO REMOVE #4 IN THE TOP SECTION OF THE RESOLUTION. Motion passed 5 — O. Councilmember Lundgren, seconded by Councilmemher Smith, moved TO AMEND THE PRIMARY MOTION TO REMOVE SECTION 2B UNDER THE "NOW THEREFORE" CLAUSE. Motion failed 2 — 2- 1. (Fliflet, Smith — nay; Bloyer — abstain) Mayor Pearson summarized an email received by resident Nadine Obermueller supporting th removal of the censure of Councilmember Bloyer. Councilmember Fliflet read the proposed Resolution. City Attorney Sonsalla recommended the addition of language stating at the Resolution supersedes the previous censure. Primary motion passed 3 — 1- 1. (Pearson — nay; Bloyer — abstain) ITEM 13: Special Event Permit. Lake Elmo Jaycees, Huff N' Puff Days, August 11-14, 2016 City Administrator Handl reviewed the request for the closing of Laverne Avenue North for Huff N" Puff Days and the staff recommendation for additional Sheriffs Department Deputies to he on hand during. the event. Councilmemher Lundgren moved THAT THE CITY CONTRIBUTE 100% OF THE COST FOR DEPUTIES WITH HOURS ADJUSTED. Motion failed; no second. Councilmember Fliflet moved THAT THE CITY COVER THE COST OF DEPUTIES DURING HUFF N' PUFF DAYS WITH WASHINGTON COUNTY SHERIFF'S DEPARTMENT DETERMINING THE HOURS. Motion failed; no second. Councilmember Smith moved TO REDUCE THE REQUIREMENT FOR DEPUTIES TO 8:30 PM TO 12:30 PM FRIDAY .4ND SATURDAY .4ND THE CITY NOT COVERING THE COST. Motion failed; no second. Page 2 of 4 LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2016 Councilmember Blover, seconded by Mayor Pearson, moved TO APPROVE THE SPECIAL EVENT PERMIT FOR HUFF N' PUFF DAYS WITH THE CONDITIONS OUTLINED IN THE STAFF REPORT. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO AMEND THE PRIMARY MOTION TO ADD THAT THE CITY WILL PAY FOR THE COST OF SHERIFF DEPUTIES FOR HUFF N' PUFF DA YS. Motion passed 3 — 2. (Pearson, Bloyer — nay). Primary motion passed as amended 3 — 2. (Pearson, Bloyer — nay) ITEM 9: Downtown Phase 2 Street, Drainage and Utility Improvements — Approve Change Order No. 2 — Replacement of the 57" Storm Sewer Arch Pi Councilmember Fliflet stated that the Library Board was not aware of this project and has plans for work to be done in this area. Councilmember Fliflet added that the Library Board would be interested in coordinating with the City project to look for cost savings. Councilmember Fliflet, seconded by Councilmember St:111h, moved TO APPROVE THE CHANGE ORDER _AND ADD CONDITIONS THAT THE LIBRARY BOARD BE NOTIFIED AND STAFF WORK WITH THE LIBRARY DIRECTOR AND CONTRACTOR TO ATTEMPT TO COORDINATE PROJECTS FOR COST SAVING OPPORTUNITIES. Motion passed 5 — O. COUNCIL REPORTS Mayor Pearson: Asked residents watching the meeting to support downtown businesses and reported on attending a meeting with Met Council and legislators. Councilmember Fliflet: Attended picnic at the Gun Club. individual meetings with residents and attended other meetings. Councilmember Smith: Attended Oakdale Gun Club dinner and encouraged the public to visit the facility. Councilmember Lundgren: Asked the public to support the Lake Elmo 'Farmers Market on Saturday mornings. 8:00 — 11 :30 a.m. Councilmember 'Bloyer: No report. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Thanked the public for their support and donations for the military family coordinated by Beyond the Yellow Ribbon. Attended the Lake Elmo swim pond ribbon cutting. working on the Sunfish Lake Park nature center. attended Washington County Administrators meeting and noted that the City will need to update its septic ordinance, met with Local 49ers representatives. Page 3 of 4 LAKE ELMO CITY COUNCIL MINUTES AUGUST 2, 2016 nd City Clerk Johnson: Reported that the Primary Election will be held on August 2 and all preparations have been made. City Attorney Sonsalla: Reported on information received from Dan GreensweiL! that LMCIT Board will discuss the City's insurance at the September board meeting. Meetin9, adjourned at 8:55 pm. ATTEST: .lulie Johnson, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson. Mayor Pa2,e 4 of 4 nx�un'W �[�C|\]M `^^~ �~^~^`^`' Lake Elmo City Council Meeting if you wish to address the City Council, please MU out the form and give it to the City Clerk or City Administrator. The W1ayor/ Chair will call upon you when it is time for you to speak during the time designated for public comments oneach agenda item. |fyour topic is not a numbered item on the agenda, it will be heard during the Public Comments and Inquiries portion of the meeting. *** Decorum Policies *** (1) Conduct oneself with aspect and civility towards others and otherwise abide by Council, Commissions, and Committee policy. Please refrain from conversations with others during the meeting, and shouting from the audience will not beallowed. Being quiet during the meeting isappreciated sothat the business of the governing body can be conducted with full attention to the matter at hand; (Z) The governing body will provide (2) opportunities for public comment during the meeting, First' an opportunity will be given at the onset of the meeting for general comment; Second' opportunity will be given to speak on an agenda item at the time the governing body addresses the item; (3) Citizens wishing to speak must sign in and provide their request to the Council, Commission, o, Committee Clerk for distribution to the Mayor / Chair. Upon being recognized, you should proceed to the lectern and state your name, address and topic to be discussed. You will he given (6) minutes to speak. The Mayor/Chair may interrupt nrterminate a citizen's statement when it is too |en8thy, personal, insulting, abusive, obscene, u,slanderous. Any person acting in an unruly manner may be asked to leave the meeting. (4) No person shall display signs orplacards, applaud participants in debate orengage in conversation or other behavior which may disrupt the proceedings ofthe Council. (S) When a group of persons wishes to address the Council on the same subject matter, they may choose spokesperson to address the governing body. No action will be taken in response to a petition delivered at a Council meeting. Petitions will be placed on file and referred to the appropriate staff for consideration and recommendation ofappropriate action, Name (please phnt): Address: �-7^ K� ^ TI-IL (Try or LAKE E L MO COU C C• ICATI DATE: August 16, 2016 CONSENT ITEM — PRESENTATIONS MOTION - YES AGENDA ITEM: Promotion of 2 Probationary Members Jeremy Penman and Brandan Peltier to Firefighter status SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: City Administrator, Kristina Handt REVIEWED BY: City Administrator, Kristina Handt SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... ..... ...................................... Fire Chief R.eport/Presentation .......... ....... i re Chic Questions from Council to Staff.. ..... ...................................... Mayor Facilitates Call for Motion ....... ....... ........ ..... ........... ...... ........ Mayor & City Council Discussion.................... ........ .......... ....... ..... Mayor & City Council Action on Motion.... ..... .................... ...... ................. ............ Mayor Facilitates POLICY RECCOMENDER: Hiring process of fire department. FISCAL IMPACT: Additional members on the payroll at full pay rates. Back pay to eligibility date. SUMMARY AND ACTION REOUESTED: Probationary members, Jeremy Penman and Brandan Peltier have successfully completed the requirements of Probation as follows: State Certified Firefighter I & II, State Certified Haz Mat Operations, First Responder and CPR. Approximately 200 hours of training. All the while maintaining their response requirements of Duty Crews, All Calls and Training. Request motion to promote from Probationary Status to Firefighter. Following Motion and Approval we will administer their Oath of Office and present them with their badge and helmet. -- page City Council Meeting [PRESENTATION] April 17, 2016 LEGISLATIVE HISTORY.: Established hiring process of the fire department. BACKGROUND INFORMATION (SWOT): Strengths Addition of 2 fully trained Firefighters to the Department Weaknesses Opportunities Long term Firefighter to serve the community. Threats Retention RECOMMENDATION: MOTION to approve promotion of Jeremy Penman and Brandan Peltier from Probationary status to Firefighter with back pay to eligibility date. Following approval we will administer the Oath of Office and present the new Firefighters with their helmets and badges. 4 -- page 2 -- LAKE ELMO AY() CO CIL CO U ICATIO DATE: August 16, 2016 CONSENT ITEM #3 MOTION AGENDA ITEM: Approve Disbursements in the amount of $1,508,777.70 SUBMITTED BY: Patty Baker, Accountant THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSTIN ESS: Introduction of item ........... ....... ......... ........ City Administrator Report/Presentati on C ity 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: $1,508,777.70 SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $1,508,777.70. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page 1 -- City Council. Meeting [Consent Agenda Item 3] August 16, 2016 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a surrunary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH ACH DD7329-DD7379 44673-44680 44681-44743 $ 1,440,374.23 TOTAL $ 1,508,777.70 Amount Description 15,868.60 Payroll Taxes to IRS & MN Dept of Revenue 08/04/16 7,354.66 Payroll Retirement to PERA 08/04/16 1,200.00 Payroll Retirement to ICMA 08/04/16 41,550.21 Payroll (Direct Deposits) 08/04/16 2,430.00 Accounts Payable 08/09/16 Accounts Payable 08/16/16 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 $1,508,777.70. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- Accounts Payable To Be Paid Proof List User: Patty13 Printed: 08/11/2016 - 1034 AM Batch: 004-08-2016 Invoice # 111V Date Anintint Quantity Pint Date Description Reference Task Type PO # Close POLine 4 AllgenPo Allgen 1'ower Services 11586 06/30/2016 512,59 0.00 08/16/2016 Stat 1 - office light, ext lights 101-420-2220-44010 Repairs/Maint Bldg 11586 Total: 512.59 11587 07/30/2016 849.02 0.00 08/16/2016 Stat 2 - replace therm and ceiling ran 101-420-2220-44010 Repairs/Maint Bldg 11587 Total: 849.02 AllgenPo Total: 1,361.61 ANTELAG American Flagpole & Flag Corp 128382 08/04/2011 64.10 0.00 08/16/2016 Flag 1(11-410-194(1-44300 Miscellaneous 128382 Total: 64.10 AM FLAG Total: 64.10 No 0000 No 0000 No 0000 ASPENM1 Aspen Mills, Inc. 184746 08/04/2016 8.00 0,00 08/16/2016 Replace patches No 0000 101-420-2220-44170 Uniforms 184746 Total: 8.00 184747 08/04/2016 8.00 0.00 08/16/2016 Replace patches No 0000 101-42.0-2220-14170 Uniforms 184747 Total: 8,00 ASPENMI Total: 16.00 BOYER Boyer Trucks I 076664 07/29/2016 100.77 0,00 08/16/2016 Plow truck 98-2 No 0000 101-430-3120-44040 Repairs/Maint Eqpt. 1076664 Total: 100.77 BOYER Total: 100.77 AP - To Be Paid Proof List (08/11/16 - 10:34 AM) Page 1 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO if Close POLitie # CALATLAN Cal Allarnie Group Inc 2016-014 07/2812016 803-000-0000-22900 Deposits Payable 2016-014 Total: 2016-137 07/28/2016 803-000-0000-22900 Deposits Payable 2016-187 Total: CALATLAN Total: CAPSTONE Capstone Homes 2015-1399 07/29/2016 S03-000-0000-22900 Deposits Payable 2015-1399 Total: 2016-221 07/29/2016 803-000-0000-22900 Deposits Payable 2016-221 Total: CAI'STONE Total: CARQUEST Car Quest Auto Parts 2055-385704 08/02/2016 101-430-3100-44040 Repairs/Maint Eqpt 2055-385704 Total: 2055-385809 08/03/2016 101-430-310(1-44040 Repairs/Maint Eqpt 2055-385809 Total: 2055-385810 08/03/2016 101-430-3100-44040 Repairs/Maint Eqpt 2055-385810 Total: 2055-385836 08/04/2016 101-430-3100-44040 Repairs/Maint Eqpt 2055-385836 Total: 2055-385837 08/04/2016 101-430-3100-44040 Repairs/Maint Eqpt 2055-385837 Total: CARQUEST Total: CB & I CO & I Constructors, Inc. Pay Req 3 08/05/2016 601-494-9400-43030 Engineering Services Pay Req 3 Total: CB & I Total: 5,000.00 5,000.00 5,000.00 5,000.00 10,000,00 5,000,00 5,000.00 5,000,00 5,000.00 10,000.00 259.89 759.89 109.38 109.38 -254,99 -754.99 -51.08 -51,08 51.37 51,37 114.57 775,349.50 225,349.50 225,349.50 0,00 08/16/2(116 Escrow Release 312 Langly 0,00 08/16/2016 Escrow Release 333 Laverne 0.00 08/16/2016 Escrow Release 11913 32114 St 0.00 08/16/2016 Escrow Release 11902 32nd St 0.00 08/16/20 I 6 Repairs 00-2 0.00 08/16/2016 Repairs 00-2 0.00 08/16/2016 Repairs 00-2 0.00 08/16/2016 Repairs 00-2 0.00 08/1612016 Repairs 00-2 0.00 08/16/2016 In W 00 CI Water Tower No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No (1000 AP - To Be Paid Proof List (08/1 I ,"16 - 10:34 AM) Page 2 htvoice Inv Date AII101111( Quantity Pint Date Jescription Reference Task Type PO # Cli,„ ()Mine # CENTPOW Century Power Equipment 695299 08101/2016 101-450-5200-42210 Equipment Parts 695299 Total: 695335 08/01/20 I 6 101-450-5200-42210 Equipment Parts 695335 Total: CENTPOW Total: 82.52 0.00 08/16/2016 Parts No 0000 87,57 112.74 0.00 OS/16/2016 Parts No 0000 112.74 195.26 COMCAST Comeast 07/27/2016 7,93 0.00 08/16/2016 Monthly Service No 0000 101-420-2220-44300 Miscellaneous Total: 7.93 COMCAST Total: 7.93 COORD1N Coordinated Business Systems ARIN118961 07/26/2016 20.10 0.00 08/16/2016 Toner for copier No 0000 101-410-1940-44040 Repairs/Main Contractual Eqpt A.R1N118961 Total: 20,10 COOR DIN Total: 20.10 CREATHOM Creative Home Construction 2015-0947 07/29/2016 5,000,00 0.00 08/16/2016 escrow Release 9081 Jade Circle No 0000 803-000-0000-22900 Deposits Payable 2015-0947 Total: 5,000.00 2015-0998 07/29/2016 5,000,00 0.00 08/16/2016 Escrow Release 9043 Jade Circle No 0000 803-000-0000-22900 Deposits Payable 2015-0998 Total: 5,000.00 2015-1323 07/29/2016 5,000.00 0.00 08/1 6/2016 Escrow Release 9029 Jade Circle No 0000 803-000-0000-22900 Deposits Payable 2015-1323 Total: 5,000,00 2015-1409 07/29/2016 5,000.00 0.00 08116/2016 Escrow Release 9040 Jade Circle No 0000 803-000-0000-22900 Deposits Payable 2015-1409 Total: 5,000,00 2016-038 07/29/2016 5,000.00 0.00 0816/2016 Escrow Release 9082 Jade Circle No ONO 803-000-0000-22900 Deposits Payable 2016-038 Total: 5,000.00 CREATHOM Total: 25,000.00 CTY13LOON1 City of Bloomington Jul 16 07/29/2016 42.00 0.00 08/16/2016 Lab bacteria testing July No 0000 601-494-9400-42270 Utility System Maintenance AP - To Be Paid Proof List (08/11/16 - 10;34 AM) Page 3 Invoice # Inv Date Quantity Pint Date Description Reference Task Type PO # Close POLine # Jul 16 Total: 42.00 CTYBLOOM Total: 42.00 CTYNSTPA City of North St Paul 16974 07/27/2011 3,568.59 0.00 08/1612016 Asphalt No 0000 101-430-3100-42240 Street Maintenance Materials 16974 Total: 3,568.59 CTYNSTPA Total: 3,568.59 CTYOAKDA City of Oakdale July 2016 07/31/2016 3,000.00 0.00 08/16/2016 New connections - July 2016 No 0000 601-000-0000-20803 WAC due Oakdale July 2016 Total: 3.000.00 CTYOAKDA Total: 3,000.00 CTYOAKDP City of Oakdale 10000460-01 07/31/2016 27,928.48 0.00 08/16/2016 Water meter - South Pit 7/6-8/02/16 No 0000 601-494-9400-43820 Water Utility 10000460-01 Total: 27,928.48 CTYOAKDP Total: 27,928.48 DADASHEV Dadashev Dennis 08/10/2016 24.51 0.00 08/16/2016 Mileage No ONO 101-410-1320-43310 Mileage Total: 24.51 DADASHEV Total: 24.51 EARLANDE Earl F. Andersen, Inc. 0111825-1N 07/31/2016 118.50 0.00 08/16/2016 Station 1 parking sign No 0000 101-420-2220-44010 Repairs/Maint Bldg 0111825-1N Total: 118.50 0111865-IN 08/05/2016 852.52 0.00 08/16/2016 Street signs No 0000 101-430-3120-42260 Sign Repair Materials 0111865-IN Total: 8.52.52 0111896-1N 08/08/2016 92.10 0,00 08/16/2016 Sign - Emergency Vehicle No 0000 101-420-2220-44040 Repairs/Maint Eqpt 0111896-IN Total: 92.10 EARLANDE Total: 1,063,12 AP - To .Bc Paid Proof List (081)11 - 10:34 AM) Page 4 !ureic,. lnv Date Amount Quantity Pint Datt Jescription Reference Task Type PO Cit,„. POLine 4 ELANiMERS Eckberg Lammers, 1'.C. 07 2016 07/31/7016 101-120-2150-43045 Attorney Criminal 07 2016 Total: ELAMMERS Total: 3,620.47 0,00 08/16/2016 Prosecution 3,620,47 3,620.47 FOCUS Focus Engineering, Inc. 2944-2948 07/30/2016 96.00 0.00 08/16/2016 Building 101-420-2400-43030 Engineering 2944-2948 07/30/2016 180,00 0.00 08/16/2016 PW 101-430-3100-43030 Engineering Services 2944-.7948 07/30/2016 2,750.00 0,00 08/16/2016 General 101-410-1930-43030 Engineering Services 2944-2948 07/30/2016 870.00 0.00 08/16./2016 Planning 101-410-1910-43030 Engineering Services 2944-2948 0713072016 590,00 0,00 08/16/2016 ROW 101-430-3100-43030 Engineering Services 2944-2948 Total: 4,486.00 2949 07130/2016 1,074.00 0.00 08/16/2016 Water - 601-494-9400-43030 Engineering Services 2949 07/30/2016 685,00 0.00 08/16/2016 Sewer 602-495-9450-43030 Engineering Services 2949 07/30/2016 1.950.00 0.00 08/16/2016 Surface Water 603-496-9500-43030 Engineering Services 2949 Total: 3,709,00 2950 07/30/2016 >70,00 0.00 08116/2016 Transportation 8.: Traffic 409-480-8000-43030 Engineering Services 2950 07/30/2016 1,090,48 0.00 08/16/2016 Street & System Maintenance 409-480-8000-43030 Engineering Services 2950 (17/30/2016 174.00 0.00 08/16/2016 Capital Improvement 409-480-8000-43030 Engineering Services 2950 Total: 1,534,48 2951 07/3012016 120.00 0.00 08/16/201 6 Section 34 601-494-9400-43030 Engineering, Services 2951 07/30/2016 180.00 0.00 08/16/2016 Section 34 602-495-9450-43030 Engineering Services 2951 Total: 300.00 2952 07/30/2016 330.00 0.00 08/16/2016 CSA11 15 602-495-9450-43030 Engineering Services 2952 Total: 330.00 2953 07/30/2016 11,039.94 0.00 08/1612016 LE Ave Corridor 409-480-8000-43030 Engineering Services 2953 Total: 11.039.94 No 0000 No 0000 No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (081(1116 - 10:34 AM) Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference 'Fisk Type PO # Close POLi 2954 07/30/2016 972A00 0.00 08/16/2016 111W00(1 Booster Station No 60 I -494-94(10-43030 Engineering Services 2954 Total: 977.00 2055 07/30/20 I 6 14,734.42 0.00 08/16/2016 Inwood Trunk Waternia in No 0000 601-494-9400-43030 Engineering Services 2955 Total: 14,734.42 2956 07/30/2016 66.00 0.00 08/16/2016 Eagle Point Blvd No 0000 409-480-8000-43030 Engineering Services 2956 Total: 66.00 2957 07/3012016 654.00 0.00 08/16/2016 CSAII 13 No 0000 409-480-8000-43030 Engineering Services 2957 Total: 654.00 2958 07/30/2(116 14,663.07 0.00 08/16/2016 2016 Street improvements No 0000 409-480-8000-43030 Engineering Services 2958 Total: 14,663.07 2959 07/30/2016 500.00 0.00 08/16/2016 Inwood Water tower No 0000 601-494-9400-43030 Engineering Services 2959 Total: 500.00 2960 07/30/2016 2,071.37 0.00 08/16/2016 2016 Seal Coat No 0000 101-430-3120-42250 Street Maintenance Materials 2960 Total: 2,071.37 2961 07/30/2(116 300.00 0.00 08/16/2016 Lennar - 194 No 0000 803-000-0000-22910 Developer Payments 2961 Total: 300.00 2962 07/30/2016 592.44 0.00 08/16/2()16 Boulder Ponds No 0000 803-000-0000-22910 Developer Payments 2962 Total: 592.44 2963 07/30/2016 2,680.00 0.00 08/16/2016 Hammes No 0000 S03-000-0000-22910 Developer Payments 2963 Total: 2,680.00 2964 07/30/2016 120.00 0.00 08/16/2016 Hunters Crossing No 0000 803-000-0000-22910 Developer Payments 2964 Total: 120.00 2965 07/30/2016 1,478.48 0.00 08/16/2016 Wildflower No 0000 803-000-0000-22910 Developer Payments 2965 Total; 1,478.48 2966 07/30/2016 4,156.66 0.00 ()8/16/2016 Village Preserve No 0000 803-000-0000-2291 0 Developer Payments 2966 Total: 4,156.66 2967 07/30/2016 5,520.30 0.00 08/16/2016 Easion Village No 0000 803-000-0000-22910 Developer Payments 2967 Total: 5,520.30 2968 07/30/2016 5,331.06 0.00 08/16/2016 Savon 111 No 0000 803-000-0000-229 I 0 Developer Payments 2968 Total: 5,331.06 AP - To Be Paid Proof list (08/1 1/16 - 10:34 AM) 0000 InvokeInv Date A mount Quantity Plat Date j escilptiou Reference Task TYPe PO # Clo„. POLine g 2969 07/30/2016 209,72 0.00 08/16/2016 Auto Owners No 0000 803-000-000(1-22910 Developer Payments 2969 Total: 709.72 2970 07/30/2016 243,24 0.00 08/16/2016 ISD 916 Eagle Point School No 0000 803-000-0000-22910 Developer Payments 2970 Total: 743.24 2971 07./30/2016 648.00 0.00 08/16/2016 Arbor Glen No 0000 803-000-0000-22910 Developer Payments 2971 Total.' 648.00 2972 07/30/2016 6,708.02 0,00 08/16/2016 Savona IV No 0000 803-000-0000-22910 Developer Payments 2972 Total: 6,708.02 2973 07/30/2016 6,826.74 0.00 08/16/2016 Inwood 111 No 0000 803-000-0000-229 [0 Developer Payments 2973 Total: 6,826.74 2974 07/3012016 511100 0.00 08/16/2016 The. Royal Golf No 0000 803-000-0000-22910 Developer Payments 2974 Total: 510.00 2075 07/30/2016 210.00 0.00 08/16/2016 Hidden Meadows No 0000 101-410-1930-43030 Engineering Services 2975 Total: 210.00 2976 07/30/2016 90.00 0.00 08/16/2016 The Highlands No 0000 101-410-1930-43030 Engineering Services 2976 Total: 90,00 2977 07/30/2016 252.00 0.00 08/16/2016 Wasatch Storage No 0000 101-410-1930-43030 Engineering Services 2977 Total: 252.00 FOCUS Total: 90,936.94 FURYDODO Fury Dodge Chrysler Lake Elmo 3070510 07/29/2016 101-430-3120-44040 Repairs/Maint Eqpt 3070510 Total: FURITDODG Total: GKSERYIC G&K Services 1182816667 07/27/2016 101-430-3100-44170 Uniforms 1182816667 Total: 1182827978 08/03/2016 101-430-3100-44170 Uniforms 1182827978 Total: 7.74 0.00 08/16/2016 Services 7.74 7,74 35.67 0.00 08/16/2016 Uniforms 35.67 481.33 0.00 08/16/2016 Uniforms 481.33 No 0000 No 0000 No 0000 AP - To Be Paid Proof List (08/11/16 - 10:34 AM) Page 7 !nvoicc ft Inv Dafe Anmunt Qua»tity Pint Dale Description Reference Tall{ Type PO # ('lose POLine 11 GKSER V)C Total: GRAINGER Grainger 9179290144 07/27/2016 I 01-420-2220-42090 ire Prevention 9179290144 Total: 9183626549 07/27/2016 101-420-2220-42090 Fire Prevention 9183626549 Total: GRAINGER Total: HARDDR1V Hardrives, Inc. Pay Req 3 08/05/2016 409-480-8000-43030 Engineering Services Pay Req 3 0S/0512016 601-494-9400-43030 Engineering Services Pay Req 3 Total: HARDDRIV Total: HOSUP PLY HD Supply Waterworks, Ltd. F838531 07/20/2016 601-494-9400-42300 Water Meters & Supplies F838831 Total: 1:838859 07/20/2016 601-494-9400-42300 Water Meters & Supplies F838859 Total: liDSUPP L\t"lotal: INNOVAT Innovative Office Solutions 1260307 07/27/2016 101-430-3100-42000 Office Supplies 1260307 Total: 1260309 07/27/2016 101-430-3100-42000 Office Supplies 1260309 Total: 1265120 08/01/2016 101-430-3100-42000 Office Supplies 1265120 Total: 1266507 OS/02/2016 101-410-1320-42000 Office Supplies 1266507 Total: - To Be Paid Proof -List (08/1 1(16 - 10:34 AM) 517.00 39.30 39.30 29.08 29.05 68.38 136,878.76 1,773.67 138,652.43 138,652.43 2,160.00 2,160.00 345.32 345.32 2,505.32 11,38 11.38 55.78 55.78 38.00 38.00 50.88 50.88 0.00 08/10/2016 Supplies for props 0.00 08/162016 Supplies for props 0.00 OS/16/2016 2016 Street Improvements 0.00 08/16/2016 2016 Street Improvements 0.00 08/16/2016 Meters 0.00 OS/16/2016 Meter equipment 0.00 08/16/2016 Name Plate - Weldon 0.00 08/16/2016 Office Supplies 0.00 08/16/2016 Business cards - Weldon 0.00 08/16/2016 Supplies No No No No 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 8 iuvoic Inv Date Amount Quantity Pint Da tk. Jeseription Reference Task Type PO # . ['Mine 1269752 08/04/2016 35.62 0.00 OS/16/2016 Supplies No 0000 101-410-1320-42000 Office Supplies 1269752 08/04/2016 79.99 0.00 Mil 6/2016 Supplies No 0000 101-420-2220-42000 Office Supplies 1269752 Total: 115.61 1NNOVAT Total: 271.65 JANI KING Juni-King of Minnesota, Inc M1N08160374 08/01/2016 326.65 0.00 08/1612016 Cleaning Service- City Hall No 0000 101-410-1940-440 IC) RepairstMaint Contractual Bldg M1N08160374 Total: 326.65 JAN1KING Total: 326.65 katlifuel Kalb Fuel Oil Service Co 563422 08103/2016 859.00 0.00 OS/16/2016 Fuel No 0000 101-430-3100-42120 Fuel, Oil and Fluids 563422 Total: 859.00 .563423 08/03/2016 1,007.83 0.00 OS/1612016 Fuel No 0000 1(11-430-3100-42120 Fuel, Oil and Fluids 563423 Total; 1,007.83 563424 08103/20 I 6 729.78 0.00 08/16/2016 Fuel No 0000 101-430-3 I 00-42120 Fuel. Oil and Fluids 563424 Total: 729.78 kathfuel Total: 2,596.61 KWIK Kwik Trip Inc 08/02/2016 27.10 0.00 08/16/2016 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids Total: 27.10 KWIK Total: 27.10 LEOIL Lake Elmo Oil, Inc. 07/31/2016 171.40 0.00 08/16/2016 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids Total: 171.40 LE011., Total: 171.40 [.OFF Lofller Companies, Inc. 2292387 08/01/2016 401.23 0.00 08/16/2016 Copy machine base and overages 101-4 10-1940-44040 Repairs/Maint Contractual Eqpt 2297387 Total: 401.23 No 0000 AP - To 13e Paid Proof Fist (OSA 1/16 - 10:34 ANI) Page Invoice In Date Amount Quantity Pint Date Description Reference Task Type PO tt Close POLine ft LOFF Total: 401.23 LTLFALLS Little Falk Machine, Inc 58511 08/03/2016 3,039.47 0.00 08/16/2016 Snow plow repairs 101-430-3125-44040 Repairs/Maint Eqpt 58511 Total: 3,039.47 LTLFALLS Total: 3.039.47 NIAGNEY N4agney Construction, Inc Pay Rcq 3 08/05/2016 92,094.66 0.00 08/16/2016 Inwood Booster Station 601-494-9400-43030 Engineering Services Pay Req 3 Total: 92,094.66 MAGNEY Total: 92,094.66 MENARDSO Menards - Oakdale 9118 07/26/2016 23.60 0.00 08/16/2016 Maintenance supplies 101-450-5200-44030 Repairs/Maint Imp Not Bides 9118 Total: 23.60 9257, 9262 07/18/2016 2.99 0.00 08/16/2016 Supplies 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 9257, 9262 Total: 2.99 9260 07/18/2016 55.52 0.00 08/1612016 Maintenance supplies 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 9260 Total: 55.52 9655 08/03/2016 114.79 0.00 08/16/2016 Shop supplies 101-430-3100-42150 Shop Materials 9655 Total: 114.79 MENARDSO Total: 196.90 MENARDST Menards - Stillwater 914413 07/26/2016 65.93 0.00 08/16/2016 Supplies 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 91443 Total: 65.93 91892 08/04/2016 33.22 0.00 MI 6/2016 Supplies 101-450-5200-42230 Building Repair Supplies 91892 Total; 33.22 MENARDST Total: 99.15 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 METCOU Metropolitan Council 1058248 08/02/2016 1,289.58 0.00 08/16/2016 Waste water services No 0000 602-495-9450-43820 Sewer Utility - Met Conned AP - To Be Paid Proof List (08/1 1/16 - 10:34 AM) Page 10 invoiet. Inv [)ate Amount Qnantity P1111 Dalt. iescriplimi Reference Task ype PO 4 C1%. POLine 1058248 Total: 1,289.58 METC011 Total: 1,289.58 METSAC Metropolitan Council Discount 08./01/2016 0.00 08/16/2016 SAC charges - early pay discount No 0000 602-000-0000-37220 SAC Early Pay discount/revenue. Discount Total: -422.45 July 2016 0S/01/2016 42,245.00 0.00 08/16/2016 SAC charges - July 0000 602-000-0000-20802 SAC due Met Council July 2016 Total: 42,245.00 METSAC Total: 41.822.55 M 1 LLEREX Miller Excavating, Inc. 20893 08/05/2016 1,183.84 0.00 08/16/2016 Rock No 0000 101-430-3120-42340 Street Maintenance Materials 20893 08/05/2016 398.22 0,00 08/16/20 I 6 Rock for VFW halltield No 0000 101-450-5200-44030 RepairsiMaint Imp Not Bldgs 20893 Total: 1,582,06 MILLEREX Total: 1.582.06 NUNLABOR MN Dept of Labor & [ndustry ABR01453221 08/02;2016 10,00 0,00 08/16/2016 Pressure Vessel No 0000 601-494-9400-42270 Utility System Maintenance A13R01453221 Total: 10,00 ABRO [453571 08/02/2016 10.00 0.00 0S/16/2016 Pressure Vessel No 0000 101-420-2220-44010 Repairs/Maint Bldg ABR01453571 Total: 10,00 ABR01456311 08/02/2016 10.00 0.00 08/1612016 Pressure Vessel No 0000 101-4.30-3100-44300 Miscellaneous ABR0145631 I Total: 10.00 ABR01457451 08/02/2016 10,00 0.00 08/16/2016 Pressure Vessel No 0000 101-450-5200-44010 Repairs/Maint Bldg ABR01457451 Total: 10.00 MNLAJ3OR Total: 40.00 NATREPRO National Reprographics, LL.0 105117 08/03/20 16 92.50 0.00 08/16/20 I 6 Fanners Market Signs No 0000 204-450-5200-44300 Miscellaneous 105117 Total: 92.50 NATREPRO Total: 92.50 AP - To Be Paid Proof List (08/ I 1/16 - 10:34 AM) Page 11 invoice # Inv Date Amount Quantity Pint Date Description Reference TaskType PO # Close POLine NORTHDAL Northdale Construction Co, INC Pay- Req 4 08/09/2016 248,363.65 0_00 08/16/2016 Inwood Trunk Waterman No 0000 601-494-9400-43030 Engineering Services Pay Req 4 Total: 243,363.65 NORTH DAL Total: 248,363.65 OAKDRC Oakdale Rental Center 112354 08/08/2016 6740 0.00 08/16/2016 Propane No 0000 101-430-3100-42120 Fttel, Oil and Fluids 112354 Total: 67.40 OAKDRC Total: 67.40 ONECALL Gopher State One Call 6070487 07/31/2016 596,70 0,00 08/16/2016 Monthly tickets No 0000 101-430-3100-43 I 50 Contract Services 6070437 Total: 596.70 ONECALL Total: 596.70 PEARSON Pearson Bros, Inc. Pay Req 1 Final 08/0412016 207,368,44 0.00 08/16/2016 2016 Seal Coat No 0000 101-430-3120-42250 Street Maintenance Materials Pay Rcq I Final Total: 207,368.44 PEARSON Total: 207,368.44 PERMITWO PermitWorks LLC 2016-0075 08/01/2016 I 70,00 0.00 08/16/2016 Remote Inspector Access No 0000 101-420-240(1-43180 Information Technology/Web 2016-0075 Total: 170.00 PERMITWO Total: 170.00 PHILLIPS Phillips Healthcare 933260779 08/01/2016 70.20 0.00 08/16/2016 AED pads No 0000 101-420-2220-42080 EMS Supplies 933260779 Total: 70.20 PHILLIPS Total: 70.20 PINKY Pinky's Sewer Service, Inc. 73306 03101/2016 100.00 0.00 08/16/2016 Pumped two tanks No 0000 206-450-5300-44010 Repairs/Maint Bldg 73306 Total: 100.00 AP - To Be Paid Proof List (08/11116 - 10;34 AM) Page 12 V Date Anionne Quantity Pint Dab_ Jescripiiun Reference °Task Type P0 # Cit.. POLine tt PINKY Total: 100,00 PLUNK FIT Plunkett's Pest Control Inc 5440855 05/13/2016 128.55 0.00 08/16/2016 Pest Control - PW building No 0000 101-430-3100-44010 Repairs/Maint Bldg 544(1855 Total: 128.55 5492367 08701/2016 963.30 0.00 08/1612016 Pest Control Services - Annual No 0000 101-4 I 0-1940-44010 Repairs/Maint Contractual B Idg 5492367 Total: 963.30 pLuNKErr Total: I ,091,85 POM I'S Pomp's Tire Service, Inc. 210742836 (18/0112016 I 01-450-5200-44040 Repairs/Maint Eqpt 710242836 Total: PUMPS Total: P R.ECWELD Precision Welding & Machine 5038 08/03/2016 10 I -420-?220-44040 Repairs/Maint Eqpt 5038 Total: PRECWELD Total: PRIMARY Primary Products Company 59414 08103/2016 101-420-2220-42080 EMS Supplies 59414 Total: PRIMARY Total: 20.00 0.00 08/16/2016 Equipment 20.00 20.00 350,00 0.00 08/16/2016 Repair tailgate/ramp on trailer 350.00 350.00 119.26 0.00 08/16/2016 Medical gloves 119.26 119,26 No 0000 No 0000 No 0000 R1VRC00P River Country Cooperative 07/31/2016 351.74 0.00 08/16/2016 Fuel No 0000 101-420-2220-42120 fuel, Oil and Fluids Total: 351.74 RIVRCQOP Total: 351.74 SAMBATEK Sambatek. Inc 8062 07127/2016 577.31 0.00 08/16/2016 General Services 101-410-1910-43150 Contract Services 8062 07/27/2016 803-000-0000-2291(1 Developer Payments No 0000 406.25 0.00 08/16/2016 The Royal Golf No 0000 AP - To Be Paid Proof -List (OM - 10:34 AM) Page 13 Invoice Inv Date Amount Qoantity Putt Date Descripiion Reference 3062 Total: 983.56 SAM BATEK Total: 983.56 SEH Short Elliott Hendrickson, Inc 317722 07/14/2016 601-494-9400-43030 Engineering Services 317722 Total: SEH Total: 5,065,06 0.00 08/16/2016 Inwood Water tower 5.065.06 5,065,00 STCROIXR St, Croix Recreation Co, 18990 07/29/2016 86.00 0.00 08/16/2016 Tetherball with rope 101-450-5200-44030 Repairs/Maint lmp Not Bldgs 18990 Total: 86.00 STCROIXR Total: 86,00 Task Type PO ti Close POLitte No 0000 No 0000 TKDA TKDA, Inc. 002016001184 08/05/2016 38.00 0.00 08/16/2016 Water & Sanitary Sewer Study No 0000 601-494-9400-43030 Engineering Services 002016001184 08/05/2016 38.00 0.00 08/16/2016 Water & Sanitary Sewer Study No 0000 602-495-9450-43030 Engineering Services 002016001184 08/05/2016 19.00 0.00 08/16/2016 Water & Sanitary Sewer Study No 0000 603-496-9500-43030 Engineering Services 002016001184 Total: 95,00 TKDA Total: 95.00 TOWNCTRY Town & Country Cleaning Co 816109 08/01/2016 206-450-5300-44010 Repairs/Maint Bldg, 816109 Total: TOWNCTRY Total: 370.00 0.00 08/16/2016 August Cleaning 370.00 370.00 VANZANDT Van Zandt Distributing Inc 7495 08/09/2016 48.06 0,00 08/1612016 Medical supplies 101-420-2220-42080 EMS Supplies 7495 08/09/2016 69.57 0,00 08/16/2016 sanitizer dispensers 101-420-2220-44010 Repairs/Mai nt Bldg 7495 Total: 117.63 VANZANDT Total: 117.63 AP - To Be Paid Proof List ((18/11/16 - 10:34 AM) No 0000 No 0000 No 0000 Page 14 In voieN Tnv Date Quantity Pint flat. WAS-SIIER Washington County 90853 08/01/2016 '252,977_79 101-420-2100-43150 LOW Enforcement Contract 90853 Total: 252,977.79 WAS-SHER Total: 252,977.79 WASH-REC Washington County OS/01/2016 92.00 101-410-1320-43150 Contract Services Total: 92.00 WAS H-REC Total: 92.00 XCEL Xcel Energy OS/01/2016 101-450-5200-43810 Electric Utility 08/0112016 602-495-9450-43810 Electric Utility 08/01/2016 101-430-3160-43810 Street Lighting OS/01/2016 101-43(1-3160-43810 Street Lighting 08/01/2(16 101-420-2220-43810 Electric Utility 08/01/21)16 101-410-1940-43810 Electric Utility 08/01/2016 101-430-3160-43810 Street Lighting 08/01/2016 101-450-5200-43810 Electric Utility 08/01/2016 101-450-5200-43810 Electric Utility 08/01/2016 101-450-5200-43810 Electric Utility 08/01/2016 601-494-9400-43810 Electric Utility 08/01/2016 101-430-3160-438 I () Street Lighting OS/01/2016 101-450-5200-43810 Electric Utility 08/01/2016 602-495-9450-43810 Electric Utility 08/01/2016 602-495-9450-43810 Electric Utility AP - To Be Paid Proof List (08i11/16 - 10:34 A1v1) icscription Reference 0,00 0S/16/2016 Jan - June 2016 Police Services 0.00 08/16/201 6 Recordings 37.01 0.00 225,76 0,00 38.18 0.00 26.01 319.68 0.00 5'76.19 0.00 34,57 0.00 11.97 0.00 36.36 0.00 30.74 0.00 2,564.63 0.00 44.67 0.00 101.04 17_39 17.40 08/16/2016 Utility Services OS/16./2016 Utility Services 08/16/2016 Utility Services 0-00 08/16/2016 Utility Services 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services 0.00 08/16/2016 Utility Services 0.00 08/1612016 Utility Services 0_00 08/1612016 Utility Services I-95k Type PO 1,\Jo No 1)000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 15 invoice JI14Date A monnt Quantity PnI Date Descrithij Reference `r ask Type PO # Clow POLine 08/01/2016 101-420-2220-438.10 Electric Utility 08/01/2016 101-450-5200-43810 Electric Utility 08/01/2016 101-430-3160-43810 Street Lighting 08/01/2016 101-430-3160-43810 Street Lighting 08/01/2016 101-450-5200-43810 Electric Utility 08/01/2016 101-450-5200-43810 Electric Utility 08/0112016 101-430-3100-43810 Electric Utility 08/01/2016 601-494-9400-43810 Electric Utility 08/01/2016 101-430-3160-43810 Street Lighting 08/01/2016 206-450-5300-43810 Electric Utility 08/01/2016 602-495-9450-43810 Electric Utility 08/01/2016 601-494-9400-43810 Electric Utility 08/01/2016 101-450-5200-43810 Electric Utility 08/01/2016 101-430-3160-43810 Street Lighting 08/01/2016 101-430-3160-43810 Street Lighting 08/01/2016 601-494-9400-43810 Electric Utility Total: XCEL Toni!: ZACK Zack's, Inc. 31419 08/04/2016 101-430-3100-42150 Shop Materials 31419 08/04/2016 601-494-9400-42270 Utility System Maintenance 31419 08/04/2016 101-430-3100-44170 Uniforms 31419 08/04/2016 101-450-5200-42400 Small Tools & Minor Equipment AP - To Be Paid Proof List (08/11/16 - 10:34 AN1) 361.26 0.00 24.76 0.00 1,953.'72 0.00 31.82 0.00 13.98 0.00 431.56 0.00 629.26 0.00 24.97 0.00 13.01 0.00 497,61 0.00 144,02 0.00 109.89 0.00 14.06 0.00 45.57 0,00 38.95 0,00 2,018.75 0.00 10.434,79 10,434,79 08/16/2016 03/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/20 [6 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 08/16/2016 Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services Utility Services 254.38 0.00 08/16/2016 Shop supplies 76.56 0.00 08/16/2016 paint 95.93 0,00 08/16/2016 Vest/gloves 65.96 0.00 08/16/2016 Tools No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 N4.) 0000 No 0000 No No No No 0000 0000 0000 0000 Page 16 invoict Inv Date Antotint Quantity Putt Daleseription Reference Task Type Pt) # C1,,„ POLitte if 31419 Total: 492,83 ZACK Total: 492,83 Report Total: 1,417,600,23 AP to Be Paid Proof List (08/1 1/16 - 10:34 AM) Page 17 Accounts Payable To Be Paid Proof List User: PattyB Printed: 08/11/2016 - 11:35 AM Batch: 005-08-2016 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # SW/WC SW/WC Service Cooperatives 07/27/2016 22,774.00 0.00 08/16/2016 September 2016 Premium No 0000 101-000-0000-21706 Medical Insurance Total: 22,774,00 SW/WC Total: 22,774.00 Report Total: 22,774,00 AP - To Be Paid Proof List (08/11/16 - 11:35 AM) Page 1 (}1, KE ELN. 0 AY0 &COU AGENDA ITEM: July 2016 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Kristina Handt, City Administrator CO U ICAT1O DATE: August 16, 2016 CONSENT ITEM #4 MOTION SUGGESTED ORDER OF BUSINESS: Introduction of ...... ....... ...... ....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 REOUESTED: As part of its Consent Agenda, the City Council is asked to accept the July 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 July 2016 reflecting the monthly and year to date detail, comparing the actual results to the 2016 Budget. -- page City Council Meeting iConsefit Agenda Item #4J August 16, 2016 GENERAL FUND: Revenues: Total revenue for the month was 14,3% above budget for the month of July bringing the year to date to 37.3% better than budget. The most significant budget to actual revenue variances are as follows: The first installment of the annual levy proceeds were received in July and were slightly above the budgeted amount. This is typically related to the timing of collections, Building permits were S62.4k better than budget for the month bringing the year to date to $190.3k better than budget. This is due to $70k in building permit revenue in the month of July for 1SD 916. This permit revenue was not budgeted in 2016 due to the prior Building Official not having the certifications necessary to do the work. The MSA maintenance proceeds were received in July that were budgeted in June so this variance is a timing issue. Expenses: Total expenses for the month were 151.7% above budget for July bringing the year to date expenses to 15.4%© lower than budget. The following summarizes variances of note: General: • General Government expenses were 33.3% higher than budget for the month bringing the year to date expenses to 27.6% higher than budget. This was due to legal expenses far exceeding budget and the 3M litigation costs represented the majority. • Total Public Safety expenses were 480% higher than budget for the month bringing the year to date expenses to 11.9% lower than budget. This was primarily due to receiving the bill from WA Cty for Policing Services for the first half of the year which was mentioned last month. • Public Works — The total Public Works expenses were 33.4% higher than budget for the month bringing year to date expenses to 49.7% better than budget. This is primarily due to the Seal Coating and Cracking filling having been budgeted in June but the progress billings have not been received as early as anticipated in the budget. The project is on schedule and costs will be within the budgeted amounts. This is just a timing issue. -- page 2 -- City Council Meeting [Consent Agenda [te,n #4J August 16, 2016 In summary, the July revenues were 14.3% better than budget and the expenses were 151.7% lower than budget resulting in a net income of 9.9% better than budget. On a year to date basis, the revenues are 27.3% above budget and the expenses were 14.7% less than budget resulting in a net income of 250.5% better than budget year to date. LIBRARY FUND: The net income for the Library Fund for the month of July was identical to budget bringing the year to date to $54.9 better than budget. The levy proceeds were received in July as budgeted. The ending cash balance as of the end of July is $253.4k. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached July Financial Report. ATTACHMENT: 1. July Financial Reports -- page 3 -- City of Tal.ino 13tideet to Actual Conmaranve For the month online July 31. 7(1 16 101-General Fund Summary By Department DEPT 410 - GEN'L GOS"T REVENUE Tout Revetme Full Vcar BUDGET 2016 to date 8116.,2016 NIONTII YTD BUDGET ACTUAL Variance ($) Variance (9..) BUDGET ACTUAL Vad311CC ($) ValinI1Ce (%) Month Month Nlenth Moat YTD YTD YTD YTD 3,485,514,32 66,33% 1,229,901„31 1,406,025,58 176,124.26 14,32% 1,815,749,31 2,311,981.13 496,231,82 17.33% EXPENSE Total Mayor & Council 45,955.32 49,15% 14,827,66 681.58 14,145.08 95.400/, 26,877.66 22,58(1,42 4,291.24 15,97% Total Administration 360,997,50 108.98% 25,0111.66 57,1161,17 (31,042,51) -128.07% 222,042-41 393,427,73 (171,385,32) -77.19% Total Elections 15,800,00 7,59% 0.00 0,011 0.00 0.011% 950.00 1,2011.00 125100) -26,32% TOM Finance 124,83530 66,13% 7,123.28 12,248,10 (5,124,82) -71.94% 81,537,07 82,549,72 (1,1112.65) -1.240/0 Total Planning & Zoning 284,682.35 52.20% 18,806.72 211,932.09 (2,125.37) -11.30% 161,657.90 148,596.59 13,1161.31 14.118^/0 Total Engineering Services 48,0011.011 4.5.540/, 4,000.011 3,31/2.011 698.011 17,45% 28,01(0,00 21,861,55 6,138.45 21.92% Total City hall 55,082.00 64.17"/,, 4,461.00 4,698,13 (237.13) -5.32% 32,002.01/ 35,343.75 (3,341.75) -10,44°/9 1 otal General Government 935,351,47 75.43% 74,237.32 98,924.07 (24,686.75) -33,25"/. 553,067.04 _ 705,565,76 152,498.72) -27,57% DEPT 420 - PUBLIC SAFETY Total Police 527,060.47 48,12% 0.00 252,977,79 (252,977,79) -100.011% 263,530,24 253,612.02 9,918.22 3.76% Total Prosecullou 54,700,0(1 47.81% 4,5110.00 3,620,47 879.53 19,55% 31,800.00 26,151,23 5.648.77 17.76% Total Fire 377,231.71 511.61% 25,697.07 22,711.28 2,985.79 11.62% 229,337.92 190,913.70 38,424.22 16,75% Total Fire Relief 31,323.61) 0.00% 0.00 0.00 0,00 0.00% 0,00 0.00 0.00 DAM% 'Total Building Inspections 2611,765.91 46.91% 20,2611.118 15,855.81 4,404.27 21.74% 150,865.53 122,326,57 28,538.96 18.92% Total Emergency Commtinications 7,400.00 50.61% 0.00 0.00 0.00 0,00% 3,7E10,00 3,745.00 (45.00) -1.22% Total Animal Control 7,550.110 72.52% 65)1.00 1.325,00 (675.00) -103.85% 4,300.110 5,475.00 (1,175.00) -27.33% Total Public Safety 1,272,03 1.119 47.3474 51,107.15 296,490.35 (24.5,383,20) -480.13% 683 577,09 6(12,223.52 81,310.17 11.911% Summary_ DEPT 430 - PUBLIC WORKS 'total Public Works 411,284.53 Tolal Streets 413,000.110 Tula' lee & Snow Remo, al 87,250.00 TEAM Street Lighting 26,400.00 Total Recycling 5,900.00 Total Trce Program 1,000.00 Total Public Works 9,14,934.53 DEPT 450 - CULTURE, RECREATION Tool Parks & Recreation 1.r & Telephone GRAND TOTAL ALL EXPENSES SUB TOTAL NET INC OVER EXP DEPT 460 - COMP ADJ DEPT 490 - CONTINGENCY FUND Dehl Service increase DEPT 493 OTII FINANCING GB/NO TOTAL ALL DEPTS 67.31% 14.71% 12.92% 55.89% 0.011%, 61.45% 38,55% MONTH YTD BUDGET ACTUAL Varinneo (S) Variance (%1 BUDGET ACTUAL Variance (S) Variance 0'0 klontli Month Month Month YTD YID '(rio YID 28,496,50 41,268,08 (12,771.58) -44.82% 261,241,26 276,851.84 (15,6)0.581 -5.98% 6,7641.00 2,168.72 4,591.28 67.92% 397,8211,011 6)1,742.02 337,077.98 84.73% 1,000310 6,619.19 (5,619.19) -561,92% 44,750.011 11,275.06 33,474.94 74,80% 2,2011.00 2,180.13 19.37 0.90% 15,400.00 14,756.09 643.91 4.18% 200.00 0310 2003111 1011.011% 3,150,011 11.011 3,150.00 1011.00% 500.011 0.00 500.00 100,00% 1,000,011 614.50 385.50 38.55"/. 39,156.511 52,236.12 (11,079.62) -33.411% _723,361.26 364,239.51 359,121.75 49.65"A, 231,320.23 47.59% 17,349.09 18,936.06 (1,586.97) -9,15% 136,975.21 110,084.511 26,8911,71 19.63% 81,976,00 57.55% 5,900.00 5,780,51 119.49 2,03% 50,956,00 47,179.17 3,776.83 7A1% 3,465,514.32 51.42% I 187,750,06 466,586,60 (284,736.54) -151.66% 2,141,393.20 1,782,111.29 314,823.91 14.66%, 20,1100.00 2649.34% I 1,042,151.25 939,438.97 (108,612.28) 10,42% (332,143.89) 529,867.84 811,1155.73 -244.19% 20,0011.00 0.00% 0.00 0.00 0,110 0,00% 20,000,00 0.00 20,000,00 100.00% 0.00 0.00% 0.00 0,00 0,00 0,00% 0.00 0.00 0,00 0.0096 0.00 0.000/4, 0.00 0.00 0.011 0.0014 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00 0,00 0.00 0,00`;',, 0.00 0,00 0,00 0,00)4 3,485,514.32 51,13% 187,750.06 466,586.60 (284,736.54) 451.600/,. 2,167,893.20 1,78 , 3.29 334,823.91 15.44% Net Income over E‘penses 11,110 1,042,151,25 9.39,438.97 1102,712.28) 9.86% (352,143,69) 529.867.84 882.011.73 250.47% S ummary oF Lake Elmo Buricei to Ault,,) C6016,11600 e Fur ihe mouth ending 105 31 2016 01-.General Eurol 151.119p5r9nen1 FIFFT 410 - (XVI. COVI3 (IF:VENUE Current Ad Valorem Taxer Delinquent Ad 1,Ialurein 1 'L., Alolide Hume 1 lig Ficen I !lisp rii c Penally en Liquor Ue0115e Wasrehauler License General Conizaclor License lientmg Coinractor 1 icense Building l'ermits Puilding 0,41,1,w Fees 1735,10 Permit, umiiing Permits Animal License 110105 Fennig, (ROW) Burning Makiage 1her5pg Licenses 51SA.F1ainIcrinnec Slaw File Aid I'L RA Aid Reogling Gran! 54i5c Stale Gra01/3.:1600c 160‘ Cable Franchise Ilevenue Zoning & Subdgasidn Fecii Pion Cheek Fees Sale Curics, honks, 1001,9 6,55cusincril Sarehtis Clean Ur Day, Cohle Operniitin Rciinbuiserneld Fines Nliseelluneoug Farms Fire 1301161c Revenue hliseellatieima 14.ei.cmic Interest Earnings Dranalien, Total Revenue ;lel 02010 Full Ii law N1019111 YID MIDGET 11310E1170r ACTI1A1 Variance (5) V,rinuee eni IIIIIKCE All UAL Vannuce (5) Variance (5) 2016 I, „ 19' ctale iN forth Month Month Alunil, 53111 991) SITI) Y11) 20033,190,00 52.22% 1,016.593.51 1.059,051.87 .13.083.06 4.241-,, 1,016,593.31 1,061,5-71.33 43,222.52 4.431, 15,11011.011 45.96% 7.33/0,00 6.993.59 1610,411 u0.09e-a 7,5013101 0,393.59 1606.41) 35.093a 1-11100,00 21,291% 0,0110.191 2.354.49 (331.15 51 / 3573131) 6,11111.011 2,354.49 11445.51) -57 43'1n 157,5118410 59,47^Ai 75.754.06 93,676 57 14.122,57 13.03a.I., 79,75.1,1191 93,676,87 1,1,422137 13.9596 700,00 75,30% 3.50.00 530.60 130,00 51.69'r 3513161 530.60 1011.61 51.60% 11(000,410 61112% 0.00 0.011 0,00 00011, 5,000,16/ 6,300,110 (1,71)0,00) -15.009 u 1,680.1111 92,8600 0,00 A 80.00 410.00 109.91(7'. 640.01 1,560.60 720.00 35.715a 0.00 100.00% 11.00 MO 0.00 0310% 0.06 150.00 1511.01/ 100.0111u 2,5110,04 664107-', 200.00 511 On 11511,00) 375.007n 1,500,0o 2,150.00 050,00 43.31% 508,200,011 95.4900 60,1100.00 122.397.45 67..397,45 104.161% 793,0111310 455,297.75 105.797,75 631.510, 0,110 0.011% 0,01 0410 0.00 1.10156 (1.0(1 11310 0.00 0.31U% 33,000,00 193,5500 5,000.00 6,996.0U 1,996.00 .19.921n 21,600.01 75,-I-17 72 5.1,4.17.72 259,27% 46,8110.110 11111.191'n 5,91/0,00 5,044.00 1256,10) -4.3419. 26,300.00 46,3591310 20,091A0 74 grn 2,500,110 60.40% 40.00 40,00 0.00 0.007u 2.300.09 1,510.015 (790.00 i -34 33"3, 25,000.00 158,90% 5,0n19011 ,1,33i1.119 070,0in -13,4095 14,760,90 34,724Ati 25,274,40 17196..,, 2,7.50.00 5836% 500.1)0 90.111 (4)0 011 -32.101117 1.500,00 I ,6n5,0,) 105.190 7.O07, 150,00 0.00% 0.00 0 01 0.01 0.017; 75.00 0 10 (75.00) -.11.10.11075 101,696.011 011,6900 0.00 61,716.50 61,716.50 100.00)u 50,340.90 61,716.50 111.360.531 21.377n 41.5110.00 0,0000 0,00 0,00 1),110 0.(4(111 (LU)) IWO 0,110 011094. 2,749.00 50,011% 1,374,50 (,374.50 0.00 6.11075 1.374.50 1,374,50 (s70 0s07. 15,500.11(1 10121./n 0.00 0.10 0.00 0.00'6 0310 1.5,695.00 15,633110 100.011°u 5,1164,00 35.8419, 4,064.110 631,12 (3.433.531 a3-1.4671 4,564.00 4,347.01 (216.99) 34.757n 45,000.00 219.209�a 0510 0,110 0.00 0,007-1 15,000.00 93,2114A1 53.213311 1 115.215^-a 27,5110.110 .54,71%0 5,000.00 4.420,00 (55)1161 -11.6000 15,001,00 1.5,045,00 45.00 0.307, 278,129,110 86.44% 29,000.00 29,295.17 293.37 1.127a 160,3101.310 24113513 34 901,413.34 50.267, 175,00 67.05% 20,00 0.00 (20 001 -100.0074 75,00 117.34 4133 56.457u 1,215.00 1811,39% 100.1.111 525 00 225.00 73.110°6 670.60 2,295.00 1.625.0(1 242.5453, 2,000.00 0.110% 0.011 0.00 0,00 0s10. 2,010.00 0,031 12,100.010 ,,11)6.609, 4,000,00 27.03% 0,00 0330 0,00 0.00% 2,000,00 1.105.00 093.00) --4.757-, 45,000.00 69,2900 4,010.06 4,697.91 607.91 17.4.511 26.500.00 )1,179.71 .L679,71 17.6615 0.110 0,1111% 0.60 0.00 0 01 1300° a 0.161 0.01 0.310 0.11077 500,00 0.011% 0.00 11.00 0,00 0,0055 0.0(1 0.00 0.00 0.007a 3.500.00 110,53,7 300,00 0.00 (301100) -1110.001u 2,010,011 3.865,57 13568.57 914,377 55,0110.00 11.0w2 0310 0.00 0.00 0.007a 25,000.00 0.01) (25,000)0 - UM (11196 0410 )06.00e, 11.00' u I 3,485,514.00 66.333I, 1229,90131 1.466.172557 176,124.16 1432% 1,915,74931 2.311.6.91.13 490.2,11.15.1 (I: , .:1315. YID rnrichee notes fArli 110111 \VA Ciy r2IMM 10 0 ON folio parcel Rctlecls recN 06ni 129 nog and 11 nei0 commeigial (July includes S701, in re, enue Fur 131/ 91(1 not budgeted) Menially (ar)ange is ja151a throng issue (ari receipt of FtSA holds Actual groaner ihan budge( doe (9 an increased shale or market Reflects teen. From 129 new homes and I t nee:commercial units Full Vcar 111052il1 VI li Din:N.5E 131 incrr MIDGET ACTUAL Variance (5) VariAncc (1o) 8111751E0 ,1C111,1.1. 1,"4, ia lice (51 1 I 111.. 1litynr & Council 2016 % in chic 81,1n14 Nlontli Month 810,011 'CID 1.111 1-11.1 0 1 Soiaries 25,6911.0P 0.1111%, 12,815 Chi 0.00 12,815.00 1011.00/ 12,8-5.00 0,110 12,845.00 FICA Coniiihinion, 1,592.78 0.900) 796.39 0,00 79o.19 100110% 798,39 ION ;96.39 81,-di7ar, Comoholion,, 372,54 0.00% 186.27 0.00 186 2.7 100.00g, 186.27 0.00 154.27 Wotketi COgnpvw,alivo MOAN 2,63% 11.00 I UM 0,00 0.010/ 300,00 7370 292,10 18-11101170 500.00 0,11014 0.00 0,,JI, 0,00 1000) 251).011 0A01 2311,110 Ai 14e.c1 lancuus 5,no9,00 182.64% 0.00 018, 0.00 0.008/ $ ,000.00 9,132_06 (4,132.90) Duo & Subicnpriuns 11,5041110 116,0.1% 11810.00 652.58 317,42 3 1.74° / 7.0110.00 13,446.46 0.446.461 COniacmx, & Trainin 1.000.00 0110% 0.00 0.00 000 7/005', 511,400 0,00 500.0,1 Total )layor & Council i 45.955,32 49,15.4 14,827,66 682.5/1 14,145.08 95,4014 26,577.66 22,586,42 4,291.24 1320 - Ailniinistrollini FF Salaries 145,500511 77,76540 11,153 85 12,942.34 11.788.99i -1701.41, 83,653.55 112.145.14 129,094.20) PI Salarics 0.00 0.1100) 0.00 1,635.181 1 1.05.01,1 -100.001/ 0 110 .3,447,00 (3,447.00) PE.105Conti ,butions 10,875.00 74,717/a 536.54 1,195.72 (359. IS) 412.94.i 6,274.04 8,127,50 11,553.521 ICOIA 0911rd-unions 0,00 11.01.1 0.00 0,00 0.00 0.0074, 01111 0.041 0,01.1 FICA Contribulions 8,990.041 78.390) 691.54 1,034,14 (312 60) .49,54% 5.156.54 7,047,02 11,860,4i Medicare Contributions 2,102,511 78.37% 161.73 241.85 (80,(2) -19.51% 1,7.12.08 1.647.73 (431.75) lloallIoDontal Instimcc 311,550.110 53.42% 2,35000 2,110400 174.00 7.40% 17,625.00 16,320,00 1,305.00 llnertirloymen1 ilenefi is 0.00 0,00% 0,00 0.011 0.00 11,0011 0.00 0.00 01111 1101110!s Comp/in/anon 1,140.00 5.48.44% Ohl 0.01, 0,00 0,0050 1,140110 6,252.24 (5,112.24) ()nice Supplies 5.8110,00 58.898/, 475.1111 627.39 05159) 432.127-1 3.325.00 1,415.78 (9)178) Pri mod roans 040 1011.1308/4, 1/.00 0.00 0,00 0.1111040) 771.32 (771.321 Local Scrsices 60,000,00 286.850) 5,00000 33,844,39 (28.544139) -576,891, 35.00000 172,109.17 4137.109.171 Non shin/n/15'06w 8,0101.01, 0.0074, 0,00 0.110 0,011 0110% 4,000,00 01111 4,000.00 A640,4 i nil Seriics4 38,001100 62.61% 2.50,100 2,501E00 0110 0.00% 7_1.500,00 23,792.95 (292.95) Cons roc, Services 0.110 030075, 00,3 388.00 (368.)110 .100.00)8 1400 30100 1398.001 Poslatic 2,0110.00 89.54% 000 250.00 (25000) _100n0^i, 11100.00 1,790.75 j790.7,5) Miloup 550.0)) 34.38% 50.00 34,00 16140 32007/ 125,00 180,08 135,92 Lcal Publishing- 10,040110 45.13% 1,000.00 179,55 82/1.45 821157) 5,850.00 4.531.32 1.318.68 Irim,raucc 28,000,00 93.29% 0.00 0,00 0.00 0.007/ 2510000 26,121.00 1,879.00 Cable Dv/nation li.s.i/ensc 4,80111111 45.110% 400,00 I (.411,11 24/00 /10,004/ 2,80011,1 2,100,00 640.00 NI iseel lancous 600.00 6.1190) 50.0,1 1127.911 177.91 355.82% 350.00 41.35 308,65 Dues & Snbscrinrions 1.2110.00 156.14% 100181 0.01, (00.00 1,10 (1[11; 700.00 1,877,32 (1,177,321 Book, 0.00 11,000) 0.00 000 0 00 0.0040 0.00 040] 0.00 Con kronces S'. Inining 3.350,00 211.0050 253.00 0.08 250 00 101100% 2,100.110 670,00 1.430.00 51.311Dtceloionent 11.00 0.11014 000 14.00 0.00 orxr., iron 0,00 0.00 To110 Aolnilffigtrulion I 360,997.50 11.18.980) 25,015,66 57,061,17 (32,042.51) -128,07% 222,042,41 393,427.73 (171,385.32) inner iloi V113 1,10.107, 100 00', 10010% 97.37% 100.00 -52.10". -q2.119,b 100.111r., 15,97% 2016 share or 1.81C anneal rim male in Sept 2015 plus 191c,ro Chic, annual meoiltci ship of 53.78 & 7/51.1 for 851; /Ouch tiuillictod Dior in Om ycar 434.785, /107.0011 poiition realierAd to AtIrr,in 429..5114 0.00% •35.S7°,, -35.84"a. 7,11r, 448.149/ 42.731, -1011.00, -391,747a }TO Includos approsimately 5858 rclatoil 101/.111ro ^10100% 41.82% 22.54°, 6.71% 22.5614 88,1 9°,-, -168.19./ 00010 65.101, 0,001, -77.195/a 14I11- Llcninns 1'3 5531103s OIGce Supplies I cg,l Pnhlicaunni Nolilicaliun Lgn,q' lcul Repair County Llecl ion I°cea l'n nled furors Miscellan,,ous Total t)ectl©ns 1520. Finance FI' Salar•,e, P f Salaries PCRA Cnntribuiian=_ 31C 9 Cuntribuliuns Medlcalc C'cnlnhununs I lealthiDcnlal 140 Ira nee I lnconp11nnlcnl Bencfnn Workers Cu10(e14.n00n (,Nice 5uppbcs prime:) fern,: Audi1Scra663 Cnntrucl Scr ices Milelc Ali wcllancous Uucs & Subscnpliuns Conferences & Training Totnl Finance \I()4111 1.110INIFT A('111,11. 11a1-a0ce15) \`aria15cc1°-,1 13UI1 11 :1CT UAL 15I01011 Alvutlr Month \Inndl 1-111 1T0 12,000.00 0,1111°5, 0,00 0.110 11 C1 0.005., [Lon 0 (17 5011.00 0.0011% 000 OKI 1300 0.110" 000 U.00 000100 0.00% 901 0380 OLO 0.1107, o.on ()..on swum) u.0u r 6.01) 0 00 0,cn n.nna" 1100 11.00 950,00 124 72'L, 0.011 0.00 0.00 0_1107,, 9j0,611 1.2011.(80 1511.1111 11,0010 400 0.150 0.1111 0.004.0 0.00 (1)0 1,000.011 0,0056 (1 OI! 0310 (I 011 11.0070 0.011 0.011 15,800.00 7393+e 0.011 0.00 0110 0,0137,, 950110 1,200,1111 0.00 11.00 0.01, 0.00 ('-jn,l81) 11.00 0.00 (2513011) 60,610346 59,0710 4,653.35 4,759.70 (106.351 -219", )49133.10 35315.13 (918,131 -262", 4,550,00 151,79".% 350.101 2,415.19 12 165,191-390.0570 2,625.00 6.4197.6.1 (4,372.61/ •166.587, 4,838.53 60,48% 373.25 405,13 122983) -79690 2,813.18 7„9 6.73 1142.35)-5.06"0 4,041.19 62.8801, 3107) 229.7-1 1119531-38.5310 2,326.56 2,541.19 (211.631 -9'3", 945,12 623185' 72.55 100.50 (27,93) -38.531, 54-411 594,23 440,171 -9,125r 10,880110 60,007/, 836.02 57041i 133.3$)-4.00', 6,276.92 6,528.00 (251.15)-1.005„ 1300 0110% 0.00 11.00 0.00 0.00e, 0.011 11,00 0.00 O U0°', 550.00 43.121, 000 1)011 (100 0.13170 551200 237,16 312.53 56.930, 1,0110.110 17,15% 0.00 0.00 0.011 0.00', 8511.01) 171.53 67845 79.825, 5110.00 1h00'fo 0.00 21-1.01 (214310) •100.(105, 251301) 214.00 36.011 14.405, 28,650.110 91,411e (.011 3,035010 1.3.045190)-100.00'3, 26,151300 26,195.0n (453311-0.17e, 6,700.00 0.88% 525.00 3.14 516,56 98.397u 3,9110,00 59.0$ 3,1310.92 91149 50,00 0,00°/, 0.00 0.00 0110 0.0078 1300 0.00 0.0(1 0.0070 200,01.1 35.110% 11.00 0.00 0.110 tl 1105, 100.00 70 90 00.00 3000°', 750A0 22,67% 0.011 0.00 000 0.0117( 250011 170.01) 80.00 32.005, 500.00 n.nn',•) n.on 41101 0.00 1).(107; 0.00 0.01) 0.1h1 0.101,, 123.835.30 66.1374 7,123.28 12 249.111 (5,134.82)-71,9.110 81,517,117 82,539,72 (1,012,65)-1.24":, ;le.ak,3 Full Year I HIC.9 Ill 811) 11111261.7.4- I 731.712(;FE ACT1. lAL Vanance (H/ Yariaocii ",) 11).712G ET A3711;,11, 11an.ineu11) Varr6970 ' 19111. Planning Sr Zioling NI6 °n 10 •131,., 1 Nkinill Hloilill Aloud, 0Io,l, 11-13 'a ro 11 0 1-1.0 9300 ,161114011019.r IT 561arieis 137,098,011 63,39% 10,546,60 13,02220 i 2,476.69i .23.44)7 s 79,095,00 so,909.00 (7,314,76) -92.16% PT 0lla; ieu 43700.00 73.19% 1.200.00 1.824 110 1624.00i -52.00"n 3.6(91.1) 3,513.00 97.00 2.42', PERA Comnbui ions 10,132.35 03.39% 790 45 076.69 ((25.74) -23.489s 5.912.13 0,515.27 (380.09) .9.867. 17C37 Conuibut ions 8,500.0h 62.44% 05303 877.00 (27.3.15) .34.13". 4,901.89 5,100E62 (403.73) -8.7211, Medicare- Contributions 1,987,91 62.440i, 152.92 205.10 )52.110 -3,1.12". 1,715111 1.241.27 (94 39) -8.23% licalih/Dernal 105,11401er 34,614.00 39.8571s 2,079.00 1,850.00 338.00 30,92% 211.085 CIO 1,3,875.011 6.210.00 30.92% 9ildi kin s Cornpeosiii ion 800.011 60.24% 0.00 0.00 ROO 0,00% Silli 011 4H1.91 313.60 39.76% Developer been., efiget ..051 fil..(Aery 0.00 -I (LM 0.00 (07.39) 697.39 100,00? e 0.00 (7.23-1.901 7„7.14.00 110.001. Orrice Supplies 1,800.1111 31.337/. 150 00 96.97 51.03 34,02'e 1,030,00 563,99 486211 462'', Printed burins 750.00 0.009/s U.00 0301 0.100 101/.00% 500.00 0.00 500,00 1011.96iii Engineerbie 5erviC,:!: 211,000.011 52,67%. 2.500311) 670.05 1,630.00 05.211^, 12,500.060 10,574.76 1,923.24 15.40% contract Services 611,1101011 43,29% 0.00 1.727..10 (1.727.4),1 -100.097„ 30,00(301 25,0/5.94 4,021.116 i 3.4 1'1.; VTI) itochi:10 East ro,1,-, Si,,,,g ,9,,6,,,i,‘,,,, wial,i to 90ien1i01 BR I- hoe Postage Z00.110 3.23471. 0,00 0.00 0.00 4)4)0". 1000)' 6,45 93.55 91,55% blileage 250,011 27.23% 20.00 53,57 135.57) -I 77.851e 140.00 5557 84,43 00.31% bli scul lawns 5110.1111 1.2001, 40.00 0.00 40 On 100.009e 24)0,00 6.00 274.00 67,867e Dues & Subacriptioos 6170.00 3.33% 53 00 0.90 50.011 100,90% 359.00 20.00 J371.01.1 94,29% ifonli. 300.00 40.67% 25.00 122_00 (97.0(4) -388.117', 175,00 122.00 53.161 30.291. Conferences .9. Training 2,000.33 33.00°10 0.00 0.00 0.00 (1.011% 12100.00 000 00 340.00 34.00° ii Total Manning & Zoning I 7.114,682.35 52.20% 1.8,800.77 10,932.09 (1,175-371 - -112101'e 161,657.90 148096.59 13,061.31 8.08% 1930 - engineering Services Engineering Sernees 48,0011.00 45.54% 4.019660 3.30100 695.00 17..15' 28.030no 21 .Hb 1 55 6,136.45 21,02% Tolul Engineering 5 ersices 48,11011,00 45-54% 4,0110.00 3,302.00 696210 17.45% 28,000.01.1 21.801.55 0,1311,45 21,9267 1940- CDs 11101 Cleaning Supplies 50,110 0.110% 0.05 (1.0(1 000 03100), 25.00 building Repair Supplie, 3011.011 0,191% 25.00 0,00 25.00 100.190is 175.110 lltiliiies 7,51.10.017 35,44°/, 50000 397.31 102.49 211.5(14a 4225)1,60 Refine 600.00 112.94% 50.00 112.9,1 (62.9)/ -125118!.6 330.00 RepairOilaini COnlileltol Fikig 6,000.00 122,64% 500.00 320,05 171,3.3 34,670. 3,560.00 Rupairs9vlaini Contractual Equip 10,800.011 57.07479 9006111 1_209.53 (369.33) .41.06% 6,300.011 Facility Li.R.ie 29,532.011 58.33% 2,401.00 2.461.00 0261 R00% 17,277.00 ),Iircellanbous 300.00 419.63%. 25.00 (30.50 (1)15.50) -437 00% 175210 Timid Cily Ilan 5,5,087.00 64.17%( 4.461.00 4,698,13 (237.13) -5.32% 37,002,011 0416 25.00 0.00 173.00 2,658.13 1,591.87 67 7.64 027,64) 7,358.19 (1,1158.(9) 0.163.91 130.09 17,227 00 ROD 1.238.88 11.083.801 35.343,75 (3,341.75) 1110,Cri, IMMO° n 37.46°. .93.6 El". -110.23% YTD includes $1781101 to Capra for City Scoff connection work 2.167e 0.002. -519.3620 -19,44% 60(a1 Generul (,OVerroMcnl- 935,357,47 75,43114 74,737212 98,924,07 (2,1,686.751_ -31,15% 553,067.04_ 765,565,76 (152.498.724 -27.5745, DEPT 420 .. PUBLICSAFETY Full Sour 6(O021 I I N' TO 131.11-31E1' 131,IDGET ACTUAL Variance (51 Vat -lame 1°•,/ litmGrr AC-113AL Voriance I SI Variancr: 0'0 2100 • Police 2016 "0 in 11,00 Nfonth .0,lon0i 01on111 Month 1111 V-147 YIL7 Till la, Unforcemeni Connael 527,061447 48,22% 11,00 252,977.70 I 2 5 2.9 7 7 791 .104i 0020 263,530.24 2,93,612 02 9.918,22 3.765. tau ,,,ItItte billol out in July 160.1per00 in Juno. Total 0'or16, 527,1160.47 48,12107, 4400 252,977.79 (252,977.791 -1011.001/o 263.530.24 253,612.02 9,918.22 3.76 ./. 21511 o Prownlion Altilley Criininal 54,7110481 47.81% 4,514()551 879.52 19.55' o 3 I,S00.00 16.151.23 5,648.77 17.76% Torul Prosecution 54,7011,00 47.81% 4,500.00 3,620.47 879,53 19.5500 31,1300,01 26.151,23 5.648,77 17,7600 22211- Fire Fr &darks 7t65n02)0 57,861/o 5,407,69 5,511.32 1103.631 .I,92'9 40.557.67 40,67.1.17 (116 48) o0.:910 PT Salaries 1111,11011.06 43.2500 9,1 06,67 7,71.10.91 1.465.76 15.9911 64,166.67 47.573.32 16,53525 25.85", PERA Cr intlibutio,„ 11,388.60 65,97% 876,05 1,14932 (173.27) -31.19% 6.5711,35 4.51.3,02 1942.67) -14,331.6 FICA Coninbinions 7,388.33 46.7000 555.32 477.45 90,35 15.99% 4,262.50 3,450.51 811.99 19.05% Molicare Courrinutions 2,747,27 49.40"/0 211.33 134,55 26.78 12,6700 1,531.96 1,357.28 227.61 14.3700 Ilealihr17eni61 Insman4c 14,1146.00 54.96% 1,14100 1,038.00 54410 4.7300 8,565410 8,160,00 405 01-1 4.730,, Budeet moiutiett 50% of split employei, insunmee premium Unemployment 23enr111,5 1/.110 04107', il,(10 0.00 OA 0,0075 0501 0.00 0.110 0,0010) Workers Compensation 18,500,00 80.89% 9,00 0,110 0,00 11,001-0 18,500 CO 14,965.50 3.524,50 19.1100 (Mice. Supplies 850.00 121,5000 71400 63.32 6,65 9.540 .190,00 1,032,75 (542.781 ol 10.77% EMS Stipp' ks 3,400.110 15,25% 280.00 orin 780.00 100109, 1.960-00 518.56 1,441.44 71.5401 IA re Prevention 3,0110.00 2.11700 .250,011 0.00 250.00 100.00% 1,750410 963 011 1,688 00 96.460, F1631, Oil & Fluids 13,000,00 28.985', 1,117.5.00 532.14 542.86 50 5(12. 7.525.00 3.767 03 3.757,97 49.941 9 Small 'int.& & tow 12,000,0u 20.53% I S/00.011 romr 939..90 96.0011 7,000,00 2,463,44 4.5.16.56 64.81., Physic:Ili 3,9114,00 18,191/0 300.00 0 00 300,60 1110.0010 2 .400,01 714410 116146210 70 2.510 Radio 18,097.51 61.27% 0,011 107.00 (107.001 -100,005, 9,048.75 11.057,52 (1,023.77) -22.53'. Mileage 500,00 128.8400 40.00 0.00 40410 1110.041°, 300.00 6.1472 (344.27) -114.7410 Insurance 8,207,00 117.76% C.00 0.60 0,00 0.00% 8,307,00 7,290,011 1,0 I TUC 1 2,241. Electric 115lity- 15,5130.00 46.0900 1.260.03 650,77 549.23 45.77% 9,21800 7,143.64 2,056+,36 22.35", Retwie 1200.00 141,52% 1110.170 266.38 (166.38) -166.381, 700.01) 1,693.28 (998.25) ..142.6l71 Rcp,U0106i or 1114 1.5,250,00 19.5695 1,0011,110 29.93 970,02 97411l0 10,000.00 4:50 8 I 5.492,19 51.9270 RepairiNlaint Equip 254511.00 51.49% 2,100.00 1,77061 92929 42.7310 I 5,4120,410 13.206,411 2193,60 14.141 Irniforrns 4,100,00 2,08`Vo 300 0,2 0.00 ioomo ciiiro(p 2.,i017,10) 1119.90 2,290,10 95.421, Miscellaneous 2,11110.00 87.15°4 150.00 166.69 (16.601 '11,0770 1,150 DO i.742.97 1591971 ,51.560 Du-5 6 SkAlcrirtioni 3.8611.10 117.6700 120.0C 786.00 31.00 10„63°o 2240.00 2,615.00 (375J.10) -16.741, 00o0s 440.00 0,0000 10.00 (L9(0 40.00 100.00,'0 260_00 0.00 2611.00 100.00% CAmirence,i & Tr4irtin g 17,000.00 OAS% 0,00 3,186.89 (3,18),.89/ I 00,001. 0,600,00 11,811 3.5 13,811.351 .=47.00"6 Cunt-ear:rico & "raining (Re(mb) (6,0110.0111 0,0000 n 00 0.00 0.30 11.007„ 13,060 001 13,118100) 200.00 o6.677) Toral Fire I 377.231.71 50.61% 25,697,07 22,711,28 2,985,79 11,62% 129,337,92 190,913,7U 38,424,22 16.750/, 22511. Fire Wild Fire Stale Aid 37,323,00 0,00% 0.00 0.00 i1,110 0.00,5 0.00 0 00 0,00 0.0014 Ittittl Fire Relief 37.323,00 1.1.00°/,,` 0,00 OJAI 0,110 0,0000 0.00 0,00 0.00 0,011^/o netail,„5 2400 Building Inspec lion ri gglaries 'TEA CnnitiEgnogg FICA Canuitgotions Alcdiegre Coro rilltnionl f lath/Dental Insurance Ignemploymem Ilencing Viorgcr, Compensation 01E, Stigglk, Printed Eorros NO, (El Iluirls Engitternng In5p17etor Controct Ser. glilcagc Instrgnee Repairs011i‘im Egutp l/nilonng 15115(ellanou, Dugs 4. SobigrigtiotE Books New Imck Conferenteg & Vutintng Cuilding Inspeclinns 2500 - Entergrucy enturnttnientiotts Etnurgel gen.-keg Total Emergency Conmungientlang 2711n Control Primal Form, Ointraci Services Miseellanams flinpuunding) .1- vial Animal Comr01 Intgl Public Salel) Full Ycar MONTH 1' ri) 131210,,121' nunGET ,NCI UAL Egrigneg 17'1 17g041-17CO MIDGE 1 :17-11.1Al. Varranix (5/ 1.)16 'D 10 &Ile Month Alonh Month Alonth YTT) VI II )11) 168,171.00 51,12% 127146.22 I7283.7,9 6513.1 3.041. 07,021,73 15.'776 63 I 1.015.11.1 11,1512.83 47.4714. 910.22 921.1) .I '2 5.04°c 7,276E3 5.787,55 1,144.08 10,426,611 49.62°.g g027.15 713.31 602/4 8,571., 6.015.35 5.173,71 641.64 2.438,48 49.620,, 187.5S 171.51 16E7 0.57".. 1.400.82 1700.97 :96.5' 29,692.00 40.317/4 7,28.1.00 1m sg .no 1., t'ob.no 52,3V o 17,130.011 I I .96300 0, 02.01 1 07111 0.1111.4 0 nil 11.00 1101 0.007,, 0,00 0.110 0.1111 5,000,00 29,21164 000 t1.1.10 0,1111 11_011"o 2,500 7) 1,46361 1.036.19 2,100,00 52.7264 175.00 4E1 80 0.1.16.60/ -175.317.. 1.225.00 1,107 20 117.E11 700.0n 0,110°g, 0.04) 0E10 0,170 0.00g, 150.00 0E0 350.017 6.500.7111 8.0164 600.00 0,00 6110.00 ligyggy„ 3,7100 00 5.10.7.3 .1.2 707 14,001E00 17.57'!, 1,5'00.00 96.013 1,4114.00 9,3,01)',, 5.3011.1)0 2,459.75 5.g40.25 OM 100.0064 0.01.1 0.00 0.00 11.001, 1700 4.586.41 (4.57E6g 1) 200.00 fig1113/4 11.710 0.00 0.00 f 1)'il% 0,10 11.1111 0.00 9011.011 19.78% 141/11 0.110 0.00 0.04185 900.00 176110 712.00 171011-111) 1.99% 150,00 0.00 151400 101 11())(, 1050.00 15.83 1.014.17 850,00 0,00% 7(12n sumo (10.01)) ,44.2(I.10 490 00 81100 410.00 725.00 45.37% 75.00 0.00 75.00 I 00.00"- 405.00 318.94 76.06 7011.101 17_860, (10 )40 0,011 0400 1 un.nnr.r., 470.1)o 90.00 3111.00 725,00 1111.01°, 0,00 0.00 IWO 0,07'.% 725 DO 1570.101 (145.1,17) (Lon 0.0,17, 0 (17 0,07 6,17 tyno% o on (len cLoo 3,225,110 8.9964, 4500) 0E0 450.00 100.001, 1.850 00 290,110 i _5 00,01, 200,76.5.91 46,9164 20,260.08 15,055.111 4,404.27 21.7407 150,865 53 122,326,57 28,538.46 7,400.00 50.61% 0.011 0,01 0.110 11.00". 3.700,00 3,745.00 145 1511 Vol 1.-0w4. (a .1 Y I D I 1.3115. 17.771; 99o, 13.991-o 311.13°, 0.1107v 4 1.457., 100,07177, SO-30"n 70.367o -10100" S0,7724, gg.5017., 78,57g-, -20.017. 04/01n 51.164 18.92% 7.400,101 511.0164 0.00 0.00 0.00 11.000, 3,700.00 3,745 110 05.0111 -1 22./g 0.011 1E00% 01,15 (100 0.00 0.007° 0.01) 1700 0.711 7,550,00 72,52% 650E0 1,325.00 4673.011) -103.857a .1,3 00.(E) .5.475.00 (1,17gg(0) 0,00 11,00°A, o.on 0.011 0.00 0,[1(r!, 11.en (Lon 0.00 7.550.00 72.52117 650,00 1,325.110 (675.110) -1113.853 4,31)11.011 5,175.00 (1,17.5.1111) 0.110% -27.33% 0.00% -27.33% 72,021. 5 1,107.1.5„, 206,4911.3.5 (2,15.31.0.10) -4/111.13% 693,5.)2.09 602,223.52 81,310.17 I 1.911% UI'PT 430. 1'L911,1C 11'o141C\ Pu111-ear I 8,10'4I11 131500111 RUDGf1 4C 1 UAI. \arinncc 353 Variance CO - II CIUG L`1 Af'l'1;dt.. \4nlaace (0) \'nriance l°,I 311111 - roblie \Yorke 20 ib °s to din, 9lnnlh 91nn111 61, 06 Alnnlh 1" rA 9 l (1 1'TU 1-1-U 1 0 Salanes 169,779.01) 81,82 % 13,05`112 2,7,E-11.12 (1.1 09 )511I .1) i,65", _ 97JI9.4' (3') 9)3.),) 140,964.411 -I I,S_"" Julyn:11o: s pasnul of prior t)irrm,n 1'31) balance 15120 1'1 Sal,rius 7,000.00 0,11) 1,730,09 0,00 i.7i+tl,titl 100,,60, 12,2S01111 0(lrl 11,25000 101110"b P273,9 ('1)0191101 its 12,733.11 77,8799 979.49 1,569.52 (590.031-'0'-1', 7,31E 21 9,915113 (2,568.571-34.929„ 111 0111n In bnliuns 10,526_30 78,77% 3119,72 1650,17 1810,151 .113,019, 6,072.86 8,291.53 (2,218,07193653°, Alolicare Canlribuliens 2.461,90 78.78'4, 1149.37 336.110 (196,61)-103.83', 1,431.21 1,939.29 (319,02)-3654', Ilealililarn(al Insurance 44,759.00 58.91171, 3-443119 3,61(100 1167,00) -48579 25,812.511 10,304.110 1511.59)-2,10'' Uno0pl0,911enl DJcniiil.s 0.00 II.00'!, OM (111,9 000 0,i61', U,00 03J0 0II0 11.01)', Workers ('onlpen5at.0n 10,000,00 77,155% 0,00 U 00 (1.110 11.0(r, jj I6,p00 00 (3,977 59 1,072.4) 12.35', Mice Snpl0ic5 2,0011,00 47-19% 16500 541,43 1376,131 278,147; i 1,15500 947,76 207-24 17.94"s Shp Millet ta15 2,0110.00 96./129' 16.541(1 15.47 149.53 90.624; 1,133011 1936.34 (781,34) -67,659, Building Repair Suppl ic., 5011,1111 262.74'! 40,011 11,09 49.110 1011,(11)9,7 28(1,00 1,313.68 (1,1113,651 =369.1721, Small 1'nu15 4111 M or [quip (200,00 213.211 / 100,00 010 100,00 1011009., 700.00 2,558 42 11,558.42) -2,0, 4')'a Enyineeting Senlees 12,000.110 32,45% 1,0(0(00 77000 230.10 '3.1A11S 7,000410 3,594,50 3,105S11 44)369i• C'Pnlrac( Scrtiiccs 1,01(0,00 288.52% 0,00 638.50 16YS-5111-100.90% 500,00 2,1'8513 (2,383,15)-177.031. Raclin 1,300.0(1 47,55 ! 0 tut 0.00 0,1)0 1) 01p'-" 650161 613 13 3188 4 902i Mileage 1)33)) 0.00., 171)0 0.(1(1 0.00 0.001; 0.00 0lr0 0.011 0 0096 Insurance 16,0011411 94,4199 0,00 (1.00 11,011 0.09% 16f5130) 15.105.00 895,110 5.591" Glmaric I l9119, 28,11110410 44,99% 1.51)0,011 610456 889.44 59,301, 16,000.1)0 12.596.07 3,413.93 21.27210 Refuse 2500.00 60.00% 22=.011 216.67 8,33 370"b I.450.00 1.500.02 150.02)-3,.I5', 1=ucl, oil, Fluids (ALLdents) 43,119)1,UU 28.57% 2,300,00 1.602.19 897,81 35.91'c 25,900.-130 12,1e10.92 12699,08 52.110P:„ Repair/dlain( llldn 4,IIII0,n0 146,889/ 330.00 2=1506 35.00 25,76', 2,310.00 5,873.11 (1,,565,141-154-319, Repair/2,1,0m NOT Bldg 5011110 33,00" 40.110 0.01) 40,00 100.00% 280.00 16d179 115.01 41.0)(7', Repair/Mini-0 Camp / in) 2,4011,00 123,07% 210.01) 1,277,05 (1,077,85)-538,93eo Ir160,1.10 1,953.79 (1.,553.79)-110.991" Repair99.14 9 l pop (owl 5,11011,110 10 18 % 51111.00 0.00 319.00 I111) 0n". 3,000.110 518 53 2,181.17 82,71 "i Equipment Pans 8,000,00 4,41%, 725.00 5-00 723.00 1110,0119a 4,675.00 352.52 4,122,19 92409E Uniforms 2,61111,00 67_329/ 300,00 233.00 67,1)0 21.33', 2,101100 2,423.39 (323,591-15.4111 Aliseellancoin 1,0110.01/ 75,419a 150,00 210.00 (60.001-411(1)1, 60)100 753.95 (153.951-225.6E') Landscaping Idaierial 500,00 11,00 % 123110 U.110 125,011 1)101/09. 373.110 11.011 375.110 1)6(.011"0 Dues S Snbscnplions 200.00 49.50% 0.00 0,90 0.01) 0,0(19, 100,00 99.0)1 L01) I,110' , 1"on6remtt5 S Training 4,425.00 2.15 % 0.00 01)0 1)1)0 0,0119, 730.00 95 01) 655.011 37.337. Personal pmicclinn 196)7 cm 2,1110.110 n,11n% 2.n0,00 ow 200,00 100310, 1,410 (1)1 0.00 1.400911 100.119:, ('Ican up lays 5.501100 161.03% 0410 000 U,00 0,00"1, .9,500Lu0 8,857.78 (1.357,7S1-01,631', 1 null Pantie 1\`urls 1 411,284.21 47-3194. 28,496.50 41,268,08 (12,771.519-44,82% 261,141,26 276,851.84 (15,610.58) 31211-Strccl5 Lgmpment Paris 3,000.00 0,66% 250,00 19,91 '30.0s 92-11290 1,75000 1991 1.730,06 98867, Slreet Mai llali:041s 20,0011.nO 211,90% 3,100,00 001 311)0)51 1181,009s 13,001)00 1,179,72 \,n21128 67.83', Seal C-oalin:'Crack filling 210,00n,00 24,75, 0.00 2'_,0743'7 12.071371-II8.IA999 219,010111n 51,994,31 158,015119 75 5"0 1"1'U variance is a liming issue 81111 and Overlay 19 ogranl 1611,0011.H 0,007/9 0,00 0.011 11.00 0.00"b 1(41,11)0.011 0.1111 160,011100 100.011', VT€1 carianee is a timing_ issue Sig. Repair Muller,)), 2,500.0U 85.137%. 3110,00 0.00 300.n0 11H1.IID°, 1,600.141 2,126-07 1526,671-32,929, C'ommd Seniccs-Grncra! 10,1200.011 I8,I0^l, 2,4IJIf1.U0 91)0 2.II00,00 I110.1891, 6.00091 1809.71 4,190.29 69.8141, C0nlraci Ser ices- ROW 5,000,011 0,nll% (.01 (Lon 0.110 I,IR)11115 1 111 )61", 4; 100.00 0-0U =I,0U1100 11101M7, Rrp,,,'Alatnl Pgnipment 2500.00 24.879% "(11,8(1 77.41 112.59 (11.14°, 1,470.01 621.67 818.3) 57,71°a 10I91 Sircels 413,01111110 14.71 % 6,7611.00 2,168,72 4,591 78 67,9.1% 397,820.00 60,742,02 337,077,98 84.73% Ue1as#_7 Fell Year 3125 - Ice & Snuw Removal 13111)0(1T 1111UJL1 2016 °o le dm, 1.1onlh Iand,`e4Flog hlallaiel 750.00 11,00% 0.011 S.ant6S011 70,0110.00 15.96% 0,0e Cceoracl Sell i.es 4,0011.00 0A0?', p06 0op0 5)Mai nl 0qu1pulenl 12 5U0.101 0,84% 1,1001.00 Tonal ice &Snow Removal I 87,2,50.00 12,92%, 1,000.110 3160- 51 reel Li0hl1ng Street Lighting 26,400,00 55,8915 2,20000 TumlSlreel Lighting 26,400.00 55,8974, 2,200.00 3200- Recycling ILeclrlio0 Snpplics J 51/0,00 0.00% 11,0;e Tlucellancous 2,4011.011 0.110°', 200.01 Town Recycling 5,9111100 0.00% 2011.011 3250 - 1 ree Program Ctmhncl 5en-lces 1,1100,00 61.409') 309.00 Toni Tree program L000.00 61.15% 500.011 Tom! l'uhlie R'orL, i 944,834.21 3955°', 39.156.50 \R1N'I 11 ACTUAL irnee Month 0.nn 6,019.19 u.0'.a 11a 6,619,10 Mumu Roo 16.619,191 11.0e \',Inanoc I�,I blumh 0.00 -I00.n11':, UAW , -561.92% 19.1.7 090)e 19.111 11.90% 0 (11a 0.110 0.00^;, 11.101 200,1111 1,91.0 1" . 0.00 200.00 100.1111 0.011 5110 MI 1ia6,0 0,00 500.011 a00,01 52 236,12 (13,079,62)-33.41M 13ULI(it, r WE) 5J0.n11 35,11J11.01 2,:Mh! n11 25000 44.750.110 I5.4131!10 15,400,08 1,730.00 1,400.00 3.150.uu ITL) At' 111AL, Variance 1Sl VT1) rIo n,fin 5(50,011 11,1699.2 23. 1u,115 u.nn 2,060.00 175.14 7.144,86 I L-75,06 33.474.94 I4,75e.ue 643,91 14,756,0'1 643,91 II,IMO 0.00 0.0n 1,750.G1) 1,400 0,0 3,1511,110 I,011000 61450 38>SO 1,000.011 614,50 385,50 7235)61.2.6 304,239,51 359,121,75 100.00 65.09", Required coalydeted snit deliver- 100.1111', 9'n.55`it Credit ler niam100011ce eidelpetenl return 74.1111% 4.18 t Iu 1.0(91, 38 c5,' 38 5.5 49.05 Det0it_& I9E.PT 450CG1,T1'Hh:, HECIO}. 31'10 15111 Year I 5II)ATH IIU11GE1 131/IX71' r .\C11311. V6ri:ucu(5) Variance CO BUDGET AC111,11. Valiance nil 5'un:mc,1'41 520114 Parles 1, Recreation 2616 7, to dale \lonth .',tooth \ion01 Month VT!) S 113 YTU YT0 FTSalatics 115,254,00 40,023 7,56 6'i 7J65,20 1,500,L11 16'127, 66,493,69 477,156.21 19,3.7648 29.07^-, PT 3a18ncs 12,500.00 55-3751, 2,5111t00 5,207.00 !.2 707,(101-105.28334 15,750.00 17,1641.25 753.75 4,03 I'IcR3 ('sntnhinion8 8,644.05 44.295, 66493 489J7 2131,56 30,16', 4,9.3551 7,S25,0'l 1,161.56 23 (1', FICA Cmmihutinns 9.160,75 42.453, 704.67 7(41.13 (55;191 -7.87°, 3.255,05 3,858.39 1„196,66 264]"'. 516,11e6rc CCalliaatiuns 2,142,4.3 42.4.5 161.50 177.75 11295)-7.869, 1.236312 009.36 326,56 21.433-, Health/A:null lnsaraece 17,017,00 57.21% 1,363.00 1,430,50 12, 0 0.8311, 1!972.8n 10,8s( Oil 91,50 0.83".4 Unemployment [Inc iii, 0,00 11,110"%0 0.1111 0.011 0,00 1.1310°-, pain 0,00 (I Oil 000', Worke,s Com(tiru'atiun 4.70113011 7234i, 0.011 0.161 LL(hl 0.'70`5 4,750.00 4,3,10.16 3(9,54 7.667, PTO rdle615 couect:un l0 „)!Drat, limn YE billing to all de(as 815e6616(enuls 1,((00,00 135.85% 75011 55.4) 17,57 25.12°6 62.300 1,358,47 113347) 4117.367, Chem4;a18 1,500.011 42,26% 125.00 0.1111 12500 100001a 87500 633,85 241,15 27,503', 12g6ipnenl Ports 4,0110.00 12.22% 330,00 11.Un 330.60 I00.00'c 1,310.00 1.258.77 1.021'8 4421°4 Uuilding Repair Supplic: 500,00 1(7.13% 40,00 0.00 40.00 (00.110d: 280,00 555.6.1 (3115.6,0 .109.16°, l andscaping Materials 2,000.00 68.75%, 166.00 l iq.48 6.53 3.9536 1,162.00 1.375,97 (216.77( .15,67'-, Small Toolsand Sl.ltot Egnip 2,11011,00 41.18"+ 21)0,0n 3.99 166.111 95,01°6 I,230.00 073,62 426 3S 34.1184 1slilenge 11.00 0,00'3 0010 ROU II,00 081034 1,00 0.00 0.00 0.00°, Insurance 3,7.00,00 9622% 0,011 (1.00 0,00 0.0034 3,200100 3,079310 11100 3,78".', Electric Utility 9500.1111 55,43°/, 75(400 1,054.39 (364.37)-52.063' 5,400,01 5.265.46 134,54 2 49°, Re1o;c 1500.00 6.6711', 185.0a 0.00 123,00 15).110°, 975,00 10013, 775.00 Ss 571e ((cp:dr1\lninl Bldg 1,800.00 0.1111i, 150.00 0.00 150,00 (0000'u 1.050.00 0,00 I,O50A0 ( O0,IS1?, Rep.orf\)nine NOT Bldg 3,000,00 50,92% 251100 (('.2 167.68 6707', I.751400 (,527,74 222.26 12.703, Repair/1061rl Equip 150030) 133.79% 125.00 543,38 I47538) .314,70% 575,1/0 2y116,S3 11,131 S31412935', Mental HwW303s 60100.00 44.997/, 500 10 1.501,7.1 11,101.741 3220.3514 3,500.00 2,699.45 900.5' 22.673', Personal 1'ro)cctinn E9uipmcnl 1,200,110 25.825o I00.00 0.011 100,10) 160,01)°, 700)00 309,84 3'3).16 55,748, 6)),, oll.000u, 1,200.0U 1.57% liltl.p() 0.00 101.(11 1111703 u 700,00 22.42 677.58 96.50'-, 1'600 Pars & Recreation I 231,3211.23 47,59% 17,349,09 18,936.06 11586.97) -9,15 " 126,975,21 110,084.50 25,890,71 (9.635/, IT .3 Telephone 11.1l6i0ware 3,000,110 48,83 % (1.1111 0.00 0.00 0,1036 1,505357 1,1658110 35.00 2,338, I14)n71u'arc 11,156,00 60,54% 000 0.00 0.00 (L00^n 3.156,191 4,937.53 3,215.17 39.46°, IT -Support Soxiccs 50,000.00 58.97% 4,155,00 4,2)I23 816?51-1-11°a 29,1 5.00 29.453.75 (323.75)-1.13°,4 I1'-Nchrnrking 0,011 11.00% 000 0.00 060 I)110', 0.110 0,01 0161 000', 119E1'('ontingency 0,00 0,00'/a 11.00 0,110 000 0l1l"6 0,00 0,In1 0,00 0.50', Telephone 20,820,01) 54.24°a 1735,00 (S67.26 165,74 4.?52, 12,1.1500 11,2.92.59 852.41 7,02', Talal lT&Telephone 61.976.00 57_5.5', 5,900,00 5,7141,51 119,47 2,031Eo 511,956.011 47,179.17 3,776,83 7,41% Grand Tura) 311 Espcnscs S,,)rlotg(:Cel Income over EYpen,es UEPT 41,11- COMP AD,' Dchl Slrcicc Increase Transfer In CII) Projects (6lrce18l DEPT 491- (ITl1 1-1I5ANCING (:RAND T0'1AL L'\1' ALL UF:1'Ts I 3,485,514,00 3,) Income n,-er Ecpenses ! (LOW 0,00% 3,465,514.00 51,4293 187 750.06 466,586,60 (284,736.541-151.66% 2,147,803,20 1,781,113,29 314,323.91 14.66' 20,000.011 264934'), 43112,151,25 037,438,97 (108,012:8) 10,42% 1332,143.891 529,867,84 011,055.73-244,1993 20,000,00 11,0093 0.00 0510 41.0 0,0036 20.000.00 0,.31) 10,000.00 1003703, 11,00 03111% 0011 050 0.00 0.0096 /7,110 0410 000 1).0013-, 0.00 41.01'/, 0,00 0.00 n nn 0.iln";, 11.,01 0.110 0.00 0.00, 0,00 0,01184 0,00 0,00 010 11,0016 5.00 0.00 0,00 0,16.)°e 51,13'-4% 187,750,06 466,586,60 084,736,541-151,6630 2,167.393,211 1,782,113.29 334,8234)1 15.4434,. 939,438,97 (11)2,712,28) 0.86°rm 1352,34331')) SE9,867.84 882,011.71 750,479'° DetaiL6 ('ilv of Lake Hino 111-Idget 1' AMIN 2016 tiv Month As of lulv 31. 2016 206-Libraiv Fond By Department 8162016 Full Year Month V(1.) BUDGET 2016 2016 Over/ 2016 2016 Over, 7016 % to date BUDGET AcTuAl.s Moder) BLIDGFT ..\ crijm„,.8 (oder) Notes REVENUE Curran Ad Valorviii 'rases 256.957.0(1 50.0050 128,478.50 128,478.50 0.00 128,475.50 128,478.50 0.00 Funds received faun WA Cty July and December Rental Income 0.00 0,00% 0.00 11,011 0.00 0.00 0.00 0.00 Inierest Laming 0,00 0.00% 0,00 0.00 0.00 (400 0.00 0.00 Miscellaneous Revenue 0.00 0.0050 OLIO 0.00 0.00 0.00 0.00 0.00 Donation_s 0,00 100.0050 0.00 0.00 0,00 0,00 111,970.00 10,070.00 Includes grant proceeds of SBA (ruin fliciner FrIn Total Revenue 256,957.00 54,2750 128,478.50 125,478.5(1 0.00 128,178,50 139,148,50 10,970410 PENSE rOverlf (Over)! under under Fr Salaries 46,311.07 59.4250 3,680,84 3,807.85 (127.01) 26,796,50 27,517.65 (1,121.15) PT Salaries 26,260.00 53.5950 2,020.00 2,047,13 127.13) 15,150,00 14,071.88 1,078.12 PERA Contributions 4,277.55 72.9250 368.54 439,12 (70,58) 2,375.19 3.119.23 (744.04) HCA Contributions 7,479.51 71,35% 315.17 750.44 135.271 1,888.26 2,482,73 (594.47) Medicare Contributions S I 3.114 71.36% 73.71 81.96 (8-75) 441.63 580,68 (139,051 Health/Dental Insumnee 14,144.00 57_6950 1,058.00 1,088.00 0.00 5,160.00 8,160.00 0.00 Unemployment Benefits 0,00 0.00% 0.00 0.00 0.00 0,00 0.00 0.00 Workers Compensation 0,00 0,009(2 0.00 0.00 0.00 0,00 0.00 (1.00 Library svcs supplies 1,100,01 0.0090 91.67 0.00 91.67 641,69 0.00 641.69 Office Supplies 3,600.00 441250 300.00 361.78 (6(.78) 2,)0(1,00 1.392.02 507,98 Libmry Collection Maintenance 42,811.08 98.47% 3,000.00 7.469,57 (4,409,57) 31,500.0(1 42,157_56 (10,(257,56) Legal Services 1,500.00 223.88% 0.00 1,433.75 ((,433.75) 1,250.00 7,358,25 (2,108.25) Contract Services 6,000.00 0,00% saom °mu 500.00 7,500,00 0,00 3,500.00 Engineering Setvices 0.00 0.00% U.00 0,00 0,00 0.00 0.00 0.00 Telephone 1,560.00 71.74% 130 00 182.95 (52.95) 9 1041(1 1.119.13 1209.(3) Interne( 1,800.00 37_5750 150,00 50.64 99.36 1.050.00 676.28 773.72 Information Technology (Equine 3,100.00 0.00% 0.00 (1.00 0.00 3,100.00 0.00 3,100.00 Software 0.00 0.00% 0.00 0.00 0000 0.00 0.00 0,1)0 Insurance 2,000,00 81,8590 0.00 0,00 0.00 2,000.00 1,677.00 363.00 Utilities 7,500.00 44.59% 500,00 582.58 (S2.581 4,400.00 3,344.08 1,055,92, Refuse (200.00 94.8950 50.00 49.89 0.11 350.00 569.34 (2)9.74) Repinr/Maint 13142. 12,000.00 E49.39% 1,000.00 470.011 530.00 7,00000 17.926.75 1(0,926.75) Library Renovations Repair/Maint NO')' Bldg 0.00 100.00% 0.(10 0.00 0.01) 0.00 94.42 (94.42) Repair/Maint Equip tout-L11 Ina 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0,00 Library Cnrd Reimbursements 12,000.00 150,04% 0.00 5,617,00 (5,6(7.00) 17,000,00 18,004.67 (6,004.67) WA CI), Svc Yee 9,300.00 0.00% 1,000.00 0.00 1,00000 4,000.00 0.00 4,000.00 Tibial), Service Improvements 46,000.00 0,00% 0.00 0.00 0.00 46,000.00 0.00 46,000.00 Miscellaneous 1,800,00 20.55% 150.00 0.00 150.01.1 1,1150,00 369.94 680,06 Building Purchase RCp1/11 0.00 0.00% 0.00 0.00 0.00 0,1)0 0,00 0.00 Building-Plopeny Tax 1,00(300 0.00% 0.00 0,00 0.00 500.00 0.00 500.00 Other Eqnipment 0,00 0.00% 0.00 0,00 0.00 0,00 0,00 0.00 Subscriptions 0,00 0.009(2 0.00 0,00 0.00 0.00 0.00 0.00 Conferences & Training 7_500,00 12.00% 0,110 0,00 0,00 2,250,00 0.00 2,250.00 Programs 4,500.00 0.00% 600.00 0.00 600,00 2,700.00 0,00 2,700.00 humid charges 0.00 100.00% 0,00 0,00 0,00 0,00 10,00 (10.001 Total Library 256,957.00 57A 3% 15)117.93 2,1,032.66 (941)4,73 1811,713.27 146.791.6 I 33,921.66 Net Income/(Ex)Jeitse) 12/31/15 Cash Balmier. Net Income!(littpnsel Accrued Al' C(P (self )'unded) Conlingencies 2014 AP accrual reversal Ending Cash 0.00 113,460,57 (04,445.84 , 4.73) 152,234,771,. (7,343.11) 44.891,66 .7.95% -8194% 237,917.24 260.088.75 0.00 (7,343.1)1 10,87. (30,000.001 0.00 202.917.24 Jt 1:1T1'01 LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: COU CIL C U ICTIO Monthly Assessor Report Dan Raboin, City Assessor Cathy Bendel, Finance Director Cathy Bendel, Finance Director DATE: August 16, 2016 CONSENT ITEM #5 SUG(;ESTEI) ORDER OF 13t. IS IN ESS; 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 July 2016 outlining work performed on behalf of the City of Lake Ehno. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE H1STORY/BACKGROUND INFORMATION.: Property splits/plats — 1 Sales collected and viewed — Taxpayer inquiries — 13 Miscellaneous inquiries - 2 Inspections — Residential — 122; Commercial — Building permit reviews — 41 Pictures taken — 131 Other work performed included: • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work -- page 1 -- City Council Meet [Consent Agenda Item #51 August 16, 2016 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 July 2016 monthly assessor report. -- page 2 -- rn I r. GITY LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM #: 08/16/2016 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 July 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 129 59 16 Total valuation $41,733,774 $20,089,534 $9,561,282 Average home value $321,412 $340,501 $597,580 Total Permit Valuation YTD $70,728,763** $24,523,197 $12,843,123 *Includes one home rebuild due to lire **Includes ISD 916; $10M valuation RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the July 2016 monthly building pennit report. ATTACHMENTS: 1. Valuation Report 2. Permits Issued & Fees Report 3. Inspection statistic report for July 2016 Permit Kind CITY OF LAKE ELMO Valuation Report - Summary Issued Date From: 1/1/2016 To: 7/31/2016 Permit Type; All Property Type: All Construction Type: All Include YTD: Yes Permit Count Valuation Dwell Units Permit Type: BUILDING COMMERCIAL ALTERATION 1 $15,000.00 0 COMMERCIAL NEW CONSTRUCTION 2 $20,030,000.00 0 COMMERCIAL ROOFING 1 $123,500,00 0 COMMERCIAL SIGN I $97,000.00 0 COMMERCIAL TENNANT BUILDOUT 3 $998,629.00 0 COMMERCIAL TENNANT SPACE REMODEL 2 $297,900.00 0 PUBLIC ALTERATION 1 $12,500.00 0 PUBLIC GRADING 1 $2,000,000.00 0 PUBLIC REMODEL 1 $3,823,669.00 0 SINGLE FAMILY ACCESSORY BUILDING 2 $50,424.00 0 SINGLE FAMILY ADDITION I $4,500.00 0 SINGLE FAMILY ALTERATION 4 $88,200.00 0 SINGLE FAMILY ATTACHED NEW CONSTRUCTION -) 1 $3,907,131.00 0 SINGLE FAMILY BASEMENT FINISH 9 $277,970,00 0 SINGLE FAMILY DECK 23 $366,200.00 k SINGLE FAMILY DOOR 3 $12,888,00 0 SNGLE FAMILY DRAIN TILE WATERPROOFING 1 $10,000.00 0 SINGLE FAMILY GARAGE 3 $103,000,00 0 SINGLE FAMILY NEW CONSTRUCTION I OS $37,826,643,11 0 SINGLE FAMILY POOL 4 $161,000.00 0 SINGLE FAMILY PORCH 1 530,000.00 0 SINGLE FAMILY REMODEL I') $263,500.00 0 SINGLE FAMILY REPLACE/REPAIR 3 $33,319,00 0 SINGLE FAMILY ROOFING 1 $23,400,00 0 SINGLE FAMILY WINDOWS 21 $172,390.00 0 Permit "Fype: BUILDING - Total Report Total: Period 230 S70,728,763.11 0 YTD 230 570,728,763.11 0 Period 230 S70,728,763.11 0 YTD 230 S70,728,763.11 0 8/812016 Page 1 of 1 CITY OF E ELMO Permits Issued & Fees Revert - Detail by Address Issued Date From: 7/1/2016 To: 7/31/2016 Permit Type: All Property Type: All Construction Type: All Include YTD: Yes Status: Not Voided Permit# Date Site Address Permit Dwell Valuation Revenue Plan Check State Park SAC SAC WAC Total Fees Issued Count Units Surcharge Fees Units Fees Fees Permit Type: BUILDING Permit Kind: COMMERCIAL ALTERATION Permit Kind: COMMERCIAL DEMOLITION Permit Kind: COMMERCIAL FIRE ALARM 2016-00791 07/28/2016 8519 EAGLE POINT BLVD N 2016-00792 07/2S/2016 8574 EAGLE POINT CIR. N Permit Kind: COMMERCIAL FIRE SUPPRESSION Permit Kind: COMMERCIAL GRADING 2016-00860 07/07/2016 820 MANNING AVE N Permit Kind: COMMERCIAL HVAC Permit Kind: COMMERCIAL NEW CONSTRUCTION 20 16-00927 07/29/2016 8568 EAGLE POINT BLVD N Permit Kind: COMMERCIAL ROOFING 0 0 100.00 1.00 101.00 153.00 1.00 154.00 125.00 125.00 0 15,200,000.00 70.821.65 2,010.00 5.000.00 77,831,65 2016-00905 07/21/2016 11299 STILLWATER BLVD N 0 150.00 1.00 151,00 Permit Kind: CONIMERCIAL SIGN Permit Kind: COMMERCIAL TANK REMOVAL Permit Kind: COMMERCIAL TENNANT BUILDOUT 2016-00856 07/18/2016 9242 !1IAMON BLVD N 200 0 20,000.00 561.40 247.91 10.00 819.31 Permit Kind: COMMERCIAL TENNANT SPACE REMODEL Permit Kind: COMMERCIAL WATER TOWER 2016-00890 07/28/2016 1341 INWOOD AVE N 0 1,018,50 1,018.50 Permit Kind: MANUFACTURED DOME ROOFING Permit Kind: PUBLIC ALTERATION Permit Kind: PUBLIC GRADING StS/20 I 6 Permit?"' Date Issued Site Address Permit Type: BUILDING Permit Kind: Permit Kind: Permit Kind: Permit Kind: 2016-00903 07/21/2016 Permit Kind: Permit Kind: Permit Kind: 2016-00329 07/07/2016 2016-00832 07/07/2016 2016-00833 07/07/2016 Pernik Kind: Permit Kind: 2(216-0(1910 07/27/2016 2016-00854 07/05/2016 20 I 6-00908 07/26/2016 2016-00914 07/26/2016 2016-00892 07/26/2016 Permit Kind: 2016-00928 07/27/2016 Permit Kind: Permit Kind; Permit 20 16-009 16 07/26/2016 Permit kind: Permit Dwell Count Units PUBLIC NEW CONSTRUCTION PUBLIC REMODEL SINGLE FAMILY ACCESSORY BUILDING SINGLE FAMILY ADDITION 8645 LAKE JANE TRL N 0 Valuation Revenue Plan Cheek State SUrcharge 4,500.00 SINGLE FAMILY ALTERATION SINGLE FAMILY ATTACHED FIRE SUPPRESSION SINGLE FAMILY ATTACIIED NEW CONSTRUCTION 9872 5T1'I ST LANE N 9874 5T1-1 ST LANE N 9876 5TH ST LANE N SINGLE FAMILY BASEMENT FINISH SINGLE FAMILY DECK 11173 3RD ST N 11143 41-1-1 ST N 9203 55TH sT N 513 JUNIPER CT N 4160 LADY SLIPPER RD N 0 0 0 0 0 0 SINGLE FAMILY DEMOLITION 10112 IOTII ST N 0 SINGLE FAMILY DOOR SINGLE FAMILY DRAIN TILE WATERPROOFING SINGLE FAMILY GARAGE 8641) 42ND ST N 0 SINGLE FAMILY MANUFACTURED HOME Permit Kind: SINGLE FAMILY NEW CONSTRUCTION 2016-00858 07/29/2016 11573 32N1) ST N 2(116-00838 07/22/2016 11587 32ND ST N 2))16-00876 07/25/2(116 11725 32N1) ST N 8/812016 0 0 236,000.00 220.000.00 236,000.00 14,000.00 4,000.00 5,0(10.00 18,500,00 11,000.60 60,000 00 329,000.00 381,000.00 337.0(10.00 133,15 2,779.65 2,671.65 2,779,65 282.10 I 16,60 133.15 364.85 232.45 200,00 848.65 3.407.40 3,758.40 3,461.40 86.55 1,368.02 1,297.82 1,368.02 183.37 75.79 86.55 237.15 151,09 551,62 1,776.06 2,004.21 1,811.16 2.25 118.00 110.00 118.00 7,00 2.00 2.50 9.25 5.50 1.00 30.00 164.50 190.50 168,50 Park SAC Fees Units 2,500.00 2,500,00 2,500 00 0.00 5,000.00 5,000.00 5,000.00 SAC Fees WAG Total Fecs Fees 3,435.00 1,000.00 3,485.00 1,000.00 3,435.00 1,000,00 1 3.485.00 1,000,00 1 3,485.00 1,000.00 I 3,485.00 1,000.00 221,95 11,700.67 11,514,47 11,700.67 472,47 194.39 222.2(1 611_25 389,04 20 1.00 1_430 27 15,182.96 15,738.11 15,276.06 P(I2.e 2 of 7 Pertnit# Date Site Address Issued Permit Dwell Count Units Valuation Revenue Plan Check State Park SAC SAC WAC Total Fees Surcharge Fees Units Fces Fees Permit Type: BUILDING Permit Kind: SINGLE FAMILY NEW CONSTRUCTION 2016-00862 07/22/2016 1 1740 32ND ST N 0 375.000,00 2016-00843 07/22/2016 11743 32ND ST N 0 408,000.00 2016-00754 07/13/2016 11091 4TH ST N 0 239,000.00 2016-00827 07/20/2016 11419 BLAZINGSTAR LN N 0 400,000.00 2016-00837 07/27/2016 9096 JADE CIR N 0 297,000.00 2016-00866 07/12/2016 9052 JADE CT N 0 307,000.00 2016-00365 07/12/21)16 9088 JADE CT N 0 319,000.00 2016-00756 07/05/2016 4075 LADY SLIPPER RD N 0 307,000.00 2016-00857 07/13/2016 396 LANGLY AVE N 0 330.000,00 2016-00393 07/28/2016 3232 LINDEN LN N 0 325,000.00 2016-00875 07/21/2016 8708 LOWER 3TH PLACE N 0 278,000,00 Permit Kind: SINGLE FAMILY POOL Permit Kind: SINGLE FAMILY PORCH Permit kind: SINGLE FAMILY REMODEL Permit Kind: SINGLE FAMILY REPLACE/REPAIR 3,717.90 1,977 89 3,940.65 2,122.67 3,137„40 1,600.56 3,946.65 2,087,57 3,191.4(1 1.635.66 3.258.90 1,679,54 3,339.90 1,737..19 3,866.40 2,074.41 3,354.15 1,780.45 3,380.40 1,758.51 3,003.15 1,552,30 137.50 5.000.00 204.00 5,000.00 144.50 5,000.00 200.00 5,000.00 148.50 5,000.00 153,50 5,000.00 159,5(1 5.000,00 198.50 5,000.00 165,00 5,000.00 162,50 5.000.00 139,00 5,000,00 Permit Kind: SINGLE FAMILY ROOFING 2016-00867 07/08/2016 4033 351'11 ST N 0 150.00 1.00 2016-00853 07/05/2016 8982 33T14 ST N 0 150,00 1.00 2016-00873 07/11/2016 9805 53RD ST N 0 150.00 1.00 2016-00919 07/25/2016 5011 ISLE AVE N 0 150.00 1.00 2016-00923 07125/2016 1571 IVY AVE N 0 150,00 1.00 7016-00934 07128/2016 4132 KIRKWOOD LN N 0 150.00 1,00 2016-00936 07/29/2016 5294 MARQUESS 'I'RL N 0 150.00 1.00 Permit Kind: SINGLE FAMILY SIDING 2016-00872 07/11/2016 3065 KLONDIKE AVE N Permit Kind: SINGLE FAMILY TANK REMOVAL Permit Kind: SINGLE FAMILY WINDOWS 2016-00850 07/05/2016 8310 27TH ST N 2016-00921 07/25/2016 7303 50111 ST N 2016-00843 07/01/2016 9077 JANE RD N 2(116-0089) 07/13/2016 1145 LEEWARD AVE N 8/8/2016 0 0 0 1,500.00 4,593.00 15,950.00 3,35(1.00 150 00 1.00 65.00 0.75 133_15 2.30 315.20 7.97 116.60 1.67 3,485.00 1,000.00 3,485.00 1,000.00 3,485.00 1„000.00 3,485.00 1,000,00 3,485,00 1.000.00 3,485.011 1,000.00 3.485.00 1,000.00 3,485.00 1,000.00 3.485.00 1,000.00 3,485.00 1,000.110 3,485,00 1,000.00 15,718.29 16,102.32 14,717.46 16,069.22 14,810.56 14,92.6.94 15,066.59 15,974.31 15,134,60 15,136.41 14,529.45 151.00 151.00 151,()0 151.00 151 00 151 00 151 00 151.00 65.75 135,45 323,17 118.27 Pztie 3 of 7 Permit# Date Site Address Permit Dwell Valuation Revenue Plan Cheek State Park SAC SAC WAC Total Fees Issued Count Units Surcharge Fees Units Fees Fces Permit Type: BUILDING - Totals Period 44 0 20,826,393.00 VTD 307 0 70,728,763.11 Permit Type: MECHANICAL Permit Kind: CONIMERCIAL ALTERATION Permit Kind: COMMERCIAL HVAC 2016-00887 07/15/2016 8625 EAGLE POINT BLVD N 2016-00904 07/20/2016 8669 EAGLE POINT BLVD N 2016-00895 07/18/2016 3459 LAKE ELMO AVE N Permit Kind: COMMERCIAL NEW CONSTRUCTION Permit Kind: MANUFACTURED HOME IIVAC Permit Kind: SINGLE FAMILY BASEMENT FINISH Permit Kind: SINGLE FAMILY FIREPLACE 0 0 0 133,047.00 31,247.07 5,853.69 82,500,00 17 59,245.1)0 17,000.0(1 522,816.85 2-12,288.33 29,910.10 663,690.00 133 496,505.00 175,000.110 335,142.76 2,177,160.2S 75.00 1.00 76 00 60.00 1.00 61.00 60.00 1.00 61 00 Permit Kind: SINGLE FAMILY IIVAC 20 i O-00899 07/19/2016 9844 57TH ST N 11 124.00 1.00 125.00 2016-00915 07/22/2016 8243 DEMONTREVILLE TRL N 0 120.00 1.00 121.00 2016-00911 07/21/2016 8449 DEMONTREVILLE TRL N 0 60.00 1.00 61.00 2016-00907 07/21/2016 8320 1 IIDDEN I3AY TR1. N 0 120.00 1.00 121.00 2016-00898 07/19/2016 8657 IRONWOOD TRL N 0 61.00 1.00 65,00 2016-00913 07/22/2016 -117 I IRVIN CIR N 0 120.00 LOU 121.00 2016-00849 07/05/2016 5170 JAMACA BLVD N 0 120.00 1.00 121.00 2016-00939 07/29/2016 2927 JONQUIL TRI.. N 0 60.00 1.00 61.00 2016-1)0877 07/12/2016 4088 LADY SLIPPER RD N 0 60.00 1.00 61.00 2016-00897 (17/18/2016 2575 LAKE ELMO AVE N 0 60.00 1.00 61,00 2016-00925 07/26/2016 8528 LAKE JANE TRL N 0 60.00 1.00 61_00 2016-0(1583 07/13/2016 2675 LEGION AVE N 0 120.00 1.00 121.00 Permit Kind: SINGLE FAMILY NEW CONSTRUCTION 2016-00844 07/01/2016 11075 3RD ST N 0 180.00 1.00 181.00 2016-00881 07/13/2016 11135 3RD ST N 0 60,00 1.00 61.00 2016-00912 07/22/2016 11158 3RD ST N 0 60.00 1.00 61.00 2016-00851 07/05/2016 1654 IVY AVE N 0 60.00 1.00 61.00 2016-00846 07/0E2016 712 JUNIPER AVE N 0 60.00 1.00 01.00 8/8/2016 Paee 4 of 7 PermitN Date Issued Site Address Permit Type: MECRANICAL Permit Kind: 2016-00864 07/07/2016 2016-00896 07/18/2016 2016-00935 2016-00880 7016-00882 2016-00852 201 6-0(19(16 07/28/2016 07/13/2016 (17/13/2016 07/05/2016 07/21/2016 Permit Kind: Permit Dwell Count Units SINGLE FAMILY NEW CONSTRUCTION 11091 LADY SLIPPER CT N I 1091 LADY SLIPPER CI N 8727 LOWER 8TFI PLACE N 8737 LOWER 8TH PLACE N 8742 LOWER 8T1-1 PLACE N 4176 MONARCH CT N 9485 WI IISTLING VALLEY ]RI. SINGLE' FAMILY REPLACE/REPAIR Permit Type: MECHANICAL - Totals 0 0 0 0 0 Period 27 I/ 1-11) 294 0 Valuation Revenue Plan Check State Surcharge Permit Type: PLUMBING Permit Kind: COMMERCIAL FIXTURE INSTALLATION / APPLIANCE 2016-00922 07/25/2016 11194 36TH ST N 0 2016-0092(1 07/25/2016 9220 HUDSON BLVD N 0 Permit Kind: COMMERCIAL NEW CONSTRUCTION Permit Kind: COMMERCIAL SEWER CONNECTION Permit Kind; MANUFACTURED HOME FIXTURE INSTALLATION / APPLIANCE Permit kind: PUBLIC FIXTURE INSTALLATION / APPLIANCE Permit Kind: PUBLIC SEWER CONNECTION Permit Kind: SINGLE FAMILY BASEMENT FINISH Permit Kind: SINGLE FAMILY FIXTURE INSTALLATION / APPLIANCE 2016-00874 07/11/2016 -1088 LADY SLIPPER RD N 2016-0(1924 07/25/2016 4129,5 LAKE ELMO AVE N 0 0 Permit Kind: SINGLE FAMILY NEW CONSTRUCTION 2016-00845 07/01/2016 11075 3RD ST N 0 2016-00863 07/07/2016 11091 LADY SLIPPER CT N 0 2016-00870 07/11/2016 8669 LOWER 8TI I PLACE N 0 8/8/2016 180.00 120.00 60.00 60,00 60.00 60.00 180.00 2,423.00 64,673.92 60.00 60.00 60.00 60.00 180.00 180.00 60.00 I 00 1 00 1.00 1.00 1 00 I 00 I 00 27.0)) 1,361,71 1.00 1.00 1.00 1.00 1,00 1.00 1.00 Park SAC SAC Fees tlnits Fees WAC Total Fees Fees 131.00 121 00 61.00 6 1.00 61.00 61.00 181.00 2,450.00 66,035,63 61.00 6(.0(1 61.00 61.00 181 00 181.00 61.00 Page 5 01'7 Perinit# Date Site Address Permit Dwell Valuation Revenue Plan Check State Park SAC SAC WAC Total Fees Issued Count Units Surcharge Fees Units Fees Fees Permit 'Fyne: PLUMBING Permit Kind: SINGLE FAMILY NEW CONSTRUCTION 2016-00868 07/11/2016 8672 LowtER 8111 PLACE N 0 60.00 1,00 61.00 2016-00884 07/14/2016 8689 LOWER 8TH PLACE N 0 60,00 1.00 61.00 2016-00869 07/11/2016 8692 LOWER 8TH PLACE N 0 60,00 1.00 61.00 2016-00885 07/14/2016 8718 LOWER 81T1 PLACE N 0 60.00 1,00 61.00 2016-00861 07/07/2016 8758 LOWER 8TH PLACE N 0 180.00 1,00 181.00 2016-00840 07/05/2016 9485 WHISTLING VALLEY 'IRL 0 60,00 1,00 61,00 2016-00841 07/01/2016 9485 wilisTLING VALLEY TRL 0 180.00 1.00 181.00 Permit Kind: SINGLE FAMILY REMODEL Permit Kind: SINGLE FAMILY REPLACE/REPAIR 2015-00901 07/25/2016 10917 32ND ST N 0 60.00 1,00 6 1.00 Permit Kind: SINGLE FAMILY SEWER & WATER CONNECTION 2016-00879 07/12/2016 3631 LAVERNE AVE N 0 60.00 1,00 61.00 2016-00886 07/15/2016 3645 LAVERNE. AVE N 0 60.00 1.00 61,00 Permit Kind: SINGLE FAMILY SEWER CONNECTION Permit Kind: SINGLE FAMILY WATER CONNECTION Permit Kind: SINGLE FAMILY WATER HEATER Permit Kind: SINGLE FAMILY WATER SOFTNER 2016-00938 07/29/2016 9866 511! ST LANE N 0 60.00 1,00 61.00 2016-00937 07/29/2016 9916 51H ST LANE N 0 60,00 1.00 61.00 2016-00931 1)7/27/2016 9554 7T11 ST N 0 60.00 1.00 61,00 Permit Type: PLUMBING - Totals Period 20 11 N'TD 272 0 Permit Type: ZONING Permit Kind: COMMERCIAL FENCE Permit Kind: COMMERCIAL SIGN Permit Kind: SINGLE FAMILY ACCESSORY BUILDING 2016-00842 (17/01/2016 8650 271'11 ST N 0 S/8/20 16 1,680.00 35.810.00 75.00 211.0)) 444.1)0 1,7110.00 12,000.00 48,254.00 75.00 l'agc 6 of 7 Permit# Date Site Address Permit Dwell Valuation Revenue Plan Check State Park SAC SAC WAC Total Fees Issued Count Units Surcharge Fees Units Fees Fees Permit Type: ZONING Permit Kind: SINGLE FAMILY ACCESSORY BUILDING 2016-00902 07/19/2016 824 1 HIDDEN BAY "11:1, N 0 75.0D 75.00 2016-00933 07/28/2016 0 NONE AVAILABLE 0 75.00 75.00 Permit Kind: SINGLE FAMILY DRIVEWAY' Permit Kind: SINGLE FAMILY FENCE 2016-00918 07/27/2016 3560 KELVIN Cl' N 0 7500 Permit Kind: SINGLE FAMILY PATIO 2016-00847 07/05/2016 11079 4111 SE N 0 75.00 Permit Type: ZONING - Totals Report Total S/8/20 16 Period $ 0 375.00 VTD 23 0 2,165.00 Period 96 0 520,826,393.00 YID 896 0 $70,728,763.11 137,525.00 31,247.07 5,900.69 82,500.00 17 59,245.00 17,000.00 625,465,77 242,288.33 31,715.81 663,690,00 133 496,505.00 187,000.00 75 00 75 00 375.011 2,165.110 339,667.76 2,293,614,91 Page 7 o 1'7 Inspection Type CITY OF LAKE FLIVIO Inspection Statistics Report - Detail Actual Date From: 7/1/2016 To: 7/31/2016 Permit Type: All Property Type: All Construction Type: All Pass Fail No Status Reinsp Period Total YTD Total ACCESSIBILITY 0 0 0 0 0 2 ENGINEER ACCEPTANCE LETTER 1 0 0 0 I ADDITION FINAL 0 0 0 0 0 1 AS BUILT 39 0 0 0 39 74 AIRTEST 1 0 0 0 1 8 BUILDING FINAL 16 4 0 2 72 179 DECK FINAL 2 I 0 0 3 16 DECK FOOTING 0 0 0 0 0 4 DEMOLITION FINAL 0 0 0 0 0 I DECK FRAMING 0 0 0 0 0 I DRAINTILE 0 0 0 0 0 1 ELECTRICAL FINAL 6 0 0 0 6 129 ELECTRICAL ROUGH IN 2 0 0 0 2 61 EMERGENCY LIGHTING 0 0 0 0 0 3 ESCROW FINAL 48 2 0 0 50 77 FIRE ALARM FINAL 0 0 0 0 0 I FOUNDATION INSULATION 1 0 I 0 2 12 FENCE FINAL 0 2 0 0 2 6 FINAL 6 I 0 0 7 32 FIREPLACE ROUGH IN 15 1 0 0 16 126 FIRE 0 0 0 0 0 3 FOUNDATION 15 0 1 0 16 I4-.) FOOTINGS/SLAB 28 2 0 I 31 212 FIREPLACE FINAL 0 0 0 0 0 3 FOUNDATION PRIOR TO BACKFILL 0 0 0 0 0 5 FRAMING 2 0 0 0 0 0 5 FRAMING 28 2 I 2 33 220 FRAMING ROUGH IN 1 0 0 0 1 7 FIRE RATED WALL ASSEMBLY 0 0 l 0 1 1 FIRE SEPERATION WALL 4 0 0 0 4 42 FIRE SUPPRESSION FINAL 4 2 0 0 6 28 FOUNDATION / WATERPROOF / DRAIN 15 0 0 0 15 123 GASLINE t PRESSURE TEST 14 1 0 2 17 160 GRADING 0 0 0 0 0 2 HEATING ROUGH 2 5 0 0 0 5 12 HOUSE WRAP 0 0 0 0 0 6 IN FLOOR. HEAT AIR TEST 2 0 0 0 2 6 INSULATION 17 3 3 3 26 165 KLMA ACCEPTANCE REPORT 0 0 0 0 0 1 LATH 19 1 0 1 71 98 FIEATING FINAL 23 2 0 2 77 171 HEATING ROUGH IN 29 0 0 1 30 194 FIRE SPRINKLER ROUGH 0 0 0 0 0 19 OCCUPANCY FINAL 0 0 0 0 0 3 OTHER. 0 0 0 0 0 2 PIER FOOTINGS 0 0 0 0 0 1 PLUMBING BASEMENT ROUGH 0 0 0 0 0 3 PLUMBING FINAL 30 0 0 0 30 19c, POOL FINAL 0 0 0 0 0 1 PLUMBING ROUGH IN 21 1 0 2 24 176 PLUMBING ROUGH 2 0 0 0 0 0 2 8/8/2016 Page 1 of 2 Inspection Type Pass Fail No Status Reiusp Period Total YTD Total PLUMBING UNDERGROUND 17 0 0 1 18 139 RADON POLY 24 2 0 2 28 134 REINSPECTION 0 0 0 0 0 I REMODEL FINAL 0 0 0 0 0 5 ROOFING FINAL 5 0 0 0 5 27 ICE & WATER 4 0 0 0 4 79 ROUGH 1 0 0 0 I 5 SEWER & WATER 15 0 0 0 15 126 SEWER 0 0 0 0 0 I SHEATHING 0 0 0 0 0 2 SIDING FINAL 0 0 0 0 0 7 FOOTINGS SIGN 0 0 0 0 0 1 SILT FENCE 3 0 0 0 3 33 SITE MEETING 1 0 0 0 1 I SPRINKLER FINAL 0 0 0 0 0 ) _ SPRINKLER ROUGH IN 0 0 0 0 0 ? STRUCTURAL STEEL 0 0 6 0 6 6 STORM SEWER 0 0 1 0 1 10 15" Buoy per ordinance 0 0 0 0 0 2 TANK REMOVAL 0 0 0 0 0 2 UNDERGROUND 0 0 0 0 0 7 VBWD PERMIT 0 0 0 0 0 I VISUAL 0 0 0 0 0 I WATER SOFTNER 0 0 0 0 0 4 WINDOW REPLACEMENT I 0 0 0 1 19 Report Totals 463 27 14 19 523 3,316 8/8/2016 Page 2 of 2 (AVY KE ELM() AY COU CIL CO U ICATIO DATE: August 16, 2016 CONSENT ITEM #7 MOTION AGENDA ITEM: Monthly Fire Department Update SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: City Administrator SUMMARY AND ACTION REQUESTED: Review monthly activity update from fire department. Advise on any additional infonnation requested. STAFF REPORT: 28 calls for the month ofJuly. Fire — 3 EMS — 15 Hazardous (Gas line struck) - 1 Good intent Call — 1 Accident with Injury - 5 False Alarm -1 Search and Rescue — I Special incident call — 1 10 of the 28 calls had 3 or less responders on apparatus from the stations. Our monthly average response time was 7 minutes. Department drills for the month were: #1 - Officer meeting. #2 - Electrical and Gas Emergency response. #3 — Wildland Search and Rescue in Sunfish Park 3 staff attended a CEU make-up class for Flammable liquid response. POINTS OF INTEREST: On July 4th, we brought a truck and participated in the Annual Kid's parade. -- page 1 -- City Council Meeting [Consent Agenda Item #7) August 16, 2016 We were on a nearly 4 hour Search and Rescue call this month in the Park Reserve involving a coordinated search with Law Enforcement; Park Staff; and a State Patrol Helicopter. One member completed and is now a Nationally Registered EMT bringing our total up to 3. -- page 2 -- LEFD monthly recap Time Diff : Alarm - Arrival Fire Incident Type .ocident Number (F01.5): 000214 00:10 Building fire 00:10 Building fire 00:10 Building fire 00:10 Building fire 00:10 Building fire Incident Nuinber (F01.5): 000215 Incident Arrival Time Incident Date Apparatus Personnel Apparatus (FD1.27) (FD1.3) Number of People ID 16:40:00 7/1/16 3 3170 16:40:00 7/1/16 4 3175 16:40:00 7/1/16 2 3186 16:40:00 7/1/16 1 CV1 16:40:00 7/1/16 1 CV2 00:09 EMS call, excluding vehicle 20:35:00 7/2/16 1 3170 accident with injury 00:09 EMS call, excluding vehicle 20:35:00 7/2/16 1 3173 accident with injury 00:09 EMS call, excluding vehicle 20:35:00 7/2/16 2 3183 accident with injury Incident Number (FD1.5): 000216 00:16 Alarm system activation, no fire - 22:34:00 7/4/16 1 3170 unintentional 00:16 Alarm system activation, no fire - 22:34:00 7/4/16 2 3175 unintentional 00:16 Alarm system activation, no fire - 22:34:00 7/4/16 2 3186 unintentional Incident Number (FD1.5): 000217 00:06 Motor vehicle accident with 23:18:00 7/4/16 2 3170 injuries 00:06 Motor vehicle accident with 23:18:00 7/4/16 3 3173 injuries :06 Motor vehicle accident with 23:18:00 7/4/16 1 3180 injuries 00:06 Motor vehicle accident with 23:18:00 7/4/16 2 3186 injuries Incident Number (F01.5): 000218 00:06 Building fire 18:42:00 7/5/16 3 3170 00:06 Building fire 18:42:00 7/5/16 4 3175 00:06 Building fire 18:42:00 7/5/16 1 3180 00:06 Building fire 18:42:00 7/5/16 3 3186 00:06 Building fire 18:42:00 7/5/16 1 CV1 00:06 Building fire 18:42;00 7/5/16 1 CV2 Incident Number (FD1.5): 000219 00:08 EMS call, excluding vehicle 04:12:00 7/6/16 2 3173 accident with injury 00;08 EMS call, excluding vehicle 04:12:00 7/6/16 2 3180 accident with injury 00:08 EMS call, excluding vehicle 04:12:00 7/6/16 1 CV2 accident with injury Incident Number (FD1.5): 000220 00:03 EMS call, excluding vehicle 05:01:00 7/6/16 2 3170 accident with injury 00:03 EMS call, excluding vehicle 05:01:00 7/6/16 2 3180 accident with injury 00:03 EMS call, excluding vehicle 05:01:00 7/6/16 1 CV2 accident with injury 'ncident Number (F01.5): 000221 :01 Good intent call, other 11:26:00 7/7/16 1 3170 00:01 Good intent call, other 11:26:00 7/7/16 1 3180 00:01 Good intent call, other 11:26:00 7/7/16 1 CV1 1 of 5 Printed On: 08/03/2016 01:39:14 PM Time Ditt ; Alarm - Fir,Ient Typo Incident Arrival Time Incident Dalt, (F01,3) Apparatus Personnel NumPer of Apparatus ID Arrival (1,01.27) People 00:01 Good intent call. other 11:26:00 7/7/16 1 CV2 Incident Number (FD1.5): 000222 0004 Motor vehicle accident with 08:33:00 7/8/16 2 3173 injuries 00:04 Motor vehicle accident with 08:33:00 7/8/16 1 3180 injuries 00:04 Motor vehicle accident with 08:33:00 7/8/16 1 CV1 injuries Incident Number (FM.5); 000223 00:00 Gas leak (natural gas or LPG) 14:48:00 7/8/16 1 3170 00:00 Gas leak (natural gas or LPG) 14:48:00 7/8/16 1 3175 00:00 Gas leak (natural gas or LPG) 14:48:00 7/8/16 1 3180 00:00 Gas leak (natural gas or LPG) 14:48:00 7/8/16 1 3186 00:00 Gas leak (natural gas or LPG) 14:48:00 7/8/16 1 CV1 Inciclent Number (FD1.5): 000224 00:05 EMS call, excluding vehicle 13:50:00 7/9/16 2 3170 accident with injury 00:05 EMS call, excluding vehicle 13:50:00 7/9/16 2 3173 accident with injury 00:05 EMS call, excluding vehicle 13:50:00 7/9/16 4 3180 accident with injury 00:05 EMS call, excluding vehicle 13:50:00 7/9/16 1 CV1 accident with injury 00:05 EMS call, excluding vehicle 13:50:00 7/9/16 1 CV2 accident with injury Incident Number (FD1.5): 000225 00:06 Search for person on land 22:18:00 7/10/16 1 3170 00:06 Search for person on land 22:18:00 7/10/16 1 3175 0006 Search for person on land 22:18:00 7/10/16 2 3178 00:06 Search for person on land 22:18:00 7/10/16 1 3180 00:06 Search for person on land 22:18:00 7/10/16 2 3187 00:06 Search for person on land 22:1800 7/10/16 2 3188 00:06 Search for person on land 22:18:00 7/10/16 1 CV1 00:06 Search for person on land 22:18:00 7/10/16 1 CV2 Incident Numher (FD1.5): 000226 00:07 EMS call, excluding vehicle 12:27:00 7/11/16 2 3173 accident with injury 00:07 EMS call, excluding vehicle 12:27:00 7/11/16 1 CV1 accident with injury 00:07 EMS call, excluding vehicle 12:27:00 7/11/16 1 CV2 accident with injury Incident Number (F01.5): 000227 00:13 EMS call, excluding vehicle 19:17:00 7/12/16 1 3170 accident with injury 00:13 EMS call, excluding vehicle 19:17:00 7/12/16 2 3173 accident with injury 00:13 EMS call, excluding vehicle 19:17:00 7/12/16 2 3180 accident with injury 00:13 EMS call. excluding vehicle 19:17:00 7/12/16 2 3183 accident with injury Incident Numher (F01.5): 000228 00:02 Special type of incident, other 10:55:00 7/13/16 3 3175 00:02 Special type of incident. other 10:55:00 7/13/16 1 CV1 00:02 Special type of incident, other 10.55:00 7/13/16 1 CV2 Incident Number (F01.5): 000229 00.07 Motor vehicle accident with 03:30:00 7/16/16 1 3170 injuries 2 of 5 Printed On: 08/03/2016 01:39:14 PM Time OtU: Alarm Fire biciclwal Type hicklamt Arrival -RIM Arrival (F01.27) 00:07 Motor vehicle accident with 03:30:00 injuries :07 Motor vehicle accident with 03:30:00 injuries 00:07 Motor vehicle accident with 0330:00 injuries Incident Number (FD1.5): 000230 Incident Dale (FD1.3) Apparalo Persoimel Number ol Apparatila ID Pouple 7/16/16 3 3173 7/16/16 4 3180 7/16/16 1 CV2 00.09 EMS call, excluding vehicle 06:32:00 7/19/16 3 3173 accident with injury 00:09 EMS call, excluding vehicle 06:32:00 7/19/16 1 3180 accident with injury 00:09 EMS call, excluding vehicle 06:32:00 7/19/16 1 3183 accident with injury 00:09 EMS call, excluding vehicle 06:32:00 7/19/16 1 CV1 accident with injury Incident Number (FD1.5): 000231 00;05 EMS call, excluding vehicle 14:11:00 7/19/16 1 3173 accident with injury 00:05 EMS call, excluding vehicle 14:11:00 7/19/16 1 CV1 accident with injury Incident Number (FD1.5): 000232 00:07 EMS call, excluding vehicle 18:16:00 7/19/16 1 3170 accident with injury 00:07 EMS call, excluding vehicle 18:16:00 7/19/16 2 3173 accident with injury 00:07 EMS call, excluding vehicle 18:16:00 7/19/16 1 3180 accident with injury 00:07 EMS call, excluding vehicle 18:16:00 7/19/16 2 3183 accident with injury :07 EMS call, excluding vehicle 18:16:00 7/19/16 1 CV2 accident with injury Incident Number (FD1.5); 000233 00:10 Motor vehicle accident with 00:15:00 7/21/16 2 3173 injuries 00:10 Motor vehicle accident with 00:15:00 7/21/16 2 3186 injuries 0010 Motor vehicle accident with 00:15:00 7/21/16 1 CV2 injuries Incident Number (FD1.5): 000234 00:08 EMS call, excluding vehicle 07:18:00 7/23/16 1 3170 accident with injury 00:08 EMS call. excluding vehicle 07:18:00 7/23/16 3 3173 accident with injury 00:08 EMS call, excluding vehicle 07:18:00 7/23/16 1 3180 accident with injury 00:08 EMS call, excluding vehicle 07:18:00 7/23/16 3 3183 accident with injury 00:08 EMS call, excluding vehicle 07:18:00 7/23/16 1 CV1 accident with injury Incident Number (FD1.5): 000235 00:13 Motor vehicle accident with 09:32:00 7/23/16 1 3170 injuries 00:13 Motor vehicle accident with 09:32:00 7/23/16 3 3173 injuries 00:13 Motor vehicle accident with 09:32:00 7/23/16 1 3180 injuries :13 Motor vehicle accident with 09:32:00 7/23/16 2 318G injuries Incident Number (FD1.5): 000236 3 of 5 Printed On: 08/03/2016 01:39:14 PM rune Dill: Alarm - Fue Incident Type Incident Arrival Tlme Incident Dale (F01.3) Arrival (F01.27) 00:09 EMS call. excluding vehicle 22:31:00 7/24/16 1 accident with injury 00:09 EMS call, excluding vehicle 22:31:00 7/24/16 2 accident with injury 00:09 EMS call, excluding vehicle 22:31:00 7/24/16 2 accident with injury 00:09 EMS call. excluding vehicle 22:31:00 7/24/16 accident with injury Incident Number (F01.5): 000237 00:10 EMS call, excluding vehicle 00:12:00 7/27/16 2 accident with injury 00:10 EMS call, excluding vehicle 00:12:00 7/27/16 2 accident with injury 00:10 EMS call, excluding vehicle 00:12:00 7/27/16 accident with injury Incident Number (FD1.5): 000239 00:10 EMS call, excluding vehicle 21:17:00 7/30/16 accident with injury 00:10 EMS call, excluding vehicle 21:17:00 7/30/16 accident with injury 00:10 EMS call, excluding vehicle 21:17:00 7/30/16 accident with injury Incident Number (FD1..5): 000240 00:09 EMS call, excluding vehicle 23:59:00 7/30/16 2 accident with injury 00:09 EMS call, excluding vehicle 23:59:00 7/30/16 2 accident with injury 00:09 EMS call, excluding vehicle 23:59:00 7/30/16 accident with injury 00:09 EMS call. excluding vehicle 23:59:00 7/30/16 accident with injury Incident Number (F01.5)J 000241 00:07 EMS call, excluding vehicle 12:08:00 7/31/16 2 accident with injury 00.07 EMS call, excluding vehicle 12:08:00 7/31/16 2 accident with injury 00:07 EMS call, excluding vehicle 12:08:00 7/31/16 2 accident with injury 00:07 EMS call, excluding vehicle 12:08:00 7/31/16 4 accident with injury 00:07 EMS call, excluding vehicle 12:08:00 7/31/16 accident with injury 00:07 EMS call, excluding vehicle 12:08:00 7/31/16 accident with injury Incident Number (FD1,5): 0241 00:14 Building fire 02:55:00 7/28/16 1 00:14 Building fire 02:55:00 7/28/16 4 00:14 Building fire 02:55:00 7/28/16 1 00:14 Building tire 02:55:00 7/28/16 1 Report Filters Incident Date: is between '07/01/2016' and '07/31/2016' Description Response Time - LEFD alarm to arrival by apparatus Apparatus Personnel Number ol Api/ArdillS ID People 3170 3173 3183 CV2 3170 3180 CV2 3173 3183 CV2 3170 3173 3183 CV2 3170 3173 3180 3183 CV1 CV2 3170 3173 3180 CV2 4 of 5 Printed On: 08/03/2016 01:39:14 PM Time Alarm. Fire lip:Went Type Ipcik.leol Arrival TIRIU 1(160011 0411.0 (F01.3) ApparAlos Personnel Number of ApparAtus Arrival (FD1.27) People 5 of 5 Printed On: 08/03/2016 01:39:14 PM Monthly Report July 2016 Below is a brief list of activities taking place over the past month within the Public Works Dept. Utility walk through inspection in Village Preserve 300 tons of road salt (carry over from 80% min. order 2015-2016 winter) Repairs made to chemical feed addition control unit at Lisbon Ave. Lift Station 63 tons of asphalt applied to potholes/patches. o Lake Elmo Heights o Old Village Streets o 31st St between CSAH 14 and CSAH 6 o Fax Fire Estates Upgrade to Water Tower #2 communication system after July 19t1isystem failure. Upgraded 94 Lift Station (Hudson Blvd.) controls to work with existing SCADA system Equipment repairs to: o 2000 Chevy Pick-up = repair holes in cab floor (4-new tires still needed) o 2004 John Deere Ditch Mower = new speed sensor and solenoid o 1998 GMC Pick-up = new radiator o Small misc. repairs to lawn mowers Meetings w/ Wash. Co. and Focus Eng. regarding Traffic Signal and Roundabout Maint. Bid requests for = City Hall Sidewalk Replacement, PW Roof leaks, Tree Removal on Hill Trial Drain Field., Spring Clean-up Day Work with Planning Dept. on Irrigation Standards Continuous items = Mowing, Ditch Mowing, Ball Field Maint., Submitted by: Rob Weldon Public Works Director \KE ELNIO AY• C•U CIL CO U ICATIO DATE: August 16, 2016 CONSENT ITEM# 9 AGENDA ITEM: Approve Special Assessment Abatement Requested by WA Cty SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: 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: Washington County/Finance FISCAL IMPACT: $140.50 SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda, the City Council is respectfully requested to consider approval to remove the delinquent utility amounts assessed to parcel 01.029.21.11.0008 from the 2016 assessment roll with Washington County. BACKGROUND INFORMATION/STAFF REPORT,: Washington County recently notified the Finance Director that delinquent utility assessments were allowed to post to a tax foreited parcel in their system. Historically these would not have been processed and would have rejected from their system. Once posted to their system, an abatement form is required to correct. RECOMMENDATION: Approve the attached Resolution 2016-66 approving an abatement of the delinquent utility assessments posted to a tax forfeited parcel. ATTACHMENTS: 1. Resolution 2016-66 2. WA Cty abatement form for 01.029.21.11.0008 -- page I -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-66 A RESOLUTION RELATED TO 2016 ASSESSMENTS TO WASHINGTON COUNTY BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that the 2016 assessments certified to PID #01.029.21.11.0008 may be removed from the 2016 assessment roll due per the attached Washington County abatement forms. APPROVED by the Lake Elmo City Council on this 16" day of August, 2016. By: ATTEST: Julie Johnson City Clerk Mike Pearson Mayor WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT - GENERAL FORM (N1.5,)375.192 CLASSIFICATION / DISASTER CREDIT / SPECIAL ASSESSMENTS ',rksheet Th Assessment Year: 2015 Payable Year: 2016 APPLICANT Owner's Name (plca.se print or type) Soc, Sec, /Fed ID Phone Cell Tax Forfeit Land • State of MN Owner's Nam,: Soc, Sec, /Fed ID Phone Cell Owner's Name Owner's Mailing Address 500 Lafayette Road City St. Paul Property ID Nuinber 01,029,21.11.0008 Legal Description or Property Original: Land EMV Revised: Land E State MN Soc, Sec, /Fed ID Phone i Cell Property Address (irdiFferent from mailing address) Zip City 55155 DESCRIPTION OF PROPERTY MP Number City or Township Lake Elmo ASSESSOR'S ESTIMATED MARKET VALUE Improvement EMV Improvement EMV Total Total State Zip School District # TAG 834 Classification Classification Applicant's Statement of Facts: The City of Lake Elmo assessed this parcel for unpaid utility bills. This parcel was in a tax forfeit status and the transaction should not have been processed and needs to be abated. Applicant's Request: Abate the special assessment amount of $140.50 for Pay 2016. Applicant's Signature: (—C Note: Minnesota Statute's 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by to be made as a basis of imposing, reducing, or abating any tax or assessment, intentionally makes any statement as to any material —atter which the maker of the statement knows is false may be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000.00 or both. Date: ,C7/ //4 Note: Must include City/Township Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster Credit r OFFICE USE ONLY Class ;nal L,,,e Line 2 Line 3 Line 4 Line 5 Total Class Proposed Line 1 Line 2 Line 3 Line 4 Line 5 Total TOTAL REDUCTION: Market Value Land Improvement Total Tax Capacity Market Value Land Improvement Total Tax Capacity LNTC TIF FD STATE RNIN PWR LN CR AG CR FOIST CR TOTAL LNTC TIF FD STATE RMV PWR LN CR AG CR HMST CR REPORT OF INVESTIGATION TOTAL O Tax is paid as of. 0 Tax NOT paid as of: After examiningthe applicant's claims, I have carefully investigated this application and find the facts to be as follows: IInvestigator's Signature Tax and Other Specia Other Credits Ascots Total Payable Tax and Other Special Other Credits Asnns Total Payable Local Tax Rate: RMV Rate: Date _J CERTIFICATE OF APPROVAL — COUNTY ASSESSOR INote: (under 310,000) For this abatement to be approved, the Assessor and Director of Property Records and Taxpayer Services must both favorably recommend its adoption, ASSESSOR'S RECOMMENDATION (County Assessor or City Assessor) CRITERIA: Approved Denied DIRECTOR'S RECOMMENDATION Approved Denied 0 0 qe; For Approved 0 Jive, Denied 0 ASSCSSOCS Signature Director's Signature COUNTY BOARD OF COMMISSIONER'S — COUNTY AUDITOR is resulting hi a change of 310,000 and above including tax, penal' and interest. For this abatement to be approved, the Assessor, Records and Taxpayer Services, and the County Board of anunissianers must all favorably recommend its adoption, Auditor's Signature Date Date r of Property Date I certify that at a meeting held (month, day) (year) the County Board ofCoininissionms took the above action on this abatement. This action was duly adopted awJ entered upon the minutes of its proceedings as a public record, showing the names of taxpayers, other concerned persons and the amounts involved. im LAKE: ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AY0 & COU CIL CO U ICATIO DATE: CONSENT ITEM # 2016 Seal Coat Project — Pay Request No. 1 (Final) Ryan Stempski, Project Engineer Kristina Handt, City Administrator Cathy Bendel, Finance Director Rob Weldon, Public Works Director Jack Griffin, City Engineer August 16, 2016 SUG 'T,STED ORDER OF BUSINESS if removed from the Consent Agenda): - Questions from Council to Staff ...... - Public Input, if Appropriate.................................. - Call lOr Motion ... ........ - Discussion__ .............. ........... ....... ............... ....... ....... - Action on Motion............ .......... ..... ..............„.......„..... POLICY RECOMMENDER: Engineering. -Mayor Facilitates Mayor Facilitates Mayor & City Council Mayor & City Council ....... Mayor Facilitates 10 FISCAL IMPACT: Decrease of $2,125.00. Final payment is proposed in accordance with the Contract for the project. Final payment is $2,125.00 less than the original contract amount of $152,875.00 for Lake Elmo's portion of the work (joint project with West Lakeland Township). In addition, the project at completion remains within the authorized total project budget of $158,375.00 which includes engineering. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Pay Request No. 1 (Final) for the 2016 Seal Coat Project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The 2016 Seal Project has been fully completed. The Project Engineer has prepared a Certificate of Completion and is recommending acceptance of the improvements and release of the final retainage. The one year warranty period will begin on August 16, 2016, and will extend to August 16, 2017. Final payment in the amount of $207,368.44 has been requested by the Contractor, Pearson Brothers, Inc., based upon the work completed. The original Contract amount was $208,903.00; including $152,875.00 for work in Lake Elrno and $56,028.00 for work in West Lakeland -- page City Council Meeting [Consort ..,Igentla Dent 101 August 16, 2016 Township. The work actually completed for Lake Elmo streets was $150,750.00, or $2,125.00 (1.4%) less than the original Contract amount. Per the Joint Services Agreement, West Lakeland Township will be invoiced S56,618.44 for their portion of the construction costs. The final total project cost for the Lake Elmo portion of the project, including construction and engineering was $154,750.00; S150,750.00 in construction and $4,000 ($7,000 total - $3,000 reimbursed by West Lakeland) for design and construction engineering services. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 1 (Final) for the 2016 Seal Coat project. If removed from the consent agenda, the recommended motion for the action is as follows: "Move to approve Pay Request No. 1 (Final) to Pearson Brothers, Inc., in the amount of $207,368.44, for the 2016 Seal Coat Project; which includes $150,750.00 for work completed in the City of Lake Elmo; and $56,618.44 for work completed in West Lakeland Township." ATTACHMENT(S): I. Partial Pay Estimate No. 1 (Final). 2. Engineer's Certification of Completion. -- page 2 -- .O>IECT PAY FORM PARTIAL PAY ESTIMATE NO, 1 (FINAL) 2016 SEAL COAT PROJECT PROJECT NO.2016.118 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, P.E., CITY ENGINEER No. CONTRACT CHANGE ORDER SUMMARY Approval Amount Date Additions Dedu TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: $0.00 $0.00 6/22/2016 7/15/2016 8/31/2016 ENGINEERING, inc. PERIOD OF ESTIMATE FROM 6/22/2016 TO 7/29/2016 CONTRACTOR: PEARSON BROTHERS, INC. 11079 LAMONT AVENUE N.E. HANOVER, MN 55341 ATM: JACK PEARSON, PRESIDENT PAY ESTIMATE SUMMARY Original Contract Amount ions (2. Net Change Order Sum Revised Contract (1+2) 4. *Work Completed 5, *Stored Materials 6.5ubtotal (4+5) 7. Retainage* 0.0% Previous Payments 0.00 9. Amount Due (6-7-8) etoiled Breakdown Attached CONTRACT TIME ORIGINAL DAYS 70 REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents, CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE 0 FOCUS Engineering, inc. ENGINEER 8/4/2016 DATE CONTRACTOR DATE BY DATE ON SCHEDULE YES NO 20S,9ti3.t70 $0.00 $208,903.00 $207,368.44 $0.00 $207,368.44 $0.00 $0.00 $207,368.44 PAY ESTI ATE NO. 1 (FINAL) 2016 SEAL COAT PROJECT CITY OF LAKE ELMO & WEST LAKELAND TOWNSHIP FOCUS PROJECT NO. 2016.118 CONTRACT DATED MAY 17, 2016 ITEM NO. DESCRIPTION CITY OF LAKE ELMO ENGINEERING, inc. CONTRACT ACTUAL UNIT TOTAL QUANTITY QUANTITY UNIT PRICE AMOUNT 1 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 122,300 120,600 SY $ 1.25 $ 150,750.00 AND CRS-2P EMULSIFIED ASPHALT CITY OF WEST LAKELAND 2 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK 48,300 48,809 SY 1.16 $ 56,618.44 AND CRS-2P EMULSIFIED ASPHALT TOTAL $ 207,368.44 CITY OF LAKE ELMO, MN 2016 SEAL COAT PROJECT PROJECT NO. 2016.118 CERTIFICATE OF COMPLETION DATE OF ISSUANCE: August 16, 2016 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: PE -ARSON BROTHERS, INC. PROJECT NAME: 2016 SEAL COAT PROJECT PROJECT NO.: 2016.118 Fl This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the farm inu. specified parts of the Contract Docuinents I do hereby certify that the kvork to which this Certificate applies has been constructed in accordance with the Contract dated May 16, 2016. The above -mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: August 16, 2016 Frank Borich Reg. No. 53559 FOCUS Engineering. inc. THE WARRANTY PERIOD BEGINS August 16, 2016 AND ENDS August 16, 2017 THN (Hy (I, F ELMO AYO CPU CIL CO U ICATIO DATE: CONSENT ITEM # August 16, 2016 AGENDA ITEM: 2016 Street, Drainage, and Utility 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 SU(;GESTED 0121)E12 OF BUSINESS if removed from the Consent ,,leendai: 'stions from Council to Sta.tf........ ......... .......... Mayor Facilitates Public input, if Appropriate ........ • _Mayor Facilitates ('all for Motion ............. . ......... ....... Mayor & Council Discussion ...... ......... ..... ........................ Mayor & City Council Action on Motion .............. ..... ........... ........ ................... ........ Mayor Facilitates POLICY RECOMMENDER: Engineering. 11 FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Pay Request No. 3 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. 3 in the amount of $138,652.43. 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 38,957.25. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Pay Request No. 3 for the 2016 Street, Drainage, and Utility Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: page 1 -- City Council Meeting [Cowen, Agenda Item I I] August 16, 2016 "Move to approve Pay Request No. 3 to Hardrives, Inc. in the amount of $138,652.43 for the MI6 Street, Drainage, and Utility Improvements". ATTACHMENT(: . Partial Pay Estimate No. 3. -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2015.129 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER PERIOD OF ESTIMATE FROM 7/1/2016 ENGINEERING, inc. TO 7 29 CONTRACTOR: HARDRIVES, INC. 14475 QUIRAM DRIVE ROGERS, MN 55374 ATTN: MICHAEL LEUER, PROJECT MANAGER CONTRACT CHANGE ORDER SUMMARY No Approval Amount Date Additions Deductions 1 7/5/2016 $32,976.55 TOTALS $32,976,55 NET CHANGE $32,976.55 START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: $0.00 4/18/2016 8/12/2016 9/30/2016 2016 PAY EST MATE SU Original Contract Amount 2. Net Change Order Sum 3, Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 5.0% 8, Previous Payments 9, Amount Due (6-7-8) *Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING ARY $1,189,610.33 $32,976.55 $1,222,586.88 $779,145.08 $0.00 $779,145.08 $38,957,25 $601,535.39 $138,652.43 165 ON SCHEDULE 0 YES 63 NO ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. 8/5/2016 DATE CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA CONTRACTOR Y BY BY DATE DATE FOCUS Engineering, inc. r",l ), PROJECT PAYMENT FORM PARTIAL. PAY ESTIMATE NO. 3 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2015,129 ITEM DESCRIPTION OE PAY ITEM UNIT S ENGINEERING, inc. CONTRACT THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT DIVISION 1 , KIRKWOOD AVENUE NORTH MOBILIZATION LS 5 $9,000.00 2 TRAFFIC CONTROT LS 1 51.284.36 3 Sill FENCE LF 4,428 51.00 4 610ROILL DITCH CHECK EA 20 564 22 5 SALVAGE MAILBOX EA II 526 76 6 SALvAGE SIGN EA 3 515.05 7 SAWCUT BITUMINOUS PAVEMENT IF 97 53.48 8 REMOVE & DISPOSE OF ExIST, BITUMINOUS PAvEMENT (D9lvEWAy51 SY 29 53.24 9 COMMON EXCAVATION (EV) (PI CY 2,854 $13,73 10 SUBGRADE EXCAVATION (RECONSTRUCT AREAS) (EV) CY 400 57,57 11 SUBGRADE PREPARATION RS 19 554.06 12 SELECT GRANULAR BORROW (STREETS) [CV) (P) CY 2,035 514.60 13 SELECT GRANULAR BORROW (SUBGRADE EXCAV I (CV) Cr 400 519.60 19 CLASS 6 AGGREGATE BASE (CV) (P) CY 655 527.03 15 PATCH GRAVEL DRIvEwAY TN 53 519.46 16 AGGREGATE SHOULDERING TN 164 522.49 17 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE 12,B) IN 511 552 65 18 TYPE SP 12.5 BiTLIMiNOLTS NON WEARING COURSE 6400 URE12.6) TN 680 547,40 19 RITUMINOLIS MATERIAL FOR TACK COAT GAL 301 51.96 20 TYPE SP 9.5 BITUMINOUS WEARING COURSE MixTURE 12,8) (DRIVEWAY) Sv 29 515.00 21 SAW & SEAL STREET 140' INTERVALS) LE 12E5 52.48 22 STREET SWEEPING HR 15 $0.01 23 TEMPORARY ROCK CONSTRUCTION ENT RANCE EA 9 $540.55 24 CLEAN CULVERT EA 5 5324.33 25 4" PvC PERE EDGE DRAIN 077 BACKFILL & WRAP LF 1025 57.57 26 DRA!NTILE CLEANOUT EA 10 S216.22 27 PRECAST CONCRETE HEADWALL (DRAIN TILE) EA 6 521622 78 DITCH GRADTNG 16 196 55 41 29 IMPORT AND PLACE TOPSOIL ILV) CY 543 515,00 30 SEEDING, FERTILIZER AND WOOD FIRER BLANKET SY 3,163 $156 31 !INSTALL SALVAGED MAILBOX EA 11 542 81 12 INSTALL SALVAGED 'SIGN EA 3 532,11 SUBTOTAL- DIVISION 1 DIVISION 2 - KELVIN AVENUE NORTH -STREETS 33 MOBILIZATION LS 59,000.00 34 TRAFFIC CONTROL LS 1 51,284.36 35 SILT FENCE LF 4,775 51.00 36 BIOROIL DITCH CHECK EA 7 $54.27 37 CLEARING EA 3 $324.33 38 GRUBBING EA 3 5259.47 39 SALVAGE MAILBOX EA IS 526 76 40 SAWAGE SteN EA 10 516 05 41 SALVAGE WOODEN FENCE LF 30 512.97 42 SALVAGE BRICK PAVERS SF 124 52,16 43 SAWCUT 91TO/1[1'4005 PAVEMENT LF 3D5 50.84 94 SAWCUT CONCRETE PAVEMENT LF 97 52 32 45 REMOVE. & DISPOSE OF EXIST. CONCRETE CURD AND GUTTER LE 480 53 24 46 REmOvE & DISPOSE OF EXIST EBTUMINOUS PAvEMENT SY $224 51.62 47 REMOVE & DISPOSE OF EXIST. BITlimiNOUS PAVEMENT (DRIv5WAYS) SY 230 52.16 48 RENIOVE & DISPOsE or EXIST CONCRETE PAVEMENT (DRiVEWAYSI SY 47 $5,41 49 COMMON EXCAVATION (EV) IP) CY 3,074 513.73 56 5128GRADE EXCAVATION (RE(ONSTRUCT AREAS) (EV) CY 375 57.57 51 SUBGRADE PREPARATION R5 19 554,06 52 SELECT GRANuLAR BORROW (STREETS) (CV) (P) CY 1,952 $14 87 53 SELECT GRANULAR BORROW (SUOGRADE EXCAv,) (CV) CY 375 514.87 54 CLASS 6 AGGREGATE BASE (0V) (P) CY 630 $27.03 55 TYPE SP 9.5 BITUMINOUS WEARAG COURSE MIXTURE (2,8) TN 490 552,65 56 D'PE SP 92.5 BITUMINOUS NON WEARING COURS.I. MIXTURE (2,B) TN 653 $47 40 57 BITUMINOUS MATERIAL FOR TACK COAT GAL 290 51296 58 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE 12,81 (DRIVEWAY) SY 230 515.00 59 SAW & SEAL STREET (40' INTERVALS) LF 1,150 52.48 60 8" CONCRETE DRIVEWAY PAVEMENT 5r 62 546.02 61 CONCRETE RIBBON CURB LF 3,240 $6.64 62 SURMOUNTABLE CONCRETE CURB & 551118 LI- 545 510.17 59,000.00 51,284.36 54,429.00 51,284 -10 S234,36 548.55 5337.56 593,96 539,185.42 53,028.00 51,02714 529,711,00 $5,840 00 517,704,65 51,031.38 53,688.36 $26,90(115 S32,232 00 5589.96 $435.00 53,137 20 51715 5540.55 51,621.65 57,759,25 $2,162 ZO $1,297.32 51,060.36 58,145.00 $1,902.65 5470.91 $96 33 $209,341.42 59,000.00 $1,284.36 54,775.00 5449,54 $972,99 $728 41 5481,65 5160.50 5389,10 5267 84 $56120 $225.04 $1,555,20 58,462.93 $496.80 5254 27 $42.206.02 52,839,75 $1,027.14 529,174.94 $6,576.25 $17,028,90 525,798 50 530,952.20 $568.40 53,450 00 52,852,00 52,853.24 521,513,60 53,508.65 0,50 0.50 0.00 0.00 7.00 0.00 0.00 0.00 0 00 0.00 0,00 000 D.00 0.00 0.00 2250 2,20 349,41 0.00 0.00 0 00 3.00 0.00 0 00 0.00 0.00 0.00 060 0.00 000 0.00 0.00 000 0.50 0.00 0,00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0 DO 0.00 1,224.00 0.00 0.00 1.074.00 8200 0,00 0.00 82.00 0.00 0.00 0.00 0 00 0.00 0,00 0,00 0.00 0.00 54,500 00 S642 1.8 $0.00 50.00 5187.32 50.00 50.00 00.00 50,00 50.00 Sem 19,07 09,00 50,00 57,00 60.00 50.00 527,890.63 50 00 50.00 5000 50,03 50.0 50.00 50,00 50 00 $0,00 50.00 50.00 50.00 50,00 50,00 533220.16 $0.00 5642 18 $0,00 50 00 $0.00 50.00 $0.00 50.00 $0 00 50.00 58,20 50,00 50 00 $1,982.88 50.00 50.00 $14,746.02 5620.74 50 00 $0,00 51,219.39 $0.00 Woo 50.00 50.00 $0.00 50,00 50.00 $0.00 $0,00 0,50 0.50 3,825.00 0.00 7.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 000 0,00 0 00 0.00 5138,41 0.00 0.00 0.00 3.00 0.00 0.00 0.00 0 00 0.00 0,00 0.00 0.00 000 0.00 1.00 1,00 3,019,00 0.00 400 6.00 21 00 2.00 20.00 245,00 210.00 52,00 480.00 5,224 00 230 00 4200 3,074 00 216.00 19 00 1,982.00 216.00 630.00 0,00 567_90 70.00 297.00 0,00 68.00 3,150 00 333.00 $4,500.00 5642,18 $3,875.00 $0 00 5167 32 50.00 50,05 50.00 50.00 $0,00 50.00 SO 00 50.00 50.00 $0.00 50.00 50.00 527.890.63 50.00 00,00 50.00 5003 50 00 50.00 50.00 50.00 50 CC 50.00 50,00 $0.00 $0.00 50.00 532045.16 59,000,00 01,084.36 53,019.00 50,00 51.257.32 $1.556,82 $56196 532.10 5259.40 5579.20 5386.40 514304 51,555.20 S3,462.88 5498,50 5254.27 542.206.02 $1,635,12 51.027.14 $29,174.94 53,211.92 517,028.90 50.00 $26,918 46 6137,20 $4,455.00 50 00 $3,129.36 $20,916 00 53,366.61 CONTRACT THIS PERIOD TOTAL TC) DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTIFY AMOUNT QUANTITY AMOUNT 63 B61B CONCRETE CURB & GUTTER LF 56 $12.84 5719.04 0,00 50.00 108.00 61,386,72 64 STREET SWEEPING HR 20 50.01 50.20 0.00 50.00 0.00 50 00 65 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 2 $540.55 51,081 17 0.00 50.00 0.00 $0.00 66 CLEAN CULVERT EA 1 $324.33 5324 33 0 00 50 00 1.00 5324 33 67 4" PVC PERE EDGE DRAIN W/ BACKFILL & WRAP LE 861 $7.57 S6,517,77 850.00 55,4391.50 850 00 56,434,50 68 12" CORRUGATED 5TEEL PIPE CULVER T 1F 36 $28.11 51,011.96 0,00 $0 00 36 00 51,01196 69 12' CORRUGATED STEEL PIPE APRON EA 2 $259.47 $513.94 0.00 50,00 2.00 $519.99 70 ORAINTILE CLEANOU I EA 8 $216,22 61,729 76 8.00 $1,729.76 8.00 51,729 76 71 PRECAST CONCRETE HEADWALL. (DRAM TILE) EA 4 $270.28 5108112 4,00 51,081,12 4,00 51,081.12 72 DITCH GRADING LF 12 55.41 $09.92 12.00 564.92 12.00 569.92 73 IMPORT AND PLACE TOPSOIL (LV) CY 702 $15.00 010,530.00 308.00 54,620 00 308.00 59.620.00 74 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 929 51.55 51,439 95 0.00 5000 000 $0.00 75 SODDING SY 2,300 53.00 56,900.00 01111 50.00 0.00 50 CO 76 INSTALL SALVAGED MAILBOX EA 18 $92.81 $770.58 14.00 5599.39 14.00 5599 34 77 INSTALL SALVAGED SIGN EA 10 532,11 $321,10 2.00 $64.22 2.00 564,22 73 INSTALL WOODEN FENCE LF 10 $82.25 5822 50 0.00 50 00 0.00 50.00 79 INSTALL SALVAGED BRICK PAVERS SF 124 54 42 5548.08 0.00 50 00 0.00 50.00 SUBTOTAL • DIVISION 2 $253.844.77 I 533,806.02 5199,902.03 DIVISION 3 . KELVIN AVENUE NORTH • TRUNK WATER MAIN 80 CONNECT TO EXISTING VYATERMAIN EA 1 $1,059.49 $1,059.49 0.00 50.00 100 51,059.49 81 HYDRANT EXTENSION LF 3 51,097.33 53,291 99 0.00 50.00 0,00 50 00 82 12" DIP, CL, 52 WA1ERMA)N LF 892 553.42 547,650 64 000 50.00 874.50 546,715.79 83 6" DIP, CL, 52 VVMERMAIN IF 53 $53.95 $2,959.35 0.00 50,00 47,50 $2,632.63 84 1" TYPE '9" COPPER WATER SERVICE 50 221 $42.59 $9,401.34 0.00 50.00 136.00 55.785,44 95 1" CORPORATION STOP EA 5 $265,95 51,329 75 0.00 50.00 5.00 $1,329.75 86 1" CURB STOP WITH BOX EA 5 $344.87 51,729,35 000 50110 5.00 61,72435 87 6" HYDRANT ASSEMBLY (8,6" BURY) EA 2 54,492.02 $8,984.04 0 00 50.00 2.00 58,984,04 88 6" RES, SEAT GATE VAIVE & BOX EA 2 51,291,93 52,583.86 0 00 $0.00 2.00 $2,583,86 89 12" RES, SEAT GATE VALVE & BOK EA 2 53,027.12 $61754.24 0.00 50.00 2 00 56054.74 90 MI DIP COMPACT FITTINGS LB 1,104 $1.68 $4,062.72 0.00 50.00 842 00 $3,099.56 SUBTOTAL - DIVISION 3 569,001.77 60.00 579,898.15 DIVISION 4 KELVIN AVENUE NORTH LATERAL WATER MAIN 91 12"X8" WE F TAP 92 HYDRANT EXTENSION 93 8" 01P, CL. 52 WAIERMAIN 99 6° DIP, CL, 52 WATERNIAIN 95 TYPE "K" COPPER WATER SERVICE 9G 1" CORPORATION STOP 97 1" CURB STOP WITH BOX 98 6" HYDRANT ASSEMBLY 13,6" BURY/ 99 6" RES. SEAT GATE VALVE & BOX 100 MJ DIP COMPACT FITTINGS SUBTOTAL ) DIVISION 4 DIVISION -STONEGATE 1ST ADDITION -STREETS 101 MOBILIZATION 102 TRAFEIC CONTROL 103 SILT FENCE 104 INLET PROTECTION 105 CLEARING 106 GRUBB/NG 107 SALVAGE MAILBOX 108 SALVAGE SIGN 109 SALVAGE LANDSCAPE ROCK (ISLANDS) (P) 110 SAWCUT BITUMINOUS PAVEMENT 111 SAWCUT CONCRETE PAVEMENT 112 PFMOVE MANHOLE OR CATCH BASIN CASTING 113 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAYS/ 114 REMOVE & DISPOSE OF EXIST, CONCRETE PAVEMENT (DRIVEWAYS) 11S SUBGRADE EXCAVATION (RECIAIM AREAS) (EV) 116 RECLAIM EX. BIT, AND BASE MATERIALS, DEPTH (P) 117 HAUL OUT EXCESS RECLAIMED MATERIAL (LV) (P) 118 SUE/GRADE PREPARATION OF RECLAIMED SURFACE 119 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,8) 120 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2.8) 121 BITUMINOUS MATERIAL FOR TACK COAT 122 TYPE SP 9.5 BITUMINOUS WEARING COURSE A1(X-WRE (2,B) (DRIVEWAY) 123 6" CONCRETE DRIVEWAY PAVEMENT EA 1 53,981.18 53,461.18 0.00 $0.00 1.00 53,481.19 LF 3 51,189.22 53,567.66 0.00 5000 0.00 SO 00 I.F 535 038.06 520.362.10 0.00 50 00 535.00 520,362.10 IF 20 $53.95 $1,079.00 0.00 50.00 20.00 51,079.00 LE 266 $42 54 511,315 64 0.00 50.00 216 00 59,1813.64 EA 6 5265 95 51,595 70 0.00 50.00 6,00 51.595,70 EA 6 $344.87 52,069 22 0.00 50 00 6,00 $2,069.22 EA 1 54,492,02 54,992.02 0.00 50,09 1,00 54,492.02 EA 1 51,291 93 51.291.93 0.00 50.00 100 $1,291.93 LB 315 $4.32 51,360 BO 0.00 50 00 172,00 5743,04 560,515,25 52 00 $44,302.83 LS $15,000.00 515.000.00 0,00 50.00 0.50 57.500.00 LS 1 51.926.54 $1,926 59 1.00 51,926,54 1.00 51,926 54 LF 207 51.00 5207.00 0.00 50.00 0.00 5000 EA 23 590.98 62,09254 0.00 5000 0.00 50.00 EA 1 5324,33 1324 33 0,00 50.00 1.00 $324.33 EA 1 5259.45 $259.96 0,00 50 00 1,00 525996 EA 31 $26.76 5829.56 0,00 50 00 31.00 5829 56 EA 5 516.05 580,25 0.00 50,00 0 00 50.00 LF 750 50,29 $217.50 0.00 50.00 0.00 50.00 LE 435 52,07 5900.45 0.00 $0 00 452.50 5936.68 LF 152 52.22 5337 44 0,00 5000 150 00 5333.00 EA 27 5162 46 59.386.42 0.00 00 00 27 00 $4.386.92 SY 377 55.55 52092.35 0 00 50.00 357,19 51,982A0 SY 137 $7.70 51,059.90 0.00 50.00 127 39 $980.90 CY 500 57 00 53.500.00 0.00 5000 25,00 $175.00 SY 18,300 52,89 554,332.00 0.00 5000 18,800.00 $64,332.00 CY 909 55.65 55,135.85 0.00 $0.00 909.00 55,115.65 RS 55 5310.00 $17,050.00 000 50.00 55.00 017.050.00 TN 1,611 050 07 580.662.77 0,368,94 568,542 83 5,35/3,91 500542.8) TN 1,611 545 98 $74,073.79 0.00 50 00 1,411.00 564,877.78 GAL 951 5196 51063 96 250,00 5400.00 350.00 568600 SY 367 615.00 55,506.0(1 32.00 $480.00 363 00 55,445.00 SY 91 $46.02 64,187.82 0,00 $0,00 103.00 54,970.16 CONTRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 124 SAW & SEAL STREET (40' INTERVAL51 LF 4,025 52.48 59,932,00 0.00 $0.00 0.00 50.00 125 RIPRAP CY 15 586 49 $1,297.35 0.00 50.00 13.50 51,157.62 126 SEDIMENT REMOVAL (LV( CY 57 $27.03 $1,540 71 0.00 50.00 2800 5755.84 127 MODIFY STORM STRUCTURE 104 LS 1 $3,546.04 $3,546 04 0.00 5000 100 53,5.16,04 128 CATCH 5ASIN CASTING R-3067-v EA 23 5927.69 514,436 87 0.00 $0.00 0.00 $0.00 129 MANHOLE CASTING 44642,3 EA 4 5474 D7 51,896.23 4 00 51,896 28 4.00 51,696 28 130 SOLID (TX3IX1.0HT) CONCRETE 08 SECTION EA 8 5560.15 54,481,20 2.00 $1,120.30 2.00 51,120 30 131 MINOR STRUCTURE REPAIR EA 15 $172.81 $2,692.15 0 Oa 50.00 OM 50.00 132 RECONSTRUCT DRA,NAGE STRUCTuRF LF 10 $0.01 $0.10 D 00 $0.00 0.00 $0.00 133 8418 CONCRETE CURB & GUTTER LE 13,140 510.65 5129,291.00 0.00 50 00 11,547.00 $122,97555 134 STREET SWEEPING HR 30 50.01 $0,30 3.00 $0.03 &DO $0.06 13S IMPORT AND PLACE TOPSOIL (LV( CY 1.496 $15 00 521,990 00 106 OD $1,590.00 56750 $10,005.00 136 SODDING SY 1,007 53 00 $21,021.00 0,00 50.00 0 00 50.00 137 INSTALL SALVAGED NIARBOX EA 31 $42.81 $1,327.11 30 00 S1,284.30 30 00 S1,284.30 138 INSTALL SALVAGED SIGN EA 5 532.11 $160 $5 0.00 50.00 0.00 50.00 139 INSTALL SALVAGED LANDSCAPE ROCK (ISLANDS) (PI LF 750 $1 58 .51,19500 0.00 50.00 0 00 50.00 SUBTOTAL -DIVISION 5 I S490,767,56 $77,330,28 5383,425.89 DIVISION 6 - HIGHIAND TRAIL NORTH - STREETS I 140 500812791109 15 53,500.00 53.500,00 0,01 5875.00 0.25 S875.00 141 TRAFFIC CONTROL 1.5 51,070.30 S1,070.30 0.25 5267.58 0.25 526158 1.42 INLET PROTECTION EA 8 $90 98 5727.34 0.00 5000 0.00 50.00 1773 REMOVE & DISPOSE OF EXIST. CONCRETE CURB AND GUTTER LF HO $4 55 $364.00 24 oo 5109,20 24.00 $109.20 144 REMOVE MANHOLE OR CATCH BASIN CASTING EA 6 $114.23 $535,38 3 00 $342,69 3.00 5342 59 149 MILL 2" OE EXISTING BITUMINOUS PAVEMENT(P) SY 4,900 $1.60 57,840 00 ,,,, $0.00 000 $0.00 146 REMOVE & REPAVE BITUMINOUS FLUME LS 1 51,214,34 51,214.34 000 50.00 000 50.00 147 SPOT BiTuMINDUS CURB REP,ACEMENT LF 136 910 48 $1,425.28 0.00 50.00 0.00 50.00 146 TYPE SP 9.5 BITUmINOUS WEARiNG COURSE MIXTURE 12,CI TN 637 $51,01 S32,493.37 cup 50.00 0.00 50.00 149 BITUMINOUS MATERIAL FOR TACK COAT GAL 2B7 51.96 5552.77 0.00 50.90 2.00 50 00 150 CATCH BASIN CASTiNG R,3067,V EA I 5627 69 5627.69 0.00 50.00 0.00 $0.00 151 CATCH BASIN CASTiNG R-3250,1 EA 4 5760.91 53,043 64 0Do $0.00 0 00 50 00 152 CATCH 3ASIN CASTING 8.3501.18 EA $740.51 5740.51 0,00 50 00 0.00 $0.00 153 STREET SWEEPING HR 4 50.01 50.04 0.00 50 ao 0,00 50.00 154 IMPORI ANU PLACE TOPSOIL (LVI CY 30 $24.65 5739.50 0,00 50.00 0.00 50.00 355 SODDING SY 138 SS 30 $731.40 0.00 $0 00 0 00 S0.00 SUBTOTAL . 32111131034 6 955,756.01 91,594.47 $1,594.47 DIVISION 7 ...IAMELY AVENUE NORTH - STREETS 156 MOBILIZATION LS 53,500,00 53,500.00 ODD $0.00 0.00 $0.00 137 TRAFFIC CONTROL LS 1 51,070.30 51,070.30 0.00 5000 0.00 50.00 159 MILL 2" Of ExISTING BITUMINOUS PAVEMENT (P) 5Y 4,090 51.60 56,544.00 000 $0.00 0 00 50.00 1 I 159 ADIuST VALVE BOX IWATER) EA 5 $274.15 51,370.75 0,00 50.00 0.00 50.90 I 160 TYPE SP 9,5 BITUMINOUS WEARING COURSE MIXTURE (2,C) TN 531 $51.48 527.335.83 0,00 $0.00 0.00 50.00 161 BITUMINOUS MATERIAL FOR TACK COAT GAT 236 51,96 5462.59 0.00 50.00 0,00 $0.00 162 STREET SWEEPING HR 4 50.01 50.04 0.00 50.00 0.00 $0.00 SUBTOTAL • DIVISION 7 640,283,53 $0,00 $0,00 TOTALS BASE CONTRACT $1,189,61033 $145,949.92 5746,168.53 CHANGE ORDER NO. 1 C01-2 REMOBiLLZATiON LS 1.0 51000.00 $1,007) 00 0.00 $0.00 1.0 $1,000 00 C01-2 4" PERFORATED EDGE ORAN WITH BACKFILL & WRAP LF 1,179.0 $19,45 522,931,55 0.00 $0,00 1,179 0 522,931 55 C01-3 DRAINT[LE CLEANOuT EA 11.0 $330.00 $3,630,00 0,00 50.00 11.0 53,630 00 G01,4 ?RECAST CONCRETE HEADLVALL EA 2 0 5295.00 5590.00 0.00 50.00 2.0 $590.00 6015 CORE DRILL INTO EXISTING STORM SEWER EA 5.0 $825 00 54,125.00 0.00 S0.00 50 54,125,00 C01-6 CONNECT TO EXISTING DRAINTILE EA 2.0 5350.00 5700 00 0 00 SO 00 2.0 5700.00 TOTALS - CHANGE ORDER NO. 1 $32.976.55 50 00 $32,976.55 TOTALS REVISED CONTRACT $1,222,586.88 5145,99192 $779,145.08 (Art Hi, IN: 0 AY0 COU C CO DATE: CONSENT ITEM # U ICATIO August 16, 2016 AGENDA ITEM: Inwood Trunk Watermain Improvements — Pay Request No. 4 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED 0I41)ER OF BUSINESS ilrentoved fi-ont theConsent Aeenda): Questions from Council to Mayor Facilitates Public Input, if Appropriatc........................................Mayor Facilitates - Call for Motion ....... ...... . ..... ....... ............ ...... ...... .......... Mayor & City Council Discussion............... ......... „ ....... ............. ..... ....... ...... Mayor & City Council - Action on .......... ............................. Mayor Facilitates POLICYRECOMMENDER: Engineering. 12 FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Pay Request No. 4 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. 4 in the amount of $248,363.65. 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 $69,479.95. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 4 for the Inwood Trunk Waten-nain Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: -- page 1 -- City Council Meeting [Consent Agenda Item 12] August 16, 2016 "Move to approve Pay Request No. 4 to Northdale Construction Company, Inc. in the amount of $248,363.65 for the Inwood Trunk Watermain Improvements". ATT APIMEN T (SA: 1. Partial Pay Estimate No. 4. -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO, 4 INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS PROJECT NO. 2014.130 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No, CONTRACT CHANGE ORDER SUMMARY Approval Date 1 7/5/2016 Amount Additions Deductions S2,200.00 TOTALS $2,200.00 NET CHANGE $2,200.00 START DATE: SU3STANTIAL COMPLETION: FINAL COMPI ETION: 3/23/2016 8/26/2016 9/30/2016 $0.00 CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance with the contract documents. ENGINEERING, inc. PERIOD OF ESTIMATE FROM 7/1/2016 TO 7/29/2016 CONTRACTOR: NORTHDALE CONSTRUCTION COMPANY, INC. 9760 71ST STREET NE ALBERTVILLE, MN 55301 ATTN: PHILIP LESNAR PAY ESTIMATE SUMMARY 1. Original Contract Amount $1,411,737.31 2. Net Change Order Sum 52,200.00 3. Revised Contract (1+2) $1,413,937.31 4. *Work Completed $1,389,599.08 5. *Stored Materials $0.00 6. Subtotal (4+5) $1,389,599.08 7. Retainage* $69,479.95 8. Previous Payments $1,071,755.47 9. Amount Due (6-7-8) $248,363.65 *Detailed Breakdown Attached 191 ON SCHEDULE 0 YES 63 NO FOCUS Engineering, inc. ENGINEER 8/9/2016 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract BY documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due, 3 °t APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA 1 BY DATE BY DATE 1,3 x FOCUS Engineering, inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 4 INWOOD AVENUE TRUNK WATERMAIN IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.130 ITEM DESCRIPTION OF PAY ITEM UNIT DIVISION 1 - GENERAL 1 MOBtLIZATION 2 793071400741601 5,L7 FENCE, MACHINE SLICED 4 CLEAR ANO GRUB TREE 5 DITCH CHECK SUBTOTAL DIVQION 1 F S C S ENGINEERING, inc. CON- TRACT THIS PERIOD TOTAL TO DATE QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT - .. . . . . .. ...... LS 1 5615000.00 564,8001SO 000 50.00 1.00 564,800 00 15 1 $22,345.00 522,945 00 0,20 54,589,00 095 521,797.75 LF 600 54.13 $2,473.00 0 00 50.00 200 5626.00 EA 6 5750 CO 54,500.00 000 50 OD 0 SO 00 EA 20 5104,50 51.045,00 0.00 $0.00 0 00.00 _ 595.768.00 $4,539,00 587,429,75 DIVISiON 2 . WATERMAIN CONNECT TO EXISTING $1° WATERMAIN EA $7,433 75 $7,433.75 0 50.00 0 50 00 CONNECT TO EXISTING 16" WATERMAIN EA 2 513,187 61 526,375 22 0 50.00 1 $13,187.61 HYDRANT EA 11 54,431.40 543,745.40 1 54,431.40 10 5-14,314 DO 4 HYDRANT EXTENSION LF 6 51,628.80 59,779 30 0 50 00 55 55,700.80 0" GATE VALVE AND BOX EA 10 $2,476.08 574,760.80 1 52,476.08 10 524,760,80 6 8" GATE VALVE AND SOX EA 5 52.920 05 $8,760.11 0 50 00 2 S5,1340.10 7 12" GATE VALVEANDROS EA 2 54,117 60 $8,235.20 0 50 00 2 58,23S 20 8 16" BUTTSRRY VALVE AND BOX EA 19 $10,711.98 5203,527.61 5 553,559 90 19 5203,527 62 9 1" COPPORADON STOP WIGS zusszsz SADDLE EA 3 5709,63 $2,128.89 0 50 00 3 $7.178.39 10 1" CURB STOP AND CURB BON EA 3 $775.20 52,325,60 0 50.00 3 57.325 60 11 1" COPPER WATER SERVICE PIPE LE 100 $5097 55,097.00 0 50 00 81 54,178,57 12 6" clucnss IRON WAMPUM/SIN PIPE, CLASS 52 4.1 75 563 87 54.790.2$ 19 $1,101 60 141.0 59,005.67 13 8' DUCTILE IRON WATERMAIN PIPE., CLASS 52 LF 96 $7032. 56,750,72 0 50.00 42 52,953.44 14 12" DUCTILE IRON WATERMAN WRE, CLASS 52 IF 28 5103 70 53,043 60 Et 50,00 95.75 52,799.03 15 16" DUCTILE IRON WATERMAIN WPC, CLASS 52 LE 25 1078,38 $3,174.50 20 52,539 60 55 $6,983.97 16 16" HOPE DIPS DR11 WATERMA1N, DIRECTIONAL GRILL LP 11,015 574,75 5823,371.25 2,214 5IE5A9650 10,940 5817,765.00 17 DUCTILE IRON FITTINGS LEL 5,810 510.74 562.399 40 1,773 519.042 07 8,776 594.754.24 16 HORIZONTAL DIRECTIONAL DRILLING BORE PITS LS 1 509,462.20 549,462 20 0 $7,419.33 0.90 S44,515.98 19 WATER SERVICE CONNECTION PITS LS 1 $7,000.00 $7.000.00 5700.00 095 $6,650.0U 20 TRIVIEW MT STAT/ON MARKER EA 18 5156,02 $2,808,36 $0.00 0 S0.00 SUBTOTAL . DIVISION 2 51,310.017.71 $766,846.43 51,290,076 45 DIVISION 3 -STORM SEWER SALVAGE CONCRS TE PIPE CULVERT 77 60 515.00 $900 00 2 wwTALL SAVAGED CULVERT LE 60 $31.11 51.066.60 SUBTOTAL . ONISION 3 52,766.50 DIVISION 4 . STREET CONSTRUCTfON I SALVAGE AND REINSTALL MAILBOX EA 2 $165.07 5330.00 2 SALVAGE AND REINSTALL SIGN EA 13 5220.00 $2,86000 SUBTOTAL . DIVISION 4 53.190 00 TOTALS - RASE CONTRACT 51,48L737.31 CHANGE ORDER NO. 1 0OI,1 HYDRANT OFFSET EA C01,2 18" FLARED END SECTION EA TOTALS CHANGE ORDER NO. 1 TOTALS REVISED CONTRACT 2 5500.00 51,000.00 1 5:,200.00 51,200 so $2,200.00 51,413,937.31 Ss 0:7 scut) SO OD SO 00 Sczoo 50.00 S261,431.43 O 80.00 O SO 00 50.00 $262,435,43 14 5210 00 5243 88 5458 BB 50 CO 5440,00 $440 DO 51,387,399.08 2 $1,000.00 1 $1.200.00_, $2,200.00 S1,389,599,08 INF (.11 KE ELMO AYOR COU C L CO U 1CATION DATE: CONSENT ITEM # August 16, 2016 AGENDA ITEM: Inwood Booster Station 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 SIJGGES1'El) ORDER OF BUSINESS if removed front the Consent 4jIa Questions from Council to ,,,,, ,,,,,, 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. 13 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 Booster Station Improvements project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Magney Construction, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 3 in the amount of $92,094.66. 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 $14,047.29. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the COILS Olt Agencla, Pay Request No. 3 for the Inwood Booster Station Improvements project. If removed from the consent agenda, the recommended motion for the action is as follows: -- page City Council Meeting [Consent Agenda Item 13] August 16, 2016 "Move to approve Pay Request No. 3 to Magney Construction, Inc. in the amount of $92,094.66 for the Inwood Booster Station Improvements". ATT ACHMENT(S): 1. Partial Pay Estimate No. 3 -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. INWOOD BOOSTER STATION IMPROVEMENTS PROJECT NO. 2014.129 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No, CONTRACT CHANGE ORDER SUMMARY Approval Amount Date Additions Deductions TOTALS $0.00 NET CHANGE $0.00 START DATE_ SUBSTANTIAL COMPLETION: FINAL COMPLETION: F ENGINEERING, inc. PERIOD OF ESTIMATE FROM 7/1/2016 TO 7/31/2016 CONTRACTOR; MAGNEY CONSTRUCTION, INC. 1401 PARK ROAD CHANHASSEN, MN 55317 PAY ESTIMATE SUMMARY 1. Original Contract Amount 2. Net Change Order Sum 3. Revised Contract (1+2) 4. *Work Completed 5. `Stored Materials 6, Subtotal (4+5) 7. Retainage* 5.0% 8. Previous Payments $0.00 9. Amount Due (6-7-8) 4/28/2016 10/28/2016 11/25/2016 *oetniled Breakdown Attached CONTRACT TIME ORIGINAL DAYS REVISED DAYS REMAINING ENGINEER'S CERTIFICATION: The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief, the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. 211 211 117 $1,30is,404.00 $0.00 $1,308,404.00 $280,945.75 $ 0.00 $ 280,945.75 $14,047.29 $174,803,80 $92,094.66 ON SCHEDULE YES N0 MSA PROFESSIONAL SERVICES D A T ET APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA 75/4 CONTRACTOR Y BY RY FOCUS Enbinee PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 3 INWOOD BOOSTER STATION IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.129 ENGINEERING, inc. ITE M DESCRIPTION 015 PAY ITEM DIVISION 1 GENERAL MOBILIZATION 2 TRAFFIC CON TROL 3 SILT FENCE 4 CLEARING AND GRUBBING 5 TEMPORARY ROCK CONSTRUCTION ENTRANCE 6 STREET SWEEPING 7 SITE RESTORATION SUBTOTAL -DIVISON 1 CONTRACT UNIT QUANTITY UNIT PRICE AMOUNT THIS PERIOD QUANTITY AMOUNT TOTAL TO DATE QUANTITY AMOUNT! LS 1 055,00000 $55,000.00 000 00,00 1,00 555.000 OD 1.5 1 5700.00 5100,00 0.20 5140.00 0.86 5560.00 15 240 53.00 572000 120,00 $360.00 240 5720,00 15 1 52,000.00 52,000.00 0.00 50 00 1 52,000 CC EA 1 51,000.00 51,000.0C 0.00 50 00 I 51,000.00 HR 10 5105 00 51,050 00 000 50.0C 0 SO 00 15 1 54,800 00 54,60000 0.00 50.00 0 $0.00 $65,270.00 5500.00 559,280.00 DIVISION 2 , WATER MAIN 8 CONNECT TO EXISTING WATERMAN AND SERVICE EA 3 $1,500.00 54,50000 0.00 50.00 9 1.5" COPPER WAIER SERVICE PIPE LF 59 550.00 53,25000 000 $0.00 10 12" DUCTILE IRON WATERMAN PIPE, CLASS S2 LF 100 $120 00 $12,000 00 000 $000 11 DUCT*" IRON FITTINGS LB 844 51600 55,504.00 0.00 50.00 5013-7014L , DIVISMN 2 525.254.00 50.00 3 54,500.00 65 53,250.00 100 S12.000 00 344 $5,504.00 525,254.00 DIMSRION 3' STORM SLWIM 12 10' PVC DRAIN LF 15 550.00 5750.00 0,00 5000 0 50,00 13 18" RCP STORM SEWER PME, CLASS 5 LF 130 $50 00 55,500.00 121.00 56,050.0D 121 $6,050 00 14 18'11CP FLARED END SECTiOti EA 1 $1,500 00 51,500 00 1.00 51,500 OD 1 51,500,00 15 CATCH BASIN/MANHOLE EA 2 $9,000,00 56,000,00 2.00 50,000,00 2 56,000.00 16 RANDOM RIPRAP CLASS III {CV) CY 10 5160 00 $1,600.00 0,00 $0.00 0 50 00 SUBTOTAL , DIVISION 3 516,350 00 513,550.00 513,550,00 DIVISION 4 - DRIVEWAY CONSTRUCTION 17 COMMON EXC-AVATION 7/5 CY 690 520,00 $13,800.00 0.00 50,00 690 512,800.00 18 SELECT GRANULAR BORROW IP) CY 110 525 00 52,750.00 000 $0.00 0 $0.00 19 SURGRADE PREPARATION 15 1 51,400.00 51,400,00 000 $0 00 0.00 5000 20 AGGREGATE BASE CLASS 5 TON 140 522 00 $3,080,0C 0,00 SO 00 0 50,00 21 TYPE SP 9.5 W5AR COURSE MIX (2,89 TON 50 595.00 $4,750.00 0.00 50.00 0 50.00 22 4" CONCRETE SIDEWALK SY 41 $70.00 $2,870.00 0.00 $0.00 0 50 OLT 23 SEGMENTAL RETAINING WALL EF 480 $23 U0 $11.040.02 000 $0.00 0 5000 24 SPLIT RAIL 5ENCE LF 120 517.0D 52,040 00 0 00 50.00 0 50.00 2S GUARD POST EA 3 $3517.00 51,050.00 0.00 50.00 0 50 IV 26 5" 7535044550 PVC. DRAIN 15 14D 540.00 55,600,00 60.00 52,400 00 60 $2,400.00 27 M MUNE DRAIN 54 5 $900 00 54,500.00 400 $3,600.00 4 53,600.00 28 ROOF DRAIN COLLECTION EA 0900 00 54,500,00 0.00 0000 0 50 00 29 41RAINTIL5 CLEANDUT EA $900.00 5900.00 0.00 $0,00 0 SITOC SUBTOTAL • DIVISION 4 558,280.00 56000.00 519,800 00 30 DIVISION 5 BOOSTER FACILITY 31 Supervision 32 130051 & Imurance 31000 Commie Work 32000 Rebar 33516 Heavy Duty Concrete Floor Finish 42000 Masonry Work $5000 MIsc 52550252 61000 Rough Carpentry 02210 Plastic Trisrn 71113 ERtummous Damproofing 72113 insuLatioo (below gmdel 72126 Biown FtbergIass Insulavem 72726 Fluid Applied Membrane Air Ruder 73113 Asphalt Shormles 74618 Aletaf Soffit & ELM., pliers & cownsp0u14 74646 MinBrAl Eiber Siding 7920D Joint $6aIan05 81600 FRP Elocos 88100 Gass & Glazing 88410 TransIment Windom 97750 FRP Surfime Iamnated panels 99600 High perfo9m09000001554 101469 Warnmg Signs LS $18,550 DO 518,55000 0.10 51,855.00 0 40 57,420.00 LS 519,620,00 519.620,00 0.00 50.00 1.00 $19,620 00 LS $58,760.00 $58,760.00 0.25 514,690,00 0.75 $44,070.0C LS 65,100 00 $5,100.00 0 2$ 51.275 00 0.75 53,825.00 15 51,860.00 $1,860.00 0.00 0000 0,00 50,00 LS 570.180 00 510,48000 0.55 538,164.00 0,55 $38,164 00 tS 1 $3,350 00 53,350.00 1 00 53.350.00 1.00 53.300 00 LS 1 525,500.00 525,50000 0.00 SO DO 0.00 50.00 L$ 1 51,170.0C 51,170.00 0.00 5000 0.00 SO 00 LS 1 5570.017 5670.00 000 $0.00 000 10,00 LS 1 51,250.00 51,250.00 100 $1,250.00 1.00 $1,250.00 LS 1 51,700 00 52,7510,03 0.00 50.00 0.00 50.00 LS 1 84,000.00 54,005),20 0.00 50.00 0.00 50.00 LS 1 56,60000 56,600.00 0.00 50.00 0.00 50 00 LS 1 56,550,00 $6,550.00 0.00 5000 0.00 5000 LS 1 510,60D 00 $10,600.00 0.00 50.00 0 00 50.00 lS 1 53,210 00 53,210 OD 0.00 50.00 0 00 50,00 LS 1 511,950 00 $11,950.00 0.00 5000 0.00 50.00 1.5 5500,00 5500 00 000 50.00 000 SO OC LS 59,950.00 09,960.00 0.00 $0.00 D 00 50,210 LS $9,540.00 59,640,00 0.00 50.0C 0 00 50.00 55 $13,400,00 S13,400.00 0.00 50 00 0.00 00 00 LS MO 00 5200.00 0.00 5000 0 00 SO 00, CON TRACT THIS PERIOD TOTAL TO DATE ITEM DESCRIPTION OF PAY ITEM UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTIIY AMOUNT' 104415 Fire Extingthshers LS 1 5350.00 5350.00 0.00 50 00 0.09 50.0u 220000 Pihrnbmg LS 522,500,00 522,500.00 0.30 56,750.00 0 35 57,375.00 230000 NVAC LS 1 546,400 00 546,400,00 0.00 50.00 0.00 50.00 260500 E7ec90100; LS 1 579.500 00 579,800.00 0 10 579130 00 0.15 511.970.00 132305 E07104015 15 1 57,580,00 $7,880.00 0.10 5788.00 0.60 54,72B 00 331300 Dt,ihfechar, of Water Storag.h. Structures LS 1 5950 00 5950 00 0,00 50.00 0.00 50 00 402323 Process Pip,ng LS 1 5111;100,00 5111,400.00 0.00 50 00 0.00 50.00 412223 00170674 Hand Chain Hoist & heolkh, 1,5 1 51,200.00 51,200 00 0.00 50.00 0.00 50.00 444200 Wathr %Mem Sharage ;ankh IS 1 525,200.00 526,200 00 0 00 50 00 000 5000 444256 Vertical Splh hash Booster Purnph 15 1 575,200.00 575,200.00 0.00 50 OC 0.00 50 00 444416 Gas Chlorinahon Sytem LS 1 5101,500.00 5101,500 00 0.00 5(1,00 0.00 50.00 33 SCADA INTEGRATION AND SYSTEM IMPROVEMENTS 5SC.A0A CONTRACTOR) L5 1 530,000 00 530,000.00 000 50.0C 0,00 50 00 34 PAOCESS INSTRUMENTATION AND CONTROL iSYSTEM INTEGRATOR) LS 1 5215,000.00 5215,000.00 0 OD 50.00 000 50.00 35 230 KW GENERATOR 5E1 LS 1 5105.000.00 5105,000.00 0.00 50 00 0.00 50.00 36 UTIthlY ALLOWANCE (ELECTRIC, NATURAL GAS, TELECOMMUN:CATION/DA 15 1 510,000.00 510,000 00 002 5189 75 002 5159 75 37 HWANG TANK AND ASSOCIATED PIPING LS 1 520,000.00 520,000 00 0.00 50..00 1.00 520,000.00 38 EROSION CONTROL ALANKET SY 625 52.00 51,250.00 0.00 50 OD 0 00 50,00 SUBTOTAL DIVISION 5 51,143,250 00 576,591..75 5153,061.75 7302I.5 51,305,424 OC) 596,941 75 5250,945 751 HI, (.:1 KE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AY0 COU CIL CO U ICATIO DATE: CONSENT ITEM # August 16, 2016 Inwood Booster Station Improvements — Change Order No. 1 Chad Isakson, Project Engineer Kristina Handt, City Administrator Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTEI) ORDER OF BUSINESS if removed from the Consent Agenda): Questions from Council to Staff................. ....... Mayor 17acilitates Public input., il Appropriatc............. „ „ ......... „ ...........Mayor Facil hates - Call fir Motion ................ ......... Mayor & City 0)111161 - Discussion ......... ........ ........ ..... ............. ..... .... Mayor & City Council - Action on Motion ..... ...... ............ ...... .. Mayor Facilitates 14 POLICY RECOMMENDER: Engineering, FISCAL IMPACT: Contract decrease in the amount of $5,048.49. This change order decreases the contract amount for the project by $5,048.49 bringing the revised construction contract to $1,303,355.51. With this change order the project remains within the authorized project budget and contingencies. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Change Order No. 1 for the Inwood Booster Station Improvements project. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: This change order is being processed at the request of the City for project revisions with a net contract change in a deduct amount of $5,048.49. Each item was reviewed closely with the City, Engineer of Record, and Contractor as construction progresses on the Booster Station project. The various project revisions are as itemized below: . Common Excavation: $3,700 ADD. Additional excavation was required for driveway entrance revisions needed to respond to Washington County R/W permit requirements. -- page 1 -- City Council Meeting [Consent Agenda Item 14] August 16, 2016 2. Chemical Pump Relocation: $255.78 ADD. The chemical booster pump was installed outside of the Chlorine Room as required by the MN Department of Health permit conditions. 3 Main Circuit Breaker and Variable Frequency Drive (VFD) substitute: $3,082.56 DEDUCT. In working with the contractor a substitute circuit breaker and VFD was identified for use on the project at a lower cost. 4. Booster Pump substitute: $3,500 DEDUCT. In working with the contractor a substitute booster pump was identified for use on the project at a lower cost. 5. Water Service Connections. $5,666.18 ADD. The water service was upsized and relocated to correct for a plan discrepancy and to coordinate between the trunk wateimain and booster station contracts. 6. Building Insulation: $1,047.11 ADD. Additional insulation was installed under the siding as required by the MN Department of Labor and Industry. 7, Remove Chlorination Actuators: $9,135.00 DEDUCT. The emergency gas shut-off actuators were removed from the scope of work after being determined to be redundant. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 1 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 Change Order No. 1 for the Inwood Booster Station Improvements thereby decreasing the contract amount by $5,048.49". ATTACHMENT(S1: . Change Order No. 1. -- page 2 -- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA INWOOD BOOSTER STATION IMPROVEMENTS PROJECT NO. 2014.129 CHANGE ORDER NO. F S C ENGINEERING, inc. 1 DATE: July 20, 2016 TO: Magney Construction, Inc„ 1401 Park Road, Chanhassen, MN 55317 This Document will become a supplement to the Contract arid all provisions will apply hereto,. The Contract Documents are modified as follows upon execution of this Change Order, CHANGE ORDER DESCRIPTION / JUSTIFICATION: summary breakdown and supporting doucuments for clarification & cost breakdowns Attachments (list documents supporting change): Attached price quotation(s) & cost proposal(s) ITEM DESCRIPTION OF PAY ITEM UNIT QTY UNITE PRICE INCREASEADECREASE) CO1 Proposal Req. 1-3, Field Change 1-2, Substitute 1-2 LS 1 -$5,048.49 ($5,048.49) NET CONTRACT CHANGE ($5,048.49) Amount of Original Contract Sum of Additions/Deductions approved to date (CO Nos. 0) Contract Amount to date Amount of this Change Order (44).03 (DEDUCT) {NO -CHANCE Revised Contract Amount $ 1,308,404.00 0.00 1,308,404.00 (5,048,49) 1,303,355.51 The Contract Period for Completion will be {UNCHANGED-) (INCREASED) DECRASED 2 days APPROVED BY ENGINEER: MSA PROFESSIONAL SERVICES APPROVED t3Y CONTRACTOR ENGIrtfEER BY 7/ 2, 2// DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA DA I E BY BY DATE DATE FOCUS Engi:leering, inc. CHANCE ORDER FORM CHANGE ORDER NO. 1 INWOOD BOOSTER STATION IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2014.129 ITEM DESCRIPTION OF PAY ITEM C01-1 C01-2 C01-3 C01-4 CO1-5 CO1-6 C01-7 FC1: Additional Common Excavation @ driveway & ditch PR1: Relocate Chemical Pump & Remove Chemical Room Floor Drain Subl: Substitute Main Circuit Breaker & Variable Frequency Drives Sub2; Substitute Booster Pump Manufacturers FC2: Water Service & Watermain Connections PR2: Additional Building Insulation PR3: Remove Chlorination Actuators UNIT QUANTITY CY 185 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 CHANGE ORDER UNIT PRICE $20.00 $255.78 -$3,082.56 -$3,500.00 $5,666.18 $1,047.11 -$9,135.00 AMOUNT $3,700.00 $255.78 -$3,082,56 -$3,500.00 $5,666,18 $1,047.11 -$9,135.00 TOTALS - CHANGE ORDER NO. 1 -$5,048.49 ENGINEERING, inc. DESCRIPTION / JUSTIFICATION Adjust plans per Washington Co. comments Adjust plans per MN Department of Health comments Value engineering and size considerations Value engineering and lead time considerations Upsize & relocate water service, deeper watermain connection Adjust plans per MN Department of Labor & Industry comments Value engineering and space considerations 1 :OMMEIILIAL & INDUSTRIAL CONTRACTORS 1401 Park Road - Chanhassen, MN 55317 www,magneycon 952.474.1674 Office 952.474.1679 Fax SEND TO Company name MSA Attontion Lucas Jones Fax Phone From Peter Aldritt Date 6/8/2016 Proposal # PR-1 Urgent T Please comment [] Please review Total pages, including cover: COMMENTS 1 RE: Inwood Ave Booster Station Proposal Request 1 Lucas, We are affering the following price quotation in regards to the MDH review. Material: Labor: Install Booster Pump outside of Chlorine Room Subcontractor: Northern Plumbing Tech Subcontractor: Taylor Electric Subtotal General Contractor's Overhead Bond & Insurance premiums Total o osal PR #1 C01-2 For your information $ (260.00) 500.00 240.00 12.00 3.78 255.78 Please review this proposal and feel free to contact me with any questions, comments or concerns. Thank you, eaD (a' Peter Aldritt eject Manager .....,.„.„„.,.„„, „„.., Accepted By Date Page 1 of 1 www.magneycon SEND TO Company name MSA Attention Lucas Jones Fax 401 Park Road - Chanhassen, MN 55317 ,com 952.474,1674 Office 952.474.1679 Fax Phone Urgent L Please comment Total pages, including cover: COMMENTS RE: MCC Modifications 1 From Peter Aldritt Date 7/18/2016 Proposal # MC-P2 Revised Please review Proposal For your information C01-rs Lucas, We are offering the following price quotation in regards to the MCC modifications and substituting the electronic main circuit breaker for the thermal mag breaker. Material: Labor: Subcontractor: TPC/Taylor Electric - MCC Modifications Subtotal General Contractor's Overhead Bond & Insurance premiums Total $ (3,037,00) (3,037.00) Please review this proposal and feel free to contact me with any questions, comments or concerns. Thank you, Peter Aldritt Project Manager Accepted By (45.56). 3,082.56) Page 1 of 1 5T' CTIO COMMBOAL 5 INKUIRIAL CONTIIACTOR5 1401 Park Road - Chanhassen, MN 55317 agn y 952.474.1674 Office 952.474.1679 Fax SEND TO Company name MSA Attention Lucas Jones Fax Phone EUrgent Please comment Total pages, including cover: COMMENTS Price uotation COI-4 From Peter Aldritt Date 6/3/2016 Proposal # Please review For your information Lucas, We are offering the following deduct price quotation for the submitted Booster Pumps. Labor: Material: Equipment: Subcontractor: Subtotal General Contractor's Labor Mark Up General Contractor's Overhead Bond & Insurance premiums Total 15% 5% 'Additional Working Days Required for this Change: $ $ 0.0 Please review this proposal and feel free to contact me with any questions, comments or concerns. 7ffnk you, Peter Aldritt Project Manager Accepted By Dale (3,500.00) (3,500.00) 3,500.00) AGNEyCONSTRUCTION COST PROPOSAL WORKSHEET Tv:1 Falk Road C5sFi MN 66317 952474 1674 Cfce 6.152 414.167'3 Fax St. Croix Lift Station DESCRIPTION OF WORK: Furnish and install 1.5" copper water service, curbstop and wet tap from existing water main. This includes the additional 4' of excavation for the 12" Tie -Ins. Existing 12" was at 994.5' DESCRIPTION MAGNEY LABOR Laborer Carpenter- - Operator Plurrberf Pipe Fitter Foreman Superintendent General Superintedant Protect Manager Overtime - Add $30,001 Hr Sunday & Holidays - Add 546.00 Hr MAGNEY Material 1.5' Copper 1.5" Curbstoo MAGNEY Equipment Trench Box Karnatsu 360 Mileage pick Up Truck SUBCONTRACTORS / SUPPLIERS Fobbe Contractive - Wet Tao SUBTOTAL MAGNEY LABOR, MATERIALS, SUBCONTRACTORS MAT. HANDLING LABOR: 4% OF MAT. SMALL TOOLS MAT.: 6% OF LAE_OR, SUB f OTAL MAGNEY OVERHEAD/FEE 15% DATE: COR NO: P.R. NO: R.F.I. NO: ESTIMATED ADDITIONAL CALENDAR DAYS REQUIRED: 2 clays, LABOR QUANTITY UNIT UNIT PRICE LABOR 71- 14 Hr $ 76.23 0 Hr $ 83.02 Hr $ 85.93 Hr $ 91.50 Hr $ 86.72 12 Hr $ 93.00 Hr $ 126.87 Hr $ 100.00 Hr $ 30.00 Hr $ 48.00 SUBTOTAL MAGNEY LABOR SUBTOTAL EQUIPMENT SUBTOTAL MATERIAL SUBTOTAL SUBCONTRACT SUBTOTAL MATERIAL SALES TAX - 7.275% BOND I INSURANCE - 0.015 BUILDERS RISK INSURANCE TOTAL THIS COST PROPOSAL 76 0 Ye. Miles day $1.,067,22 $830.20 $0.00 $0.00 $0.00 $1,116.00 I $0.00 $0.00 $0.00 $0.00 .0 22.26 $3.,035.68 $455.35 UNIT PRICE $0.65 f $90.00 June 6, 2016 MATERIAL EQUIPMENT $210.00 $297,00 $3491.03 I $350.00 $847.79 $840.00 , 2881 .74 N/A $5,666.18 $49.40 $0.00 6.40 $180.81 $737.21 $110.58 $847.79 $350.00 $0,00 CO!-5 CONTRACTS $800.00 1 $840.00 Page 1 www.magneyconst SEND TO Company name MSA Attention Lucas Jones Fax 1401 Park Road - Chanhassen, MN 55317 ction.com 952.474.1674 Office 952,474.1679 Fax From Peter Aldritt Date 6/28/2016 Phone Proposal # PR-2 Urgent 1 Please comment Total pages, including cover: COMMENTS 1 RE: Lake Elmo Booster Station PR-2 Please review roposal For your information PR-2 COI-6 Lucas, We are offering the following price quotation to add a continuous layer of 1/2" Rigid Insulation under the siding. Labor: Material: Tools & Equipment: Subtotal General Contractor's Overhead Bond & Insurance premiums Total Additional Working Days Required for this Change: 0.0 Please review this proposal and feel free to contact me with any questions, comments or concerns, Thank you, Peter Aldritt Project Manager Accepted By Date 415.00 554.39 969.39 62.25 15.47 1,047.11 Page 1 of 1 www. agneyconstruction.com SEND TO Company name MSA 1401 Park Road - Chanhassen, MN 55317 952.474.1674 Office 952.474.1679 Fax From Peter Aldritt Attention Date Lucas Jones 7/12/2016 Fax Phone Proposal # MC-P3 LIUrgent PI Total pages, including cover: COMMENTS ase comment 1 Please review oposal COI -- For your information RE: Removing Motorized Gas Shut off Actuators Lucas, We are affering the following price quotation in regards to removing the Emergency Gas Shut off Actuators. Material: Labor: Subcontractor: Vessco - Removing Actuators Subtotal General Contractor's Overhead Bond & Insurance premiums Total $ (9,000.00) (9,000.00) (135.00), (9,135,00) Please review this proposal and feel free to contact me with any questions, comments or concerns. Thank you, Peter Aldritt Project Manager Accepted By Date Page 1 of 1 THC: y LNI\ E ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COU CILCO U ICATIO DATE: CONSENT ITEM # Inwood Water Tower (No. 4) — Pay Request No. 3 Chad Isakson, Project Engineer Kristina Handt, City Administrator :lack Griffin, City Engineer Cathy Bendel, Finance Director August 16, 2016 OF BUSINESS if removed from the (.'ot!..pit,It.foclq): 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. 15 FISCAL IMPACT: None. Partial payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Pay Request No. 3 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. 3 in the amount of $225,349.50. 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 $23,507.50. -- page 1 -- City Council Meeting [Consent Agenda Rem 151 August 16, 2016 RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 3 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. 3 to CB&I, Inc. in the amount of $225,349.50 for the Inwood Water Tower (No. 4) Project". ATTACHMENT(S): Partial Pay Estimate No. 3 -- page 2 -- PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. INWOOD WATER TOWER NO. 4 PROJECT NO. 2015.130 PROJECT OWNER: CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 ATTN: JACK GRIFFIN, CITY ENGINEER No. Approval Date 1 5/3/2016 TOTALS NET CHANGE START DATE: SUBSTANTIAL COMPLETION: FINAL COMPLETION: CONTRACT CHANGE ORDER SUMMARY Amount Additions Deductions $0.00 $0.00 $0.00 I 4/7/2016 9/28/2017 11/2/2017 S ENGINEERING, inc. PERIOD OF ESTIMATE FROM 7/1/2016 TO 7 0 6 CONTRACTOR: CB&I Inc. 14109 S. ROUTE 59 PLAINFIELD, IL 60544 ATTN: MICHAEL ALLISON PAY ESTIMATE SUMMARY 1. Original Contract Amount 2. Net Change Order Sum $0.00 3. Revised Contract (1+2) 4. *Work Completed 5. *Stored Materials 6. Subtotal (4+5) 7. Retainage* 5.0% 8. Previous Payments $0,00 9. Amount Due (6-7-8) *Detailed Breakdown Attached CONTRACT TIME ORIGINAL DAYS 574 REVISED DAYS 0 REMAINING 461 ENGINEER'S CERTIFICATION: SEH, 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. PC. 7-144-- EN INEER 8/1/2016 DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge, information and belief the work covered by this payment estimate has been completed in accordance with the contract BY documents, that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner, and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY DATE DATE $2,395,000.00 $0.00 $2,395,000.00 $470,150,00 $0.00 $470,150.00 $23,507.50 $221,293.00 $225,349.50 ON SCHEDULE YES NO FOCUSEngineering,inc. PROJECT PAYMENT FORM PARTIAL PAY ESTIMATE NO. 3 INWOOD WATER TOWER NO. 4 CITY OF LAKE ELMO, MINNESOTA PROJECT NO, 2015.130 FS C S ENGINEERING, inc. ITEM DE ScR pi ioN 09 PAY ITEM CONTRACT UNIT QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT THIS PERIOD TOTAL To DATE DIVISION 1 - SITE & UTILITY WORK 1 M08ILI2A1ION is 1 616E70000 $16,000,00 $0.00 0.00 50.00 2 ROCK CONSTRucrioN ENTRANCE EA i S3,822.00 53,877 Oa SO 00 000 5000 3 tRAFEIC CONTROL LS 1 5806800 57,068 00 60,00 0 50.00 4 SUBCERADC ExCAvAnoN CY 120 510.00 $1.20000 50.00 So co 5 GEOTEWILE 89010c TYRE v Sy 200 56 00 61,20000 50.09 50.00 6 ORGANIC TOPSOIL BORROW Cy 100 530 00 53.000.00 60.00 50.00 7 SELECT GRANDLAR BORROW 00 150 516.00 52,400,00 50.00 50.00 8 AGGREGATE BASE, CLASS 6 TON 1,250 522.00 522,50000 50.00 50.00 9 BIT WEARING CODRSE MIX {WEA240B) TON 65 $99 00 56,435.00 50.00 $0,00 10 SIT NON,WEARING COURSE MIX (WE824011) TON 65 599 00 $6,435.00 50,00 50.00 11 TACK COAT GAL 35 510 00 950,00 50.00 SO 00 12 8" CONCRETE APRON SF 350 525.00 58,750.00 50.00 SO 00 13 4" CONCRETE WALK SF 100 520.00 52,00000 Saco SO 00 14 CONNECT TO EXISTING WATERMAIN EA I 52,300,00 52,300.00 50.00 4 $0.00 15 6' DIP wATERN1ADI PIPE, IL 52 LE 40 5110.00 51,100.0a $0.00 50 00 16 16" DIP WATER MAIN PM, Cl. 52 LF 120 5)40.00 516,800,00 50.00 Saco 17 6" GATE VALVE & SOX EA 1 51,960.00 51.9E000 $0.00 $0.00 78 HyDRANT EA 1 54,864 00 54.864.00 50.00 50.00 19 0IP eITTINGS 18 700 51.50 51,750 00 50.00 SO 00 20 POLYETHYLENE ENCASENENT IV 140 3200 5 zeo.00 59.00 50.00 21 4.' X LE CATCH 13A8114 WIT 8 GEAT NG EA 1 57,618.00 52,618.00 50.00 0 50.00 22 1.5'. cLEAR TOCK CY 16 576.03 5821600 50.00 0 $0.00 23 DEOTEKTitE FABRIC TOE ( SY 30 55.00 5 iso oo 50m 0 50.00 24 sr RCP STORM SEWER RIPE, CL. v LE la 508.30 56,120 Da 50.00 0 511.021 25 18" APRON WETRASH GUARD EA 1 $1.700.00 51,70000 50.00 0 5000 28 HAND PLACED RIP RAR, cL, RI CY 10 592.00 5920.00 $0.00 0 50.00 27 GEOTEXPILE FABFBC TYPE iv sy 37 51.00 5111.00 50,00 0 50.00 28 PREA55EM81E051LT BENCE LF SOO 52 25 $1,12500 MOO 0 5000 29 sTRAw BIOROLL LE 1,000 $2,00 $2,000.00 50.00 0 $0 00 30 TEMPORARY SEEDING (MIX 22.111 WITH TYPE I MULCH) AC 1.5 54,000.00 56,000.00 5000 0 50.00 31 SEE DING 118/8 25•131WITH FER I It IZER & HVDROMULCH) AC 15 $3,500 00 55,25000 50.00 0 50.00 SLOTTOTAT - 0134510N I $137,474,00 Soo° 50,00 DIVISION 2 . ELEVATED sTORAGE TANK 1 INSIERANCE AND BoNDS LS 1 547,90000 54 7,90C.00 50.00 1 547.900 00 2 ENGINEERING & AppRENAL ts 1 6239,500.00 5230,500.00 0 30 571,86000 1 5216,55000 3 TANK MATERENS LS 1 S316,100,00 5316,100,00 50.00 0 50.00 4 TANK FABRICATION & SHIP LS 1 5707900.00 5287,700E30 50 00 0 50.00 S FOUNDATION CONSTRUCTION LS 1 5413,400.00 5413,400.00 0 40 5115310.03 1 5206,709 Go 6 CONCRETE SHAFT 00N51 RUCTION LS 1 5372,100.00 5172,100 00 50.00 0 $0,00 7 TANK ERECT,ON (ON GROUND) LS 7 $214,600.00 5214,600.00 50,00 0 $0.00 8 TANK PAINT (ON 00041315( Ls 1 5142,30000 5142,300.00 50.00 0 50.00 9 HONT TANK 15 1 543,450.00 543,450.00 50.00 0 50.00 lit TANK PAINT RN AIR) LS 1 5 74.200.DO 574,200.00 $0.00 0 $0,00 11 STEMLIZE AND TEST LS 1 5976.00 9976.00 50.09 0 Sao° 12 EtECritICAL 1 $89,800.00 589,800.00 50.00 0 $0 00 13 WATER ToWER CONTROL PANEL ANo Rio LS $15.500.00 515,50000 50.00 0 5000 SUBTOTAL- DIVISION 2 58257,526,00 5237,210.00 1470,130,00 TOTALS 52,395,000.00 5237,240.00 5470,150.00 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: August 16, 2016 REGULAR ITEM # CSAH 13 Phase 1 Improvements - Authorize Preparation of a Feasibility Report Jack Griffin, City Engineer Kristina Handt, City Administrator Chad Isakson, Project Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item City Engineer Report/Presentation City Engineer Questions from Council to Staff ..... ........... ........ .,......... .......... Mayor Facilitates Public input, if Appropriate.......................... ...... ....... Mayor Facilitates Call for Motion ....... ................. .......... .......... ..... . ........ Mayor & City Council Discussion ..... ...... ....... ..................... Mayor & City Council Action on ............ .......„...„............... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $7,000. If the improvements are ordered, the report costs will be charged against the project fund and become assessable to the benefitting properties. Should the project not be constructed, the report costs cannot be assessed. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Resolution No, 2016-67, Ordering the Preparation of a Feasibility Report meeting MN State Statute 429 for the CSAH 13 Phase 1 Improvements so that the costs may be wholly or partially assessed to the benefitting properties. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The City of Lake Elmo, City of Oakdale, and Washington County are working jointly to make improvements along County State Aid Highway (CSAH) 13 (Ideal Avenue/Olson Lake Trail) with the Phase 1 Improvements to be constructed in 2017. On July 19, 2016 the City of Lake Elmo approved a Resolution of Municipal Support for the Phase 1 Improvements consisting of pavement - - page City Council Meeting [Regular Agenda Item /8/ August 16, 2016 preservation from CSAH 14 to 44th Street and Street Reconstruction with Trail, Drainage and Sanitary Sewer Improvements from 44th Street to 50th Street. The project will improve the roadway corridor, better manage storm water, add a pedestrian facility. and extend Oakdale's municipal sanitary sewer system to several Lake Elmo properties. 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. The current estimate for the local cost share of the improvements to be shared approximately equally between Lake Elmo and Oakdale is $1,185,142. A Joint Powers Agreement will be prepared to more specifically allocate those costs between the County and each City. Special assessments have been identified as one of the available funding mechanisms for the improvements where the benefiting properties are specially assessed all or a portion of the cost of the improvement, pursuant to the City's Special Assessment Policy and Minnesota Statues, Chapter 429. In order to maintain special assessments as a viable funding alternative, the City Council must direct the preparation of a feasibility report meeting the statutory process for public improvements that are specially assessed. The report will advise on the improvements being recommended along the corridor, provide estimated project costs for the City cost participation of the recommended improvements, including easement and right-of-way, permits, and other requirements needed to implement the improvements, recommend whether the improvements should be made as proposed or in connection with sorne other improvement, and advise if the improvements are necessary, cost effective, and feasible. The Report will also provide a preliminary assessment roll for each of the benefitting properties. Utility improvements will address sanitary sewer service to replace individual on -site treatment systems. Project costs will be as provided by Washington County's design consultant (SRF Consulting) for the improvements. Additionally, a Cooperate Agreement will be needed between Lake Elmo and Oakdale to address the respective municipal cost share along with maintenance responsibilities for the various improvements. RECOMMENDATION: Staff is recommending that the City Council authorize FOCUS Engineering, Inc. to prepare a Feasibility Report meeting MN State Statute 429 for the CSAH 13 Phase 1 Improvements in the not to exceed amount of $7,000. The recommended motion for this action is as follows: "Move to approve Resolution No. 2016-67, Ordering preparation of a Feasibility Report by FOCUS Engineering for the CSAH 13 Phase 1 improvements in a not to exceed amount of 57,000." ATTACHMENT(SI: I Resolution No. 2016-67, Ordering Preparation of a Feasibility Report. 2. CSAH 13 Location Map and Typical Section. 3. Project Schedule. -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-67 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE CSAH 13 PHASE 1 IMPROVEMENTS WHEREAS, on July 19, 2016 the City of Lake Elmo approved a Resolution of Municipal Support for the County State Aid Highway 13 (Ideal Avenue/Olson Lake Trail) Roadway, Trail, Drainage and Sanitary Sewer Improvements for CSAH 13 from CSAH 14 to 50'1' Street; and WHEREAS, the CSAH 13 Phase 1 Improvements, including pavement preservation from CSAH 14 to 44`11 Street and Street Reconstruction with Trail, Drainage and Sanitary Sewer hnprovernents from 44th Street to 5011' Street, are proposed for construction beginning in 2017; and WHEREAS, Washington County, the City of Oakdale and the City of Lake Elmo are each responsible for sharing in the project costs per the Washington County cost participation policy; and WHEREAS, it is proposed to assess the benefiting properties for all or a portion of the cost of the improvement, pursuant to the City's Special Assessment Policy and Minnesota Statues, Chapter 429. NOW, THEREFORE, IT IS HEREBY RESOLVED, That the proposed improvement, called the CSAH 13 Phase 1 Improvements, be referred to the City Engineer and FOCUS Engineering, and that FOCUS Engineering is instructed to complete a feasibility report in accordance with Minnesota Statues, Chapter 429 for the proposed improvements, and to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should be best made as proposed or in connection with some other improvement; using estimated costs for the recommended improvements as determined by the County's design consultant; and a description of the methodology used to calculate individual assessments for affected parcels. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF AUGUST 2016. CITY OF LAKE ELMO By: Mike Pearson Mayor (Seal) ATTEST: Julie Johnson City Clerk Resolution No. 2016-67 7/11/2016 a5 ^ North End Curb and Gutter Design (Trail( CITY OF LAKE ELMO PROJECT SCHEDULE [SAHl3PHASE 1}MPRO\/EMENTS PROJECT NO. 2O15.12S ]ULYl9,2Ol6 AUGUST 16'Z016 FEDKUARYI1,IOl7 FE8RUARY2Z,2Ol7 FE8RUARY27'ZO17 MARCH ZI,I0l6 APR|L4,ZO17 APR|L18,2Ol7 K8AY,J0l7 ENGINEERING, inc. Cara Geheren'P.E. Jack Griffin P.E. Ryan StennpmhiP.[. Chad |sak,un' P.E. 651300.4261 651.300.4264 651.300.4267 651.300.4283 Council approves Phase I Municipal Consent. County proceeds with Final Design. Council authorizes the preparation of the CSAH 13 Phase 1 Feasibility Report, County presents final plans and specifications. Council accepts Report and adopts project assessment policy. Calls Public Improvement and Final Assessment Hearing. Notice of Public Improvement and Final Assessment Hearing (Publish March 1 and March 8.2Ol7). County posts advertisement for bid. Public Improvement and Final Assessment Hearing. Council Orders the Improvement for the CSAH 13 Phase 1 Improvements (Requires 4/5 t h vote). County Accepts Contractor Bids. Council approves "Concurrence" to award contract. Start ofPhase lConstruction. * NOVEM0ER,Z017 Substantial Completion. ~ ]UU, ZOlB Final Completion. AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: BACKGROUND: MAYOR AND COUNCIL COMMUNICATION DATE: 8/16/2016 REGULAR ITEM #: 1 3 Boulder Ponds PUD Amendment/Rezoning Stephen Wensman, Planning Director Kristina Handt, City Administrator Ben Gozola, Consultant Senior Planner Emily Becker, City Planner OP4 Boulder Ponds LLC is requesting approval of a rezoning/PUD amendment to the Boulder Ponds PUD to rezone Outlots B (P1D#34.029.21.33.0023) and C (PID# 34.029.21.33.0024), Boulder Ponds from Commercial PUD and MDR-PUD, respectively to HDR-PUD.. The Planning Commission held a public hearing on 7/25/16 and recommended approval. ISSUE BEFORE COUNCIL: The Council shall determine whether to approve the rezoning/PUD amendment. PROPOSAL DETAILS/ANALYSIS: OP4 Boulder Ponds LLC believes the MDR/PUD was the incorrectly zoning for the proposed 64-unit senior facility proposed for Outlot C. The existing zoning is MDR/PUD whereas the desired zoning is 11DR/PUD. Boulder Ponds would also like to add the adjacent Commercial/PUD outlot, Outlot C, to the development site with the same HDRJPUD zoning. The zoning for Boulder Ponds occurred on 4/21/15 and was based on a density analysis presented during the Concept PUD process. The area guided for Medium Density Residential, which is approximately 10.1 acres, contains 17 single family dwellings and a planned 64 senior facility, which has a planned gross density of 7.98 units per acre; the appropriate density for Medium Density Residential land use guide. The norther portion of the area was developed into 17 single family dwellings and was zoned LDR/PUD. The southern portion of the area was platted as Outlot C (2.24 acres) and zoned MDR/PUD for the planned 64-unit senior residential use. With MDR zoning, the maximum allowed density is only 7 units per acre, whereas with FIDR, the maximum allowed density is 15 units per acre. City Council Meeting 8116116 ConsentIRegulorAgendo Item #19 Correction from the Planning Commission Report. }\04'uuitresidential development on Outlot C would have a density of 25.91 units per acre which exceeds the allowed HDR density. However, after consultation with Consultant Planner, 8enGozo|a, Staff now understands that this density, 64 dwelling units on 2.24 acres was approved as part of the concept plan and anticipated atpreliminary plat. 8yadding the |44ucrc-0udotDtothe development site, rezoning it from Commercial/PUD to HDR/PUD, an additional density of 26 additional dwelling units could beallowed based outhe BDllzoning, nr3] additional dwelling units if 20% density bonus was applied through the PUD (for a total potential density of 90 dwelling units over both Oultots B and C together, or 95 if density bonus is applicable through the PUD). No additional density would be allowed, as suggested by the Developer, for unused density inthe other portions ofthe development, north ofS,'Street. The Developer has suggested that they might want to be allowed additional density if providing senior congregate care facilities with services, as was done with the Arbor Glen project in the Village area. if you recall, the memory care units were not counted towards the overall density count because these units are recognized as being different from standard multi -family residential development. !naddition, the City Council slightly increased the maximum allowed density uptoamaximum ofI6units per acre within the VK4XDistrict area. These provisions required a comprehensive plan amendment and did not include any other areas besides the VIVIX Zoning District. Without a similar comprehensive plan amendment, any memory care units would beconsidered asdwelling units. 'PLANNING COMMI98DONIPUBXIC00ARXNG COMMENTS:, at the Public Hearing, noone spoke from the public and there was nowritten correspondence. The Planning Commission expressed concern about approving the rezoning to HDR/PUD without a specific plan and was concerned that the senior living project could end up as o market rate high density multi -family rental housing. The Planning Commission made amotion that they are in support ofcongregate care with services not counting as dwelling units aswas approved inthe VIVIX District. Todd Williams and Tom Kreimer are in support of more high density residential and that the Boulder Ponds site is an appropriate location. The Planning Commission recommended approval of the reznninQ/PUD amendment with a 7'0 vote. FISCAL IMPACT: There would be no direct fiscal impact by the rezoning/PUD Amendment, however, it will improve the marketability ofOut|ots B and [, which will provide development fees and building permit fees tothe City when developed. Page City Council Meeting 8/16/16 Consent/Regular Agenda Item 1119 OPTIONS: The City Council should consider whether to approve the Rezoning/PUD Amendment from MDR/PUD and Commercial/PUD to HDR/PUD for Outlots C and B, respectively. RECOMMENDATION: Staff and the Planning Commission recommend approval of Ordinance 08-149 Rezoning/PUD Amendment with the following motion: "11!ove to approve a zoning map amendment/PUD Amendment, Ordinance 08-149, to rezone Outlots B (P1D 34.029.21.33.0023) and C (PID 34.029.21.33.0024), Bolder Ponds from Commereial/PUD and MDR/PUD respectively to HDR/PUD". ATTACHMENTS: • Planning Coinmission Minutes 7-25-16 • Planning Commission Report Packet Ordinance 08-149 Page 3 //o .//�. `^ ^^ \\��/��� � �^— City nfLake Elmo Planning Commission Meeting Minutes ofJuly 2G, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at COMMISSIONERS PRESENT: Dunn, Larson, Griffin, Fields, Dodson, Kreinner,Lundquist and Williams. COMMISSIONERS ABSENT: None STAFF PRESENT: Planning Director VVensrnan Approve Agenda: M/S/P: Dodson/Griffin, move to approve the agenda as amended, Vote: J-D, motion carried Approve Minutes: June I7,IO16 M/S/P: Williams/Griffin, move to approve the June 27, 2016 minutes as amended, Vote: 7-0, motion carried. Public Hearing — Zoning Map Amendment/PUD Amendment OP4 Boulder Ponds Wensman started his presentation regarding the Boulder Ponds PUD amendment which isprocessed asarezoning. They would like torezone out(ots8&[from Commercial PUD and K4DR'PUD to HDR'PUO. VVensnnan went through some of the history of the site and explained what the developer istrying todo. VVensrnanprovided draft findings as follows 1) The rezoning/PUD amendment is consistent with the Comprehensive Plan designation for the subject property Z\The proposed land use, Senior Housing is a conditional use in both the Commercial and HDR zoning districts, so the underlying land use will remain unchanged 3)The proposed HDR/PUD zoning is appropriate for the proposed senior housing density. 4\The proposed PUD/Amendment isconsistent with the Boulder Ponds PUD Concept Plan and Preliminary PUD Plans. Wensman stated that in order to develop the site as senior living, the area would need final plat/final PUD plan approval, out|ot 8 & [wou|d need to be combined into a single lot and a conditional use permit approval is required for congregate housing. Dodson iswondering why the CUP application isnot with this. VVensrnanstated that they are trying tomarket the property, but there isnoplan. Dodson iswondering if Lake Elmo Planning Commission Minutes; 7-25-16 3 they rezone the property, what would stop them from putting in a differnet type of High density housing. VV2nsnnanstated that there would benoguarantee that adiffernet plan wouldn't come forward. Fields asked ifthe senior housing isthe motivation for rezoning this property, why wouldn't we vvab until there is e plan for CUP for the senior housing. Fields feels that making the change could have the City end up with something that is unintended. Larson is wondering if there could be a condition attached to this request stating that it isfor Senior Housing. VVensnoanstated that hedoes not believe there can beconditions on a rezoning. Deb Ridgeway, Excelsior Group, stated that they do not have a buyer yet for the property. She feels itistoclean upthe zoning for the marketing ofthe property. She said that they need alarger lot inorder tomarket this assmaller lots are not desirable. They are currently marketing the site asasenior housing project. Williams asked about the combined parcels and how many units they need to make it viable. Deb Ridgeway stated that they feel they need lOOunits for ittobeaviable senior housing project. Williams stated that itisonly approximately 4acres and at15 units/acre maximum, that still only gives them approximately 60 units. Ridgeway stated that based on it being a PUD and looking at the entire site, they would be allowed 210 units. They would beplatting 9Ounits at this time with adifference ofl1Zunits. VVensrnandoes not agree with Ridoevvayscalculations. The underlying zoninDis the tool toenforce the comprehensive plan, There are bonuses allowed, however, once the zoning isset for aparcel, that ishow itneeds tobedeveloped. The LDRcould have been developed more dense, and just because it wasn't, doesn't mean that it can be shifted to another area. The PUDisnot anopen door for density. Williams wanted to confirm the allowed density for this site for HDR zoning. VVensnnan stated that itwould be64units for this project or76unitsif they achieve the 3OY6 bonus. He asked Ridgeway if that is the case, would they still want to proceed with the rezoning request, Ridgeway confirmed that they would. Dunn asked what qualified for a2OY&bonus. \Nensnnanstated that there isthe base zoning and then with aPUDthere are highlights that qualify for bonuses. Dunn stated that it is very hard to keep track of these issues if the developer keeps changing things asthey g0along. VVensrnanstated that the deviations are spelled out atthe time Vf preliminary plat. Fields thinks that rezoning this now without aproject opensthedonrfnrnnarketra0e Lake Elmo Planning Commission Minutes; 7-25-16 Public hearing opened at738pnn No one spoke and there was nowritten correspondence. Public hearing closed at7:3Opnn M/S/P: Willimans/Dodson, move to add finding number 5 that there is disagreement between the applicant and staff as to how many units would be allowed with the new zoning, Vote: J-O,motion carried unanimously. M/S/P: Fields/Williams, move to add finding number 6 that to change the zoning to HDR would allow the site to be marketed as market rate nnuUt-family housing site, Vote: 7- {Lnnmtignmorriedunoninoushy. M/S/P: Williams/, move to add finding number 7 that unit counts for the congregate care asfound inthe senior housing inthe Old Village area, should also beapplied City wide. There was nnsecond and this was added 10the approval motion. Ridgeway wanted to clarify that the preliminary plat was approved to have a 64 unit senior facility, but the zoning was not put into place correctly. They would just like tV expand the acreage sothat they can market this better, The existing residents know that this isintended tobeasenior living project. Ben Schmidt, Excelsior Group, their understanding based on the original PUD is that they could do a 64 unit senior facility on the 2.4 acres, but they would not be able to do itunder the MDR zoning. This needs tochange toHDRtoget towhat was approved with the PUD. Based onthe original density ofthe 2.4acre parcel, byadding the additional acreage, lOOunits |seasy tVget to. Heagrees with using the same language that was used inthe Old Village. M/S/P:VViUianns/Dodson, move torecommend approval qfthe nozoning/PUD Amendment for Outlots B and C, Boulder Ponds, rezoning from Commercial/PUD and MDR/PUD, respectively, to HDR/PUD based on the findings in the staff report and the additional findings voted on and further recommend that the counts that apply to senior housing inthe Old Village, bmapplied rothis site, Vote: 7-0,motion carried Williams stated that the City needs more HDR in the City as we have virtually none right now. Hefeels this isanappropriate place for HDR. Kreinneralso agrees that this was always shown asa nnulti'farni|ybui|ding. Public Hearing — Zoning Text Amendment Open Space Development Lake Elmo Planning Commission Minutes; 7-25-16 4 VVensnlanstarted his presentation regarding the Open Space ordinance, He went through the recommendations that the Planning Commission had. There was also recommendations from the City Council. This version takes into consideration the Comments ofthe City Council. This ordinance iscurrently not inthe Zoning Code, and this will move itback tothe zoning Code. VVensrnenwent through the specifics ofthe changes inthis version. This version articulates what the City islooking for inthese PUD's. One significant change is eliminating the super majority votefurdeviationstoa||nw/nnore flexibility. The Comprehensive Plan isvery clear that the density islA/4Oacres. The Buffer language was updated, septic sites need to be identified first, roadway standards were eliminated in favor nfCity Standards, lot sizes were left at l acre and H acre, building area was clarified and open space configuration can be reduced on a case by case basis. The City attorney added language regarding failing septic systems so that the City does not incur costs for failure. Individual septic systems must he on the individual lots and are not allowed inout|o1s. There will nolonger beapublic hearing atthe concept phase. Now there will be a public hearing at the final plat to memorialize the agreement via ordinance sothat it/salot cleaner and easier L0track. VVensnnanalso stated that the City Engineer did not put a number on the number of homes that would be needed to support acommunity septic. VViUiannsxvou|d|ihethe154.65Opurposetobennudifiedk7soy°wi|d|i6ecorhdor"or ^ natural corridor" instead of just corridor, Williams is concerned about the number of homes necessary to support a community drainhe|d. Dodson feels that the critical language is that the City be able to do the work and bill back the affected residents, rather than relying on the HOA to do the work and collect. Williams pointed out some grammer issues on page 8 item 4 and Dunn would like the (as much aspossible) removed. Leaves too much room for interpretation. Would also like tochange "strive to" to"shaU" Williams is wondering about on page 9 (6) v., the association owned stormwater management facilities, Hcthought that the engineer binsisting that the City own these inother subdivisions. VVensnnansaid that hewill discuss with contract planner and City Engineer. Williams is wondering why the code is silent regarding signage and doesn't just refer tothe City sign code. VVensnnan stated that city sign code would apply and would not need tobeput inthis section. The Planning Commission is not comfortable with page 111 (b) 2, the City holding the conservation easements and would like them to be held by an outside agency. Williams is wondering if there is a list of purposes that the open space can be set aside for. Hethinks that itisnot clear enough what the purposes should be, VVensnnanstoted that it does talk about agriculture and natural habitat, but it does not say that those are Lake Elmo Planning Commission Minutes; 7-25-16 5 the only Zthings itcan beused for. Kre)noeriswondering iflanguage could be added if the land trust doesn't accept the land, Lthe City may consider it. Williams stated that he believes the IVIN land trust typically wants open space that is 10 acres and this could be problematic with the reduction to JOacnes. Dunn feels that there seems to be unintended consequences for coming down tuaZ0acre minimum. Williams iswondering ifthere should bea-setback for trails when there isawetland. Wensman stated that VBWD reviews the plans when a wetland is present and the review process protects that. Williams thinks that 154.660 (3)for deviations, there should be the word "and" after 8' b sothat all ] criteria need to be met toget the deviations. Williams thinks that on page 18 (3) is left over from the commercial PUD and should be taken out. Williams suggested some other changes that were clean upitems that applied more to commercial PUD's. Public hearing opened at9:ISpnl Noone spoke and there was nowritten correspondence Public hearing closed at9:ISpnn K4/S/P: Williams/Griffin, move to postpone consideration Vfthe OPOrdinance until staff can return a cleaned up copy for consideration, Vote: 7-0, motion carried unanimously. Public Hearing — Zoning Text Amendment to opt out of requirements for Temporary Health Care Dwellings Wensman started his presentation by giving an overview of the Temporary Health Care Dwelling legislation. Staff drafted an ordinance to opt out of the state statute. The Building Official had a number Vfconcerns such as septic systems, anchoring, water access, insulation, etc. Staff drafted an ordinance to opt out of the state statute based onthe recommendation nfthe Planning Commission. Public hearing opened at9:30pnl No one spoke and there was nowritten correspondence Public hearing closed at9:3Opnn M/S/P: Dunn/Williams, move to recommend approval of the ordinance to opt out of the requirements ofK4innesoatStatutes Section 462.3593 , Vote: 7-0, motion oonfed Lake Elmo Planning Commission Minutes; 7-25-16 6 Dodson isconcerned that ifthe state felt strongly enough toenact this, should vvebe willing tnprovide amechanism for people toprovide for loved ones. Larson feels that this legislation does not seem tofit inour community. VVensnoan stated that this is really to care for an aging population which is n valid concern, but is not sure that this is the best solution. This has been talked about inmany different states. VVensrnanknows nfatleast adozen cities around usthat have opted out and only lthat heknows ofthat have opted in. Business Item — Ordinance amendment for the keeping of pigeons VVensrnangave abrief update onthe pigeon ordinance. This item was talked about a while back and he has incorporated the suggestions of the Planning Commission from previous discussions. This isnot anitem that isinthe zoning code, soapublic hearing would not be required. This item will move forward to the City Council at a future date, City Council Updates — July 5,2O1G Meeting i) Vacation ofvvaternnaineasement for Auto Owners —passed, ii) Amend Fence regulations in regards to encroachment agreements — passed. iii) Hunting Ordinance —Tabled, iv) CPA for Rural Single Family in rcgardstosanitarysewer—passed. v) Moratorium extendon—passed. vi) Neighborhood park inSavona neighborhood — request for Park Commission to review. City Council Updates — July 19,2016 Meeting |) HundngOrdinance—|nputXiventoP|anningDinectortobhngbachtnfuture Staff Updates 1. Upcoming Meetings a. August Q,2OlG b. August 2I,2O16 Commission Concems Dunn iswondering ifthere isany way toget afeel for what the costs will betothe City for these additional developments that come forward. Beitfor police, fire, lighting, etc. Dunn also mentioned that Baytown and West Lakeland are really concerned about Lake Elmo not taking astand against the airport expansion. She would like ittubetaken to the City Council fora resolution. Lake Elmo Planning Commission Minutes; 7-25-16 7 M/S/P: Dunn/Larson, move to bring a request to the City Council to support Baytown and West Lakeland intheir opposition tothe airport expansion ,Vote: 6-I motion carried unanimously. Williams stated that the current design hasno|nopactontheNea}aveand3OmStneet inter -section. Larson stated that the last set oymeetings that they had come tnan agreement with Baytown. Kre)rnerstated that he just doesn't feel that hehas enough information tovote onthis issue. Fields was wondering if there was any update on the land purchased by Prairie Island and put into trust. VVensnnan stated that hecan check with Khstina. Dunn /s wondering when discussions will start regarding lowering the forecast population numbers. VVensnnonstated that hchas not gotten further direction from the City Council, Meeting adjourned at9:57pnn Respectfully submitted, ]oanZiertnnan Planning Program Assistant Lake Eli -no Planning Commission Minutes; 7-25-16 ITEM: SUBMITTED BY: REVIEWED BY: PLANNING COMMISSION DATE: 7/25/16 AGENDA ITEM: PUBLIC HEAR ITEM CASE # 2016-24 Rezoning/PUD Amendment - Boulder Ponds Stephen Wensman, Planning Director Emily Becker, City Planner SUMMARY AND ACTION REQUESTED: OP4 Boulder Ponds LLC is requesting approval of a rezoning/PUD amendment to the Boulder Ponds PUD to rezone Outlots B (PID#34.029.21.33.0023) and C (PID# 34.029.21.33.0024), Boulder Ponds from Commercial PUD and MDR-PUD, respectively to HDR-PUD. GENERAL INFORMATION Applicant: Property Owners: Location: Request: Existing Land Use Surrounding Land OP4 Boulder Ponds LLC OP4 Boulder Ponds LLC Jade Trail North, South of 5th Street rezoning/PUD amendment to the Boulder Ponds PUD to rezone Outlots B and C, Boulder Ponds from Commercial PUD and MDR-PUD, respectively to HDR-PUD and Zoning: Undeveloped outlots - Commercial PUD/MDR PUD Use and Zoning: LDR to the north, vacant - Commercial PUD outlot to the east, BP to the west, vacant Commercial PUD outlot to the south Comprehensive Plan: MDR/Cornmercial History: Boulder Ponds Preliminary Plat was approved on 7/28/14. The subject parcels were rezoned from RT to Commercial PUDfIVIDR PUD on 4/21/15. Deadline Ibr Action: Application Complete - 6/27/16 60 Day Deadline - 8/26/16 Extension Letter Mailed - N/A 120 Day Deadline - N/A Applicable Regulations: Article XVI, Chapter 154, Sections 750-760, PUD Regulations Article X - Urban Residential Districts Planning Commission Meeting 7/25/16 Page 2 REQUEST DETAILS: OP4 Boulder Ponds is requesting a Rezoning/PUD Amendment of two parcels, Outlot B and C, from Commerical/PUD and MDR/PUD respectively, to HDR/PUD in order to better market the parcels for a future Senior Housing Development. Outlot B is presently zoned for Commercial/PUD and is 1,44 acres in size. Outlot C is presently zoned for MDR/PUD and is 2.24 acres in size. The applicant would like to rezone both parcels to HDR/PUD and market them together for a proposed senior housing project. REVIEW AND ANALYSIS: According to Article XVI, Chapter 15, Section 757, Subd C of the Planned Unit Development Code, PUD Amendments shall be authorized by an amendment of the final development plan under the procedures for zoning amendment in Article III of the City Code of Ordinances. The rationale for the housing density in the MDR portion of Boulder Ponds was described in the 12/09/13 Planning Report for the Boulder Ponds PUD Concept Plan: The medium density area, which is approximately 10.1 acres, contains 81 residential units (17 single family, 64 multi -family), resulting in a gross density of 7.98 units per acre. It should be noted that this density figure is slightly higher than what is guided by the Comprehensive Nan. However, given that the proposed development is a PUD, and that the amount of land guided for medium density residential development on these parcels by the Comprehensive Plan is much greater, Staff has determined that the proposed Concept Plan meets the spirit and intent of the Comprehensive Plan. To explain Staffs reasoning for this determination in another way, the proposed Concept Plan decreases the amount of total land guided for medium density development by over 20 acres by moving the collector road south. The slight increase in density above the allowed range per the Comp Plan is balanced by the significant reduction in the amount of land guided medium density. To put it in simple terms, by using the low end of gross density ranges in the Comp Plan, these parcels were guided to have 195 total residential units (not accounting for road right-of-way), whereas the proposed PUD Concept Plan includes 157 total units. Overall, the proposed PUD Concept Plan is consistent with the intent of the land use and density requirements as guided by the City's Comprehensive Plan. The rationale for the density is sound, however, when it recommending subsequent zoning for the sites, Staff had recommended LDR/PUD for the single family cul-de-sac, Jade Circle North, and MDR/PUD for the senior housing parcel (Outlet C). Outlot B was zoned Commercial PUD. The LDR/PUD zoning is the correct zoning for the single family housing on Jade Circle North just south of 5th Street, but the remaining 2.240 acre parcel (Outlet C) was zoned MDR/PUD for a planned 64 unit Senior Housing project. The zoning code, Section 154.453, Subdivision A, allows: Averaging of Lot Area. When lots are clustered within a development to provide common open space, the open space may be used to calculate an average density per lot to determine compliance with the individual lot area requirements. To determine the allowed density for Oudot C, A 64-unit project on a 2.240 acres site (and 0.23 acres of corresponding open space) would have a density Of 25.91 units per acre, exceeding the 7- unit per acres allowed by the underlying MDR zoning, or 8.4-units per acre if 20°/0 density bonus PUBLIC HEARING ITEM 4b - ACTION ITEM Planning Commission Meeting 7/25/16 Page 3 was applied through the PUD. The HDR zoning would provide a 15-units per acre base density, or 18-units per acre if 20`)/0 density bonus was applied through the PUD. Even with HDR/PUD zoning, the 64-unit project would exceed the density allowable on the 2.47 acre site (.23 acres of open space). Therefore, OP4 Boulder Ponds LLC is proposing to rezone Outlot B (1.44 acres) from CommerciaUPUD to HDR/PUD to add to the Senior Housing project area. With the addition of Outlot B, the 64-unit senior housing project be 4.18 acres (3.68 acres outlot area + .5 acres of open space) in size with a density of 15-units per acre, FIDR/PUD is the appropriate zoning district for the proposed use on Outlots B and C combined. Senior housing (congregate housing) is a conditional use in both the Commercial and FIDR Zoning Districts, so although the request is for a rezoning from Commercial/PUD to HDR/PUD, the proposed underlying land use remains essentially the same. In order to proceed with a senior housing project on the Oulots B and C the following would be required: • Final PUD Plans and Final Plat (combining the two outlots into a single lot) • Conditional Use Permit DRAFT FINDINGS: In order to approve a rezoning, the Planning Commission shall consider findings are shall submit the same with its recommendation to the City Council. Staff suggests the following findings: I . The Rezoning/PUD Amendment is consistent with the Comprehensive Plan designation for the subject property. 2. The proposed land use, Senior Housing, is a conditional use in both the Commercial and HDR zoning districts, so the underlying land use will remain unchanged. 3. The proposed HDR/PUD zoning is appropriate for the proposed senior housing density. 4. The proposed PUD/Amendment is consistent with the Boulder Ponds PUD Concept Plan and Preliminary PUD Plans. RECOMMENDATION: Staff recommends approval of the Rezoning/PUD Amendment for Outlots B and C, Boulder Ponds, rezoning from Commercial/PUD and MDR/PUD, respectively, to HDR/PUD with the following motion: "Move to recommend approval of the Rezoning/PUD Amendment for Outlots B and C, Boulder Ponds from Commercial/PUD and MDR/PUD, respectively, to HDR/PUB tvith the following motion based on the findings in the Staffreport." ATTACHMENTS: PUBLIC HEARING ITEM 4b — ACTION ITEM Planning Commission Meeting 7/25/16 Puge 4 • Application and Narrative • Planning Commission Report — Boulder Ponds PUD — Concept Plan 12/09/16 • Housing Density Analysis (from 12/09/16 Concept Plan) ORDER OF BUSINESS: Introduction....... ...... ..... ............ ......... .......... . ......... ...... Staff - Report by Staff ..... ..... .......... ..... Staff Questions from the Coinmission.... ..... ...... ............ Chair & Commission Members Open the Public Hearing ..... ..... ....Chair Close the Public ..... ...... ........... ..... ..........Chair - Discussion by the Commission ..... ........ Chair & Commission Members - Action by the Chair & Commission Members PUBLIC HEARING ITEM — ACTION ITEM Date ReceivecL Received By Permit THE (Try OF LAKE ELMO 651-747-3900 3300 Laveme Avenue North Lake Emo, MN 55042 LAND USE APPLICATION Ei Comprehensive Plan P4 Zoning District Amend El Zoning Text Amend El Variance'(see below) El Zoning Appeal El Conditional Use Permit (C.U.P.) LI Flood Plain C.U.P. [1] Interim Use Permit (1.11.P.) E] Excavating/Grading El Lot Line Adjustment Minor Subdivision ED Residential Subdivision Sketch/Concept Plan LI PUD Concept Pian El PUD Preliminary Plan El PUD Final Plan Applicant. OP4 Boulder Ponds, LLC (Contact: Deb Ridgeway) Address: 1660 Highway 100 S, Suite 400, St. Louis Park, MN 55416 Phone # 952.525.3223 Email Address: deb.ridaewavaExcelsiorLLC.com Fee Owner: Same as Applicant Address: Phone # Email Address: Property Location (Address and Complete (long) Legal Description: xxxx Jade Trail Outlots B & C, Boulder Ponds Detailed Reason for Request: Rezone Outlots B & C from Commercial PUD and MDR-PUD, respectively to HDR - PUD: Please refer to project narrative for a detailed explanation. 'Variance Requests: As outlined in Section 301,060 C. of the Lake Elmo Municipal Code, the applicant must demonstrate practical difficulties before a valiance can be granted. The practical difficulties related to this application are as follows: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received from the City pertaining to additional application expense. OP4BouldesTonds, LLC Signature of applicant:BY Date. 6/24/16 OP4 B Signature of fee owner: Bv e: 6/24/16 Zoning Amendment & Preliminary PUD Amendment Project Representatives and Contact Information. LANDOWNER/ 0P4 Boulder Ponds, LLC DEVELOPER c/o The Excelsior Group, LLC 1660 Highway 100 South, Suite 400 St. Louis Park, MN 55416 Ben Schmidt, Vice President 952.525.3225 )3en.SchrnidtftExcelsiroLLC,com. Deb Ridgeway, Asset Manager 952.525.3223 Deb.RidRewav(?i)ExelsioraC.com Property Address, Zoning, Parcel Size, PID and Legal Description Oudot B, Boulder Ponds Outlot C, Boulder Ponds ADDRESS XXXX Hudson Blvd )000C Hudson Blvd CURRENT Commercial - PUD MDR PUD ZONING PARCEL SIZE Acres 1.72 2.46 Sq. Ft 2,591,320.2 6,098.4 PIDs 34-029-21-33-0023 34-029-21-33-0024 Soulrler Ponds Preliminary PUD Amendment & Zoning Amendment Application 1 Boulder Ponds is a Planned Unit Development that was approved to include a variety of land uses, including single family residential, multifamily residential and commercial. The first phase of street and utility installation is complete to serve 20 Villa lots, 27 single family lots and 10 acres of commercial and multifamily. During the preliminary plat process, the 2.42 multifamily site (Outlot C) was presented as a 64-unit multifamily building. Based on the current zoning of medium density residential (7 units per acre), Outlot C is allowed only 15.4 units, which is inconsistent with the PUD approval. In addition to remedying this inconsistency, there is a desire to rezone Outlot B to allow multifamily on the entire 4.18 acres, Therefore, this application requests approval to amend the zoning of Outlots B & C, Boulders Ponds from Commercial and MDR-PUD to HDR-PUD and allow for a maximum 112 multifamily units. This is based on the analysis of the current approved plan with 98 units versus the 210.4 units that could be allowed per the zoning code. The accompanying plan further illustrates this. There is no proposed layout at this time, but when a plan is created, Final Plat, Final PUD and Conditional Use Permit approvals will be required providing adequate oversight of the specific site plans. In conclusion, Boulder Ponds offers a uniquely planned mixed -use neighborhood where the land uses provide a seamless transition from commercial to low density residential. The high density use between the commercial and lower density homes creates a complementary buffer and generally a more desirable and overall more viable neighborhood for Lake Pim°. boulder Ponds Preliminary PIM Amemlment& Zoning Amendment Application 2 PROPOSED ZONING EXHIBIT FOR: U OWNER/DEVELOPER OP4 BOULDER PONDS, LLC 11455 VIKING DRIVE SUITE 350 EDEN PRAIRIE, MN 55344 Density Residential 84 Units Approved (Ou(lot C) PROPOSED High Density Residential 15 Units per Acre allowed 4.18 Acres (Outlots B & C)1 4 18 Acx 15 OUA 62.7 Commercial Mutlet i I - Multifamily Residential allowed 1 t 11,pw Density Residential 20 Units Approved 4 Units per Acre allowed 7.98 Acres 7.98 Ac 4 DUA a 31.9 Units allowed OvtlOr.s hLOCCISI ECOLEYARD onal Land Surveyors 6776 ake Drive NE, Suite 110 Lino ekes, MN 55014 Y. OS 341-11200 Foe (651)3614701 PARK ii_ow Density Residential 78 Units Approved ,4 Units per Acre allowed C20.95 Acres !28 95 Ac e 4 DUA .115.8 Units allowed rit .01" SUMMARY OF ALLOWED UNITS 115.80 31.90 +62.70 210.40 Total Allowed Units - 98 Platted Units 112.4 P(oposed Unlls Orl It•F WV` (t)litt(51!:.13& CI VICINITY MAP PART CR SEG 3A. TRIP, F. 2,4. 3 WASH..10N COLCIrr, MrcircR3OTA 1 SCAUZi NORTH NOT TO SCALE Zoning Amendment & Preliminary PUD Amendment Project Representatives and Contact Information. LANDOWNER/ OP4 Boulder Ponds, LLC DEVELOPER c/o The Excelsior Group, LLC 1660 Highway 100 South, Suite 400 St. Louis Park, MN 55416 Ben Schmidt, Vice President 952.525.3225 Ben.Schmidt(1)ExcelsiroLLC.corn Deb Ridgeway, Asset Manager 952.525.3223 Deb.Ridgewav0ExelsiorLI.,C.corn Property Address, Zoning, Parcel Size, P!D and Legal Description Outlot B, Boulder Ponds Outlot C, Boulder Ponds ADDRESS XXXX Hudson Blvd XXXX Hudson Blvd CURRENT Commercial - PUD MDR - PUD ZONING PARCEL SIZE Acres 1.72 2.46 Sq. Ft 2,591,320.2 6,098.4 PIDs 34-029-21-33-0023 34-029-21-33-0024 Boulder Ponds Preliminary PUD Amendment & Zoning Amendment Application 1 Boulder Ponds is a Planned Unit Development that was approved to include a variety of land uses, including single family residential, multifamily residential and commercial. The first phase of street and utility installation is complete to serve 20 Villa lots, 27 single family lots and 10 acres of commercial and multifamily. During the preliminary plat process, the 2.42 multifamily site (Outlot C) was presented as a 64-unit multifamily building. Based on the current zoning of medium density residential (7 units per acre), Outlot C is allowed only 15.4 units, which is inconsistent with the PUD approval. In addition to remedying this inconsistency, there is a desire to rezone Outlot B to allow multifamily on the entire 4.18 acres. Therefore, this application requests approval to amend the zoning of Outlots B & C, Boulders Ponds from Commercial and MDR-PUD to HDR-PUD and allow for a maximum 112 multifamily units. This is based on the analysis of the current approved plan with 98 units versus the 210.4 units that could be allowed per the zoning code. The accompanying plan further illustrates this. There is no proposed layout at this time, but when a plan is created, Final Plat, Final PUD and Conditional Use Permit approvals will be required providing adequate oversight of the specific site plans. In conclusion, Boulder Ponds offers a uniquely planned mixed -use neighborhood where the land uses provide a seamless transition from commercial to low density residential. The high density use between the commercial and lower density homes creates a complementary buffer and generally a more desirable and overall more viable neighborhood for Lake Elmo. Boulder Ponds Preliminary PUD Amendment & Zoning Amendment Application 2 TI IL (T11 NKE ELMO ITEM: SUBMITTED BY: Nick Johnson, City Planner PLANNING COMMISSION DATE: 12/09/13 AGENDA ITEM: 4A - PUBLIC HEARING CASE # 2013-29 Boulder Ponds Planned Unit Development (PUD) - Concept Plan REVIEWED BY: Kyle Klatt, Community Development Director Jack Griffin, City Engineer Mike Bouthilet, Public Works Superintendent Greg Malmquist, Fire Chief Rick Chase, Building Official Matt Moore, South Washington Watershed District SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to hold a public hearing for a request from Amaris Company LLC for a residential Planned Unit Development Concept Plan with 93 single family residential homes and a 64-unit multifamily dwelling to be located on approximately 58 acres immediately east of the Eagle Point Business Park and within the City's 1-94 Corridor Planning Area. Staff is recommending approval of the PUD Concept Plan with 11 conditions of approval as listed in the Staff Report. GENERAL INFORMATION Applicant: Amaris Company, LLC, P.O. Box 10811, White Bear Lake, MN 55110 Property Owners: Louis Damiani Trust, c/o Security Bank & Trust Co., William C. Kuhlmann, 2202 11 Ih Street East, Glencoe, MN 55336 Tim Montgomery, 6211 Upper 51' Street North, Oakdale, MN 55128 Location: Part of Section 34 in Lake Elmo, north of 1-94 and Hudson Boulevard, south of Stonegate residential subdivision, and east of Eagle Point Business Park. PINs: 34.029.21.33.0001; 34.029.21.32.0001; 34.029.21.33.0002. Request: Application for Concept Plan approval of a Planned Unit Development (PUD) containing 93 single family homes and a 64-unit senior housing multi -family residential building to be named Boulder Ponds ofLake Elmo. Existing Land Use and Zoning: Surrounding Land Use and Zoning: Agricultural land with one single family home (9120 Hudson Blvd. N.). Current Zoning: RT - Rural Transitional Zoning District; Proposed Zoning: LDR and MDR PUD North: Residential Estates subdivision (Stonegate) - RE zoning and Park (Stonegate Park) - PF zoning; West: Offices (Eagle Point Town Office Park) - BP zoning; PUBLIC HEARING ITEM 4A - ACTION ITEM South: Retail Trade (Lampert Lumber) - C zoning and Sales and Storage Lots (Cranky Ape) - C zoning; and East: future proposed Lennar urban low density residential subdivision (Savona) - current zoning: RT, future zoning: LDR. Comprehensive Plan: Urban Low Density Residential (2.5 - 4 units per acre), Urban Medium Density Residential (4.5 - 7 units per acre), and Commercial. Histo/T: Applicants are participating in the Section 34 Utility- Project under a Statute 429 area - wide assessment. The utility project is expected to be completed in December of 2013. Deadline for Action: Applicable Regulations: Application Complete - 11/7/13 60 Day Deadline - 1/6/14 Extension Letter Mailed -No 120 Day Deadline - 3/7/13 Chapter 153 - Subdivision Regulations Article 10 - Urban Residential Districts (§154.450) Article 16 - Planned Unit Development (§154.800) REQUEST DETAILS The City of Lake Elmo has received an application from Amaris Company, LLC for a Planned Unit Development (PUD) Concept Plan on approximately 58 acres of land located within the I-94 Corridor Planning Area. The Concept Plan includes 93 single family homes on the northern and central portion of the site, as well as a proposed 64-unit senior housing multi -family residential building. In addition, the Concept Plan includes vacant land along the Hudson Blvd that is planned for future Commercial land uses per the City's Comprehensive Plan. It is the applicant's intention to plat the Commercial areas as outlots until Commercial users are identified. The proposed PUD, to be called Boulder Ponds of Lake Elmo, would be located on property currently owned by the Louis Damiani Trust, currently managed by Security Bank & Trust Co.. and Mr. Tim Montgomery. The Concept Plan has been developed in response to the City's adopted Comprehensive Plan for the 1-94 Corridor, which guide the applicant's land as a mix of Urban Low Density Residential -- LDR, Urban Medium Density Residential - MDR and Commercial. The plan incorporates 93 single family lots, most of which are designed with a width of approximately 65 feet. The majority (76) of the single family lots are located north of the future minor collector road, 5th Street, whereas 17 single family lots are located south of the minor collector. In addition, the 64-unit senior housing multi- family building is also located south of the minor collector road adjacent to the areas that are guided for future Commercial land uses. As opposed to following the City's normal subdivision procedures, the applicants have determined that a planned development approach offers the best method to achieve their development vision for their property. The purpose of the City's PUD ordinance is to provide flexibility in development and zoning standards for large parcels under unified control with the goal of achieving higher quality development. More specifically, the General Concept Plan phase of the PUD procedure allows the applicant to submit a general plan to the City demonstrating his or her basic intent of the development, including general density ranges, location of residential and nonresidential land uses, and location of streets, paths and open space. The purpose of approving the Concept Plan is to PUBLIC HEARING ITEM 4A - ACTION ITEM provide the applicant with conceptual approval related to the requested flexibilities or variations from the City Zoning and Subdivision Ordinances, or other City standards, before incurring substantial costs related to submitting a full Preliminary Plat application. In terms of procedure, the planned development path is similar to the normal subdivision process in that Preliminary and Final PUD Plan approvals must follow parallel track to Preliminary and Final Plat. However, one critical difference between the planned development process and standard subdivision process is that the PUD Concept Plan phase requires a public hearing and the approval of the City Council. Alternatively, the Sketch Plan review phase, the first step in the standard subdivision process, does not require a public hearing and City approval. The reason that the PUD Concept Plan requires a public hearing and City approval is due to the requested flexibility and variation from the City's standard zoning and subdivision procedures. Regarding variation from the City's Zoning Ordinance and Comprehensive Plan, the applicants have requested minor flexibility in a couple of areas, hence justifying the planned development approach. The requested variances or flexibilities will be further discussed and analyzed in the Planning and Zoning section of the Staff Report. The Boulder Ponds Concept Plan also includes a significant portion of the proposed 5th Street minor collector road as planned in the City's Transportation Plan. Once completed, the minor collector road will serve as the primary access for the Boulder Ponds planned development. The segment of the minor collector road included in the Concept Plan is part of the 1 phase of the 5th Street collector road, from Inwood Avenue (CSAH 13) to Keats Avenue (CSAH 19). Eventually, the 5' Street minor collector road is planned to serve the entire 1-94 Corridor from west to east (Inwood Ave. to Manning Ave.). As shown in the Concept Plan, the design of the minor collector road as part of the Boulder Ponds development is consistent with the City's specifications for this roadway segment. The applicant has provided for a 120-foot wide right-of-way, which will provide sufficient room for the construction of a parkway with turning lanes, 10-foot bituminous trail, sidewalk, trees, lighting, and other design elements as planned by the City. It should also be noted that the applicants and other interested landowners in the area have recently met with City staff to discuss the possibility of petitioning the City for a 429 area -wide assessment project to complete the 5'h Street minor collector road from Keats Ave. (CSAH 19) to the western boundary of the Boulder Pond project next year. Finally, to achieve the desired vision of development for their project, as well as address difficult grade issues on the site, the applicants are proposing to move the alignment of the minor collector road to the south. The applicants are currently working with the adjacent property owners to the east, US Homes Corp. (Lennar Homes) and DPS-Lake Elmo LLC (Dale Properties), to come to tenns on an agreed alignment of the 5'h Street minor collector road. The proposed alignment of the minor collector road will be further discussed in the Review and Analysis section of the Staff Report. In terms of utilities, the applicants are currently participating in the Section 34 Utility Project, which is extending sewer and water throughout Stage 1 of the 1-94 Corridor Planning Area. With the improvements associated with the Section 34 project, the applicants will have access to both sewer and water from the south (Hudson Blvd.) and west (Eagle Point Business Park). Currently, sewer and water service are being provided by the City of Oakdale via a Joint Services Agreement. There is currently enough capacity in the Oakdale system to provide sewer and water service to the Boulder Ponds development. As the build -out of the Stage 1 Area of the 1-94 Corridor progresses, the City will need to transition water services to the Lake Elmo municipal water system via the Inwood Ave Trunk Watermain Extension Project, as well as transition sewer flows to the Met Council W.O.N.E interceptor station along Hudson Blvd. The City will work with the applicants to plan for adequate utility infrastructure with the submission of the PUD Preliminary Plan and Preliminary Plat. Other major features of the proposed planned development include outlet areas that will provide for open space, trails, and storm water management throughout the development area. The development PUBLIC HEARING ITEM 4A — ACTION ITEM 4 also incorporates a buffer/greenway area along the northern boundary of the plat adjacent to an existing RE - Residential Estates subdivision as required in the City's Comprehensive Plan, All outlots that are planned for park land or storm water use will be deeded to the City, while the future home owner's association will retain ownership of the remaining outlots. Regarding next steps, the applicant is proposing to bring forward a Preliminary Plan and Preliminary Plat application upon approval of the Concept Plan. Per the PUD Ordinance, the final approval of the proposed planned unit development will result in a zoning change to a specific PUD zoning district, with specific requirements and standards that are specific to the development. If the application moves forward, the change in the base zoning (LDR, MDR, C) of the property would occur at the time of Preliminary Plan approval, and the final PUD zoning with approved flexibility that is specific to the development would be established at Final Plan approval. PLANNING AND ZONING ISSUES The Boulder Ponds site is guided for Urban Low Density Residential, Urban Medium Density Residential and Commercial land uses in the City's Comprehensive Plan. The Density Analysis sheet within the Boulder Ponds Concept Plan delineates the low density, medium density and commercial areas respectively within the proposed planned development. The realignment of the 5' Street minor collector road to the south allows the applicant to maximize the single family residential area to the north, creating a larger distinct single family neighborhood as opposed to having the parcels bisected in half by the collector road, Regarding the design of the planned development, the single family residential area to the north of the minor collector street is defined by one curvilinear residential through street that allows for ease of travel through the neighborhood. The remaining portions of the single family neighborhood are served by three cul-de-sacs, none exceeding 500 feet in length. Also, the applicants are proposing to include several landscaped medians and islands within the proposed City streets, the highlights of which are three medians in the middle of the single family neighborhood. In relation to the lots and blocks, the arrangement follow a curvilinear pattern, which allows the vast majority of the lots to back. up to common open space of some form. The northern portion of the single family area north of the minor collector street also contains the 100' greenbelt buffer between the new growth areas and the Stonegate residential estates subdivision as guided by the City's Comprehensive Plan, The greenbelt buffer contains a trail that connects to the trail provided by the Lennar urban low density subdivision to the east and connects with the trail within the 5Street corridor to the west. This area is also the location of a power line easement owned by Xcel Energy. On the southern half of the minor collector road, a local street connects the medium density residential commercial areas from 5" Street to Hudson Boulevard. South of the collector road, the plan include one small area of 17 single family lots, as well as a 64-unit multi -family building intended for senior housing. Regarding the commercial areas (approximately 9 acres) to the south of the medium density residential area, it is the applicant's intention to plat these areas as outlots until prospective users are identified. For pedestrian circulation and recreation, sidewalks and trails are planned throughout the Boulder Ponds planned development Consistent with City Design Standards, the applicants have included sidewalks to be installed on at least one side of all streets. Also, the greenbelt buffer trail included on the northern portion of the site is consistent with the guidance of the Comprehensive Plan. In addition to the internal trails and sidewalks that are proposed by the developer, the 5" Street Corridor include a 10-foot bituminous trail on the north side of the road and a six-foot sidewalk on the south PUBLIC HEARING ITEM 4A - ACTION ITEM 5 side. The intemal trails and sidewalks provide good circulation to the 5' Street trail, which is intended to provide a regional transportation and recreation purpose. Regarding the single family lots within the Boulder Ponds Concept Plan, the vast majority of the lots meet the minimum size requirements for the City's Urban Low Density Residential - LDR zoning district, The minimum lot size per the City's LDR zoning district is 8,000 square feet, and the minimum lot width at building setback line is 60'. Of the 93 single family lots, all but five lots (Lot 59, 69, 72, 73 and 75) meet or exceed the minimum lot size of 8,000 square feet as required under LDR zoning. Overall, the average single family lot size in the planned development is approximately 10,495 square feet. In addition, the vast majority of the single family lots meet or exceed the minimum 60' lot width. The applicants have noted that allowing for minor flexibility in lot area and width is one of the key reasons for proceeding with a planned development. Also pertaining to the single family residential lots, the applicants are requesting that the City consider reduced side yard and front yard setbacks to accommodate the unique design of the single family residential portion of the planned development. Reduced setbacks allow for greater clustering, which promotes high levels of open space. According to §154.802.E-F, planned developments may allow for reduced setbacks and reductions in area and width of individual lots. It is Staff s understanding that the applicants are seeking to allow 5' side yard setbacks on both sides of the principal structure. In addition, the applicants may be seeking reduced front yard setbacks. Any reductions in front yard setback must be approved with the understanding that adequate separation is provided between parking areas (driveways) and sidewalks, so that any potential obstacles, such as parked vehicles or trailers, do not encroach on residential sidewalks. Overall, reductions in all residential lot sizes and setbacks must be clearly identified, reviewed and approved at time of PUD Preliminary Plan phase. Also related to single family lots, the applicants have included five residential lots that are partially or almost entirely on a small triangular piece of property owned by Dale Properties. The applicants are proposing to acquire this land from Dale Properties in order to facilitate the platting of these five additional lots and realign the minor collector road to the south, Dale Properties has submitted a letter (Attachment #5) indicating that general agreement has been reached on the land acquisition. For the purposes of the Concept Plan, the applicants have "ghost platted- the five lots, Lots 14-18 on the PUD Lot Areas sheet, with the intention of acquiring the land prior to Preliminary Plat submission. If these lots are to he included in the PUD Preliminary Plan and Preliminary Plat, the applicants must submit evidence demonstrating control or consent of this area being included in the plat. If this is not possible, plans must be revised accordingly. Regarding the proposed multi -family residential building, the applicant has noted that it is likely intended for a senior living facility. Given that the application is currently at Concept Plan phase, it is not required that significant detail be provided. However, it should be noted that within the Urban Medium Density Residential - MDR zoning district, multi -family dwellings are considered a conditional use. At the time of Final Plat and PUD Final Plan approval for the phase that includes the 64-unit multi -family dwelling, the applicant will be required to apply for a Conditional Use Permit (CUP). Further review of the multi -family dwelling should occur at the time of review for the required CUP. On the topic of housing density, the applicants have submitted a density analysis worksheet to present the gross densities associated with the low density and medium density areas. Due to the fact that the minor collector road has been moved to the south, the proposed Boulder Ponds planned development would include more single family residential development than is currently planned for in the Comprehensive Plan. However, it is important to note that per the Comp Plan, the 5'1' Street PUBLIC HEARING ITEM 4A - ACTION ITEM 6 minor collector road serves as the boundary between low density and medium density areas in the Stage 1 Area (Inwood Ave. to Keats Ave.) of the 1-94 Corridor. The gross density of the single family area to the north of the collector road, which is approximately 28.5 acres, is calculated to be 2.66 units per acre. The medium density area, which is approximately 10.1 acres, contains 81 residential units (17 single family, 64 multi -family), resulting in a gross density of 7.98 units per acre. It should be noted that this density figure is slightly higher than what is guided by the Comprehensive Plan. However, given that the proposed development is a PUD, and that the amount of land guided for medium density residential development on these parcels by the Comprehensive Plan is much greater, Staff has determined that the proposed Concept Plan meets the spirit and intent of the Comprehensive Plan. To explain Staff's reasoning for this determination in another way, the proposed Concept Plan decreases the amount of total land guided for medium density development by over 20 acres by moving the collector road south. The slight increase in density above the allowed range per the Comp Plan is balanced by the significant reduction in the amount of land guided medium density. To put it in simple terms, by using the low end of gross density ranges in the Comp Plan, these parcels were guided to have 195 total residential units (not accounting for road right-of- way), whereas the proposed PUD Concept Plan includes 157 total units. Overall, the proposed PUD Concept Plan is consistent with the intent of the land use and density requirements as guided by the City's Comprehensive Plan. In terms of parkland dedication requirements, the Subdivision Ordinance requires that 10% of the land in urban residential districts to be dedicated for park purposes. Alternatively, fees may be submitted to the City in lieu of land dedication at a rate equal to the market value of the land. It is at the discretion of the City Council how parkland/fees are accepted to meet this requirement. The Boulder Ponds site is approximately 58 acres in size. Therefore, under the approach of a pure land dedication, the applicants would be required to dedicate approximately 5.8 acres of land for parkland purposes. In the application narrative, the applicants note that within the proposed Plan Concept Plan, 11.8 acres are devoted as park space. However, it must be noted that to be accepted as parkland for dedication purposes, the land must be able to serve an active recreation purpose. In addition, if linear land dedications are accepted, a trail that provides effective connectivity in the community must be provided and constructed. Also, it should be noted that the City cannot accept land that is subject to private easement for public parkland dedication. This consideration relates to the location of the Xcel Energy power line easement in the greenbelt buffer area in the northern portion of the site. It is the recommendation of Staff that further discussions be had with the applicants regarding which areas are eligible for parkland dedication. Greater clarity regarding parkland dedication requirements and eligibility should be reached in advance of Preliminary Plat. Regarding available or future park facilities, the applicants are proposing to continue the greenbelt/buffer trail along the northern portion of the property. This trail provides connections to the 5111 Street regional trail and Stonegate Park from the east. Given it proximity, it makes logical sense that Stonegate Park, in addition to other City parks, will serve the future residents of the Boulder Ponds planned development. It is recommended by Staff that the City works with the applicants and property owners to the west of Stonegate Park, Azure Properties, to investigate possible expansions or improvements to Stonegate Park. In addition Staff will work with the Park Commission to evaluate if any additional facilities or programs should be offered at Stonegate Park. Evaluating the facilities and programing of Stonegate Park should inform future planning or expansion efforts. REVIEW AND ANALYSIS PUBLIC HEARING ITEM 4A — ACTION ITEM 7 City Staff has reviewed the proposed Boulder Ponds PUD Concept Plan, which has gone through multiple iterations in advance of the formal application being accepted as complete by the City. During the course of these reviews, several of the issues and concerns that were previously raised by Staff have been addressed by the applicant with updated submission documents. However, it is important to note that there are other elements of the plan that still require additional attention in advance of a PUD Preliminary Plan and Preliminary Plat submittal. In general, the proposed plan will meet all applicable City requirements for PUD Concept Plan approval, and any deficiencies or additional work that is needed is noted for the purpose of inclusion in the review record. In addition there are several things happening in and around the Boulder Ponds planned development that will have an impact on the project, including the possible petition for a 429 area -wide assessment project to construct the 5th Street minor collector road, as well as the final alignment of said road. Given that some of these efforts are still underway, Staff recognizes that some minor modifications may be necessary from PUD Concept Plan phase to PUD Preliminary Plan phase. The City has received a detailed list of comments from the City Engineer, in addition to general comments by the South Washington Watershed District, all of which are attached for consideration by the Commission. In addition to the general comments that have been provided in the preceding sections of this report, Staff would like the Planning Commission to consider the issues and comments related to the following discussion areas as well: • Comprehensive Plan. The proposed subdivision is consistent with the Lake Elmo Comprehensive Plan for this area and with the densities that were approved as part of this plan. The gross densities for the development generally are consistent with the ranges allowed for the urban low density and urban mediurn density land use categories. Other aspects of the Comprehensive Plan relate to the Boulder Ponds PUD Concept Plan as follows: o Transportation. The City's transportation plan calls for the construction of a minor collector road that will connect the eastern and western portions of the I-94 Corridor. Staff views this road as a critical piece of the transportation infrastructure that is needed to serve the densities that have been planned for this area. The applicant has incorporated the right-of-way at the width necessary to construct the minor collector as part of its PUD Concept Plan. o Parks. The greenbelt trail provided on the northern portion of the site is consistent with the City's Land Use Plan in the Comprehensive Plan. In addition, the City's Park Plan in the Comprehensive Plan does not identify this area as a future location of a neighborhood park due to its proximity to Stonegate Park. o Water. Water will eventually be provided to this area via a future extension of the municipal system along Inwood Avenue. The Boulder Ponds planned development will be able to be served under the City's current agreement with the City of Oakdale until the Inwood watermain extension is completed. o Sanitaiy Sewer. The Boulder Ponds planned development will be required to connect to the sewer main being constructed as part of the Section 34 area wide assessment project. In this case, all of the property owners that are planned to be served by sanitary sewer have petitioned the City to construct the required sewer and water mains to serve the area. PUBLIC HEARING ITEM 4A — ACTION ITEM 8 o Phasing. The Boulder Ponds planned development is located within the Stage 1 phasing area for the 1-94 Corridor and therefore the proposed development is consistent with the City's anticipated phasing of growth. Zoning. The proposed base zoning for the Boulder Ponds site will be split between the Urban Low Density Residential — LDR, the Urban Medium Density Residential — MDR, and Commercial — C zoning districts. However, approval of PUD Final Plan will result in a zoning change to a specific PUD Zoning Disirict, recording all of the permitted variations, such as minimum lot size and setbacks, from the Zoning requirements of the base zoning district. Subdivision Requirements. The City's Subdivision Ordinance includes a fairly lengthy list of standards that must be met by all new subdivisions, and include requirements for blocks, lots. easements, erosion and sediment control, drainage systems, monuments, sanitary sewer and water facilities, streets, and other aspects of the plans. The City will work with the applicant to ensure that all standards specified in the Subdivision Ordinance are met, or that the appropriate variation is requested through the PUD Preliminary Plan. Concept Phasing. The applicants have also submitted a Concept Phasing Plan, indicating how they intend to proceed with construction and build -out of the proposed planned development. As proposed by the applicants, the Phasing Plan indicates that Phase I includes construction of the access road to Hudson Blvd. and the southern portion of the northern single family residential area. Phase II includes construction of the medium density residential area. Finally, Phase III includes the construction of the remaining single family area in the northern portion of the site, as well the 5' Street minor collector road. Staff is recommending that the Phasing Plan be revised so that all public infrastructure is constructed adjacent to any areas being platted. More specifically, the minor collector road should be constructed adjacent to any areas of residential homes that are being platted. It is critical that the city ensures that all public improvements needed to serve development in the I-94 Corridor are installed as growth occurs, o Infrastructure. The developer will be required to construct all streets, sewer, water, storm water ponds, and other infrastructure necessary to serve the development. Storm water facilities should be platted as outlots and deeded to the city for maintenance purposes. Adequate access to storm water facilities must be provided. Tree Preservation and Protection. Based upon the existing tree cover of the site, it is possible that the applicant may not be required to complete a Tree Preservation Plan. If the applicant can demonstrate that significant trees on the site will not be negatively impacted by development activity, they would be allowed to submit a Woodland Evaluation Report in lieu of a Tree Preservation Plan. Green Belt/Buffer, The Comprehensive Plan identifies an area north of the Boulder Ponds planned development and south of the Stonegate subdivision as a green belt/buffer space with a minimum width of 100 feet. In the case of the subject property, this area is also the location for a significant power line easement held by Xcel Energy. As proposed in the PUD Concept Plan, the applicant is utilizing this space for the continuation of trail corridor from the east. Design of the greenbelt trail is consistent with City planning efforts to date. Staff believes that that green belt/buffer requirements of the Comprehensive Plan have been met by the applicant. PUBLIC HEARING ITEM 4A -- ACTION ITEM 9 Streets and Transportation. The proposed street system has been designed to comply with all applicable subdivision requirements and City engineering standards, with the exception of the requested variance as noted in the City Engineer's report. Staff does have some concerns related to the landscape medians and island in term of acceptable turning radii, emergency vehicle access, snow removal, general maintenance, and safe turning movements. More specifically-, the central intersection of the northern single family area contains three large medians/island that present difficult turning movements and safety concerns related to limited turtling radii, potential limited visibility due to plantings, and, in multiple instances, direct driveway access that intersects with this unique central intersection. The applicant will be directed to provide significant geometric detail of these areas and work with staff to ensure that all islands and medians allows for safe travel movements and efficient maintenance. Finally, further clarification must be provided regarding proposed plantings in these medians/islands, as well as the responsible party for the maintenance of these plantings, .5th Street Alignment and Design. Staff has the following comments regarding the proposed alignment of the 5111 Street minor collector road and design: o The applicants have proposed to relocate the alignment of the 5`11 Street minor collector road to the south in order to maximize the potential for a single family neighborhood to the north, as well as mitigate difficult grade issues that exist on the site. From meeting with the applicants on multiple occasions regarding the proposed alignment of the minor collector road, staff has found the existing grade challenges to be accurate, and the alignment proposed in the Concept Plan to work in the context of meeting Municipal State Aid (MSA) road design requirements, To make the proposed aligrunent feasible, the applicants are working with the property owners to the east, Lennar and Dale Properties, to negotiate realigning the road to the south. All indications that the City has received indicate that general agreement has been reached, and the realignment will move forward. Evidence of these negotiations is docurnented in Attachment #5, a letter from Mr. Alan Dale of Dale Properties. o In addition to the eastern alignment, the applicants have also been working with Bremer Bank regarding the alignment of the minor collector road in the northwestern portion of the site. As proposed, the 51h Street right-of-way would encroach on the Bremer Bank property, and the road would encroach ever so slightly on the very northeast corner of the Bremer property. It is the City's understanding that discussion regarding the alignment of the collector in the northwest corner are moving forward in a positive direction. As a condition of seeking PUD Preliminary Plan and Preliminary Plat approval, Staffis recommending that both alignment areas. the northwestern and eastern alignments, are resolved or agreed upon by all interested parties in advance of future application submittals, o Regarding the proposed alignment of the collector road, as well as the alignment of the local access road connecting Hudson Blvd., the properties to the south and east (Cranky Ape and Lampert Lumber) of the subject property do not currently have access provided. It is Staffs recommendation that right-of-way be platted to these adjacent parcels in a location that is acceptable to the City Engineer. o Finally, as part of the PUD Preliminary Plan and Preliminary Plat application submission, Staff is requesting that the plans for 5'h Street include all design elements as requested by the City, including the street trees, landscaping, lighting, median plantings, and other elements as proposed by the Damon Farber design work. PUBLIC HEARING ITEM 4A -- ACTION ITEM 10 • Sidewalks and Trails. As noted in the City Engineer's report, there are several instances where sidewalks and trails are located within either private outlots or on individual residential single family lots, The Subdivision Ordinance requires that all front property lines include 10' drainage and utility easements. The placement of sidewalks within these easements would impact the City's ability to use these easements for utility or maintenance purposes. hi addition, having the sidewalks located on private property hinders the City's ability to maintain these public improvements. Also, it is important to maintain appropriate clear zones for all sidewalks and trails. Staff is recommending that all sidewalks and trails be located in City right-of-way. City Engineer Review. The City Engineer has provided the Planning Department with a detailed comment letter dated November 20, 2013 as a summary of his PUD Concept Plan review. Staff has incorporated the more significant issues identified by the Engineer as part of the recommended conditions of approval, and has also included a general condition that all issues identified by the City Engineer must be addressed by the applicant prior to approval of a the PUD Preliminary Plan and Preliminary Plat. The Engineer does note that the proposed Concept Plan complies with the City's standards, with one exception related to base material of City streets. • Watershed Districts. The project area lies within the South Washington Watershed District. Comments have been provided (Attachment #4) by the SWWD Engineer, Matt Moore. Environmental Review. Based upon the proposed scope of the Concept Plan, the City does not believe that the planned development will individually trigger further environmental review. Based on the above Staff Report and analysis, Staff is recommending approval of the Boulder Ponds PUD Concept Plan with multiple conditions intended to address future considerations related to the submission of a PUD Preliminary Plan and Preliminary Plat application. The recommended conditions are as follows: Recommended Conditions of Approval: 1) The applicant must obtain permission and consent from the adjoining property owner, Bremer Bank, related to the right-of-way and alignment of the 5th Street minor collector road in the northwest corner of the site. The final alignment must be determined prior to the submittal of PUD Preliminary Plan and Preliminary Plat applications. 2) The applicant must resolve the alignment of the 5th Street minor collector road in the southeast portion of the site with adjoining property owners, specifically Lennar and Dale Properties. The final alignment must be determined prior to the submittal of PUD Preliminary Plan and Preliminary Plat applications. 3) Access must be provided to the adjacent parcels owned by Star River Holdings LLC (Cranky Ape) and Lampert Yards Inc (Lampert Lumber) via either the 5th Street minor collector road or the access road to Hudson Boulevard. The access location must meet the approval of the City Engineer. 4) The applicant must acquire additional land in the eastern portion of the site to plat single family residential Lots 14-18 as part of the Preliminary Plat application, or revise their plan accordingly. PUBLIC HEARING ITEM 4A — ACTION ITEM 11 5) Request for flexibilities related to lot size, width, setbacks and all other requirements per the City's Zoning Ordinance or Design Standards must be clarified and documented as part of the PUD Preliminary Plan and Preliminary Plat submission. 6) The applicant must revise the Phasing Plan to accommodate the construction of all public infrastructure adjacent to any proposed areas to be platted within said phase per the City Engineer's report dated November 20, 2013. 7) All street and median geometries must accommodate emergency vehicle access and maintenance. Applicants must demonstrate acceptable turning radii for all uniquely shaped landscape medians and cul-de-sacs. 8) All sidewalks must be located in dedicated public right-of-way. All trails must be located within dedicated right-of-way, City parkland, or a 30-foot wide dedicated easement at a minimum. 9) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the appropriate watershed district prior to the commencement of any grading or development activity on the site. 10) Any land under which public trails are located will be accepted as park land provided the developer constructs said trails as part of the public improvements for the subdivision, and the land is located outside of any restrictive easements. 11) The applicant shall observe all comments and recommendations from the City Engineer documented on the Engineer's report dated November 20, 2013. DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Boulder Ponds Concept Plan: I ) That the Boulder Ponds PUD Concept Plan is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2) That the Boulder Ponds PUD Concept Plan complies with the general intent of the City's Urban Low Density Residential and Urban Medium Density Residential zoning districts. 3) That the Boulder Ponds PUD Concept Plan complies with the City's Subdivision Ordinance, 4) That the Boulder Ponds PUD complies with the City's PUD Ordinance. 5) That the Boulder Ponds PUD Concept Plan is consistent with the City's engineering standards with one exception as noted by the City Engineer in his review corrunents to the City dated November 20, 2013. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Boulder Ponds PUD Concept Plan with the I 1 conditions of approval as listed in the Staff Report. Suggested motion: "Move to recommend approval of the Boulder Ponds PUD Concept Plan with the findings offact and conditions of approval as drafted in the Staff Report." PUBLIC HEARING ITEM 4A — ACTION ITEM Density Analysis 1 SQ leet - C•Fr:.F. Art, etart t trtEitorot,4 Afl tew, ar,” iviediLer Lvisied ....442,007 SF SO FT Too at tr..6 tt) tn ttit 44C.,1 „9,e Welts Per Aare .414, 10,11. I( r, 3AVF. a t4 Lat.e Otte, 'PAN Total N.,14v. of lots 93 Average Sal 10,489 so h lvt,r. mum lot Sat 7,70'J se h • Jr0:11V1entOr CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-149 AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance No. 08-149, as follows: Section 1: Zoning Map Amendment. The following properties, Outlot B, Boulder Ponds (PID#34.029.21.33.0023) and Outlot C, Boulder Ponds (PID#34.029.21.33.0024) are hereby rezoned from C-Commercial/PUD and MDR -Medium Density Residential/PUD, respectively, to HDR-High Density Residential/PUD. Section 2: The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo. Section 3: Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-149 was adopted on this 19th day of August 2016, by a vote of _ Ayes and _ Nays. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk TI IF (ITV OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: BACKGROUND: MAYOR AND COUNCIL COM Teinporary Health Care Dwellings Emily Becker, City Planner Kristina Handt, City Administrator Stephen Wensman, Planning Director DATE: 8/16/2016 REGULAR ITEM #: 19 ICATION On May 12, 2016, Governor Dayton signed in to law the creation and regulations of temporary family health care dwellings, codified as Minn. Stat. 462.3593, which permit and regulate temporary family health care dwellings. Community desire for transitional housing for those with mental and physical disabilities, and the increased need for short-term care for aging family members served as the catalyst behind this initiative. The resulting law allows for a family to more easily care for these individuals by using a temporary dwelling on the property. The law goes into effect on September 1, 2016 unless cities adopt an ordinance opting out. Currently, temporary health care dwellings specifically are not listed as conditional or pen-nitted uses in the Zoning Code and therefore are considered prohibited except under certain provisions set forth in the Design and Performance Standards Section of the Zoning Code which allows, in some cases and with certain standards, temporary farm dwellings, temporary construction offices, and recreational vehicles. By not adopting the ordinance opting -out, temporary health care dwellings meeting the Statute's standards would now be allowed with a permit. On July 25, 2016, the Planning Commission held a public hearing, considered, and recommended approval of the adoption of an ordinance opting -out of the requirements of Minnesota Statutes, Section 462.3593. ISSUE BEFORE COUNCIL: The Council should consider if an ordinance opting -out of the requirements of Minnesota Statutes, Section 462.3593, which permits and regulates temporary family health care dwellings, should be adopted. PROPOSAL DETAILS/ANALYSIS: Minnesota Statue, Section 462.3593 has the following key components: Creates a new type of permit referred to as a temporary dwelling permit that has a six-month duration, with an option to extend the permit for six months. City Council Meeting 8/16/2016 Regular Agenda Item #20 Requires that the permit be for a property where the caregiver or relative resides. • Allows modular and manufactured housing (instead of just recreational vehicles) to use this permit process as long as the unit meets all of the listed criteria. • Lists the criteria for the structure and the information required in the permit application. Addresses sewer safety issues with required back flow valves and advance verification of septic service contracts. Requires the inclusion of site maps showing where the unit will be placed and notification of adjacent neighbors prior to application. Requires applications to specify the individual authorized to live in the unit. Applies the permit approval process found in Minnesota Statutes, section 15.99, but allows the local government unit only 15 days to make a decision on granting the permit (no extension). It waives the public hearing requirement and allows the clock to be restarted if an application is deemed incomplete, as long as the applicant is notified of how the application is incomplete within five days. A 30-day decision is allowed if the regular council meeting occurs only once a month. Requires unit placement to meet existing stonnwater, shoreland, setback, and easement requirements. A temporary family health care dwelling that meets the requirements of Sections 2 and 3 of the Stanite cannot be prohibited by local ordinances that regulate accessory uses or recreational vehicle parking or storage. Sets a default permit fee level that may be replaced by a local ordinance. Allows cities to pass an ordinance opting out of using this new pennitting system. The City does not currently allow temporary health care dwellings, except under certain circumstances and standards, so this Section of Minnesota Statutes would allow for, under certain standards, a use that is currently prohibited by Zoning Code. Additionally, the Building Official has the following concerns about allowing temporary health care dwellings: structure anchoring; septic system issues; water system access; inadequacy of insulation requirements for colder weather; municipal sewer connection issues; Metropolitan Council SAC/WAC charges determination difficulties; and backflow check access. FISCAL IMPACT: Adopting an ordinance opting -out of Minnesota Statute, Section 462.3593 would reduce potential issues which could be caused by allowing temporary dwellings and Staff time spent resolving these potential issues. PLANNING COMMISSION/PUBLIC HEARING; The Planning Commission recommends adopting an ordinance that has the City of Lake Elmo optin of the requirements of Sections 2 and 3 of the Statute. The Commission did have some concern that there is no current mechanism to provide temporary housing for those with mental and physical disabilities and aging family members. OPTIONS: The Council inay: 2 City Council Meeting 8/16/2016 Regular Agenda Item #20 • Approve thc ordinance as proposed. • Deny the ordinance. RECOMMENDATION: Staff respectfully requests that the Council approve, as recommended by the Planning Commission, the proposed ordinance opting -out of Minnesota Statutes, Section 462.3593. "Move to approve Ord. 08-151 opting -out of Minnesota Statutes, Section 462.3593." ATTACHMENTS: • Ord. 08-151 • Planning Commission meeting minutes, 7/25/16 • History of Session Law Chapter 111 (codified as Minnesota Statutes, Section 462.3593) • Chapter 111 (codified as Minnesota Statutes, Section 462.3593) • Summary of Responses from Other Cities Regarding Temporary Health Care Dwellings CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-151 AN ORDINANCE OPTING -OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 SECTION 1. Section 301: Standards for Residential and Related Uses, Article 7: Specific Development Standards; Chapter 154: Zoning Code; Title XV: Land Usage of the Lake Elmo City Code of Ordinances is amended by adding the following: E. Temporary Health Care Dwellings 1. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City opts -out of the requirements of Minnesota Statutes, Section 462.3593, which defines and regulates temporary family health care dwellings. By exercising this authority, the City is prohibiting the use of temporary family health care dwellings within the City. SECTION 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance No. 08-151 was adoptcd on this day of , 2016, by a vote of Ayes and Nays. ATTEST: Julie Johnson, City Clerk This Ordinance LAKE ELMO CITY COUNCIL Mike Pearson, Mayor was published on the day of , 2016. 48254Sv2 ANIB LA5I5-4 5 the only Zthings itcan beused for. Kneinneriswondering /flanguage could beadded if the land trust doesn't accept the land, the City may consider it. Williams stated that he believes the MN land trust typically wants open space that is 10 acres and this could be problematic with the reduction to ZOacres. Dunn feels that there seems to be unintended consequences for coming down toa2Oacre minimum. Williams is wondering if there should be a setback for trails when there is a wetland. Wensman stated that VBWD reviews the plans when a wetland is present and the review process protects that. Williams thinks that 154.660 (3)for deviations, there should be the word "and" after & b so that all ] criteria need to be met to get the deviations. Williams thinks that on page 18 (3) is left over from the commercial PUD and should be taken out. Williams suggested some other changes that were clean upitems that applied more to commercial PUD's. Public hearing opened at9:I5pnn Noone spoke and there was nowritten correspondence Public hearing closed at9:259nn M/S/P: Williams/Griffin, move to postpone consideration of the OP Ordinance until staff can return a cleaned up copy for consideration, Vote: 7-0, motion carried unanimously. Public Hearing — Zoning Text Amendment to opt out of requirements for Temporary Health Care Dwellings Wensman started his presentation by giving an overview of the Temporary Health Care Dwelling legislation. Staff drafted anordinance toopt out ofthe state statute. The Building Official had a number of concerns such as septic systems, anchoring, water access, insulation, etc Staff drafted an ordinance to opt out of the state statute based on the recommendation of the Planning Commission. Public hearing opened at9:30prn Noone spoke and there was nowritten correspondence Public hearing closed at9:3Upnn M/S/P: Dunn/Williams, move to recommend approval of the ordinance to opt out of the requirements ofK4innesoatStatutes Section 462.359],Vote: 7-0,motion carried Lake Elmo Planning Commission Minutes; 7-25-16 h Dodson is concerned that if the state felt strongly enough to enact this, should we be willing tVprovide amechanism for people toprovide for loved ones. Larson feels that this legislation does not seem tofit |nour community, VVensnnan stated that this is really to care for an aging population which is a valid concern, but is not sure that this is the best solution, This has been talked about in many different states. VVensnnun knows ofat least dozen cities around us that have opted out and only 1that heknows ofthat have opted in. Business Item — Ordinance amendment for the keeping of pigeons VVensnnangave abrief update onthe pigeon ordinance, This item was talked about a while back and he has incorporated the suggestions of the Planning Commission from previous discussions. This isnot anitem that binthe zoning code, sVapublic hearing would not be required. This item will move forward tothe City Council atafuture date. City Council Updates — July 5,2D16 Meeting i\ VacaUonofvvaternnaineasennentforAutoOxxners—passeU. ii\ Amend Fence regulations in regards to encroachment agreements — passed. iii) Hunting Ordinance —Tabled. i») CPA for Rural Single Family inregards tnsanitary sewer —passed. v) Moratorium extension —passed. vU Neighborhood park inSavona neighborhood — request for Park Commission to review. City Council Updates — July 19,2D16 Meeting i) HuntinQDrdinanCe—|nput given tuPlanning Director tobring back iofuture meeting. Staff Updates 1. Upcoming Meetings a. August 8,ZO1O b. August22,2016 Commission Concerns Dunn is wondering if there is any way to get a feel for what the costs will be to the City for these additional developments that come forward. Behfor police, fire, lighting, etc. Dunn also mentioned that Baytown and West Lakeland are really concerned about Lake Elmo not taking astand against the airport expansion. She would like ittVbetaken to the City Council fora resolution. Lake Elmo Planning Commission Minutes; 7-25-16 Sf= 2555 Status in ilk, SCTIZI (or the til)th Legislature (2015 - 20101 ,—; MN Legislature ;c: Get Connected About the Legislature Mobile Site Search the MN Legislature ID "4410e4.' • I! " ; ; I Retrieve by number media Pubi Minnesota State Legislature Minnesota Senate Ijt3Ss 1 YL 2 Status in the Senate for the 89th Legisrature (2015 - 2016) Current bill text: Afh Fnorn Arid SF 2555 to MyBilis Version Liq- l.onn Descrintion Companion: HF7497; Companion Text House Search Revisor number: 16-5628 Session Law Chapter: 111 Committee Hearinos and Actions Senate Counsel f Research Summary Description Temporary family health care dwellings zoning regulation; temporary dwelling permits establishment Authors Hoffman ; Rosen ; Eken ; Koenen ; Abeler House Authors Peterson ; Loonan ; Newton ; Punh ; Laine ; Schult7 A ns Separated Senate 03/10/2016 Introduction and first reading 03/10/2016 Referred to State and Local Government ror10 0 pg. z1.9521D Intro 04/06/2016 Comm report: To pass as amended and re -refer to Health. Human Services and Housing pg. 5675aD1 04/07/2016 COMM report: To pass as amended and re -refer to Finance pg, 5715a D 2 04/28/2016 Comm report: To pass as amended pg. 6535a Da 04/28/2016 Second reading pg. 653.5 05/02/2016 Special Order: Amended pg. 6572a D4 05/02/2016 Third reading Passed pg. 6573 vote: 50-15 05/12/2016 Returned from House pg . 2_11. Presentment date 05/12/16 05/17/2016 Governor's action Approval 05/12/16 05/17/2016 Secretary of State Chapter 111 05/12/16 Effective date 09/01/16 oUse Or '2016 Received from Senate 050,-r/2016 Senate file first reading, referred For comparison HP 2497 05/05/2016 Bills not identical, SF substituted on General Register pg 2.0512 pg. 7050 pg. 7594 pg Z69J3 pg. 7q()S. litipsir'wwsvirevisorinilLgov,hills:bill.plip?b=tienalett(:frSF2555:4=2016ketn=0[6,28+201G 1015S:2-1 MAI SF 2555 Status in the Senate lig die 89di Legilnture (2015 2016) 05/05/2016 Second reading 05/09/2016 House rule 1.21, placed on Calendar for the Day Wednesday, May 11, 2016 05/11/2016 Third reading 05/11/2016 Bill was passed Presented to Governor 05/12/16 Governor approval 5/12/2016 Secretary of State, Filed 05/12/16 Chapter number 111 ca oynn.ntUlriternships liii tlie Capitol Ps istrict Finder Accessibility Conlnct your Senator Submit website comments pg pg, 23._Q3 pg. L9_91 Pg. vote: 113 pg. 8161 0 Senate 700 State Office Budding,.100 Rev Dr Martin Lather l'Obg-ir- Blvd., St Paul, MN 15,5. Phone: (651) 296-2868 .ITY: 14300-6274529+ Fax (651) 296-0569 Int-ps::4www.revisor.inn.u.ov.bilts,:bill_plip2b-Senate:&r—SF2555&):=2016Sissn,-0[6128/2016 10:58:24 AM] Chapter 1 1 I - Minnesota Session Laws Page 1 of6 2016 Minnesota Session Laws Key: (1) lancniaqe to be dcictckd (2) new lanciva©e CHAPTER 111--S.F.No. 2555 4/1 act relating to local government: regulating :oning care clivellings: establishing temporal:1, clit.c11* permits: cimenclin,s; itlifimesota Statutes 2014, section 14;0,01, stibdivi.slon 4; proposin,i2,- coding* new law in Ilitmesoia Swink's, chapters 394; 462, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section I. Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to read: Subd. 4. Housing with services establishment or establishment. (a) "Housing ‘yith services establishment" or "establishment" means: ( ) an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years ()Inge or older, and offering or providing. for a fee, one or more regularly scheduled health -related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or (2) an establishment that registers under section 144D,025, (b) Housing with services establishment does not include: (1) a nursing home licensed under chapter 144A: (2) a hospital. certified boarding care home, or supervised living facility licensed under sections 144,50 to 144.56; (3) a hoard and lodging establishment licensed under chapter 157 and Minnesota Rules. parts 9520.0500 to 9520.0670. 9525.0215 to 9525,0355, 9525.0500 to 9525,0660, or 9530,4100 to 9530.4450, or under chapter 245D; (4) a hoard and lodging establishmentwhich serves as a shelter for battered women or other similar purpose: (5) a family adult foster care home licensed by the Department of Human Services; (6) private homes in which the residents are related by kinship, law, or affinity with the providers of services; (7) residential settings for persons with developmental disabilities in whieh the services are licensed under Minnesota Rules, parts 9525.2100 to 9525,2 140, or applicable successor rules or laws:, (S) a home -sharing arrangement such as \Oen an elderly or disabled person or single -parent family makes lodging in a private residence available to another person in exchange for services or rent. or both: (9) a duly organized condominium, cooperative, common interest community. or ownersassociation of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners. members, or shareholders of the units; OF https://www.revisor.mn.gov/laws/?id=1 1 1 &year=20 1 6&type-0 6/8/2016 Chapter 111 - Minnesota Session Laws Page 2 of 6 (10) services for persons with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1, 1998, or under chapter 245D: or (11)a temporary family health care dwellinp as defined in sections 394.307 and 467.3593. Sec, 2..1394.3071 TEMPORARY FAMILY HEALTH CARE DWELLINGS., Subdivision 1. Definitions. (a) For purposes of this section. the lot lowinv terms have the meaninps piven. (b) "Caret4iver" means an individual 18 years of ape or olcler who:. ( 11 provides care for a mentally or ohysically impaired person, and. (2) is a relative. lepal puardian, or health care apent oldie mentally or physically impaired person for whom the individual is earinc. (c) "instrumental activities of daily livine has the meaninp given in section 756B.0659, subdivision 1. parapranh (d) "Mentally or physically impaired oerson" means a person who is a resident of this state and who requires assistance with two or more instrumental activities of daib: livinp a certified in writinu by a physician. a physician assistant, or an advanced oractice repistered nurse licensed to practice in this state, (et "Relative" means a spouse. parent. prandparent, child, prandchild. uncle. aunt. nephew. or niece of the mentally or physically impaired person. Relative includes half. step. and in-laNN' relationships. (1) "Temporary family health care dwellinp" means a mobile residential dwellinq providinp an environment facilitatini a carepivers provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling.. A temporary family health care. dwellinp must: (1) he primarily assembled at a location other than its site of installation: (2) be no more than 300 pross snuare feet: (3) not he attached to a permanent foundation: (4) be universally desitmed and meet state-recoenized accessibility standards: (5) provide access to water and electric utilities either by connectinp to the utilities that are servinp the principal dwellinp on the lot or by other comparable means:. (6) have exterior materials that are compatible in composition. appearance, and durability to the exterior materials used in standard residential construction: (7) have a minimum insulation ratinp of R-15: (8) be able to be installed, removed. and transported by a one -ton pickup truck as defined in section 168.002, subdivision 21b. a truck as defined in section 168.002, subdivision 37. or a truck tractor as defined in section 168.002. subdivision 38: (9) be huilt to either Minnesota Rules. chapter 1360 or 136), and contain an Industrialized Buildines Commission seal and data plate or to American National Standards Institute Code 119.2, and (10) be enuipped with a backtlow cheek valve. Subd. 3. Temporary dwelline. permit: application. (a) Unless the county' has desipnated temporary family health care dwellinps as permitted uses. a temporary family https://www.revisor.mn.gov/laws/?id=1 1 l&year=201 6&type=0 6/8/2016 Chapter 111 - Minnesota Session Laws Page 3 of 6 health care dwellinu is subject to the provisions in this section. A temporary family health care dwellinu that meets the requirements of this section cannot he prohibited bv a local ordinance that reuulates accessory uses or recreational vehicle parking or storaue. (b) The careuiver or relative must apply' for a temporary dwellinu permit from the county. The permit application must be siuned by the primary careuiver. the owner of the property on which the temporary family health care dwellinu 1611 he located, and the resident of the property if the property, owner does not reside on the property: and include: (1 ) the name, address, and telephone number of the property" owner, the resident of the property iidifferent from the owner, and the primary careuiver responsible for the care of the mentally or physically impaired person: and the name of the mentally or physicallY impaired person who vill live in the temporary family health care (1w:el line.: (2) proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care, or remote patient monitoring services: 3 a written certification that the mentally or physically impaired person requires assistance with two or more instrumental activities of daily livinu slimed bv physician. a physician assisiant, or an advanced practice recisterecl nurse licensed to practice in this state: (4) an executed contract for septic service management or other proolof adequate septic service manntlement: (5) an affidavit that the applicant has provided notice to adjacent property owners and residents of the application for the temporary' dwell inc permit: and (6) a ueneral site map to show the location of the temporary family health care dwellinu and other structures on the lot, (c) The temporary' tinnily health care dwellimi must be located on property where the careuiver or relative resides. A temporary family' health care dwellinc must comply with all setback requirements that apply to the primary structure and With any maximum floor area ratio limitations that may apply to the primary structure. The temporary family health care dwellinu must be located on the lot so that septic services and emeruencv vehicles can uain access to the temporary family health care dwellinu in a safe and timely manner. (di A temporary family health care dwellinu is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwellinu is allowed on a lot. le) Unless otherwise provided, a temporary family health care dwellinu installed, under this section must comply: \Oh all applicable state law and local ordinances. Subd. 4. Initial permit term; renewal. The initial temporary cIvelIinc permit is valid for six months. The applicant may: renew the permit once for an additional six months. Subd. 5. Inspection. The county may require that the permit holder provide evidence o [compliance with this section as lone as the temporary family health care dwellinu remains on the property. The county may inspect the temporary family health care dwellinu at reasonable times convenient to the careuiver to determine if the temporary family health care dwellinu is occupied and meets the requirements or this section. Subd. 6. Revocation of permit. The county may revoke the temporary dwellinu permit lithe permit holder violates any requirement ofthis section. If the county: revokes a permit. the permit holder has 60 days from the date of revocation to remove the temporary family health care dwellinu. https://www.revisor.mn.gov/laws/?id= 11 1&year-2016&type=0 6/8/20 16 Chapter 1 11 - Minnesota Session Laws Page 4 of 6 Subd. 7. Fee. tinless otherwise specified by an action of the county board, the county mav charge a lee ()IUD to I 00 for the initial permit- and un to S50 for a renewal of the oermit. Subd. 8. No public hearing. required; application of section 15.99. (a) Due to the time -sensitive nature of issuine a temporary dwelling permit for a, temporary family health care dwelling. the county does not have to hold a public hearing on the application, (b) The procedures e,overnine, the time lirn it for deciding an application for the temporary dwelling permit under this section are governed by section 15,99, except as provided in this section. The county has 15 days to issue a permit requested under this section or to deny it. except that if the county board holds regular meetines only once per calendar month the county has 30 days to issue a permit reouested under this section or to deny it. If the county receives a written request that does not contain all required tnformation, the applicable 15-dav or 30-dav limit starts over only ifthe county sends written notice within Five business days of receipt of the request telling the requester vhat information is missiniz. The county cannot extend the period of time to decide. Subd. 9. Opt -out. A county mav bv resolution opt -out of the requirements of this, section. Sec. 3.1462.35931 TEMPORARY FAMILY HEALTH CARE DWELLINGS. Subdivision I. Definitions. (al For purposes of this section, the following terms have the meanings elven, (b) "Careeiver" means an individual 18 Years of aee or older who:, ( 1) provides care tier a mentally or physically impaired person: and (2) is a relative, leeal euardian. or health care agent oldie mentally or physically impaired person for whom the individual is carine. (c) "Instrumental activities of daily living" has the meanine uiven in section 256[3.0659. subdivision l. paragraph ((1) "Mentally_or physically impaired person" means a person who is a resident ofthis state and who requires assistance with two or more instrumental activities of daily, living as certified in writinc tw a physician, a physician assistant. or an advanced practice reeistered nurse licensed to practice in this state. (e) "Relative" means a spouse, parent. erandparent. child, urandchild. uncle, aunt, nephew. or niece of the mentally or physically impaired person. Relative includes half. step, and in-law relationships, (11 "Temporary family health care dwelline" means a mobile residential dwelling providing an environment facilitating a careeiver's provision of care for a mentally or physically impaired person that meets the requirements of subdivision 2. Subd. 2. Temporary family health care dwelling,. A temporary family health care dwelling must: (1) be primarily assembled at a location other than its site of installation:, (2) he no more than 300 Bross square feet:. (3) not be attached to a permanent foundation: (4) be universally designed and meet state-recoenized accessibility standards:, (5) provide access to water and electric utilities either by connecting to the utilities that are serving the principal dwelling on the lot or by other comparable means: https://www.revisor.mn.gov/laws/?id=1 1 1 &year-201 6&type=0 6/8/2016 Chapter 111 - Minnesota Session Laws Page 5 of 6 (6) have exterior materials that are compatible in composition, appearance. and durability to the exterior materials used in standard residential construction: (7) have a minimum insulation ratint! ofR-15: (8) be able to be installed. removed, and transported by a one -ton pickup truck as defined in section 168.002. subdivision 21 b. a truck as defined in section 168,002, subdivision 37, or a truck tractor as defined in section 168.002. subdivision 38: (9) be buili to either Minnesota Rules. chapter 1360 or 1361, and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 1 19.2: and (10) he eouipped Nvi th a backflow check valve. Subd. 3. Temporary dwellin2 permit; application. (a) Unless the municipality has designated temporary family health care dwellinus as permitted uses. a temporary family health care dwelling is subject to the provisions in this section. A temporary Ilunily health care dwelling that meets the reouirements of this section cannot be prohibited bv, a local ordinance that reuttlates accessory uses or recreational vehicle parkinor storave. (b) The caregiver or relative must apply for a temporary dwelling permit from the municipality. The permit application must he shmed by the primary caretziver. the owner oldie property on which the temporary family health care dwelling will be located, and the resident of the property if the property owner does not reside on the property. and include: (1) the name, address, and telephone number of the property owner. the resident or the propertv if different from the owner, and the primary caregiver responsible for the care of the mentally or physically impaired pet -son: and the name of the mentally or physically impaired person who will live in the temporary family health care dwellint; (2) proof of the provider network from which the mentally or physically impaired person may receive respite care, primary care. or remote patient monitoring services: (3) a written certitication that the mentally or physically impaired person reouires assistance with two or more instrumental activities of daily living sitznecl by a physician, a physician assistant, or an advanced practice registered nurse licensed to practice in this state: (4) an executed contract for septic service manau.ement or other proof of adeuuate septic service manauement: (5) an affidavit that the applicant has provided notice to adiacent properly owners and residents of the application for the temporary dwelling permit, and (6) a general she map to show the location of the temporary family health care dwellint and other structures on the lot. (c) The temporary family health care dwelling must be located on property' where the caret,hver or relative resides. A temporary' family health cure dwelling must comply with all setback reouirements that apply to the primary structure and with any maximum floor area ratio limitations that mat' apply to the primary structure. The temporary family health care dwellinti must be located on the lot so that septic services and emergency vehicles can nit' access to the temporary family health care dwelling in a safe and timely manner. (d) A temporary family health care dwell in is limited to one occupant who is a mentally or physically impaired person. The person must be identified in the application. Only one temporary family health care dwelling is allowed on a lot. ht-tps://www.revisor.mn.gov/laws/?id=1 1 1 &year=20 1 6&type-0 6/8/2016 Chapter 11 1 - Minnesota Session Laws Page 6 of 6 lel Unless otherwise provided. a temporary family health care dwelling installed under this section must comply 1% ith all applicable state law. local ordinances. and charter 01,0ViS10115. Subd. 4. Initial permit term; renewal. The initial temporary cyellino permit is valid for six months. The applicant mav renew the permit once for an additional six moliths. Subd. 5, Inspection. The municipality may require that the permit holder provide evidence of compliance with this section as long as the temporarY family health care dwelling remains on the Dronerty. The municipality mav inspect the temporary Family health care dwelling at reasonable times convenient to the caregiver to determine lithe temporary family health care dwelling is occupied and meets the requirements or - this section. Subd. 6. Revocation of permit. The municipality may revoke thc temporary dwelling permit if the permit holder violates any reouirement of this section. If the municipality revokes a permit. the permit holcler has 60 clays froin the date of revocation to, remove the temporary family health care dwelling.. Subd. 7. Fee. Unless otherwise provided bv ordinance, the municipality may charge a fee of up to S 100 for the initial permit and uo to S50 for a renewal of the permit. Subd. 8. No public hearing required: aufication of section 15.99. (a) Due to the time -sensitive nature of issuing a temporary dwelling. permit for a temporary family health care dwelling. the municipality does not have to hold a public hearing on the application. (b) The procedures governing the time limit for deciding an application for the temporary dwelling permit under this section are governed by section 15,99, except as provided in this section. The municipality has 15 days to issue a permit requested under this section or to deny it, except that if the statutory or home rule charter city holds regular meetings only once per calendar month the statutory or home rule charter citv has 30 clays to issue a permit requested under this section or to denv it. lithe municipality receives written request that does not contain all required information. the applicable 15-day or 30- dav limit starts over only if the municipality sends written notice within five business days of receipt of the request telling the reouester yhat information is missing„ The municipality cannot extend the period online to decide. Subd. 9. Opt -out. A municipality may bv ordinance opt -out of the requirements of this section. Sec. 4. EFFECTIVE DATE. This act is effective September I, 2016, and applies to temporary dwelling permit applications made under this act on or after that date. Presented to the governor May 12, 2016 Signed by the governor May 12, 2016, 1:27 p.m. Coovrioht (z) 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved, https://www.revisor.rnn.czov a vs/?id=1 1 1&year=-2016&type=0 6/8/2016 List of Cities Opting Out Two Harbors Tnnka8ay Stillwater Springfield Savage Oak Park Heights (Leaning Qpdng-Out) North St. Paul North Oaks New Ulm New Prague Montevideo Mendota Heights Lauderdale Lakeville Lake Elmo (Pending Council Approval) Hopkins Glencoe Excelsior Dilworth Detroit Lakes Crystal Corcoran Clearwater Burnsville Austin TI IF CITY OF AKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: BACKGROUND:, MAYOR AND COUNCIL COMMUNICATION Pigeon Ordinance Emily Becker, City Planner Kristina Handt, City Administrator Stephen Wensman, Planning Director DATE: 8/1 6/2016 REGULAR ITEM #: In late 2015, Planning Director Wensman had received an inquiry regarding the keeping of pigeons in the City and found that the City Ordinance did not address the issue. Chapter 95: Animals, of the City Code, does not currently address the keeping of pigeons. Pigeons are not considered farm animals nor are they pets. Without an ordinance for the keeping of pigeons, any future pigeon issues would be regulated by complaints through the nuisance ordinance. The issue was originally discussed at the Planning Commission and it was recommended that an ordinance written to regulate the keeping of pigeons. Staff prepared a draft ordinance, held a public hearing on the ordinance at the January 11, 2016 Planning Commission meeting and the Commission recommended that the City Council approve the ordinance. ISSUE BEFORE COUNCIL: The Council should consider if an ordinance should be adopted regulating the keeping of pigeons. If the Council decides such an ordinance should be adopted, it should consider if the provisions set forth in the Ordinance are appropriate for the City. PROPOSAL DETAILS/ANALYSIS: The ordinance was drafted based on review of several Wisconsin ordinances, the Gem Lake and Forest Lake ordinances, and followed the City of Lake Elmo Chicken Ordinance as a template. Gem Lake's ordinance regulating pigeons is most similar to the proposed ordinance. Staff research found that the cities of Oakdale, Woodbury, Maplewood, and Stillwater do not have ordinances for the keeping of pigeons. The proposed ordinance has the foliowing key components: • A property must be zoned RR — Rural Residential or A — Agricultural and be 2.5 acres or greater in size. • There cannot be more than 20 pigeons per lot. • Property must be the primary residence of the pigeon keeper. • A permit is required, requiring much of the same application materials as a Chicken Keeping Permit requires. • Pennit conditions are set forth including: City Council Meeting 8/16/2016 Regular Agenda Item #21 o The requirement to keep the pigeon premises clean. o Food storage restrictions. o Treatment of pigeons. o Disposal standards. o Loft requirements: • Setback 50 feet from property line and adjacent habitable structures. • Must be no more than 12 feet high and 200 square feet in floor area. • Enclosure standards. Violations and permit issuance and revocation are outlined and are very similar to those of the current ordinance that sets forth standards for the keeping of chickens. FISCAL IMPACT: Setting forth such standards may reduce future staff time spent on nuisance complaints pertaining to the keeping of pigeons. PLANNING COMMISSION/PUBLIC HEARING: A public hearing was held on January 11, 2016 with no public comment. Commissioner Dodson questioned why the loft requirements were so specific and why restricting the keeping of pigeons to the Agricultural and Rural Residential Districts. There was also a question by Commissioner Williams as to how the number of birds (20) was arrived at. Commissioner Williams also requested 2 additional requirements to the ordinance. Staff has included both. As a whole the Commission discussed the appropriate number of pigeons to allow. Commissioner Dodson thought 60 would be appropriate and Commissioner Larson thought no more than 100. The Commission ultimately decided it was better to be more restrictive and settled back to the number 20. Since the Commission meeting, Staff reevaluated the number of pigeons that could be housed in a 200 sq. ft. loft and it is upward of 200 depending on how the loft were designed with a center aisle. It is Staff s understanding that most pigeon fanciers prefer to keep flocks of 100 or more pigeons at a time. The person who initially inquired about keeping pigeons wanted to keep 100 pigeons. The City of Gem Lake restricts the number of pigeons to 120. OPTIONS: The Council may: • Approve the ordinance as proposed. • Amend the ordinance and approve the ordinance as amended. • Deny the ordinance. RECOMMENDATION: Staff respectfully requests that the Council approve, as recommended by the Planning Commission, the proposed ordinance regulating the keeping and maintaining of pigeons. "Move to approve Ord. 08-148 regulating the keeping und maintaining of pigeons." 2 City Council Meeting 8/16/2016 Regular Agenda Item #21 In addition, Staff is recommending that the City Council authorize summary publication of the approved ordinance through the following resolution: "Move to adopt Resolution 2016-68, authorizing summary publication of Ordinance 08-148" ATTACHMENTS: Ord. 08-148 Resolution 2016-68 Planning Commission meeting minutes, 1/11/16 Gem Lake Ordinance CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-148 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING SECTIONS 95.114-95.122 WHICH PERTAIN TO KEEPING AND MAINTAINING PIGEONS. SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 95: Animals of the City Code by inserting the following new sections: KEEPING AND MAINTAINING PIGEONS § 95.114 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. LOFT. Any and all quarters in which pigeons are housed. PIGEON. Any and all varieties and breeds of pigeons. 95.115 PURPOSE. The purpose of this subchapter is to establish certain requirements for keening and maintaining pigeons to avoid issues that might otherwise be associated with keeping and maintaining pigeons in populated areas. 95.116 INVESTIGATION AND ENFORCEMENT. Officers designated by the city shall have authority in the investigation and enforcement of this subchapter, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The city shall make investigations as is necessary and may grant. deny, or refuse to renew any application for permit, or terminate an existing permit under this subchapter. § 95.117 KEEPING OF PIGEONS. (A) Pigeons shall only be permitted on lots 2.5 acres or greater in size in the RR — Rural Residential and A -Agriculture zoning districts. (B) Maximum number of pigeons shall be no more than twenty (20) per residential lot. (C) The property will be the primary residence of the pigeon keeper. 95.118 PERMIT REOUIRED; TERM, CONSENT, FEE. (A) No person shall (without first obtaining a permit in writing from the City Clerk) own. keep, harbor. or have custody of any pigeons within the city of Lake Elmo. (B) The first permit is valid for up to 2 years beginning on the date of issuance and ending on December 31 of the following- year. Subsequent permits are valid from January 1 to December 31. (C) Prior to issuance of a permit, notices must be mailed to all homes within 150 feet of the Lipplicant's property lines. (D) The fee for a permit may be imposed, set, established and fixed by the city council, by ordinance, from time to time. 95.119 APPLICATION. Any person desiring a permit required under the provisions of this subchapter shall make written application to the City Clerk upon a form prescribed by and containing such information as required by the city. Among other things, the application shall contain the following information: (A) A description of the real property upon which it is desired to keep the pigeons. (B) The number of pigeons to be maintained on the premises. (C) A site plan of the property showing the location and size of the gar posed loft, and/or aviary, setbacks from the loft to property lines and surrounding buildings (including houses and buildings on adjacent lots). (D) Statements that the applicant will at all times keep the pigeons in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this article and grounds for cancellation of the permit. 2 (E) Such other and further infon-nation as may be reouired by the officer. 95.120 PERMIT CONDITIONS. Each person keeping pigeons within the City of Lake Elmo shall comply with the folio 'nu: (A) No loft for keeping or confining pigeons shall be maintained or operated in any manner which violates the city building code or zoning ordinance. (B) Pigeons must be banded in a way to identify each nigeon as kept by its owner. (C) All premises on which pigeons are kept and maintained shall be kept reasonably clean and free from filth, garbage and such substances which attract rodents at all times, (D) All pigeons shall be fed within the confines of the loft or premises on which pigeons are housed. (E) All grains and food stored for the use of pigeons shall be kept in rodent -proof containers. (F) Pigeons shall be exercised and nermitted to fly only when under control of the permit holder or their representative. (G) All aviaries shall be completely enclosed with wire netting or euuivalent material that will prevent pigeons from escaping the confines of the loft or coop. (H) The outline of the loft to house said pigeons shall be of such design to conform to the symmetry of the existing buildings. (I) The loft must provide a minimum 4 cubic feet of space per bird. The loft must be enclosed with wire netting or equivalent material that will prevent pigeons from escaping the confines of the loft. Lofts must be elevated a minimum of six inches and a maximum of twelve inches above grade to ensure free -way beneath the loft. Lofts shall rest upon concrete footings, cement blocks, or other suitable foundation material. A loft may have a maximum height of 12 feet and a maximum floor area of 200 sauare feet and must comply with Section 154.406. (K) Pigeon lofts may be located in the rear yard only and shall be at least 50 feet from adiacent property lines and habitable structures. (L) The property upon which pigeons are kent shall have established a principal use conforming, to the zoning ordinance. (M) Dead Pigeons must be disposed of according to the Minnesota Board of Animal Health rules which require pigeon carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of Pigeon carcass disposal include burial, off -site incineration or rendering, or composting. 95.121 VIOLATIONS, (A) Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and upon conviction, shall be penalized in accordance with 10.99. (B) If any Person is found guilty bY a court for violation of this section. their permit to own. keep, harbor. or have custody of pigeons shall be deemed automatically revoked and no new. permit may be issued for a period of 1 year. (C) Anv person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including. but not limited to, the pickup and impounding of pigeons. § 95.122 ISSUANCE, REVOCATION. (A) If granted, the permit shall be issued by the city and shall state the conditions, if any, imposed upon the permitted for the keeping of pigeons under this pen -nit. The permit shall specify the restrictions, limitations. conditions and prohibitions which the city deems reasonably necessary to protect any Person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked bY the city for failure to conform to such restrictions, limitations. or prohibitions. Such modification or revocation shall be effective after 10 days following. the mailina of written notice thereof by certified mail to the person or persons keepin or maintaining such pigeons. (B) The city may revoke any permit issued under this subchapter if the person holding the permit refuses or fails to comply with this subchapter, with any regulations promulgated by the city council Pursuant to this article, or with any state or local law governing cruelty to animals or the keeping of animals. Anv person whose permit is revoked shall. within 10 days thereafter, humanely dispose of all pigeons being owned, kept or harbored by such Person, and no part of the permit fee shall be refunded. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. 4 SECTION 3. Adoption Date. This Ordinance No. 08-148 was adopted on this day of , 2016, by a vote of Ayes and _ Nays. Mayor Mike Pearson ATTEST: Kristina Handt City Administrator This Ordinance No. 08-148 was published on the day of , 2016. 5 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-68 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-148 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-148, an ordinance regulating the keeping and maintenance of pigeons; 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 infon-n 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. 08-148 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. 08-148 regulating the keeping and maintaining of pigeons by: • Restricting the keeping of pigeons to lots 2.5 acres or more in size and in RR — Rural Residential and A — Agricultural zoning districts. • Limiting the number of pigeons to no more than 20 per residential lot. • Requiring a permit, outlining application requirements. • Setting forth permit conditions in regards to the maintenance of pigeons and loft standards. The full text of Ordinance No. 08-148 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: August 16, 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. 7 M/S/P: Williams/Kreimer, move to recommend rezoning of the Inwood booster station property from RR to the PF zoning district, Vote: 5-0, motion carried Unanimously. Ordinance Amendment — a request for an ordinance amendment to the animal ordinance that pertains tmthe keeping nfpigeons. Wensman started his presentation stating that he had an inquiry regarding the keeping ofpigeons. Currently pigeons are not regulated. VVensnnanresearched what other [bys dn. Heused the Gem Lake ordinance asa guide and also used our accessory building ordinance as a guide to know how many pigeons would fit in what size building. The nnininnunn lot size would be 2.5 acres and it would only apply to AG and RR zoning. Maximum number allowed would be2Uand they would need tobebanded. Aviaries would need tobcenclosed. The loft area would have anarea of4cubic feet per bird and the maximum loft height would be 12 feet with a maximum of 200 square feet. They would need tobelocated inthe rear property SDfeet away from any habitable structures. Dodson thinks the construction ofthe loft isvery specific and iswondering why. Wensman stated it was taken out of other code and is probably to keep the birds safe from predators. Dodson was also wondering why itislimited toRRand AG. VVensrnan stated it is because he istrying to restrict ittowhere there is the least potential for complaints. Williams asked how the number ZOwas arrived at. VVensnnan stated that he looked at the size nfthe accessory building and worked backwards. Williams isnot sure that ZOis enough. Public Hearing opened atlO:U4pm. Noone spoke and there was nowritten nrelectronic correspondence, Public Hearing Closed atlO:O5pm. Dodson would like tosee the number increased to5U. Larson would like tosee l0Qasa Kreinnerthinks that isalot ofbirds onaZ.5 acre lot. Noone spoke atthe public hearing and he thinks that we should be restrictive until someone comes in and asks for more. Griffin stated that it can be a big nuisance if they are not taken care of and saw it first hand this summer. Dunn agrees that vveshould add tothe code, but should bemore restrictive for now, Kreinnerwould like tosee onpage 3letter Kread "Pigeon lofts may be located in the rear yard only and shall be at least 50 feet from property lines and adjacent habitable structures." Williams would like to include in 95.117an item [that LAe Elmo Planning Commission Minutes; 1-11-16 8 vvou|dstate"Anypropertyvvhcnepigennsmxzu|dbekeptwiUhaveaprincip|euse conforming to the zoning ordinance." Williams would like toadd under 95.117letter D"The property will be the primary residence mfthe pigeon keeper.^ M/S/P: Williams/Kreimer move to recommend approval of the ordinance pertaining to the keeping nfpigeons with the 3 suggested changes, Kote/5'0, motion carried, unanimously. Ordinance Amendment — a request for an ordinance amendment to the weapons ordinance asitpertains tphunting. VVensnnan started his presentation and stated that this is being brought forward based onthe number ofcalls the City received this fall, VVensrnanstated that the City might want toconsider producing amap each year todesignate where hunting )sallowed. Public Park, public trail, ROW and public school was specifically added. VVensnoanran these changes through Washington County sheriff and they were in support and liked the idea ofamap. Griffin would like tosee some distinction between shotguns and rifles. She would like to see rifles prohibited inthe City. The Commission was wondering how this applies to conceal and carry and how 13U.l5(R)/I)would apply. VVensnnanstated that hecan bring itback tothe City Attorney, Dodson asked how much ofthis had tnJowith land use and ifitreally needed tocome tothe Planning Commission. Public Hearing opened at103Opm. Noone spoke and there was nowritten orelectronic correspondence. Public Hearing Closed ot10:30pm. Kreimer was wondering where paint ball, air guns, etc, would fall in this scope. Wensman stated that he looked at it only from the standpoint of hunting. M/S/P: Williams/Kreimer move to postpone consideration of the weapons and hunting ordinance until clarification nn4issues is received, Vote: 5-0, motion carried, Council Updates — December 15, 2015 Meeting l. CUP Amendment -Oakdale Gun Club —Apprqved. Z, Preliminary Plat Approval'Reider— approved, 3. ZTA'UsesinRural Districts — Repeal uses that were added \nZOl3. Lake Elmo Planning Commission Minutes; 1-11-16 1'„t i1t)sc. SECA I\LL:I110. suh ��1 t,+ rtitztul i11 )11 that the kccptu; I SECTION 2. A\11';1\!)\1F T. .I.'1 l llllit'ns: :I; h\, the Iona' )ldinaitC.• to Ilcttthe 11111t:c.l ii,r such 11u11p0;c, anti kr h i:lticu. ilie \nit.tr I31"Ct:ds ( It.lh. l'\;tlllItiC.: Fat )It. .\ I(tr till h.Cl'Ip gcu(1 - S111)i SCICkt OEN- 1 1.` hl L`CllII1`;. 11:15 11 ;t; i1Crlall l rc)h;1tiC; U!` ellt.11lr;111.;C .V11 EN i)N1 ENT. "4.%..tion 3 or () is :Irnerh.loi ;Idd roilo %vm: 'ion 3.1'2 keeping or Pigeon-. The keeping. iii 1I1 nccand 11\ ing piueow; nia\Nc icrtnil(cd ›iihjeet to ilte 3.12.1 A loft intnsi. constructeLl athl maintained to keep and confine Ilk. pinp.:011, Jolt mno provide at leas1 nine cubic feet or space per bird. The bolt must be criclose(.1 k\ ith \A irC netting or equi\,alcnt material thin \vill prevent pigeons from e;-;eapiiill, tiic ;:onlines of the loft. LollsJ11LlI he elevated 1 minimum Id -;iN inches and a maNinturn inches ,..lrade to ensure free-\\ av beneath the loll. Lofts shall 1CSI ui)on concrete 1i11c.cemein or other ,tifit,11.11(.: foundation material...1 loll mahave a inaNimuni neiklit ob Hill:: Ll imi1 He constructed .111‘.1inaiiiutine(1:,:o as ti,ho rojciit_pn,or, 3,12.3 1 lie 0\ 10 na eontruet pip:, in Ions up lo LI L'11;1111.1ali`..' ninNi11LIMA 110(11:truu nl 21::)() \ iucIc 1011, t)VC1' 1211'SnLr..1re rcet in 11001' ZnVn \\ 2,-1 1)iiie01.1 111:i1 liainied in Me \ard only and ,Thall R at, bcatfq) lct rrom 3.12.5 Pik2,4.:011 sliail 1)1: L'onrink.'d toMc: 1011 LACCI)1. \\11C11 11-1Cy IVIC:1:0A1 1;11" k.'N'aCISC, nCTIOrniallk:L% ln return from areas outside the (rem lake lor the pLirpose in a race or returning lroin trainin,g flights, 3.12.6 :\11 piLleonshal1 he loll ithin the eolinnes or the loll on Ow premises on dc pie.con are hou,-;eLl. 5.12.7 All stored 101" tlic use oi thcni,ICnnS on 0 licelltik:L.1 .111111 l'Io kept in a rodent -proof container, must he handed in a ‘va\ to identif\ each picon as kept by it owncr, \11 premies on \\ Itieh pidIn tre Left or muintaine.1 hal1 he kept reaso1:11-6 clean from hilbi. ,...tarhaLle. and un sLihtaIlu0 \\ attract todents. 111:: loli and its surroundings must be cleaned 312.10 No one slt,t11 rcicac pig,.-2ons:; to lor ,:,\crcist.:, training or cornpctition the Cit.\ or Clem 1..akc except 00 o\viter ol pnleoti:-;' who is a member in u2,00(1 standing or 00 oruiaiii/cd pcoi cb uh,s uch I1 the American Racin Picon Lition., Inc.,the International federation or Racing l'anciers. thf_. National l'i,.2.eo1 Associi,inon. tht: Anwrican Tippler Society, the international holler Marc 13recds ub,('11 ik)L:01 \\111ii ruL Iij" ii[ 11C11' Pv-*".-R:cund(1,Thkluith' nei,,2,1-ihorliood. SECTION .-VVIENDNIEN.T. Section 4 or ()RIM:Auk:L.(1) is lierch amended to aLIJ Ihe Collo \\ suh-sections: .:eetion 4.2. l'h2eon 1<cepirw Licci. Nu peroli shall o\k-ii. keep or ILirhor coi\\ City or(ieni I Ike \\ ithout Iroht,:iiiiing :\ppliearit shall (.-onplk.s.ie ;10 application lOrin thc (it\ . I lie ,ipplication shall include.. hill 11(11. he hiiiicJ CF 11-0.2 10\ \ 11n2 ini4in1;thilln: pion inL2, it)C,ItiOn and Slit: OfheFrentises..uiJ Wc location site and in o', Ii ph.z.o...w. Ions, and dernonstration that said \\ ill eonipl\ ith City fonin,,,_L rci.litikrinent.:: statcnioit oI hc ntrxtrunnt nin-nr),,tr 0ipt,(..2.,:on.tt; to 1-),..t kept on the pr,sintscit; ont_, cunt:: ;And LtiJ1fl N he applicant did( the premises may he inspk:ctod (Hi\ at all r-Lr.bonahle times so iSUiC cornpli..ince \via) the eoni_lition:-; ouilined S,:erion ()HI\ ork: Ina\ he i;-,siied r property. 4.2. I 411%.li.1011 1Ch hia'ILSC i`SLICLI 1VE111.(1Cr C„\ Pik: 011C' ( I ) Year SI)1.111i_T rt:VOk.l.!(..1. A license inti.st he ene\re,..1 •Linnualls, keolith-in,' ihekeepne o he (fit) Council shall ;et tlit: annual lee Col- Ordilldllek.: 'till Other Cv ItLtstr,.. „th.tol he aid at the time ol" the makinQ ‘.,1 111,2 applik.!zition lieensk.. or rerw \\ 4-2.2 NtHilher Aids. The oullIk2r °I pieeui eritej lo he kenLuidcr ;.Ippr1/4/1.,:k.1 iene is calCULIted 111:„.' 1011.1111e Or 1011 -',11aL`l: H niie(111illi111111-11 p(41' NirJ rhe If1a.\111111111 111.1111hCr Or pii2C011.,: :WO \ heolsec,, rr,lie:Hs nl calveity, rr; 1'0 hirk Irom j'\ larch 1 to \!I\ 1, ind 90 hirds durinu the reH. 1 lile vear. -3.2.3 Denial or 1e iI he pi,con-1,2,:ping or rcne\Adi 1 the liccn*ce rails to compl\ with limits on numher ,n pigeons or an, or trIc otnninorK oturint.t,1 iieeien 3. I 2. SECTION 5. St'veral)ifitN. S1101.11L1 t2Chlt)11. SOCI;illtie Or wilier pro\ isiori or this ()rklinance he held Jo he invalid ii nn court or" eompetern jurir;dietion., such deckion .tlicci the \ :.11illitV or Inc (..truinttitct: n .\\ !kik% tn- or ,inv 1-di hereor, miler ilwn OIL; p,,,,r( held lo he l0iIfti SECT1()N 6. Effectivy Date. This Ordinance shall PAL' elieet and he in hunt and 'drier iH pnwe ;fild t).n.,;(1: Robert tten \kr "00(i - illn11131\ )rdllinllee 1 1 apprO Cll ptil)LdleCI ill hile ()Lit) „ . TI IF. CITY OF LAKE EI MO MAYOR AND COUNCIL COMMUNICATION DATE: August 16, 2016 REGULAR ITEM #: MOTION AGENDA ITEM: Removing the Prohibition of Solid Wall Fences Over Four Feet in Height on Any Lot Under ',/2. Acre SUBMITTED BY: Kristina Handt, City Administrator REVIEWED BY: Councilmembers Fliflet and Smith Stephen Wensrnan, Planning Director SUMMARY AND BACKGROUND: Councilmember Fliflet, seconded by Councilmember Smith, is requesting that the City Council direct Staff to amend the City's Fencing Regulations by repealing Subd. (E) (3), which prohibits solid wall fences over four (4) feet in height. This prohibition creates complexities in the fencing regulations. ISSUE BEFORE COUNCIL: Council is respectfully requested to consider if this Subdivision of the City's fencing regulations should be removed and, if so, direct Staff to prepare a report to bring to the Planning Conunission for a public hearing. PROPOSAL DETAILS/ANALYSIS: The City's fencing regulations are rather complex as compared to other cities. A brief history is provided below of changes to the fencing regulations that show details as to how this particular regulation was adopted. All other provisions of this Section would remain. 5/13/2013: Fence regulations are discussed at the Planning Commission meeting. Regulations at that time prohibited privacy fencing, and the proposed ordinance amendment allowed for solid fences up to six feet in height except in front and side (corner) yard setbacks. Anticipated higher density residential development was cited as the reason for the recommendation of allowing privacy fencing, as the demand for this type of fencing would likely increase. 5/23/2013: Public Hearing is held on the ordinance. There is discussion over whether or not the air and openness requirement for those portions of a fence over 4 feet in height is appropriate, but the final version of the amendment does not include the provision. 6/4/2013: The fence ordinance amendment is brought to Council. There is concern about allowing six foot solid wall fences in small yards. A discussion about the ordinance at a workshop is requested. 6/11/2013: Item is brought to Council Work Session. Concern is again expressed about solid wall fences being put up on smaller lots. There was discussion about prohibiting such fences on lots of l/2 acre or less, and there is concern that this could be seen as discrimination against those property owners of such lots. 6/18/2013: Fence ordinance amendment is on the agenda but tabled until the next meeting when all members are expected to be present. 7/2/2013: The fence ordinance amendment, along with an alternative version of the proposed amendment, is discussed. The alternative version prohibited solid wall fences over four feet on lot 1/2 acre in size. There was a significant amount of discussion over whether or not to strike the 1/2 acre lot size provision. The matter was tabled to a later council meeting. 7/16/2013: The ordinance amendment that prohibits solid wall fences over four feet in height is adopted. FISCAL IMPACT: Less Staff time may be spent in processing fence permit applications and enforcement of this Subdivision. OPTIONS: The City Council should consider whether or not to recommend that Staff and the Planning Commission hold a public hearing and consider recommending approval of an amendment to the City's Fencing Regulations. RECOMMENDATION: Councilmember Fliflet, seconded by Councilmember Smith, is requesting that the City Council direct Staff and the Planning Commission to hold a public hearing and consider recommending approval of an amendment to the City's Fencing Regulations that repeals Subd. (E) (3) of Section 154.205: Fencing Regulations of the City Code: "Move to direct City Staff and the Planning Commission to hold a public hearing and consider recommending approval of the City's Fencing Regulations that repeals Subd. (E) (3) of Section 154.205: Fencing Regulations of the City Code." 1 1, DATE: 8/16/2016 REGULAR ITEM # 22 AGENDA ITEM: Village Preserve 2" Addition Developer's Agreement SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney RECOMMENDATION: Staff is recommending that the City Council approve a developer's agreement associated with the Village Preserve 2" Addition residential development. The agreement has been drafted based on a draft developer agreement template that Staff has been updating for future approval by the Council. DEVELOPER AGREEMENT TEMPLATE UPDATE: The City Council adopted a new Developer Agreement Template in January 2016, which improved upon the way in which the Developer Security was released. Since that update, Staff has continued to update the template based on reasonable requests by developers and Staff generated refinements with the intent of having a template that addresses various development scenarios and best practices. Staff had intended to bring the draft template forward for Council approval concurrently with this Agreement, however, Staff would like to conduct further research and potential include additional updates prior to approval. This Developer Agreement is similar to the January 2016 template, but differs as follows: 1. This Agreement allows phasing of the construction activities for the purpose of receiving building permits within the phase of a plat provided that the Developer receives City staff approval for the construction phasing plan prior to the preconstruction meeting and the phasing plan is incorporated into the final approved construction plans. This will allow the Developer to plat a larger development area, but phase construction in a manner that allows building permits to be issued at preapproved stages of the development, yet in such a way that City staff can manage the development process effectively and efficiently. The Agreement separates the security release for Landscaping from others. Landscaping is among the last of improvements in a development, and with a two year warranty, has been holding up larger security releases. -- page City Council Meeting [Regular Agenda Item 22 I 8/16/2016 3. Section 20, Landscaping and Tree Replacement Improvements, was added to strengthen and clarify the landscaping requirements and responsibility. 4. Title policy, rather than title commitment, shall be required for land dedicated to the City at the request of the City Attorney. 5. Section 29, Subd. D was added to ensure permanent or temporary street signs are installed by the developer prior to building permits for public safety purposes. 6. Section 29, Subd. D was amended to require the Developer to all outstanding special assessments prior to recording the final plat. These changes to the template have been reviewed by the City Engineer, the Planning Director and City Attorney. LEGISLATIVE HISTORY/STAFF REPORT.: The Village Preserve 2nd Addition Final Plat was approved on April 19, 2016. Staff has drafted the developer agreement consistent with the conditions of approval for the Village Preserve 2nd Addition Final Plat and based on the January 2016 Developer Agreement Template with the changes outlined above. The key aspects of the agreement include the following components: That all required public improvements be completed by October 31, 2017, with the exception of the final wear course of asphalt on streets. That the developer provide a letter of credit in the amount of 5815,712 related to the cost of the proposed improvements. That the developer provide a cash deposit of S332,249 for SAC and WAC charges, AUAR fee, engineering administration, one year of street light operating costs, and other City fees. The proposed project does not include any specific City payments for utility oversizing or other reasons. FISCAL IMPACT: Direct Payments to Developer — None: there are no City payments for oversizing of utilities or for other reasons included in the agreement. Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges, and an AUAR fee for the 45 lot subdivision. SUMMARY AND ACTION REOUESTED: The City Council is being asked to authorize execution of a developer's agreement for the Village Preserve 2nd residential development. The attached agreement was based on the approved development agreement template, since amended as outlined above, with all changes specific to the Village Preserve 2' Addition project. This agreement must be executed and conditions complied with before any construction activity, outside of the previously authorized grading work, may proceed on the site. No work on the site pave 2 -- City Council Meeting [Regular Agencla Item 22 8/16/2016 will occur until the preliminary plat plans are updated and approved, the conditions of tinal plat are complied with and the plat is recording with Washington County. The recommended motion to take action on the request is as follows: "Move to adopt Resolution 2016-70 approving the developer's agreement for Village Preserve 2" Addition" ATTACHMENTS: 1. Resolution 2016-70 2. Village Preserve 2nd Addition Developer's Agreement -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-70 RESOLUTION APPROVING A DEVELOPER'S AGREE1I/IENT FOR THE VILLAGE PRESERVE 2" ADDITION DEVELOPMENT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, GWSA Land Development, LLC, 10850 Old County Road 15, Suite #200, Plymouth, MN 55441 ("applicant") has previously submitted an application to the City of Lake Elmo (-City") for a Final Plat for Village Preserve 2" Addition; and WHEREAS, the Lake Elmo City Council approved the Village Preserve Preliminary Plat on July 15, 2014; and WHEREAS, the Lake Elmo City Council adopted Resolution 2016-035 on April 19, 2016 approving the Final Plat for Village Preserve 2" Addition; and WHEREAS, a condition of approval of said Resolution 2016-035, establishes that, prior to execution of the Final Plat by City officials. the Applicant shall enter into a Developer's Agreement with the City; and WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of the Developer's Agreement was submitted to the City Council for consideration at its August 16, 2016 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer's Agreement for Village Preserve 2" Addition and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this l6th day of August, 2016 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016-70 ^,se"^w./61-1-cm"ag infin-mm^^"/ DEVELOP�������F CONTRACT "�"�~n�o ��"�o�n����n(Public sewer and water) AGREEMENT dated Village Preserve 2ndAddition . 2 , by and between the CITY OF LAKE ELMO o Minnesota municipal corporation ("City"), and GgVSA Land Development, LLC.a Minnesota limited liability company (the ^[}exe|oper"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve o plat for Village Preserve 2"nAddition (referred to in this Contract as the "plat"). The land is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A 2. CONDITIONS OF PLAT APPROVAL' The City hereby approves the plat on condition that the Developer enter into this ConhaCL, furnish the security required by it, and nmo0nd the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3, RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade n,otherwise disturb the earth, remove tnees, construct sewer lines, water |ines, streeto, uU|ihos, public or private improvements, or any buildings until all the following conditions have been satisfied: 1)thin agreement has been fully executed by both parties and filed with the City Clerk, 2\the necessary security has been received by the City, 3\U1e plat has been recorded with the Washington County Recorders Office, and 4) the Cit/s Planning Director has issued a letter that all conditions have been aaUsfied, m pnaconstruction conference has been he|d, and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat in a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied, Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Pork charges and availability charges for sewer and water referred to in this Contract are not being imposed on ou1|Ots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final plafted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase ofa multi -phased preliminary plat, the preliminary plat approval for all phases not final platted ahoU lapse and be void unless final platted into lots and b|onko, notoudota. within five (5) years oM*r preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Cnntroct, no amendments to the Qh/'s Comprehensive Plan or official oon1rn|a shall apply to or affect the use. development density, lot size, lot layout ordedications of the approved final plat unless required by eto\o or federal law oragreed to in writing by the City and the Developer. Thereafte,, notwithstanding anything in this Contract to the contrary, to the full extent permitted by ababa law, the City may require compliance with any amendments to the Cih/'s Comprehensive P|an, official cVntro|o, platting or dedication requirements enacted after the date ofthis Contract. 7. DEVELOPMENT PLANS' The plat shall be developed in accordance with the following plans and at the Developers sole expense. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written tarno5 shall control. The plans are: Plan A'Plat Plan C'Tree Preservation and Reforestation Plan Plan D-Plans and Specifications for Public Improvements Plan E ' Street Lighting Plan P|enF-LandsnopeP|an IMPROVEMENTS, The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. VVatennain O. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities |. Street Signs and Traffic Control Signs J. Landscaping K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes N. Miscellaneous Facilities The improvements nhmU be installed in accordance with the City subdivision ordinance and the Citv's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards 000 condition ofCity acceptance. In addition, the City may, at the Cky'odianreUnn and at the Developer's expense, have one ormore City inspectors and a soil engineer inspect the work Vn a full or part-time basis. The Developer's engineer ahe\\ provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer KEY2:04)18/2016 and the Developer's contractor. The Developer orhis engineer shall schedule a pna+conohuoUnn meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff,toreview the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. Nodeviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer ohoU not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 8' CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of Final Plat, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 38. Summary of Cash Requirements. Thereafter, the Developer oho|| reimburse the City each month, within 30 days Of receiving an |nvoice, for all engineering administration and construction observation performed during the construction of the plat After 30 days of the invoice, the City may draw upon the escrow and stop the work ono)teunU|saidenorovvhaobeenrop|enishedinitafu||onnount.CkyenginnehngadnninistnsUonvvi||indudm monitoring of construction progress and construction observation, consultation with the Developer and his engineer on status or problems regarding the project, coordination for tent|ng, final inspection and acce[tonne, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall indude, at the discretion of the nity, pert or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. REVI 04/18c016 4 The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management Ofthe development. The Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior hothe commencement of construction of each type of |rnprVvornenL City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. The Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the CKy's governmental euthority, and no agency or joint venture relationship between the City and the Developer is thereby cnanhad. 10, CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission nnennbers, and oorponaUons, partnernh/pe, and other enUUme in which such individuals have greater than a 25% ownership interest or in which they are on officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 111. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary pernnKn, including but not limited to: A. BLigeVExcavatinnsnndObstruotions: ~ City ofLake Bn1o. Right -of -Way Utility Installation(s) ° City ufLake Brno, Right -of -Way Obstruction(s) 0 Washington County, UU|ity|notaUaUuns(s) ~ Washington County, Street orDriveway Accens(o) ~ Minnesota Department of Transportation, Utility Installation ~ Minnesota Department ofTransportation, Right-of-VVmyPermit VVatermain Extensions: . Minnesota Department of Health Saniton/Sewer Extensions: ° Minnesota Pollution Control Agency Metropolitan Council Environmental Services D. StomnwaterMamaciement . Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation ~ Minnesota Pollution Control Auenny, General NPDEO StVrn1vvaharPennb RGvI: 04/18/2010 5 F. VVeUamdMiUootion: . Board of Water and Soil Resources, WCA G. Const,unUOnOevvat8hnq: . Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2017.vvith the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous vvnohng course of streets after the first course has weathered a winter s8aoon, consistent with warranty nequinannento, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, hovvever, request an extension oftime from the City. If on extension is 8ronhed, it shall be conditioned upon updating the security posted by the Developer to reflect cont increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval ufthe City Engineer. 13. LICENSE. The Developer hereby grants the City, its egents, mnnp|oyees, officers and contractors alicense toenter the plat toperform all work and inspections deemed appropriate bythe City in conjunction with plat development. 14. CONSTRUCTION ACCESS, Construction traffic mcoeno and egress for gnadinO, public utility conotruction, and street construction is restricted to aooema the subdivision via Lake Elmo Avenue N. Noconstruction traffic iepermitted onother adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and/or its representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in writing stating when the vvurh is ready for the inspection at each of the measurable points defined in the following paragraphs 15.17and 18. 16. EROSION CONTROL. Prior to initiating site 8nading, the erosion control plan, Plan B. shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specificationsfor the plat, with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer d08S not comply with the erosion oOntn]| plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed ocUon, but failure of the City to do so will not affect the Developer's and City'o rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days' the City may draw down the security to pay any costs. No development, utility or street construction will be m||ovved and no building permits will be issued un|oan the plat in in fV|| compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action an a||nvved by this agreement against the Developer for any noncompliant issue an stated above. Erosion control plans for individual lots will be required in accordance with the Citys building permit requirements, or as required by the City orCity Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to the Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as -constructed grading plan. X Within thirty (30) days after completion of the grading, the Developer shall provide the City with e "record" grading plan certified by registered land surveyor orengineer that all ponds, nwa|es, and ditches have been constructed on public easements or land owned by the City. The "record" plan nhoU contain site grades and field verified elevations of the following: m\ cross sections of ponds; b\ location and elevations along all ovvG|eo, emergency overf|nws, vvedandn, wetland mitigation areas if any. ditches. locations and dimensions ofborrow aoaas/stookpi|es; n) lot corner elevations and house pads; KEY2: 0-4/182016 ? and d) top and bottom of retaining walls. B. The City will not issue any building permits until the approved certified record grading plan is nnfile with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewmra, sanitary sewmm, watmrmain, and streets shall be installed in accordance with the approved Plans and Specifications for Public |nnpnovennerds' Plan ''O" The plan shall conform to the Qty's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidevva|ka, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer orits representative nho|| submit written request to the City asking for an inspection of the initial improvements. The City will then schedule e walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course shall be installed in accordance with paragraph 12above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become innpassab|e, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain e smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spi||, tnack, or wash onto the street from the Developer's operation.. If the City, for any reason plows snow prior to final acceptance of the streets by the City, the City shall not be responsible for repairing the streets because of damage caused by the snow plowing operations. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a mininnunn, scraping and sweeping aho|| take place on a weekly basin. A copy of this contract shall be approved by the City K2V2:*4/18,12016 8 before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20' LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Landscape Plans and as required byCity Ordinances. All landscaping materials such as trees, shruby, gnassaa, or other vegetation |nStmUeU by the Developer according to the approved Plans shall be vvenantind and maintained for e period of 2 years. The 2 year warranty period shall be deemed to start once all required landscaping identified an responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer ofsaid landscaping complete an inspection thirty (30) days prior to the end of the 2 year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer in deemed to be in poor condition or dead, the developer is to replace said landscaping with like hind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over -seeding necessary to establish final lawns and yards as identified in the approved Plans for Out|ots. public ,ighto-of-vvay, and any disturbed areas outside the plat boundaries according to an approved landscape maintenance plan. The Developer agrees to achieve "substantial performance" on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this agreement "substantial performance" ohoU be defined for areas seeded or sodded with 8 turf or lawn mix as "square foot turf areas with an average blade height of three inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface ooii" For areas seeded with a native grass or flower mix "substantial parforrnanne" shall be defined as "square foot native grass orflower areas with on average height of 8 inches free of eroded, bans, or dead spots and no visible surface soil," 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contnsct, the improvements lying within public easements shall become Qh/ property. Prior to acceptance of the innprow9nn8rds by the City, the [}eve|ope, must furnish the City with e complete set ofreproducible "record"plans, onelectronic file of the "record"plans inaccordance with the City'n Engineering Design andConntrurUonOtendonds Manual together with the following affidavits: -Developer/Developer Engineer's Certificate -LandSun/eyor'sCertiMnsdo certifying that all construction has been completed in accordance with the hanmn of this Contract. All necessary forms will be furnished by the Qty. Upon receipt of "record plans" and offidavite, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 22. PARK DEDICATION. The Developer has satisfied park dedication requirements for all the areas to be platted within the Village Preserve Preliminary Plat as part of the Village Preserve Development Contract, No additional park dedication is required for the plat. 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WACi The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Improvements required by the City and any state urmetropolitan government agency. The sewer availability charge (SAC) in the amount of $3.000.00 per REU shall be paid by the Developer prior to the City recording the final p|oL The total amount to be paid by the Developer is $135.000.00. The water availability charge 0NAC\ in the amount of$3.00O,O0 per REU nhoU be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $135.008.00. In addition, a sewer connection charge in the amount of $1,000-00 perREU. o Met Council sewer availability charge in the amount of $2.485.00 per REU, and owater connection charge in the amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. 24. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of the Village Area Alternative UrbanAreavvide Review (AUAR) fee anadopted by the City Council with respect to the environmental review completed by the City. The Village Area Alternative Urban Anaavvide Review (AUAR)fee in the amount of $230.00 per REU nhoU be paid by the Developer prior tothe City recording the final plat. The total amount hobepaid bythe Developer )n$1O.J5O.00 25' TRAFFIC CONTROL SIGNS. The Traffic control signs shall be included as port of the public street improvements and the installation costs shall be included inthe street construction calculations. 26. STREET LIGHTS. The Developer is responsible for the cost of stnood light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The required security is $36,000 and consist ofsix (5) decorative lights at $6000 each. The Developer shall also pay $774.00 in payment of the first year operating costs for street lights. 27. WETLAND 0D|l[UGATIONJ' The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If the mitigation work in hound to be incomplete or restoration is unsuccessful the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by the City to perform the work. 28. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY' A. No building permit shall be issued for any lot within the Plad, or within a completed phase of the Plat in m City pnamppnoved phasing p|mn, until such time that sanitary sevvor, water, storm sovver, curbing and one lift of asphalt has been installed for all public streets; and record grading plans have been submitted and approved by the City Engineer. A ppeappnoved phasing plan is defined as a phased construction plan that has been submitted by the developer and approved by the City in advance of the pn»o0notruction nnoeUnD for the Plat. Once the construction has started the City will not consider revisions tothe phasing plan for the purpose ofissuing building permits. B. Issuance of single building permit for a ''rnode| honne" may be authorized by the Planning Director prior to the completion of the improvements described /n Section A gbove, if there is safe public access to the subject |cd that in sufficient to oUovv construction to proceed and there is o nannrd grading plan approved by the City Engineer for the subject lot and all downstream storm water drainage facilities, The City will not issue a certificate of occupancy for any "model home" until all conditions identified )nSection Aabove have been completed. C. Prior to issuance of building pennits, wetland buffer monuments shall be placed in accordance with the Cdy'o zoning ordinance. The monument design shall be approved by the Community Development Department. D. Prior to issuance Of building p8rrn|ts, permanent or temporary street signs shall be installed by the developer. E. Breach of the terms of this Contract by the Oeve|oper, including nonpayment of billings from the City, shall be grounds for denial of building perrnits, certificates of occupancy, and/or withholding of other perrnito, inspection or actions, including lots sold to third pertion, and the halting of all work inthe plat. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the C\ty. Onve!opar, its conkoc1Vrs, suboontnantors, materia|men, emp|uyems, agonto, or third parties. G. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 29' RESPONSIBILITY FOR COSTS. A. |nthe event that the City receives claims from labor, materialmen.orothers that work required by this Contract has been perfnmned. the sums due them have not been paid, and the |aboners, nnotoha|nlen, or others are seeking payment from the Ckv' the Developer hereby authorizes the City to oornnnenoe an |nbarp|eadcr action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit l2 the funds in compliance with the Rule, and upon such deposit, the Developer shall nekaose, dischnrge, and dksnniSa the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys'fees pursuant to this Contract, B. Except as otherwise specified herein. the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to |ega|, p|anning, engineering and inspection expenses incurred in connection with approval and acceptance of the p|at, the preparation of this Contnsct, review ofconstruction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and dun at the time, must be fully paid prior to emaoudnn and release ofthe final plat for recording. C. The Developer shall hold the City and its nffinens, ennp|oyees, and agents harmless from c/einnn made by itself and third portion for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all oostn, donnageo, or expenses which the City may pay or incur in consequence of such dainnm. indudingottonnoys'haes. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and aMonneyn'feeo. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all outstanding special assessments prior to recording the final plat. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty /30\ days shall be assessed e late hsa per the City of Lake E|nnn adopted Fee Schedule. Upon request, the City will provide copies ofdetailed invoices ofthe work performed. 30. SPECIAL PROVISIONS. The following opeoiml provisions shall apply to plat development: A. Implementation nfthe recommendations listed in the March 28, 2015. Engineering B. Upon the recording of the final plat, the Developer shall convey OvUotA, Village Preserve 2nu Addition to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer must obtain o sign permit from the City Building Official prior to installation ofany subdivision identification signs. O. All trails nho|| be located within easements granted or land dedicated to the City of Lake Elmo. Title policy shall beprovided for all land aodedicated. E. Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas as part of the public improvements for the subdivision and easements are provided where required by the City. F. The Developer shall enter into a Landscape License agreement with the City that clarifies the individuals 0rentities responsible for maintenance of any landscaping installed in areas outside ofland dedicated aepublic park and open space nnthe final plat. 31. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one ormore lots, the entire plat, orany part ofit. B. Retaining walls that require m building permit shall be constructed in accordance with plans and specifications prepared by o structural o, geo1echnico| engineer licensed by the State of Minnesota. Following oonstruoiion, o certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining vvoU was constructed in accordance with the approved plans and specifications. All retaining vva||s identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit in issued for a lot on which a retaining vvoU is required to be built. C. Appropriate legal documents regarding Homeowner AnonoiaVnn doounnents, covenants and resthctinns, as approved by the City Attorney, shall be filed with the final plat. No third - party O. Developer shall take out and maintain or cause to be taken out and maintained until six KD nnmnUle after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including deaUl, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500.000 for one person and $1.000.000 for each occurrence; limits for property damage ohnU be not |oon than $200.000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the po|icy, and the Developer shall file with the City certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty(3O) days advance written notice ofthe cancellation ofthe insurance. E. Third parties shall have norecourse against the City under this Contract, F, /fany portion, neotion, suboecbon, sentence, c|euog, paragraph, orphrase ofthis Contract is for any reason held inva|id, such decision oho|| not affect the validity of the remaining portion of this Contract, G. The action or inaction of the City shall not constitute a waiver oramendment tothe provisions of this Contract. To be binding, amendments or waivers ahoU be in writing, signed by the parties and approved by written resolution of the City Council. The City'o failure to promptly take legal action to enforce this Contract shall not beowaiver orrelease. H, This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the Qty, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents tothis Contract, inthe form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City hmrnn|eno for any breach of the foregoing covenants. |. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or nennedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order an may be deemed expedient by the City and shall not be o waiver ofthe righth} exercise at any time thereafter any other hght, power or remedy. J. The Developer represents to the City that the plat complies with all cih/. COuntv, nnetropm|kan, state, and federal |avva and regu|ahnns, including but not limited to: subdivision onjinGncos, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 32. EVENTS OF DEFAULT. The following shall be "Events ofDefault" under this Agreement and the term "Event of Oefou|[' shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable de|ays, failure by the Developer to rornnnenoe and complete construction of the Public Improvements pursuant to the ternns, conditions and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation oragneonlentoOhsparttobeobsenxedorperfonnedunderUhisAonaennent. 33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the Cih/, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument ofthe City, may take any one ormore Vfthe following: A. The City may suspend its performance under the Agreement until it receives assurances from the Dove|oper, deemed adequate by the City. that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right ofthe City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, on is necessary for the City to aeouna performance of any provision of this agreement or recover any amounts due under this Agreement from the Oexm\nper, or immediately draw on the Letter of Cnsdit, as set forth in n[\2:*#|8/2016 16 this Agreement. 34' ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the bsnns of this Agreement against the Deve/oper, by action for specific performance or Uannagea, or both, orbyany other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event ofdefault by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may indudm, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 35' WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. Twenty-five percent (25Y6) of the original security amount of the improvements shall be retained through the warranty period. A. The required warranty period for all work relating to the public sewer and water shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to otnant c0notruction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1)yeer from the date of final written acceptance of the work. C. The required warranty period for sod, heoa. and landscaping is 2 growing seasons following final written City acceptance Vf the installation. J@' SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public innpnovarnnnts, and construction of all public improvements, the Developer shall furnish the City with on irrevocable letter of credit. in the form attached henatn, from o bank, cosh escrow ora combination cash escrow and Letter of Credit ("security") for $815,712. The amount of the security was calculated as follows: CONSTRUCTION CATEGORY: COST 125% 1 Grading 00.786 75.983 2, Sanitary Sewer $60.734 $75.918 3. VVatenna\n $120.071 $150.089 4, Storm Sewer (includes pond structures $41.671 $52.080 and outfoUpipes) 5. Streets $219.972 $274.905 5. Trails and Sidewalks S58.525 $73.156 7. Surface Water Facilities (infiltration basins, N/A N/A bio retention bnsins, rain gardens, etc.) 8. Street Lighting $36.000 $45.000 9. Street Signs and Traffic Control Signs $2,540 $3.175 10.Phvote Utilities (electricity, natural gas, N/4 N/A telephone, and cable) 11,Landscaping $25.745 $33.431 12.Tree Preservation and Restoration N/A N/A 13.Wetland Mitigation and Buffers N/A N4\ 14.K4onunnonts $4.500 $5.625 15.Erosion and Sedimentation Control $18.525 $23.156 16.Miscellaneous Facilities N/A N/A 17. Developer's Record Drawings CONSTRUCTION SUBTOTAL $2.500 $3.125 $652,569 N/A TOTAL PROJECT SECURITIES (at N/A $815,712 125Y6Construction Costs) This breakdown is for historical reference; it is not o restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the aecurity, without notice, for any violation of the terms of this Contract or if the security is a||0vved to lapse prior to the end of the required harm. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down, If the security in drawn down, the proceeds oho|! boused tocure the default. 37. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the security as follows: A. Upon oonnokahon of grading operadona, including temporary site restoraUon. Developer shall submit an as -built grading survey to the City that sda nnin|rnunn establishes the as -built grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upon inspection of the site and approval of the as -built survey, 100Y6. or $O. Of the grading security may be released. This security reduction does not include amounts related to erosion and sedimentation control, B. Up to 75% of the security provided in accordance with paragraph 36 may be released upon completion of the following hey milestones of the project as determined by the City Engineer. C. Construction Categories 2 and 3: The amount of $169,505 may be released when all sanitary sewer and vvatennain uU|k|na have been installed, all testing and h*|ov/eing has been successfully completed, sanitary sewer as -built inverts have been verified, and the utilities are considered ready for use bythe City Engineer. O. Construction Categories and 5: The amount of$245.2SO may be released when all stroeta, and storm sewer have been installed and tested, and have been found to hecomplete tothe satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as -built inverts, but not including the final wear course. E. Construction Categories 6-10 and 14-17: The amount of $114.928 may be released when all remaining Developer's obligations under this Agreement have been completed including. (1) bituminous wear course, (2) street lighting and private utilities, (3) sidewalks and trails, /4\ bio retention facilities, (5) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans in the h)nn of the City standards have been received and approved by the Chv. and (5) the public improvements are accepted by the City Engineer and City F. Construction Categories 11. 12 and 13: The amount of$25.O73 may be released when Landscaping Improvements have been installed to the satisfaction of the City Landscape Architect including all corrective work for any identified punch list items. G. Twenty-five percent (25Y6)ofthe original security amounts, excluding grading and landscaping improvements shall be retained until: (1) all improvements have been fully completed and excepted by the Cdv, including all corrective work and warranty punch |hd items, (2) all financial obligations to the City have been satisfied, and (3) the warranty period has expired. K Twenty-five percent (25%) of the original landscaping muCurih/ amounts shall be retained until: /1\ all landscape improvements have been fully completed and excepted by the Qty, including all corrective work and warranty punch list items, (2)all financial obligations tnthe City have been satisfied, and (3) the warranty period has expired. |. |naddition tuthe above project nni|ectonebasedaecurityreduodnns.thnDevD|oper may submit written request to the City Engineer and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved plans and specificnt\ono, and terms of this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the security for Construction Categories 2'5 in on amount not to mxmaod fifypercent (5O%)ofthe initial security amounts. J. It is the intention of the parties that the City at all times have available to it o Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer, To that end and notwithstanding anything herein to the oontrery, all requests by the Developer for e reduction or release of the Letter of Credit ohe|| be evaluated by the City in light of that principle. 38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge /SAC\ $135,000.00 Water Availability Charge /VVAC\ $135.000,00 Park Dedication N/A AUARFne $10.550.00 Street Light Operating Fee $774.00 City Base Map Upgrading /$25.00per REU> S1.125.00 City Engineering Administration Escrow $50.000-00 TOTAL CASH REQUIREMENTS $332.249.00 REV 2:0w\8/20\6 20 39. NOTICES. Required notices to the Developer shall beinwriting, and shall beeither hand delivered to the Qeve|opar, its employees or agents, or mailed to the Developer by certified nnei| at the tVU0wjng address: 108500d County Road 15, Suite#2O0. P/ynn0uth, MN 55441. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lake E|nnn City He||, 3800 Laverne Avenue N.Lake Elmo, Minnesota 55O42. 40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorney's title opinion or title insurance policy dated not earlier than thirty (3O)days prior tothe execution ofthe plat. CITY OF LAKE ELMO BY: (SEAL) K5v2: 04/18/2016 21 Mike Pearson, Mayor AND Craig Allen: BY: T/TEOFK1|NNESDTA ) (on. COUNTY OF WASHINGTON Julie Johnson, City Clerk It's Chief Manager The foregoing instrument was acknowledged before me this day of , 2O1G. bvK4ikePearson and bvJulie Johnson, the Mayor and City Clerk of the City of Lake Elmo, a --- Minnesota municipal oorp0nahon, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE C)FK4|NNESOTA \ /ss COUNTY OF ) The foregoing instrument was acknowledged before me this day 2016, by the of NOTARY PUBLIC DRAFTED BY: City ofLake Elmo 38UOLaverne Avenue North Lake Elmo, MN 55042 of FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of STATE OF MINNESOTA (ss. COUNTY OF , 2016. The foregoing instrument was acknowledged before me this day of , 2 by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 04/18/2016 23 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 216. STATE OF MINNESOTA (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 04118i2016 24 CONTRACT PURCHASER CONSENT DEVELOPMENT CONTRACT TO . which/who has a contract purchaser's interest in all or port of the subject property, the development of which is governed by the foregoing Development Contnact, hereby affirms and consents to the provisions thereof and agrees to bebound hythe provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this day of 2016. STATE OFK4|NNEGDTA (ns COUNTY OF The foregoing instrument was acknowledged before nnH this day of 2016, by NOTARY PUBLIC DRAFTED BY: City o/Lake Elmo 38OOLaverne Avenue North Lake Elmo, MN 55042 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Village Preserve 2nd Addition: Outlot, C, Outlot H, and Outlet G, Village Preserve. REV2: 04/18/2016 26 IRREVOCABLE �OF CREDIT — — _- --'----� TO: City ofLake Elmo Dear Sir or Madam: No. Date: VVehereby issue, for the account of (Name ofDavaloPoh and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drown under Letter ofCredit No, . dated . 2 . of b)Besigned bythe Mayor orCity Administrator ofthe City cfLake Elmo. c) Be presented for payment at 2 (Address ofBank) . on orbefore 4:00 p.m. on November3D. This Letter of Credit uhoU automatically renew for successive one-year terms unleoo, at least forty-five (4k5 days prior to the next annual renewal date (which shall be November3O of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is affeodva if sent by certified maU, postage pnepaid, and deposited in the U.S. yNai|. at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City HmU, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty(3O) days prior to the renewal date, This Letter of Credit sets forth in h/U our understanding which uhoU not in any way be modified. amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter ofCredit is not assignable, This is not s Notation Letter ofCredit. More than one draw may be made under this Letter of Credit. This Letter of Credit nhoU be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that adraft drawn under and in compliance with this Letter of Credit shall beduly honored upon presentation. Its KEY2: 04|82016 27 tm (In' tin L\KE ELM AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: YOR & COU C CO ICAT 0 DATE: 8/16/2016 REGULAR ITEM # 23 Hammes Estates Developer's Agreement Stephen Wensman, Planning Director Kristina Handt, City Administrator Jack Griffin, City Engineer Sarah Sonsalla, City Attorney RECOMMENDATION: Staff is recommending that the City Council approve a developer's agreement associated with the Hammes Estates residential development. The agreement has been drafted based on a draft developer agreement template that Staff has been updating for future approval by the Council. DEVELOPER AGREEMENT TEMPLATE UPDATE: The City Council adopted a new Developer Agreement Template in January 2016, which improved upon the way in which the Developer Security was released. Since that update, Staff has continued to update the template based on reasonable requests by developers and Staff generated refinements with the intent of having a template that addresses various development scenarios and best practices. Staff had intended to bring the draft template forward for Council approval concurrently with this Agreement, however, Staff would like to conduct further research and potential include additional updates prior to approval. This Developer Agreement is similar to the January 2016 template, but differs as follows: 1. This Agreement allows phasing of the construction activities for the purpose of receiving building permits within the phase of a plat provided that the Developer receives City staff approval for the construction phasing plan prior to the preconstruction meeting and the phasing plan is incorporated into the final approved construction plans. This will allow the Developer to plat a larger development area, but phase construction in a manner that allows building permits to be issued at preapproved stages of the development, yet in such a way that City staff can manage the development process effectively and efficiently. The Agreement separates the security release for Landscaping from others. Landscaping is among the last of improvements in a development, and with a two year warranty, has been holding up larger security releases. -- page 1 -- City Council Meeting [Regular Agenda Item _23J 8/16/2016 3. Section 20, Landscaping and Tree Replacement Improvements, was added to strengthen and clarify the landscaping requirements and responsibility. 4. Title policy, rather than title commitment, shall be required for land dedicated to the City at the request of the City Attorney. 5. Section 28, Subd. D was added to ensure permanent or temporary street signs are installed by the developer prior to building permits for public safety purposes. 6. Section 28, Subd. D was amended to require the Developer to all outstanding special assessments prior to recording the plat. These changes to the template have been reviewed by the City Engineer, the Planning Director and City Attorney. LEGISLATIVE HISTORY/STAFF REPORT: The Hammes Estates Final Plat was approved on October 7, 2014 and extended to October 31, 2016. A new developer has purchase the property with the intent to develop it accordance with City approvals. On October 7, 2014, the City Council had approved a developers agreement for the Hammes Estates, but because of the lapsed time and because a new developer has taken over the project, Staff has updated the developer agreement consistent with the conditions of approval for the Hammes Estates Final Plat, development issues, and based on the January 2016 Developer Agreement Template with the changes outlined above. The key aspects of the agreement include the following components: All phases of the development must be final platted by December 31, 2019. All required public improvements must be completed by October 31, 2017, with the exception of the final wear course of asphalt on streets. A provisions has been added to Section 15, Construction Sequence and Compliance to ensure the drainage and erosion control work needed to remedy the repeated flooding on adjacent properties is properly addressed. Consistent with the previously approved developer agreement, the developer will pay a cash contribution of $107, 554 to satisfy park dedication which will be held in escrow until the Goose Lake Park improvements are installed. • The developer will provide a letter of credit in the amount of $3,169,766 related to the cost of the proposed improvements which including a boardwalk, and wetland mitigations and restoration. That the developer provide a cash deposit of $502,140 for SAC and WAC charges, park dedication (to be put in escrow), engineering administration, one year of street light operating costs, and other City fees. Consistent with the previous approved Developer Agreement, a special provision was protects the 100 foot greenbelt/buffer around Stonegate. -- page City Council Meeting [Regular Agenda Item _231 8/1612016 • Section 29, City Payments, provides for City payment to the developer for utility oversizing in the amount of $25,573. FISCAL IMPACT: Direct Payments to Developer — $25,573 for oversizing of utilities. Goose Lake Park Improvements will be paid for and installed by the developer in lieu of park dedication. The City will receive Future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges for the 57 lot subdivision. SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize execution of a developer's agreement for the Hammes Estates residential development. The attached agreement was based on the approved development agreement template, since amended as outlined above, with all changes specific to the Hammes Estates project. This agreement must be executed and conditions complied with before any construction activity, outside of the previously authorized grading work, may proceed on the site. No work on the site will occur until the preliminary plat plans are updated and approved, the conditions of final plat are complied with and the plat is recording with Washington County. The recommended motion to take action on the request is as follows: "Move to adopt Resolution 2016-71 approving the developer's agreement for Hammes Estates" ATTACHMENTS: 1, Resolution 2016-71 2. Hammes Estates Developer's Agreement -- page CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-71 A RESOLUTION APPROVING AMENDMENTS TO THE APPROVED DEVELOPMENT AGREEMENT FOR HAMMES ESTATES lsr ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; arid WHEREAS, The Ryland Group, Inc., 7599 Anagram Drive, Eden Prairie, MN ("Applicant") has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for Hammes Estates lst Addition; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-82 on October 7, 2014 approving the Final Plat for Hammes Estates Is' Addition; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-83 on October 7, 2014, approving the Development Agreement for Hammes Estates 1 Addition; and WHEREAS, the Ryland Group, Inc. did not record the Final Plat, nor does it intend to develop the property, and WHEREAS, on November 4, 2015 the Lake Elmo City Council approved an extension of the Final Plat until October 31, 2016, and WHEREAS, Rachel Development Inc., 4125 Napier Ct NE, St. Michael, Minnesota 55376 has purchased the property in order to develop it according to the Plans approved by the City, and NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement for Hammes Estates 1st Addition and authorizes the Mayor and City Clerk to execute the document. Resolution 2016-71 Passed and duly adopted this 16th day of August, 2016 by the City Council of the City olLake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk Resolution 2016-71 (reservecl,k- recording informarion) DEVELOP ENT CONTRACT (Public sewer and water) Hammes Estates 1st Addition NNW AGREEMENT dated , 2 , by and between the CITY OF LAKE ELMO a Minnesota municipal corporation ("City"), and Rachel Develooment Inc. (the "Developer"). REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for (referred to in this Contract as the "plat") , and that final plat was approved by the City Council on October 7, 2014 via Resolution 2014-81 and later extended to October 31, 2016.The land is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City extended approval date referenced herein. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove REV2: 04/18/2016 trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has been recorded with the Washington County Recorder's Office, and 4) the City's Planning Director has issued a letter that all conditions have been satisfied, a preconstruction conference has been held, and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and availability charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, on or before December 31, 2019. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer's sole expense. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: REV2: 04/1 8/2016 Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan REV2: 04/18/2016 Plan C - Tree Preservation and Reforestation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes N. Miscellaneous Facilities The improvements shall be installed in accordance with the City subdivision ordinance and the City's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer REV2: 04/18/2016 4 and the Developers contractor. The Developer or his engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contract, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. 9. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of Final Plat, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in an amount provided under paragraph 38. Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all engineering administration and construction observation performed during the construction of the plat After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until said escrow has been replenished in its full amount. City engineering administration will include monitoring of construction progress and construction observation, consultation with t h e Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the City's in-house staff or consulting engineer. Construction observation shall include, at the discretion of the city, part or full time inspection of proposed public utilities and street construction. Services will be billed on an hourly basis. REV2: 04/18/2016 The direction and review provided through the inspection of the improvements should not be considered a substitute for the Developer required management of the development. The Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. The Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. Such inspection is pursuant to the City's governmental authority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Right-of-Wav Excavations and Obstructions: • City of Lake Elmo, Right -of -Way Utility Installation(s) • City of Lake Elmo, Right -of -Way Obstruction(s) • Washington County, Utility Installations(s) • Washington County, Street or Driveway Access(s) • Minnesota Department of Transportation, Utility Installation • Minnesota Department of Transportation, Right -of -Way Permit B. Watermain Extensions: • Minnesota Department of Health C. Sanitary Sewer Extensions: • Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Stormwater Management: • Valley Branch, Brown's Creek or South Washington Watershed District Permit E. Erosion, Sedimentation Control: • Minnesota Pollution Control Agency, General NPDES Stormwater Permit • SWPPP (Stormwater Pollution Prevention Plan) REV2: 04/18/2016 6 F. Wetland Mitigation: • Board of Water and Soil Resources, WCA G. Construction Dewatering: • Minnesota Department of Natural Resources 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2017, with the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter season, consistent with warranty requirements, however final acceptance of the improvements will not be granted until all work is completed including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via Keats Avenue North. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and/or its representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 16, 17 and 18. In addition, once work begins onsite, the drainage and erosion control work identified by the City around Wetland A and Keats Avenue shall commence immediately and work shall be diligent until completed to the City's satisfaction. The City reserves the right to stop all other work on REV2: 04/18/2016 7 the site if the erosion control correction work is not completed within 15 working days or if, in the City's sole discretion, the erosion control correction work is not progressing in a timely and diligent manner. 16. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the plat, with all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all responsibility for erosion control compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City's building permit requirements, or as required by the City or City Engineer. 17. GRADING PLAN. The plat shall be graded in accordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to the Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal of the as -constructed grading plan. A. Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer that all ponds, R EV2: 04/18/2016 swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. B. The City will not issue any building permits until the approved certified record grading plan is on file with the City. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, Plan "D". The plan shall conform to the City's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved plans. Once the work is completed, the developer or its representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re- inspect the improvements. The final bituminous wear course shall be installed in accordance with paragraph 12 above. 19. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from the Developer's operation. If the City, for REVI 04/1S/2016 9 any reason plows snow prior to final acceptance of the streets by the City, the City shall not be responsible for repairing the streets because of damage caused by the snow plowing operations. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and the contractor will bill the Developer. 20. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Landscape Plans and as required by City Ordinances. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer according to the approved Plans shall be warrantied and maintained for a period of 2 years. The 2 year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of said landscaping complete an inspection thirty (30) days prior to the end of the 2 year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer is deemed to be in poor condition or dead, the developer is to replace said landscaping with like kind materials or as otherwise approved by the City. B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over -seeding necessary to establish final lawns and yards as identified in the approved Plans for Outlots, public rights -of -way, and any disturbed areas outside the plat boundaries according to an approved landscape maintenance plan. The Developer agrees to achieve "substantial performance" on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this agreement "substantial performance" shall be defined for areas seeded or sodded with a turf or lawn mix as "square foot turf areas with an average blade height of three inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil." For areas seeded with a native grass or flower mix "substantial performance" shall be defined as "square foot native grass or flower areas with an average height of 8 inches free of eroded, bare, or dead spots and no REV2: 04718/2016 10 visible surface soil." 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans, an electronic file of the "record" plans in accordance with the City's Engineering Design and Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer's Certificate - Land Surveyor's Certificate certifying that all construction has been completed in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of "record plans" and affidavits, and upon review and verification by the City Engineer, the City Engineer will accept the completed public improvements. 22. PARK DEDICATION. The Developer shall pay a cash contribution of $107,554 in satisfaction of the City's park dedication requirements. The charge was based on the park dedication requirement for all the areas to be platted within the Hammes Estates Preliminary Plat. No additional fees in lieu of land dedication will be charged for future developments within the preliminary plat area. The charge was calculated as follows: 2.1 acres (5.7 acres of park land provided subtracted from 7.8 acres of park land required) $51,216 per acre per the submitted appraisal for the property. The Developer shall receive a credit from the cash amount due for the actual costs of the North East Park Plan Improvements depicted in the Final Landscape Plans dated September 22, 2014. These improvements shall include: 16-feet by 24-feet shelter, picnic table, bike rack, grill station, retaining wall, fishing pier, canoe rack, concrete hardsurface, woodland seed mix restoration, landscaping and parking lot improvements. The Developer shall deposit $107,554 with the City at the time of final plat to be held by the City in escrow until such time as the park improvements have been installed. Upon installation of park improvements, the City shall release the credited amount to the Developer and assume responsibility for maintenance of the park improvements, except for the woodland restoration and landscaping. REV2: 04/18/2016 11 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $171,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $171,000.00.00. In addition, a sewer connection charge in the amount of $1,000.00 per REU, a Met Council sewer availability charge in the amount of $2,485.00 per REU, and a water connection charge in the amount of $1,000.00 per REU will be collected by the City at the time the building permit is issued for each lot. 24. TRAFFIC CONTROL SIGNS. The Traffic control signs shall be included as part of the street improvements, and installation costs shall be included in the street construction calculations. 25. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The required security is $54,000 and consists of nine (9) decorative lights at $6000 each. The Developer shall also pay $1,161.00 in payment of the first year operating costs for street lights. 26. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and Specifications and in accordance with any applicable Watershed or agency Permits. If the mitigation work is found to be incomplete or restoration is unsuccessful the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures to be used by the City to perform the work, 27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. REV2: 04/18/2016 A. No building permit shall be issued for any lot within the Plat, or within a completed phase of the Plat in a {}itypneappFOVed phasing plan, until such time that sanitary sewer, water, Sk}rD sewer, Curbing and one lift of asphalt has been installed for all public streets; and record grading plans have been submitted and approved by the Qh/ Engineer. A p[88ppnoved phasing plan is defined 85 8 phased construction plan that has been submitted by the developer and approved by the City in advance of the prBC0nstrV[tion meeting for the Plat. Once the oonStrUC1inO has started the City will not consider revisions tOthe phasing plan for the purpose Vfissuing building permits. B. Issuance of building permits for up b]four "model hOnleG" may be authorized by the Planning DinsCtU[ prior to the completion of the improvements described in Section A Qb0ve, if there is safe public aC:eG3 to the subject lot that is sufficient to aU0xv construction to proceed and there is 8 record grading plan approved by the City Engineer for the subject |0t and all downstream storm water drainage facilities. The City will not issue a certificate of occupancy for any "model hOnle" until all conditions identified inSection Aabove have been completed, C. Prior to issuance of building pernlit3, wetland buffer monuments Sh3|| be placed in accordance with the City'S zoning ordinance. The monument design shall be approved by the Community Development Department. O. Prior to issuance of building permits, permanent or temporary street signs shall be installed by the developer. E. Breach of the tor[nS of this Contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building p8rnlitS, certificates of occupancy, and/or withholding of other pe[nlit3, inspection or actions, including lots sold to third parties, and the halting of all work in the plat. F. If building permits are issued prior to the 8CC8ptSnCe of public improvements, the Developer assumes all liability and costs resulting in delays in cornp|ehVD of public improvements and damage to public inlprnV8nle0\s caused by the City. Oemo|Qpe[, its cOntn8ctV[s. GubCOnt[@CtVrs, nla1eria|Dl8n, employees, agents, or third parties. G. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 28. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. All amounts incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including reasonable engineering and attorneysfees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all outstanding special assessments prior to recording the final plat. REV.?: 04/1 8/2016 14 F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request, the City will provide copies of detailed invoices of the work performed. 29. CITY PAYMENTS. Within thirty (30) days of the City's final acceptance of the Improvements, pursuant to Section 19 of the Contract, the City shall reimburse the Developer for the actual costs incurred by the Developer to oversize the water main, in an amount not to exceed $25,573.00. The actual amount of the City's reimbursement shall be based on actual construction costs which must be verified by the Developer to the City in the Plans submitted to the City as required in Section 18. This payment by the City shall be the City's only responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any other right of the City under this Contract or under applicable laws, ordinances or rules. In order to receive reimbursement, the Developer must not be in default of any of the terms of this Contract. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the September 18, 2014, Engineering memorandum. B. Upon the recording of the final plat, the Developer shall convey Outlots A and C to the City by warranty deed, free and clear of any and all encumbrances. The Developer shall be responsible for paying the cost of a title policy that insures the City's interest in these properties. C. The Developer shall install a temporary turnaround on the end of June Avenue North and Juniper Avenue North until the streets are extended to in the second phase of the Hammes development. D. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. E. There shall be a green belt/buffer established between the property being platted by REV2: 04/18/2016 15 the Developer and the adjacent Stonegate Subdivision that is at least 100 feet in width. The Developer shall include a provision in its homeowners' association covenants that restricts the construction of any improvements within the green belt/buffer area. The homeowners' association covenants shall provide that any changes to this provision in the covenants must be approved by the City. The homeowners' association covenants must be reviewed and approved by the City prior to them being recorded. F. The Developer shall be responsible for the construction of all improvements within the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated May 6, 2014. The required improvements shall include, but not be limited to: modifications to the median crossing in this area, continuation of a bituminous trail through the median, turn lanes, and other improvements as required by the County. G. The Developer shall observe all other County requirements as specified in the Washington County review letter dated May 6, 2014. H. The Developer shall enter into a landscape license and maintenance agreement with and satisfactory to the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. 1. AU trails shall be either located within easements that are either granted to the City by a separate instrument or dedicated to the City in the plat or, alternatively, located within an outlot that is conveyed to the City. J The Developer must provide a title policy in favor of the City in an amount of not less than $200,000, insuring the City's interests as they appear on the plat. K. Any land under which public trails are located will be accepted as park land provided the Developer constructs said trails within the dedicated areas as part of the public improvements for the subdivision and Outlots are provided where required by the City. No more than one hundred units depicted on the preliminary plat (100) may be approved as part of a final plat until a second access is provided to the subdivision via a connection through the property to the south of the Hammes Estates. REV1 04/1S/2016 16 M. The Developer shall be responsible to monitor the restored southern shoreline of Goose Lake for invasive species for a period of 5 years as specified in the MN DNR Public Waters Work Permit. N. The parties acknowledge that all documentation of remediation activities related to a recorded soil contamination on the site to the Minnesota Pollution Control Agency have previously been submitted and approved. 31. MISCELLANEOUS. A. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the final plat. No third - party beneficiary is hereby conferred. D. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a REV2: 04118/2016 17 combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, REVI 04/18/2016 18 zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 32. EVENTS OF DEFAULT. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from the Developer, or immediately draw on the Letter of Credit, as set forth in this Agreement. 34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to REV2: 04/18/2016 19 the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 35. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. Twenty-five percent (25%) of the original security amount of the improvements shall be retained through the warranty period. A. The required warranty period for all work relating to the public sewer and water shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance of the work. C. The required warranty period for sod, trees, and landscaping is 2 growing seasons following final written City acceptance of the installation. 36. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit ("security") for $3,169.766. The amount of the security was calculated as follows: CONSTRUCTION CATEGORY: COST 125% 1. Grading $156,000 $195,000 2. Sanitary Sewer $413,076 $516,345 3. Watermain $298,624 $373,280 4. Storm Sewer (includes pond structures and outfall pipes) $492,748 $615,935 5. Streets $430,598 $538,247 6. Trails and Sidewalks $111,360 $139,200 7. Surface Water Facilities (infiltration basins, bio retention basins, rain gardens, N/A etc.) REV2: 04/18/2016 20 8. Street Lighting 9. Street Signs and Traffic Control Signs 10. Private Utilities (electricity, natural gas, telephone, and cable) 11. Landscaping $54,000 $67,500 $6,300 $7,875 N/A $244,922 $306,152 12. Tree Preservation and Restoration (Included in Landscaping) 13. Wetland Mitigation and Buffers 14. Monuments 15. Erosion and Sedimentation Control 16. Boardwalk 17. Developer's Record Drawings CONSTRUCTION SUBTOTAL TOTAL PROJECT SECURITIES (at 125% Construction Costs) $50,000 $62,500 $5,700 $7,125 $195,986 $244,982 $ 66,500 $83,125 $10,000 $12,500 $2,535,813 N/A N/A $3,169,766 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. 37. REDUCTION OF SECURITY. Upon written request by the Developer to the City Engineer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the security as follows: A. Upon completion of grading operations, including temporary site restoration, Developer shall submit an as -built grading survey to the City that at a minimum establishes the as -built grades at all lot corners and downstream drainage conveyance systems and storm water ponds. Upon inspection of the site and approval of the as -built survey, 100°/e, or $195,000, of the grading security may be released. This security reduction does not include amounts related to erosion and sedimentation REV2: 04/18/20 I 6 21 control. B. Up to 75% of the security provided in accordance with paragraph 36 may be released upon completion of the following key milestones of the project as determined by the City Engineer. C. Construction Categories 2 and 3: The amount of $667,218 may be released when all sanitary sewer and watermain utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as -built inverts have been verified, and the utilities are considered ready for use by the City Engineer. D. Construction Categories 4 and 5: The amount of $865,637may be released when all streets, and storm sewer have been installed and tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items and including verification of storm sewer as -built inverts, but not including the final wear course. E. Construction Categories 6-10 and 14-17: The amount of $359,386 may be released when all remaining Developer's obligations under this Agreement have been completed including: (1) bituminous wear course, (2) street lighting and private utilities, (3) sidewalks and trails, (4) bio retention facilities, (5) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans in the form of the City standards have been received and approved by the City, and (5) the public improvements are accepted by the City Engineer and City Council. F. Construction Categories 11, 12 and 13: The amount of $229,614 may be released when Landscaping Improvements have been installed to the satisfaction of the City Landscape Architect including all corrective work for any identified punch list items. G. Twenty-five percent (25%) of the original security amounts, excluding grading and landscaping improvements shall be retained until: (1) all improvements have been fully completed and excepted by the City, including all corrective work and warranty punch list items, (2) all financial obligations to the City have been satisfied, and (3) the warranty period has expired. H. Twenty-five percent (25%) of the original landscaping security amounts shall be REV2: 04/1S/2016 22 retained until: (1) all landscape improvements have been fully completed and excepted by the City, including all corrective work and warranty punch list items, (2) all financial obligations to the City have been satisfied, and (3) the warranty period has expired. In addition to the above project milestone based security reductions, the Developer may submit written request to the City Engineer and upon receipt of proof satisfactory to the City Engineer that work is progressing in accordance with the approved plans and specifications, and terms of this Agreement, and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the security for Construction Categories 2-5 in an amount not to exceed fifty percent (50%) of the initial security amounts. J It is the intention of the parties that the City at all times have available to it a Letter of Credit in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Letter of Credit shall be evaluated by the City in light of that principle. 38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $171,000 Water Availability Charge (WAC) $171,000 Park Dedication $107,554 Street Light Operating Fee $1,161 City Base Map Upgrading $1425 City Engineering Administration Escrow $50,000 TOTAL CASH REQUIREMENTS $502,140 39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 4125 Napier Ct NE. St. Michael, Minnesota 55376; Attn: David Stradtman. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City REV2: 04/18/2016 by certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042. 40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorney's title opinion or title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. CITY OF LAKE ELMO BY: Mike Pearson, Mayor (SEAL) REVI 04/18/2016 24 AND Julie Johnson, City Clerk RACHEL DEVELOPMENT INC.: Its STATE [}FK4|NNESOTA \ /su. COUNTY OFVVASH|NGTON \ The foregoing instrument was acknowledged before me this day of 2016, by Mike Pearson and by Julie Johnson, the Mayor and City Clerk of the City Of Lake BnlO. 8 Minnesota [nuDiCip8| corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE [JFK4|NNBSOTA ) (aa� COUNTY OF \ The foregoing instrument was acknowledged before me this day of the Of NOTARY PUBLIC DRAFTED BY - City ofLukeBmo 38UOLaverne Avenue North Lake Elmo, MN 55042 xEvIm/|8/2o|^ 25 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 STATE OF MINNESOTA COUNTY OF by (ss. The foregoing instrument was acknowledged before me this day of , 2 NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 REV2: 04/18/2016 26 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 STATE OF MINNESOTA ( ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2 , by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC REV2: 04/18/2016 27 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT , which/who has a contract purchasers interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this day of , 2 STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC REV2: 04/18/2016 28 EXHIBIT "A" TO DEVELOPM ENT CONTRACT Legal Description of Property Being Final Platted as Hammes Estates 1st Addition That part of the South Half of the Northeast Quarter of Section 34, Township 29 North, Range 21 West, Washington County, Minnesota, EXCEPT the East 60.00 feet of the North 967 feet of said South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3 of Washington County Highway Right of Way Plat 49-19B, recorded September 18, 1985 as Document Number 492530 REV 2: 04/ 18/2016 29 , IRREVOCABLE'=='�-ITTF'.'_PIR''E:DIT TO: City of Lake Elmo Dear Sir or Madam: No. VVmhereby issue, for the account cf (Name ofDeveloper) and inyour favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. 2 The draft must: a) Bear the clause, "Drawn under Letter of Credit No. . dated . 2 . of b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. o) Be presented for payment ot (Address of Bank) , on or before 4:00 p.m. on November 30, This Letter ofCredit shall automatically renew for successive one-year hsnns unless, at least forty-five (45) days prior k>the next annual renewal date (which shall be November 30 of each year), the Bonk delivers v��nn noUcetothe Lake Elmo QtyAdmin��aUorthat bintends tomod�ythe terms of, nroanma[�this Letter ofCredit. Written notice is effective if sent by certified mei|, postage prepoid, and deposited in the U.S. K8ai|. at least forty-five (45) days prior to the next annual renewal date addressed an follows., City Administrator, City HoU, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and in actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in anyway be modified, amended. amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit isnot assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit nheU be governed by the most nam*nt revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that e draft drawn under and in compliance with this Letter of Credit mhd| be duly honored upon presentation. BY: Its 30 IF CITY ( )1, LAKE E MO STAFF REPORT DATE: August 16, 2016 REGULAR ITEM #: 24 MOTION TO: Mayor and Council FROM: Kristina Handt, City Administrator AGENDA ITEM: RFP for Job Classification and Compensation Study BACKGROUND: Over the last year or so as the City has been hiring for positions, staff has used the online Salary Survey through the League of Minnesota Cities to help establish a hiring range. Staff had reviewed salaries in cities that are 25% smaller and larger then Lake Elmo (6,000-10,000 population) Information entered into the survey is voluntary on the part of cities. Recent hirings have brought about questions regarding the overall classification and salaries of City positions. For example, recent department head hires have salaries $5-10,000+ higher than longer term employees. Also, we have supervisors of multiple positions making less than those who supervise only one position. ISSUE BEFORE COUNCIL:, Should the Council authorize issuing a Request for Proposals for a Job Classification and Compensation Study? PROPOSAL DETAILS: The first step in evaluating the salaries would be to review the job classifications. This establishes the foundation for grouping jobs into categories in order to compare them both internally (with similar jobs within the city) and externally (with similar jobs in the larger market). The City last completed a pay equity report as required under state law- in 2014, I've included a copy of the job classification submitted with that report. Clearly, our current pay rates are out of synch with the job classifications. Of particular concern would be female held positions that have higher points in the classification system but receive lower salaries than male positions with lower point values. After the City has established the classifications, the next step would be to compare the various job classes to appropriate job categories and classes in the market. This comparison to the market should go beyond what is included in LMC's salary survey as it does not include all cities since it is voluntary. In order to best complete these tasks, staff would recommend the Council approve issuing an RFP. Due to current staff workload, to avoid (perceived or real) conflicts of interest, and to follow the best management practices in local government, an outside firm should be hired to complete the analysis and provide recommendations as needed. This issue was discussed by the Human Resource Committee on August 8th. The committee had concerns about the cost of a proposal, discussed doing the work internally, suggested looking at job descriptions, and noted that the classification may not have been updated in a number of years. Two of the three members supported going out for an RFP. The third member's concern was cost and the thought that the work could be completed by staff or interns. FISCAL IMPACT: None to issue the RFP. Cost of proposal to be determined at the time they are received. The financial projections for 2016 include a budget surplus of over $550,000. Ifthe project is started this year those funds could be utilized. Any fund balance that carries over into 2017 could also be used to pay for this project without having to increase the tax levy. RECOMMENDATION:. Motion to authorize the issuance of a Request for proposalsfor a Job Classification and Compensation Study Lake Elmo ` Class Ir //"e 18 Receptionist 17 VVater/Firesupport 14 Planning Assistant 1 Deputy Clerk 2 Heavy Equipment Oporato 3 Heavy Equipment 0pera0o 4 Heavy Equipment Oponato 5 Heavy Equipment Openeto 16 Park Maintainer 15 Librarian 18 Taxpayer Relations 7 City Planner 6 Building Official 8 Fire Chief S Finance Director 10 City Clerk 11 Maintenance Supervisor 12 Community Development 13 City Administrator Job Number Count: 19 Job Class Data Entry Verification List Case: 2014 Data Nbv mbx Class Jobs Minmw Males Females Type Points Salary O 1 F 124 $2.687.00 1 O M 130 $2.69U0 O 1 F 170 $3.007,00 O 1 F 205 $3.188,00 1 0 M 214 $3.187�00 1 O M 214 $3.167,00 1 0 M 214 $3.167,00 1 O M 214 $3.167�00 1 O M 214 $3.167�00 1 B M 282 $8.750,00 0 1 F 300 $3.771,00 1 O M 345 $4.187�00 1 V M 350 $5.099.00 1 0 M 372 $5.718.00 0 1 F 384 $6.118.00 1 O M 384 $5.417�00 1 O M 384 $6.110,00 1 O M 457 $6.921.00 1 O M 488 *9.417�00 MaxMo Salary $2,687.00 $2,690.00 $3.0O7�UQ $3,188,00 $4,853,00 $4,853,00 $4,853,00 $4,853.00 $4'8510O $3,750,00 $3,771,00 $4,167,00 $5,099,00 $5.71000 $6.118�00 $5.417I0 $6,110,00 $6,B21�00 Yrs of Exceptional Service Service Pay 2�0O 2,00 2.00 2,00 4.00 7.00 9,00 2100 200 1�O0 100 2.00 100 S�UU 3.00 3.00 28�00 7,00 3.00 ITh t )I I AKE ELM() STAFF REPORT DATE: August 16, 2016 REGULAR ITEM #: 25 MOTION TO: Mayor and City Council FROM: Kristina Handt, City Administrator REVIEWED BY: Sarah Sonsalla, City Attorney AGENDA ITEM: Amend Chap 31 of City Code BACKGROUND: The Council last updated Chapter 31 of the City Code related to the City Council at their July 5, 2016 meeting. At the August 10, 2016 work session the Council discussed a few areas that they would like to update. Those updates included: (1) removal of council reports 3 months before a local election, (2) change the timeline for Council to make agenda request so staff had more time to prepare items, (3) get packets out a day earlier so Council had more time to review, and (4) consistent language about Council waiting until all public comments are completed before responding was added in two additional areas. ISSUE BEFORE COUNCIL: Should the City amend Chapter 31 of the City Code? PROPOSAL DETAILS/ANALYSIS: A redlined version of the proposed changes is included in your packet. All of the proposed changes occur in Sec. 31.04. If the ordinance is updated, staff would also recommend a summary publication ordinance be adopted. 1 FISCAL IMPACT: NA OPTIONS: 1) Approve Ordinance No 08-150 2) Amend and then Approve Ordinance No 08-150 3) Do not approve Ordinance No 08-150 RECOMMENDATION: Motion to approve Ordinance No. 08-150 Motion to adopt Resolution No 2016-69 Approving Summary Publication of Ordinance No 08-150 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-150 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE CITY'S PROVISIONS RELATED TO THE CITY COUNCIL SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 31 of the City Code by adding the underlined language and deleting the stricken language as follows: § 31.01 MEETINGS. (A) Authority. City councils are authorized to adopt rules of procedure and provide for order at their meetings. (1) Parliamentary procedure. Except as specifically provided under statute or these parts, the most current version of the Robert's Rules of Order Revised governs any question of parliamentary procedure that arises at a city meeting. (B) Pinpose. The purpose of this policy on City Council meetings is to set the groundwork for orderly and respectful communications between and among council tnembers, city staff, and citizens to promote the efficient working of the public's business at City Council meetings. (C) Regular meetings. Except as provided herein, regular meetings shall be held at City Hall beginning at 7:00 p,m. on the first and third Tuesdays of each month. The City Council may cancel regular Council meetings by adopting the appropriate motion at any duly called Council meeting. The City Council may change the date, time, and/or place of a regular meeting by adopting the appropriate motion at any duly called Council meeting and by posting a written notice of the date, time, and place of the rescheduled meeting on the city bulletin board and at the main entrance to the City Hall at least 3 days before the date of the rescheduled regular meeting. (1) Quorum. A simple majority (3) of the Council shall constitute a quorum for the valid transaction of any scheduled business to come before the Council. Location. All meetings, including special, recessed, closed, and continued meetings, shall be held in the City Council chambers, located at City Hall, unless otherwise designated, pursuant to Minn. Stat. § 13D.04, subd. 2. Schedule. A schedule of regular meetings shall be kept on file with the city clerk. (4) Recessed or continued meetings. When a meeting is recessed or continued, the presiding officer shall state the time and place for the next meeting to occur pursuant to Minn. Stat. § 13D.04, subd. 4. The time and place shall also be noted in the minutes. If the time and place is stated and noted in the minutes, no additional notice of the meeting is required, unless otherwise required by law. However, if the time and place is not stated and noted as required herein, compliance with the notice procedures for a special meeting, as defined in this Section, shall be required. (D) Open Meeting Law. The Minnesota Open Meeting Law ("OML"), Minn. Stat. Ch. 13D, generally requires that all meetings of public bodies be open to the public. (1) Principles. The presumption of openness in the OML serves three basic principles: (a) To prohibit actions from being taken at a secret meeting, where it is impossible for the interested public to become fully informed concerning the decisions of public bodies, or to detect improper influences; (b) To ensure the public's right to be informed; and (c) To afford the interested public an opportunity to present its views to the public body on matters of public interest. (2) The City Council views providing and encouraging citizen access to city meetings as one of its most important duties. As a result of this principle, all Council and committee meetings, including special meetings, with the exception of closed meeting, as required by Minn. Stat. Ch. 13, shall be open to the public. (3) In calculating the number of days for providing notice under the OML, the first day that the notice is given is not counted, but the last day is counted. If the last day is a Saturday, Sunday, or legal holiday, that day is omitted from the calculation and the day following the Saturday, Sunday, or legal holiday is considered the last day. (4) In keeping with the intent of the OML, Council members shall not use any form of communications technology, such as text messaging or email, to communicate with another person during a public meeting in a manner that is hidden or shielded from public view. (5) Pursuant to Minn. Stat. § 13D.01, subd. 6, at least one copy of the written materials made available to the Council at or before the meeting shall also be made available for inspection by the public, excluding any non-public data, attorney -client privileged data, or materials related to agenda items of closed meetings, or anything else otherwise deemed not public by any applicable law. (E) Special meetings. Special meetings may be called by the Mayor or by any two (2) 2 Council members filing a written notice with the city administrator. At least three (3) days prior to the date of the special meeting, the city administrator shall provide notice to all members of the Council and to each person who has filed a written request for notice of special meetings, and shall post the notice on the city bulletin board and at the main entrance to City Hall. The notice shall indicate the date, time, place, and purpose of the special meeting. If matters riot directly related to the purpose of the special meeting are discussed or acted upon at the special meeting, the minutes of the special meeting shall include a specific description of the matters. Days shall be counted as provided in paragraph (D)(3) above. Notice to the public of special meetings must be given pursuant to Minn. Stat. 13D.04, subd. 2. (1) Closed Meetings. The OML allows or requires some meetings to be closed to the public for certain defined purposes. When a meeting is closed, the presiding officer at the meeting shall state for the record the reason for closing the meeting and cite the specific provision of law allowing or requiring the meeting to be closed. The presiding officer shall also ensure that meetings are recorded, if required by law. (F) Emergency meetings. An emergency meeting is a special meeting called by the Mayor or any two (2) Council members because of circumstances that in the judgment of the Mayor or any two (2) Council members require immediate consideration by the Council. The person or persons who call the emergency meeting shall make a good faith effort to contact all Council members and, as soon as reasonably practicable after notice has been given to Council members, all members of the news media who have filed a wiitten request for notice of emergency meetings if the request includes the news media's telephone number. The notice shall include the date, time, place, and purpose of the emergency meeting. If matters not directly related to the emergency meeting are discussed at an emergency meeting, the minutes of the emergency meeting shall include a specific description of the matters. (G) Business conducted at special or emergency meetings. No business shall be transacted at special or emergency meetings unless the business shall have been specified, in the notice, without the consent of all of the members of the Council present. Any member present at any special or emergency meeting who fails to object and have their objections entered in the minutes of the special or emergency meeting will be conclusively presumed to have consented to the transaction of all business transacted at the special or emergency meeting and no objection may thereafter be raised by a Council member that the notice of the special or emergency meeting was defective. (H) Initial meeting. At the first regular Council meeting in January of each year, the Council shall: (1) Appoint an acting mayor, who shall act as mayor in the mayor's absence, pursuant to Minn. Stat. § 412.121; (2) Select one official newspaper pursuant to Minn. Stat. § 412.831; (3) Select an official depository or city finds. This must be done within 30 days of 3 the state of the city's fiscal year pursuant to Minn. Stat. § 427.01-.02; 1 18A.02, subd. 1; and 427.09; (4) Review the Council's bylaws and make any needed changes; (5) Assign committee duties to members. All assignments of Council members to serve on city boards, commissions, and committees shall be by a majority vote of a quorum of a duly called meeting, unless otherwise provided by law; (6) Approve official bonds that have been filed with the clerk; (7) Appoint a city attorney; and (8) Appoint a city engineer. (I) Public meetings. All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be conducted in accordance with the Minnesota Open Meeting Law. (1997 Code, § 200.01) (.1) Ground rules. Each Council member shall abide by the following ground rules for interaction with each other and with members of the public at Council meetings. All Council members shall assist the presiding officer in preserving order and decorum and in providing for the efficient operation of the meeting. Council meetings shall be conducted in a courteous manner that recognizes the validity of differing viewpoints and promotes the ideal of respectful democratic discussion and debate that is free of insult, slander, and personal attacks or threats. (1) Respect others. Council members should: (a) Respect each other and the process; (b) Assume each Council member is being honest and genuine in the expression of his or her views; (c) Not shame or blame others; (d) Not talk about people who are not present; and (e) Respect residents of the city and city staff. (2) Listen. Council members should: (a) Not interrupt while others are speaking; (b) Ask clarifying not interrogating questions; 4 (c) Use "I" statements not "You" statements; (d) Discuss and debate ideas in a civil manner; (e) Be respectful of the ideas of others even if they don't agree with your ideas; and (f) Keep side conversations to a minimum. (3) Accountability. Council members should: (a) Participate to the best of their ability; (b) Be responsible for making sure all voices are heard; (c) Be accountable for what they do and say; (d) Hold each other accountable in a civil way; (e) Be responsible for their part of a problem or issue; (t) Be accountable for the use of information by not misusing information or by providing incorrect information; and (g) Be responsible for reviewing agenda items and support information, (4) Take risks. Council members should: (a) Take risks, be authentic and speak truthfully; and (b) Not be hostile or harassing toward others for taking risks. (5) Be open. Council members should: (a) Be open to other's stories and realities; (b) Be open to partially -formed ideas; (c) Learn from mistakes; (d) Be open to a change of heart and mind; and (e) Not operate from fear. (6) Personal reaction. Council members should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas. 5 (7) General rules of decorum. To effectuate the following ground rules, all Council members shall conduct themselves at all times in a manner consistent with the following: (a) No Council member shall engage in private conversation or pass private messages while in the chamber in a manner so as to interrupt the proceedings of the Council; (b) No Council member shall leave his or her seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; (c) No Council member shall use profane or obscene words or gestures, or unparliamentary language, or use language that threatens harm or violence toward another person during at any time; (d) No Council member shall speak on any subject other than the subject in debate; (e) No Council member shall speak without being recognized by the presiding officer, nor shall any Council member interrupt the speech of another Council member; (t) No Council member shall disobey the Council's Rules of Order and Procedure as adopted or a decision of the presiding officer on questions of order or practice or upon the interpretation of the rules of Council; No Council member shall engage in disorderly conduct that disturbs or disrupts the orderly conduct of any meeting; and (h) No Council member shall engage in conduct which delays or interrupts the proceedings or which hinders honest, respectful discussion and debate. § 31.02 PRESIDING OFFICER. (A) Presiding Officer. The mayor shall preside at all meetings of the Council unless another person has been designated by majority vote of the Council to preside over any or all meetings for a specific period of time. (I) Role qf the presiding officer. The presiding officer shall preserve order, enforce the Council Rules of Order and Procedure as adopted, and determine, without debate, all questions of procedure and order, subject to the final decision of the Council on appeal as provided in this Section. The presiding officer shall determine which member has the right to speak and may move matters to a vote once the officer has determined that all members have spoken. The presiding 6 (3) officer may determine whether a motion or proposed amendinent is in order and may call members to order. Except as otherwise provided by statute or by the provisions of this Chapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Roberts Rules of Order. Adjourning a meeting. If considered necessary, because of grave disorder as determined by the presiding officer, the presiding officer may adjourn or continue any meeting to another time or suspend the meeting for a specified period of time. Designation of a sergeant -at -arms. The presiding officer may request that local law enforcement designate a member to serve as a sergeant -at -arms at Council meetings. The sergeant-at-an-ns shall carry out all orders or instructions given by the presiding officer for the purpose of maintaining order and decorum at meetings. (4) Motions and voting. The presiding officer may make motions, second motion, speak on any questions, and vote on any matter properly before the Council. This provision does not apply to non -elected presiding officers designated under this section. (5) Absences of presiding ofticer. In the absence of the mayor, the acting mayor shall preside. In the absence of both the mayor and the acting mayor, the city clerk/administrator shall call the meeting to order. The first order of business shall be to select a presiding officer for the meeting from the members present. The city clerk/administrator shall preside until the Council members present choose a member to act as presiding officer. (6) Appeals and ruling of the presiding officer. Any member of the Council may appeal to the full Council a ruling on order or procedure made by the presidin officer. (7) Procedure for appeals. An appeal is made by motion. No second is needed for the motion of appeal. The member making the motion may speak once solely on the question involved, and the presiding officer may speak once solely to explain their ruling, but no other Council member may participate in the discussion. (8) Once both the maker of the motion and the presiding officer has spoken, the matter must be voted upon by the Council as a whole. (9) The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer. (10) Temporal), designation of a presiding officer. The presiding officer may choose to designate a temporary presiding officer before participating in debate on a given matter. The presiding officer shall resume presiding as soon as action on the matter is concluded. 7 § 31.03 MINUTES. (A) Minutes constitute a vital record of the city and are the best means of preserving Council intent, findings of fact, and action. Pursuant to Minn. Stat. § 412.151, the city clerk must keep a minute book. The minute book shall contain, at a minimum, the following: (I) The Council members who are present; (2) The type of meeting (regular, special, continued, closed); (3) Date and place of the meeting; (4) Time the meeting was called to order; (5) Approval of minutes of the previous meeting, with any corrections; (6) The members who make or second any motions; (7) A record of all members and their vote for any roll call votes; (8) The subject matter of all proposed resolutions or ordinances; (9) Whether any resolution or ordinance is approved or disapproved by vote of the Council; (0) The votes of each member voting, including the mayor, and the votes of any member not voting (e.g. abstentions, including reason for abstention if given, not present); (11) A statement of the findings of fact and an explanation of Council action, including specific reasons for approval and disapproval of specific resolutions or ordinances, on all land use and licensing matters; (12) Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount; (13) Approval of hourly rates paid for services provided, mileage rates, meal - reimbursement amounts, and per diem amounts; (14) A list of all transfers of funds; (15) Authorizations and directions to invest excess funds, and information on investment redemptions and maturities; (16) The identity of any party to whom a contract was awarded; 8 (17) Appointments of representatives to committees or outside organizations; and (18) The name of all citizens appearing before the Council during the public corrunent period along with a brief summary of the subject matter of their comments. (B) The minutes of each meeting shall be typed and signed by the clerk/administrator. Copies of the minutes shall be included in the agendas for the Council meeting. (C) Meeting minutes shall be considered and approved at a future meeting. (1) Meeting minutes do not need to be read aloud; (2) The presiding officer shall call for any corrections; ) If there is no objection to a correction, it will be made without a vote of the Council; (4) If there is an objection, the Council shall vote upon the addition or correction by a roll call vote; (5) Council shall take formal action by vote to approve the minutes as distributed, with any corrections or amendments made as described herein; and (6) Minutes shall be published as required by Minn. Stat. § 412.191, 331A.08, subd. 3, 331A.01, subd. 10. § 31.04 ORDER OF BUSINESS AT REGULAR MEETINGS. (A) Order established. Each meeting of the Council. shall convene at the time and place appointed for the meeting. Council business shall be conducted in the order determined by the Council at its first annual meeting or as thereafter amended by the majority vote of the Council. (1) Order of Business. The standard order of business for Council meetings shall be the following: (a) Call to Order/Pledge of Allegiance; (b) Approval of Agenda; (c) Approval of Minutes from Past Meeting(s); (d) Public Comment; (e) Presentations; 9 (f) Consent Agenda; Regular Agenda; (h) Report of the Council. council i?..enorts -,viil notbc niirt tne )rkler Business i1iithrLs... months IleroR.‘ Ineid ; (i) Reports from City Staff; and (j) Adjourn. (B) Agenda. An agenda will be prepared for all regular Council meetings by the city clerk/administrator or their designee. Agenda items may be placed on the agenda by the Mayor and a Council member, two Council members or staff. Members of the public wishing to place an item on the agenda must do so by contacting city staff or Council members, or by speaking during the public comment period. No member of the general public may add any items to the agenda. (1) Special Meetings. When a special meeting is called pursuant to applicable law, the agenda for the special meeting must be included in the request for the meeting and in the publication of the notice of the meeting pursuant to Minn. Stat. § 13D.04, subd. 2. (2) Agenda Procedures. Any Staff member or Mayor and Council member or two Council members wishing to add an item to any agenda pursuant to this Section shall do so by complying with the following: (a) All requests to place an item on the posted agenda must be received by the city clerk/administrator by 10 a.m. \. en days prior to the next Council meeting. For a regularly scheduled Tuesday meeting, the deadline for agenda items would be 10 a.m. on the 7- riiiel,s:A completion:. (b) All requests to place an item on the posted agenda must be on the form prescribed by the city clerk/administrator. The form shall be completed with the goal of clearly describing the subject matter to be considered by the Council and any action requested or required. Supporting information may be attached to the form as necessary. All requests to place an item on the posted agenda by city staff or Council members must be reviewed by the city cleric/administrator or their designee prior to being included in the agenda. (d) The agenda, along with all related information materials, will be provided to all City Council members and the city attorney at least three days prior to 10 the Council meeting for which it applies. For a regularly scheduled Tuesday meeting, the packet will be provided by 5 p.rn. the 4Li4d-i-H:-"Iliurs,id \- preceding. (C) 6917Se171 Agenda. A consent agenda may be used to improve the efficiency of meetings. The consent agenda allows the Council to consider several items at one time. Only one motion is necessary to approve all items on the consent agenda. (1) Items that require findings of fact or an explanation of Council actions, such as land use matters and the consideration of licensing requests, should not be placed on the consent agenda. (2) An item on the consent agenda may be removed from such agenda for full consideration by the Council upon request made by any member of the Council. Items removed from the consent agenda will be placed on the regular agenda for discussion and consideration. (D) Presentation, discussion and agenda item decisions. The following is the order of business for presenting and discussing items on Council agendas: (1) Introduction of item; (2) Report by staff or other presenter; ) Questions from Council members to the presenter in a round robin manner. The presiding officer will facilitate the round robin process by asking each individual Council member for one question and allowing for a response to the individual question. Then the presiding officer will ask the next Council member, in sequence, until all Council members have asked and received responses to a question. No Council member shall take more than three minutes to ask a question or comment on an item which is being presented before another Council member has a turn to question and comment on the same item; (4) Receive questions/comments from the applicant/requesting party to the Council, and allow each Council member to respond in the round robin process; (5) Allow questions from Council members to the applicant/requesting party, if applicable, using the round robin process; (6) Allow questions/comments from the public to Council members. Each member of the public shall state his or her comments in six minutes. Council shall not interrupt or interact until all public comments are completed; (7) At the conclusion of the round robin process, the presiding officer calls for a motion or discussion among the Council. Discussion on any presentation shall be kept to a minimum, and each Council member shall only speak once on the issue. 11 This action is not an indication that the motion on the table is the motion that will be approved in its current form. It is purely for discussion purposes; (8) Discussion among Council members using the round robin process; (9) Action by the Council on the motion. (E) Meeting Schedule. (1) Each meeting of the Council shall convene at the time and place appointed. All public hearings shall commence at the advertised time. (2) Council business shall be conducted in the order of the prepared agenda, unless an alteration is approved by a majority of the Council. The last item on the agenda will be commenced no later than 12 a.m. (3) (4) If all business has not been completed by 12 a.m., the meeting shall be continued to another date and time following the notice provisions contained herein. (F) Public participation and comment at council meetings. Council meetings are the forum for the Council to conduct the city's business. While Council meetings are open to the public pursuant to the Minnesota Open Meeting Law, they are not a forum for public expression. As such, members of the public are not allowed to participate in Council discussion and debate without a specific invitation and/of formal recognition by the presiding officer. Members of the public shall not applaud, engage in conversation, or engage in other behavior through words or actions that may disrupt the proceedings of the Council. (G) Members grille public shall lbllovt. the direction of the presiding officer. Members of the public who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After such warning, if the conduct continues, the presiding officer may ask the member of the public to leave the meeting room. If the member of the public refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant -at -arms to remove the person through any lawful means. In emergency situations, or where the conduct is an egregious threat to the safety of the public or the Council, a warning is not necessary before the sergeant -at -arms is directed to remove the person. (H) Public comment period. A limited forum for members of the public to speak with the Council is provided on each agenda. Public comments during the public comment period are subject to the following limitations: (1) Speakers must be recognized by the presiding officer before speaking and are limited to six minutes for comment; (2) When multiple speakers appear to speak on the same topic, coirnnents should not 12 (3) be repetitive. The presiding officer may request speakers to appoint a spokesperson; The presiding officer may place a time limit on the public comment period if necessary to allow for the conduct of city business. If there is not sufficient time at the meeting to hear all public comments, the comment period may be deferred to the next regular Council meeting or at a continued meeting; (4) Speakers must sign up prior to speaking and provide their naine, address, and a brief summary of the subject matter which they wish to address. The sign-up sheet will be available at the start of the City Council meeting; (5) Speakers must direct their remarks toward the presiding officer; (6) Speakers shall not use obscene, profane, ins-ulting, or threatening language, nor conduct themselves in a threatening, loud, or boisterous manner that disrupts the conduct of the meeting or the security of the public; Speakers are required to follow the direction of the presiding officer; and The Council will generally not respond at the same meeting where an issue is initially raised by a member of the public. Generally, the matter will be referred to staff for further research and possible report or action at a future Council meeting. I re.s'oonds, not inkTrupt rintcrLIct until nubl corninc.nt ffe cc)ruolot,,xi, (7) (8) (1) Public Hearings. Public hearings are sometimes required by law to allow the public to offer input on Council decisions. Unlike public comment periods, public hearings allow the public to speak on a matter currently before the Council. When public hearings are required by law, notice shall be provided as required by state statute. Public hearings shall be commenced at the time advertised in any notice required by law. (1) General procedure for public hearings. The order of business for all public hearings conducted by the Council shall be: (a) Opening comments by the presiding officer announcing the purpose of the public hearing; (b) The presiding officer opens the public hearing portion of the meeting; (c) Staff presentation, if any (i.e. administrator/clerk, attorney, engineer etc.); (d) Developer/other presentation, if any; (e) Public comment (all individual comments limited to six minute maximum); 13 (3) (f) The clerk/administrator shall make note of any submitted written testimony; and (g) The presiding officer formally closes the public hearing portion of the meeting. Speakers who wish to address the Council at a public hearing must follow the same rules as contained herein for public comment periods. The presiding officer may allow more time, where appropriate. Speakers may also provide written comments to the Council before or at the meeting. Written comments shall be noted and provided to the Council and to anyone else as required by law. 4) The presiding officer may continue the hearing, if necessary, following the procedures for continuing a meeting contained in this Section. not inupt (v: § 31.05 VOTING. (A) The votes of the Council will be taken by voice or hand vote. The presiding officer shall announce the results of all votes of the Council. (B) A clear statement of the matter being voted upon and the names of those voting for and against the matter shall be recorded in the official minutes. (C) The presiding officer may ask for a roll call vote to be conducted by the clerk/administrator on any motion of resolution. (D) The clerk/administrator may ask for a verification roll call if the vote of a Council member is not clear on the voice vote. (E) A majority vote of the quorum present shall be sufficient for all matters before the Council, unless otherwise provided by law. (F) Any Council member may abstain from voting for any reason. (G) lf any Council member is present but does not vote, the minutes, as to his or her name, shall be marked "Present -Not Voting." § 31.06 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, PROCLAMATIONS AND COMMUNICATIONS. (A) Signing and publication proof Every ordinance and resolution passed by the Council 14 shall be in writing and signed by the Mayor, attested by the clerk, and filed by the clerk in the ordinance or resolution book. Unless otherwise provided by law, no ordinance shall require more than one reading and all ordinances shall be adopted by a majority vote of Council members present at the Council meeting. Proof of publication of every ordinance shall be attached and filed with the ordinance. (B) Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part shall set forth in full each amended section or subdivision as it will read with the amendment. (C) Mayoral and city proclamations. Except as otherwise provided by law, all mayoral and city proclamations recognizing events, persons, and official observances shall be adopted by a majority of the Council members present and voting at the meeting where such proclamation is presented for adoption. (D) Seating assignments. Council members shall occupy the chairs assigned to them by the presiding officer, but two Council members may exchange seats by joining in a fonnal request to the presiding officer to do so. § 31.07 SUSPENSION OR AMENDMENT OF RULES. The rules of procedure applicable to Council meetings may be suspended or amended by 2/3rds vote of the Council members present and voting, provided that such action is not in violation of state statutes. § 31.08 SALARIES OF MAYOR AND COUNCIL MEMBERS. The Mayor and Council members shall be paid salaries as determined from time to time by the Council and set by ordinance. An ordinance establishing Council salaries shall be adopted before a regular city election and shall not be effective until January 1 following such election. § 31.09 PAYMENT OF SALARIES. The salaries provided by §§ 31.01et seq. shall be paid semi-annually, or more frequently, as directed by the Council. § 31.10 COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS. (A) Establishment of Board of Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section: (1) The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an 15 administrative officer in the enforcement of the zoning code; and (2) The appeal shall be filed within 5 business days from the date that the decision, order, requirement, or determination is made and shall state: (a) The particular decision, order, requirement, or determination from which the appeal is taken; (b) The name and address of the appellant; (c) The grounds for the appeal; and (d) The relief requested by the appellant. (B) Effect of:appeal An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken, certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. (C) ,4 uthority of the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit. (D) Heal -big procedures. (1) The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. (2) The Zoning Administrator shall notify the appellant or applicant, the Chairperson of the Planning Commission, the Building Official, the abutting property owners, and in the case of an appeal the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least I 0 days preceding the date of the hearing. (E) Record offindings. (1) The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant. (2) A certified copy of any order issued by the Board of Adjustment and Appeals 16 acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator. (F) Decision; appeals. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed for an appropriate remedy in district court as provided by law. § 31.11 TERMS OF OFFICE. (A) Council Members. Two Council members shall be elected for four-year terms at each biannual election. (B) Mayor. The Mayor shall be elected for a four-year term commencing with the regular municipal elections to be held in 2008. The first four-year mayoral term shall commence on January 1, 2009. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Ehno. SECTION 3. Adoption Date. This Ordinance No. 08-150 was adopted on this day of August, 2016, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk This Ordinance 08-150 was published on the day of , 2016. 17 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2016-69 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-150 BY TITLE AND SUMMARY WFIEREAS, the City Council of the City of Lake Ehno has adopted Ordinance No. 08-150, an ordinance amending the City Code of Ordinances by amending the City's provisions related to the City Council; and WHEREAS, the Ordinance is 17 pages in length; and WHEREAS, Minnesota Statutes Section 412.191, subdivision 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; and 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. 08-150 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. 08-150, which amends certain provisions of Chapter 31 of the City Code. The Ordinance amends the order of business at regular meetings, agenda procedures and Council response to public comment. The full text of Ordinance No. 08-150 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 copy be placed for public inspection at the Lake Elmo Public Libraiy. Dated: August 16, 2016. ATTEST: Julie Johnson, City Clerk Resolution 2016-69 4847230 SJS LA515-I Mike Pearson, Mayor Page 1 of 2 (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution 2016-69 0-1723 v1 SJS LA515-1 Page 2 of 2 STAFF REPORT DATE: August 16, 2016 REGULAR ITEM #: 26 MOTION TO: Mayor and Council FROM: Kristina Handt, City Administrator AGENDA ITEM: No -Wake high water elevation level for Lake Demontreville and Olson BACKGROUND: Included in your packet is a letter from Roger Johnson to the Environmental Committee in May 2016. Mr. Johnson sent this letter to me. It has not been sent to the Environmental Committee because the Council already had the issue of changing the no wake level before them at the February 24, 2015 meeting. Consistent with this Council's practice and Roberts Rules of Order, if an item has already been decided it may only be brought back by two members having voted on the prevailing side. At the February 24, 2015 meeting the following motion was made and failed: MOTION: Council Member Bloyer moved TO CALL FOR PUBLIC HEARING ON DATE UNCERTAIN. Mayor Pearson seconded the motion. MOTION FAILED 0-5. Since all five members were on the prevailing side, any two members of the Council can bring this item back up. ['ve included in the packet the staff report from the February 24, 2015 meeting as background. If this item is referred to the Environmental Committee additional attachments and history will be provided to them. ISSUE BEFORE COUNCIL: Should the Council refer this matter to the Environmental Committee for review? Should an outside consultant be used to provide a study as first proposed by the DNR in 2015? PROPOSAL DETAILS: Council members Lundgren and Smith requested to have this item on the agenda for the purposes of discussion and possible referral to the Environmental Committee. Council member Smith has also expressed interest in having an expert do a study of the lakes to help determine the appropriate level. FISCAL IMPACT: Costs for an expert to complete a study are unknown at this time. Further research on that could be completed while the Environmental Committee reviews the issue. OPTIONS: 1) Refer the review of the no wake threshold for Olson Lake and Lake Demontreville to the Environmental Committee 2) Authorize staff to obtain quotes for a study 3) Keep the no wake levels at 929.7 feet RECOMMENDATION: Recommendation of Council Member Lundgren is to refer to the Environmental Committee Motion to refer the No -Wake high water elevation level for Lake Demontreville and Olson to the Environmental Committee |akeDeONQntreV'U8 & O|s[>O Association ,.,preserve, protect, and improve water and shoreline health May 24,20I6 Environmental Committee City ofLake Elmo 3DOOLaverne Avenue North Lake Elmo, Minnesota 55042 Re: No -Wake ordinance for Lake Demontreville & Olson Dear Environmental Committee Members: The Lake Demontreville & Olson Association (LDO) is a non-profit organization comprised of the vast majority ufLake DemontrevU|eand Olson shoreline property owners. The Association would like your assistance in addressing an important environmental issue that affects Lake Demontreville and Olson property owners as well as Lake Elmo residents and non-residents who use the public access to Lake DemnntreviUeand Olson for their enjoyment. When the two lakes experience high water levels, the shorelines are particularly vulnerable tnsevere erosion from the wakes generated bymotorized watercraft. This erosion isdetrimental tushoreline properties, water quality, fish, and natural plants that inhabit the lakes and shore. These detrimental impacts of motorized watercraft have been documented by numerous studies, visual observation, and ofcourse, simple common sense. When high water levels occur, generally due tuextreme winter snowfall orspring rainfall, the City cf Lake Elmo has the authority to impose o "No -Wake" rule, when motorized watercraft are restricted to slow speeds until water levels return tonormal levels that are not assensitive toshoreline erosion. It is the City of Lake Elmo that sets this rule, not the Minnesota Department of Natural Resources (DNR) or any other governmental body. Many communities use the DNR'sOfficial High Watermark (OHVV)asthe benchmark for determining when aNo-Wake rule should beimposed. The DNR has determined the OHM for Lake Demontreville & Olson to be at elevation 929.3 feet, Until 28l4,this was the benchmark for determining when the City of Lake Elmo would impose a No -Wake rule toprotect the lakes. |n20l3,the then seated City Council raised the No -Wake threshold to9Z97 feet ... contrary to the preferences of 85% of the shoreline property owners . The LDOAssociation hasbeenthestexwandofthese|akesformanyyean. VVeare very concerned about the long range health of the lakes. VVetherefore would like you toconsider this issue and recommend that the City Council return the No -Wake threshold to the DNR set OHW level of 929.3 feet. Our board and membership are available to discuss this request in further detail at your convenience. Thank you for your consideration, Roger]ohnson'P/esident Lake DemuntrevUeOlson Association 8O48Hill Trail North, Lake Elmo, MNS504Q Te|e:6Sl'777-7766 [c: LECity Administrator LIDO Board Members: TenyLizakowsW Fr. PatK1c[orke|| L)nkLmvey Mark Peterson Nick Linsmayer RonGdtzmaker Gary Fields Charles Shultz Jill Lundgren Gerald Goracki TI11 1 IY \NE ELMO AY0 COU CILCO U CATION DATE: February 24, 2015 REGULAR ITEM #: 19 AGENDA ITEM: Proposed Ordinance Amending 97.21 Watercraft and Water Surface Regulations SUBMITTED BY: Dean Zuleger, City Administrator at the request of Council Member Justin Bloyer THROUGH: Mayor Mike Pearson REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item. City Administrator Administrator Questions from Council to Staff Mayor Facilitates Public Comment Mayor Facilitates - Call for Motion. Mayor & City Council Discussion . Mayor & City Council Action on Motion . Mayor Faci 1 itates SUMMARY AND ACTION REQUESTED: To approve amendments to City Ordinances regulating watercraft regulations (ss 97.21 (2) ), to lower the no wake level on Olson Lake and Lake Demontreville from a negotiated 929.7 to the recognized MNDNR Ordinary High Water level of 929.3. FISCAL IMPACT TO CITY: TBD. Cost of study to determine the ecological / economic impacts that provide a "credible reason" for reducing the negotiated no wake level of 929.7 to the MNDNR OHW of 929.3 BACKGROUND INFORMATION.: In 2013, the City of Lake Ehno amended its City Ordinances regulating water craft and water surface regulations and submitted the changes to the MNDNR, which approved the ordinance on July 3, 2014. (See Attached Ordinance) STAFF REPORT: In 2007, the VBWD constructed Project 1007, that placed a weir drain in Olson Lake that draM to a series of ponds and pipes to alleviate high water levels and prevent ecological / economic impact. Prior to 2007, the MNDNR Ordinary High Water Level for this lake system was 930.0. After the weir was constructed, the Ordinary High Water level was reset at 929.3. The Ordinary High Water Level is generally considered the level were terrestrial plants meet the aquatic plant level on a lake shore (see attached diagram). In a -- page 1 -- City Council Meeting (Regular Agenda Item #17) February 24, 2015 plurality of lakes researched over the last three years that have some form of no wake restriction, there is no standard or formulaic way to establish a no wake level, but admittedly many lakes default to the OHW for uniformity purpose. In conversations with MNDNR staff there seems to be little objection to using the OHW as a no wake trigger. During the summer of 2011, the Olson/Demontreville lake complex experienced high waters that caused the City Council to construct an emergency no wake level of 929.7 using a simple formula of halving the pre-2007 OHW and the post-2007 OHW. The issue was fraught with emotion due to the expediency in which the issue was handled. In the winter of 2012, staff worked with the MNDNR to craft an ordinance that would meet with all party's approval to establish a negotiated no wake level of 929.7 on Olsen Lake and Lake Demontreville. Specifically, MNDNR did not want to specify a specific elevation level for no wake imposition on Lake Olson and Lake Demontreville and they wished to make the City Code consistent with MN Statute 86 — governing motorized water craft operation. After several months of MNDNR review and text changes, staff brought a draft ordinance to the City Council for their review on June 5, 2012. At this time several lake shore residents expressed their dislike for the draft as they felt that the statutory nonning that took place defeated the intent and purpose of the ordinance. It was agreed that the City Administrator and members of the Tri-Lakes association would meet with MNDNR officials to discuss specific concerns about lake elevation levels and a provision of state statutes that creates a slow, no wake speed for personal watercraft within 150 feet of shoreline. A delegation from Lake Elmo consisting of Mayor Dean Johnston, Administrator Dean Zuleger, Tri- Lakes President Justin Bloyer and Lake Olson Association President Roger Johnson met with MNDNR' s Kim Elverum, Boat & Water Safety Coordinator, to broker a compromise and clarify whether MN Statute 86 had preemption over local ordinances. At this meeting, it was agreed that if MNDNR technical staff agreed to the specific lake level definition of 929.7, the ordinance passed in July 2011 could stand pennanently. The City Administrator spoke with MDNR technical staff (Schodeen) who had no objections to a pre -determined no wake level of 929.7. Appropriate changes were made to the ordinance and were reviewed by Mr. Roger Johnson, Mr. Justin Bloyer and Mayor Dean Johnson for approval prior to final drafting. In July of 2012, the City of Lake Elmo and affected land owners residing on the shores of Lake Olson, Lake Demontreville and Lake Jane crafted an amendment to current city code that would regulate the use of three lakes in the area known as the Tri-Lake area of the City of Lake Elmo. After considerable debate, the parties reached a consensus on three main areas — with the item germane to this discussion being: I. A slow, no wake speed condition be set if the lake level of 929.7 feet above sea level is exceeded for five consecutive days for Lake Olson and Lake Demontreville; The City Council adopted these changes in July 2012, but the issue has been continually fraught with anxiety as lakeshore owners wrestle with the important issues regarding, what is essentially, their backyard. Efforts over the years to determine the appropriate wake related use (especially time restrictions) have resulted in neighborhood surveys, long deliberations by the respective homeowner's associations, and exploration of additional changes that include but are not limited to eliminating wake on the lakes altogether. In the March of 2013, two City Council Members requested that the City's current lake use ordinances be modified yet again to create an expansion of use allowed under MNDNR statutes for the purpose of more -- page 2 -- City Council Meeting (Regular Agenda Item #I7) February 24, 2015 hours for wake creation a better ability to enforce proper use, and to allow additional time for lakeshore owners to use their "backyard" before the lakes are congested via use by the general public. The request came late at the March 5`11City Council Meeting. In May 2013, a lengthy public hearing was held on the changes where a 5-0 vote was taken by the City Council to change the ordinance. City Staff prepared the ordinance with corroborating data and submitted the ordinance for MNDNR review. After several modifications to comply with MNDNR regulations were made, the MNDNR (July 2, 2013 — see attached) approved the ordinance (see attached) for implementation. During this time a no wake restriction was placed on Olsen Lake & Lake Demontreville for one week in the spirit of the understanding between the negotiating no wake level. In the Spring / Summer 2014, due to large spring rains and the drainage of Long Lake, Olson Lake and Lake Demontreville exceeded the negotiated no wake level of 929.7 for a two different time periods that totaled 31 days with City staff checking the water level almost every day from May 1st to July 14w. (See attached Olson / Tri Lakes Level Data). Staff observed during this review period that the weir begins to strenuously drain the lake and pump into an adjoining pond at the MNDNR OHW of 929.3. On February 12, 2015, at a Council Member's request, the City Administrator inquired of Mr. Stan Linnell, MNDNR Boating and Water Safety Manager, about what would be needed to reduce the no wake level on Olson Lake and Lake Demontreville from the negotiated 929.7 to the MNDNR OHW level of 929.3. Mr. Linnell noted that the MDNR would ideally need to see "data of ecological / environmental impact" before they would consider a change and that data should come in a form of a study. The City Administrator has inquired with two water resource consulting firms on the "what and how" the gathering of this data would entail and what the cost might be. As of the writing of this inemo, no cost information has been received at this time. On February 19, 2015, Mr. Linnell, noted (after conversations with members of the City Council, VBWD, and citizen advocates) that while ideally a study would be preferable, the MNDNR would need to minimally see a "credible, documented reason" to reduce the level. (See Linnell Email 2-19-2015). Per the MNDNR, a formal public hearing is requested to provide public comment on the proposed change in elevation. The soonest a public hearing could be held is March 17, 2015. ORDINANCE CONSTRUCTION If the Council pleases, the ordinance would change to read as followed: (2) High water conditions. No person shall operate any motorboat at greater than a slow, no -wake speed as defined by M.S. § 86B.005 whenever the lake level of Lakes Olson and Demontreville is above 929.3 feet above sea level (MSL), the Ordinary High Water Level (OHWL) as defined by M.S. 103G.005 and set by the MN Department of Natural Resources. This restriction will remain in effect until the water level drops below 929.3 feet the OHWL as set by the MN Department of Natural Resources, and remains there for 3 consecutive days. KEY ISSUES During the course of the analysis, three main issues rise to the top of consideration: -- page 3 -- City Council Meeting (Regular Agenda Item #17) February 24, 2015 1. The weir constructed by the Valley Branch Water Shed District in 2007 begins to aggressively drain the lake at the MNDNR OHW of 929.3 (observable by staff over the last two summers); 2. The City has not experienced a full normal season of boat use since the enactment of the 2013 ordinance change — with 2014 high water levels being compounded by a plugged drain pipe upstream at Long Lake; 3. It appears the MNDNR may request additional ecological / economic data that shows positive impact of lowering the no wake from 929.7 to 929.3. This data has been categorized as "a credible, reason" to make the change. Other than third party information on 2014 damage the City does not have a way to provide that "reason" at this time. RECOMMENDATION: Based upon the background information, a review of key issues, discussion with MNDNR staff, discussion with lake shore owners, staff does not have a recommendation at this time without more information (a normal season of operation and study of the water level effect on terrestrial plants/shore erosion) on the impacts of the level change. However, if the Council wishes to change the level to the MNDNR OHW to create a formulaic approach to no wake enforcement, the motion would read: "Move to call for a public hearing on March 17, 2015, to receive public comment on whether to amend 97.21 of the City Code regulating watercraft and vater surface regulations to technically change the no wake level on Olson Lake and Lake Demontreville from the negotiated level of 929.7 to the 11INDNR OHW of 929.3 with all other ordinance language staying intact." ATTACHMENTS: Current Ordinance MNDNR Approval Lake Level Report OHW Technical Drawing Linnell Email of 2-17-2015 -- page 4 -- Lnk8De00oOtreV'Ue & Olson Association .,.preserve, protect, and improve water and shoreline health Environmental Committee City ofLake Elmo 3&UOLaverne Avenue North Lake Elmo, Minnesota 55042 Re: No -Wake ordinance for Lake Demontreville & Olson Dear Environmental Committee Members: The Lake Demontreville & Olson Association (LDO) is a non-profit organization comprised of the vast majority ofLake DemontreviUeand Olson shoreline property owners. The Association would like your assistance in addressing an important environmental issue that affects Lake Demontreville and Olson property owners as well as Lake Elmo residents and non-residents who use the public access to Lake Demnr¢rcviUeand Olson for their enjoyment. When the two lakes experience high water levels, the shorelines are particularly vulnerable to severe erosion from the wakes generated bymotorized watercraft. This erosion bdetrimental toshoreline properties, water quality, fish, and natural plants that inhabit the lakes and shore. These detrimental impacts of motorized watercraft have been documented by numerous studies, visual observation, and ofcourse, simple common sense. When high water levels occur, generally due toextreme winter snowfall orsphn8einfa|Lthe[hyof Lake Elmo has the authority iuimpose a^Nn'VVake"rule, when motorized watercraft are restricted to slow speeds until water levels return tonormal levels that are not assensitive toshoreline erosion. It is the City of Lake Elmo that sets this rule, not the Minnesota Department of Natural Resources (DNK) or any other governmental body. Many communities use the DNR's OM\da| High Watermark (OHVV) as the benchmark for determining when aNo-Wake rule should beimposed. The DNRhas determined the OHM for Lake DemontreviUe&Olson tobe atelevation 9Z93feet. Until 2014, this was the benchmark for determining when the City of Lake Elmo would impose a No -Wake rule toprotect the lakes. |nI0l3,the then seated City Council raised the No -Wake threshold to9297 feet ... contrary to the preferences of 85% of the shoreline property owners . The U]OAssociation has been the steward ofthese lakes for many years. VVeare very concerned about the long range health ufthe lakes. VVetherefore would like you toconsider this issue and recommend that the City Council return the No -Wake threshold to the DNR set OHW level of 929.3 feet. Our board and membership are available to discuss this request in further detail at your convenience. Thank you for your consideration, Roger Johnson, President Lake DemontveviUeOlson Association 804OHill Trail North, Lake Elmo, MNSS042 Te|e:6S1'777-7766 [c: LECity Administrator LIDO Board Members: Terry Lizakowski Fr. Pat K8c[orkeU Link Lavey Mark Peterson Nick Linsmayer Ron Gritzmaker Gary Fields Charles Shultz Jill Lundgren GeraNGuracki Healthy Shorelines So What's the Problem? There are many shorelines where the banks were long ago stripped of the native plant community, including trees and shrubs, and converted to turigrass-type lawns. The loss alibis vegetation encourages soil erosion and nutrients to flow directly to the lake. As these practices spread around a lake, there are fewer areas left to treat runoff water and provide habitat. Studies of Minnesota lakes have shown that the removal of natural vegetation near the shoreline reduces the amount of habitat available to songbirds and amphibians and reduces fish -nesting. Many of these problems could be prevented or minimized itan area of native plants is maintained or restored. Shoreland ordinances allow a limited number of trees and shrubs to be cleared to accommodate stairways and access paths. However, the applicable standard for such removal is that the screening of structures. vehicles or other facilities as viewed from the water may not be substantially. reduced. Dead or diseased vegetation can be removed although they may be important for songbirds and other wildlife. Invasive species can he an overwhelming problem both 011 the shore and in the water. The local zoning office or DNR area hydrologist should be contacted for guidance bethre proceeding with any lakeshore alterations or removal of live vegetation. What Can You Do? • Protect the health of the vegetation growing on your properly. • Invasive species tend to spread rapidly. Learn to identify the most common invasive species. Invasives should he removed, but replanting native species may be needed to protect shorelines from erosion. • USC herbicides that arc labeled for an aquatic site or use a more precise method of application like a wick applicator or a cotton glove over the top of a chentical resistant glove to apply the product only to those plants you want to control. • Leave vegetation in place to screen stmctures, vehicles or other facilities as viewed from the water. • Consider leaving dead or diseased vegetation in place as they may he important for songbirds an other wildlife. • Most importantly, leave an area of native plants between the house and the shoreline area. Limit thc removal of trees and shrubs. • If you have been mowing near the shoreline. simply discontinue that practice to allow growth and replant with native flowers. shrubs or trees, of native plants or restore Contact the local Soil and Water Conservation District, DNR area hydrologist or your county zoning office to get assistance, There are also a number of books and "on-line tools" (Restore Your Show ,Itt,TY...'.,-,v‘,-,,--x.dro-,::tat:),-mi.u;;!vor,y,-oky'siy.'qc/ip.- de:drtini and Soon: )niu Shore lit4Y1 \vvvv, -&')U1'5[101%.'.1:111&.,J111)1) and other literature available to help you support shorelines that promote healthy lakes and streams and the biotic communities that depend on them. Glossary of Terms war( ia),,,] and on(^,1.7,,,f7 thc strucifirQ Iccd frrt.d lw 1(1) of a NWT tHtri 11,,To,1 ill. it irlo.,;r0,,prcd I vegeral ahs,,r1x1,1 it) sod, or cvaporAtckt IrRH: Ind dcptviori, in Shore Impact Zone: land tocalaal bco,vccn Bluff Impact Zone: Hurl and LInd Steep Slopes: 1:tncl Runoff: s11,.)1Viil li,\vhjc.11 IS iry.ct t.1"1 nd Surf:',1("c h :,1:VcAtyl,:, DNR Contact Information ()NI? F,,,:-.olo)if,at Water website ?)nd crif Afe.allydrologrAs' 1,./tqR Waloe Rosoarc,os 50(11„af..iy(„Vie Road, Uox Paul, MN 55155 051 2b;,-,L51(1(i nthill/it/Mal 0 1'(11'41110b1e 111 (III Olt 1VillI1V. 2012 SIio. of Minnesota.. Department of Natural Itesourcei, Healthy Shorelines, February 2012 DNR Information Center Twin cant.•,: (n51)29(0,157 minne,:oial 14 free: 1--SX-7i46-6307 ielecommuniemimi device kir Me loll rtce: 1-800-057-192(1 290-5,4N-1 iiipporitinilV to palUV:Mak" tald benefit prograllis 'lite NIIilliesoti l)epI1el ni Nti,il i<C'S(IIIIVCS IS :11'Ji1.il7ic vegardicss 01 r;R:LA,, 01101, S0\11;t1 nhirir,11 s(;tiw„ skims ‘‘, In pINtI7. ssls1llhe. iee,(.)1" intitiirie. senl I() rviiiineolzi DNR, 51.0 1..af'awne RnA(L •;L Paul. 55 I :;3--1(144).; ipportunity Office, DeporOnoll a the Imerior, NVashim.,itim. DC '02:11), Page 2 of Healthy Shorelines What is a Healthy Shoreline? A healthy shoreline supports a diverse community offish and wildlife by providing native vegetation that fulfills their habitat needs where land and water meet. Native vegetation provides important water quality functions by slowing and filtering water runoff as it moves to the lake or stream. Shorelines with a diverse mixture of native plants extending inland as well as offshore of the hank are more resilient to wave and ice erosion. Our lakes, streams and wetlands need healthy shorelines to reduce runoff, filter pollutants, and provide important habitat functions that benefit fish and wildlife. ,t4 shore impact zone Vegetation Management in Shoreland Areas The protection of natural vegetation in shoreland areas, especially along lakes and streambanks, is criticai to maintaining water quality and wildlife habitat. Good shoreland management requires the protection of natural vegetation in shore impact zones, steep slopes and bluff areas. Shoreland vegetation (native trees, shrubs, forbs, grasses) provides numerous ecological benefits including: • Minimizes the erosive impact of raindrops • Holds soils and limits soil erosion from surface runoff, which is important since high velocity or concentrated runoff volumes can readily erode soils • Removes nutrients in runoff which would degrade water quality • Binds and strengthens the soil column with deep, dense roots which prevent and reduce the likelihood of bank or slope failure • Provides diverse fish and wildlife habitat • Provides privacy and helps screen shoreland development • Provides natural and aesthetic views • Reduces erosion by protecting the banks against wave energy What is a Shore Impact Zone? The ShCre irnpact zone is land located between the waterbody and one -hair of 870 S,i1LICLUre setback This concept was created in the 1989 shoreland standards to maintain existing buffers, limit the number of buildings placed in close proximity to the water, reduce soil erosion caused by construction or vegetation removal, and preserve aesthetic values, it serves to buffer the water from more intensive land uses. A proliferation of accessory structures (boathouses, fish houses, sheds, etc.) clutters shores and displaces natural vegetation. Moreover, construction near the shoreline brings grading and filling activities and increases erosion. In order to protect shoreland soils, vegetation and aesthetics, the Shore Impact Zone was designated to protect important amenities of the lake while still allowing, for access to the waterbody. ,crItlo- Shorelines. February 2012 Page 1 of 2 If you have considered all of the conditions above and you think adding beach sand or gravel will work for your shoreline, you may install a beach blanket without an individual permit if the installation meets all of the following conditions: • The sand or gravel layer may be up to 6 inches thick; upio,..50 feet4ide along the shoreline or one-half the width of the lot. whichever is less; and up to 10 feet waterward of the'Ordinary high-water level (OHWL; see sidebar on page I ). • The beach blanket does not cover emergent aquatic vegetation, unless authorized by an aquatic plant management permit (contact your local DNR Fisheries office). • The sand or gravel is clean and washed so that it is free of fine particles. • Local watershed district and local zoning officials are given at least 7 days' notice by the landowner. • No plant barrier or liner filter fabric or plastic.) is installed underneath your beach sand. Installation of sand and gravel may be repeated once at the same location but may not exceed the amount of sand and dimensions of the original sand blanket. lr.2012 Slaw of Minnesota. T)eparmient olNatural Resources. Prepared by DNR 'Ecological and Water Resources. Based on Minnesota Statutes 103a Public Waters Work' Permit Program Rules Chapter 61 15. Another example of a beach blanket is pictured above. The plan view of a diagram (right) shows dimensions of a beach blanket surrounded by vegetation with a path to the sand area. DNR Contact Information 1 tNIt. reological and Water Resources ‘velisite and a lisoint Ate1 fydiologists I )NU reological and Water Rem itii ces 500 I ala', cite Road, litis 32 St 1'ml], MN 55155 (651) 259-51011 For intOrmation about aquatic plant management permits: DNR Information Center 296 11111 IRV'. 1 5t'8 b lb (1(7 TrIct (A111111111114:a111,11 110., C. 14,1' 111C 1,1‘',11 ;11)1)) ,,(1311 2'06 184 T1 )1 ) bpi! cc: 1 8i WI 65— '029 thick OHWL° tr, 10 Based an an illustration by Roxanna Espavza. .7/1 irali 1;,Imr2 r.or • l(ititlI,11porttlinly pai III :1111,1 11,411 1,11 /)„,r3111:•• blY,111111(111 ',IV,i11.31,,h• Cer,if411c1. fa& i)11.4, WM11.11,11 .11.1p,1111, \ 11-.11 01111W111(ill, 11=1;l11L11143111,, \VI(11 ft•y,A11.,1 rr 111111114, )1s4.rmillimv,11 :•,11(rttiti IN. Alit 3( Milsocmoa I a larriii• Paul. N1N S511 (0-19gor tin lrjrlalt. ;ppm molly t )1111.c, I Illt'111 Olt'Iiirt,i, Wasdimpri ..202.10. Shoreline Alterations: Beach Blanket/revised October 2012 Page 2 of 2 , � ` Minnesota Pollution um*m Agency IS AN INDIVIDUAL PERMIT REQUIRED? For most projectsconstructed he/on'the ordinary high-water level* (OH\Vi)o[ public waters audetermined by dhuMin- nosnm Department o/Natural Resources (DW0. on individual permit is required from the DNR. Bcuch blunket excelvioxwAli individual permit hnmthe DNK isnot required for beach sand or gravel placement if tile conditions outlined inthis information sheeL are followed. U'ynuhave questions concerning die contents m[thixinformation sheet, contact your local DNKArea Hydrologist, See contact information onreverse side. DNR jurisdiction extends waterward range of mg fluctuation varies from take to lake ,'^~__'-,''-_ level record high , water level cattail, bulrush, and other aquatic vegetation Shoreline cross section ARE OTHER PERMITS REQUIRED? Other governmental units (federal, state, city, county, township, and watershed uuthoriry) may require a permit for that portion of the project within their'uriodic- don,which usually involves work above the OHWL. It is advisable to contact them. 1Fo,likes mW"ulanJs.UooHxl.isthe hi�px ^md,,mkm/hathusbe,�nmai/xaincd,om}cave ON'idellCc Oil dic landscape, It is commonlydw LercoUrSCS, the (A IWL is the iop OF the bank ofthe pool - Willa sand beach work on my shoreline? One goal nfDNK Ecological and Waters Resources ism|imitunnecessary and potentially damaging alterations to shorelines. Specifically, use of beach sand and other types of fill in limited in order to prevent damage lo fish spawning u,nux, aquatic habitat, and water quality ofMinnesota's lakes. Although natural sand beaches can hefound on many Minnesota lake - shores, landowners often attempt k`create them nnshores where they do not naturally occur (i.e,, a muddy -bottom lake). If you are considering adding ubeach blanket, you should know xfew important things before investing your money. ° Beach material that erodes into the lake may coat aquatic plant beds and fish spawning grounds, degrading fish and wildlife habitat and damaging the water quality ofyour lake. ° Beach material must hcclean and washed firecm[fine particles and must bcofthe appropriate grain size (coarse sand or larger) to stay in place Linder wave action. Placed mu\criu| that migrates from your site may constitute uviolation ofwater quality standards. To further minimize the risk ofyour beach migrating away from the site, maintain aquatic vegetation onboth sides ofIourbeach, like inthe diu�runuonpage two. ~ The |akchcdmust bocapable mfholding beach material inplace, |fthe lake hmUoou iosoft, the sand orgravel will only sink into the muck and disappear. ° You are only allowed to install sand orgravel twice in (bexunne location without upermit. ~ Vegetation will constantly cmorgcthrough the beach material, and additional plant control will be needed on the beach. If you plan |uweed hvhand nrapply hcrhic)dc,anaquatic plant manage- ment pennitmuyhercquircd from the DNF< DivisionmfFidhehex. ~ Wouoh blankets may not be placed over emergent vegetation such as bulrush or cattails unless you obtain apermit from the Division of Fisheries. Keep in mind that you are not allowed in install any plant barrier or liner (e.-_ -filter fabric or plastic) underneath your constructed beach. If owning |ukcxhorcproperty with usandy beach isahigh priority for you, look for |akcohorc property where sandy beaches occur naturally before you make that important purchase. -- �����`�� � ' Beach blanket at shoreline, Julie Johnson I III I 4 I 1. 41 Subject: FW: Lake level From: Bonnie Weisbrod <biweisbrod(ibyahoo.com> Date: August 16, 2016 at 12:57:10 PM CDT To: Justin <iwblovcr(aol.com>, "ftlitlealakeelmo.org" <iflifletP,lakeelmo.org>, "jlundgren(aiakeelmo.org" <ilundgren(i-dakeelmo.org>, <anneisrnithmsn.com> Cc: Carrie Berg <carrieberizacomcastnet>, Dave Brenda Jo Carlson <bdbsewzone0aol.com>, Dan Weisbrod <danweisbrod(mail.com>, Emily Walter <emilvwalterann(iigrnail.com>, Elizabeth Johnson <liziohnson1995((44mail.com> Subject: Lake level Reply -To: Bonnie Weisbrod <biweisbrod(i4ahoo.com> To Whom It May Concern: In regard to the No -Wake high water elevation level for Lake Demontreville and Olson. Please note that I am not in favor of changing the no -wake threshold from 929.3 to 929.7 feet. 1 have lived on Lake Olson for 39 years and have had no erosion problems. We left plenty of shore to allow the ebb and flow of the water levels to fluctuate as nature intends. It saddens me that there is such discord in our community over such issues. I encourage those, who are always stirring up conflict, to stop trying to manipulate and control what they think is best and be thankful for such a beautiful area that we are privileged to live in and enjoy the lakes at the present elevation level. I have been a member of the Lake Demontreville Olson Association for as long as I have lived in this area and was unaware that the President had sent a letter requesting this change. 1 truly believe he is in the minority regarding this issue. Best Regards, Bonnie Weisbrod 8111 Hill Trail N. Lake Elmo, MN 55042 p.s. Please feel free to read this letter at the City Council meeting or forward it to any persons who are interested in this subject. This isalso anunenforceable restriction! Are mmgoing topay tohave water safety patrol onour lakes every day to enforce this rule? Does the rest of Lake Elmo approve of tax dollars going topay for this restriction atthe expense ofthe whole city? Uovvehave the money tobudget this expense? As a homeowner on Lake Demontreville for the last 29 years, I have enjoyed with my husband, children and grand children the many recreational activities that are available. The health nfthe lake has remained constant through the Z9years | have lived here. VVewere aCLASS Alake inl987and vveare a CLASS Alake in2Ol6, Nothing has changed. K4ybeach isbasically the same aswhen vvemoved here. The damage that has occurred in our neighborhood is not from imagined or made up erosion. It is from this small group that is determined to restrict our lakes from the enjoyment for all to just a few. This issue has pitted neighbor against neighbor. Time passes, neighbors forget about itand then another letter requesting more restrictions. How many letters have been generated from the LD(]/Rpge,Johnson requesting some type ofrestriction since 2Dll? | want nnyneighborhood back where neighbor helps neighbor, wclook out for each other. Please drop this nuisance request for yet anotherstud«/commi1tee. VVeneed toheal asaneighborhood and stop stirring the pot. You have far more important issues on hand than to set another unenforceable rule that cannot and will not be enforced. That will lead toamore disruptive neighborhood, nnyneighborhood! | hope tocontinue toenjoy this diverse resource inmany years to come. Please donot restrict our resources for the benefit ofafew, Our lake isajoy tothe people that live here aswell asthe many who visit. Let itremain for all toenjoy andshanethisbeautifu|natura|resnurce. Oonot lower the no -wake elevation level. Thank you. Debbie Dean 8/16/2016 Julie Johnson Subject: FW: Lake level From: Bonnie Weisbrod <biweisbrod(i),vahoo.com> Date: August 16, 2016 at 12:57:10 PM CDT To: Justin <iwbloveraaol.com>, "jflifletalakeelmo.org" <iflitlet@lakeelmo.org>, "ilundgren(alakeelmo.org" <ilundgrenalakeelmo.org>, <anneismithamsn.corn> Cc: Carrie Berg <carrieberg(comcast.net>, Dave Brenda Jo Carlson <bdbsewzonerdAol.corn>, Dan Weisbrod <danweisbrodgrnail.com>, Emily Walter <ernilvwalterann0),gmail.com>, Elizabeth Johnson <liziohnson1995(ii),grnail.com> Subject: Lake level Reply -To: Bonnie Weisbrod <biweisbrokiiNahoo.com> To Whom It May Concern: In regard to the No -Wake high water elevation level for Lake Demontreville and Olson. Please note that I am not in favor of changing the no -wake threshold from 929.3 to 929.7 feet. have lived on Lake Olson for 39 years and have had no erosion problems. We left plenty of shore to allow the ebb and flow of the water levels to fluctuate as nature intends. It saddens me that there is such discord in our community over such issues. I encourage those, who are always stirring up conflict, to stop trying to manipulate and control what they think is best and be thankful for such a beautiful area that we are privileged to live in and enjoy the lakes at the present elevation level. I have been a member of the Lake Demontreville Olson Association for as long as I have lived in this area and was unaware that the President had sent a letter requesting this change. I truly believe he is in the minority regarding this issue. Best Regards, Bonnie Weisbrod 8111 Hill Trail N. Lake Elmo, MN 55042 p.s. Please feel free to read this letter at the City Council meeting or forward it to any persons who are interested in this subject. Kristina Handt 6,14.1.iliaidaliAlhowudkom owiu.i`'...4.11,...41,11,,a6AA6A.maewoldia44.41W614Wanwornii41A611A,M..14.4,064.4.11114dlimakamh11.1Almernio44411144m,,,i1,14/.4.1arnakia..444deuommWMIloadldki44161,1.64mmunmaioliwiuMummoako.M.64idUMMAllai From: Donald Butler <donandnan60@gmail,com> Sent: Tuesday, August 16, 2016 11:51 AM To: Mike Pearson; Justin Bloyer; Julie Fliflet; jlundgre@lakeelmo.org; annejsmith@msn.com Cc: Kristina Handt Subject: No -wake restrictions for Meeting Aug, 16, 2016 Please place this in public record under this agenda item. Dear Mayor and respected Council members, cc: administrator Handt I'm writing to you with great concern about the political agenda of the lake Demontreville Olson Association(LDO). Nancy and I were one of the first people to build on this lake and I was heavily involved in the I 007 project that constructed the weir to prevent Lake Jane homes from flooding. The weir created a situation whereas lake DeMontreville/Olson becomes a bounce lake, and is intended to hold water back and to let it out slower that it comes in. We have large elevation ups and downs every year. We should expect this. Homeowners should not have a boat house on the water or remove shore stabilizing materials. If they are having problems with erosion they may be creating their own problem. This proposed no wake/flood trigger will clearly limit wake making traffic for the majority of our summers at this proposed level of 929.3. It was not designed to have a flood trigger at this low level of 929.3. You can remove boards in the weir if you desire the lake to consistently be at a lower level, but to impart this no -wake restrictions on us without taking the dynamics of the weir into account is clearly a political agenda to remove boat traffic from our lake. This will without-a-doublt de -value my home for proper re -sale value. It will limit the amount of customers who will look at my property. And since I have no damage, I clearly see this as a political agenda of the LDO and a council member who serves on the board of the LDO-Jill Lundgren. Who also serves on the environmental committee. Roger Johnson and his representatives from LDO have never been to my house to petition or survey me about my opinion on the level of the lake and damage to my shoreline. I do not have damage on my lakeshore. My lakeshore has no improvements on it, therefore because it has been left alone nature is taking care of its shoreline. Nancy and I are strongly opposed to any further activity or agenda that reduces boat traffic and imparts further restrictions on these lakes. Respectfully, Don and Nancy Butler 8416 Hidden Bay Trail Lake Elmo, MN Julie Johnson Subject: FW: No wake level for Demontreville/Olson From: "Hoyum,Karl" <Kad.Bovum0aboicom> Date: August 16,ZQ1Gat4:l4:lOPMCDT To: "]wb|oyerPaoicom"^1vvb|ove,C@anicom> Subject: No wake level for Demontreville/Olson Dear Lake Elmo City Council, My family has lived on Lake Demontreville for over 5 years and we are members of the DennontreviUe/0|xonLake Association. We support the association's efforts tocontrol Eurasian Water Milfoil, but do not support the efforts to revisit the no wake level that is currently in place. The president and board of the association are not elected, and are not speaking on our behalf on this issue. In our opinion the current no wake level is appropriate, and continued efforts to unnecessarily modify lake rules are negatively impacting the lake community. Regards, Karl and Jean 8oyum 8US2Hill Trail North Lake Elmo, MN55042 Julie Johnson From: Mike Pearson Sent: Tuesday, August 18.20163:47PKJ To: Julie Johnson Subject: Fw: Lake Shore Issue on Agenda for Tonight doesnt'need itread but would like bentered into the record Mike Pearson Mayor City of Lake Elmo "Notice: E-mail correspondence to and from the city of Lake Elmo may be public data subject to the Minnesota Data Practices Act andlor may be disclosed to third " From: Dave SevveU<daveseweU@uwo|umnicVm> Sent: Tuesday, August 16,2O161:3SPM To: Mike Pearson; Justin Q|oyer;]u|ie F|iflet;]iU Lundgren; ann(jsnnith@msn-com [c/mcan1@comcast.net Subject: Lake Shore Issue on Agenda for Tonight Dear Lake Elmo City Council Members, I am writing on behalf of myself and my wife, Kristen, regarding item #26 on the agenda for tonight's (8/16/16) council meeting. Due tQthe length Vfthe agenda, | will beunable tnattend inperson tocomment publicly but I did want to share my thoughts as a lake shore owner on the lakes in question. The last time this item was brought uponFebruary Z41h,ZO15,noywife and Ihad only lived \nour house for 3 months. We were made aware of the issue from numerous neighbors who were concerned about the proposed change tothe NoWake water level t09Z9.3'. | spoke infavor ofleaving the NVWake trigger level the same (9I3.7')atthat meeting. / continue tosupport leaving the NoWake Trigger the same, at929.7' K0yopinion onthe subject has not change since the last meeting but my perspective on the challenges facing our lakes and our neighborhoods has. In the last two years, I've been approached on numerous occasions and been the recipient of numerous ennai|sfrom one side ofthis argument orthe other. The majority ofthes9[ono,nunicatiOnsarehosti/e in nature Vrmisrepresenting themselves asthe voice ofthe lake shore owners without having reached out to receive the voice ofthe lake shore owners. From nnyperspective, this isoccurring onboth sides Vfthis argument, | feel like the entire situation has gotten completely out of control and seems to stem from a residual anger over the change made to the hours of no wake operation that occurred prior to Kristen and I moving to the lake. As I stated the last time I spoke at the council on the topic, Kristen and I would not have purchased our home if the historic time restrictions would have still been in place so I'm personally concerned that the dissatisfaction over that change now seems to be carrying over into the No Wake trigger water level argument. | believe this situation is best settled by lake shore owners in an amicable fashion, | recognize that amicable went out of this situation years ago but that does not mean that the city council should be settling lake shore owner disputes. There are numerous lakes that |'nn aware of in the Metro area that have amicable agreements between lake shore owners that do not require city ordinances to control. When Ispoke with RVger]ohnsononthistopiche5tatedthattheentiresituati0nrevolvesaround"having consideration for our neighbors." 1agree with him wholeheartedly. Neighbors should respect neighbors and city council members should respect city council members. VVeseem tohave lost some level ofrespect and consideration for one another onthese lakes and inour city and that's extremely disappointing to me. Roger and idon't agree on the best solution to our differences regarding surface water ordinances on our lake but we can have the conversation inarespectful manner that \sconsiderate ofone another. I should also note that Roger and | agree more than vve disagree onthese topics. Our primary disagreement isonthe solution for governance. There are a myriad ofcompromises that can be made between lake shore owners without more laws. My personal issue with the ordinances is that they are firm and final with no room for 'consideration.' We agree that shoreline erosion is a critical subject that should be considered by lake shore owners and lake users. We agree that boats should be aware of their wake and respectful to others on the lake in regard to the impact of that wake onothers. We agree that weeds and water quality are critical to the health of the lake and the ability of the public to enjoy the lakes. We / think we differ is that / also think that lakes with public access should be open to to the public and governed by the state through the department of natural resources regulations, not through local city government in response to a very small sub segment ofthe total potential users Ofthose lakes. In my opinion the city should not make a decision on this item not because the council sides with myself or sides with Roger Johnson; the city shouldn't make a decision because it shouldn't be a situation inwhich the city gets involved. Any person visiting our lake, whether they come from the city, the state, another state or another country have the legal right to use the lake as it has public access. \ ask that you leave the governance of these public waters to the appropriate governing body which, in this case, I believe isthe K4NUNR. It is my perspective that the MN IDNR has already put in place a broad set of laws governing surface water usage for the entire state. This set oflaws works well togovern the vast majority of|akesinthmstateand has protections for lake shore owners already in place. The MN Boating regulations state clearly that "|t is against the law to operate a watercraft so its wash or wake endangers, harasses, or interferes with any person or property." This means that the DNR already has a |avv in place to govern the protection of lake Shore owners from watercraft wakes that are harassing orendangering topeople orproperty. |tisthe role ofthe county sheriff or MN DNR representatives to properly enforce this law and, in my opinion, it is the role of a respectful and considerate neighbor to 1) give proper notification to anyone who is perceived to be violating this law prior toapproaching the authorities and 2) to respect the requests of neighbors who believe this law is being violated. If the two sides cannot come to resolution, it should be the proper authorities job to determine what constitutes a"harassing mrendangering vvake,' \donot believe \tisthe role ofthe city council tomake this a blanket determination which will have a negative impact on those lake shore neighbors who choose to be respectful of and considerate to one another. This entire situation is more representative of a breakdown in communication and respect than anything else. Please let the current laws govern and the current legal authorities enforce the laws that are already inplace toaddress the issue infront nfthe council tonight. Please donot try t0resolve aneighborly dispute with city council actions. Thank you for your time and consideration. Respectfully, 2 Dave 8,Kristen Sewell 82ODHill Tri N. Lake Elmo, MN55O42 August 14, 2016 Lake Elmo City Council 3800 Laverne Avenue North Lake Elmo, MN 55042 Dear Mayor Pearson and Council Members: It has come to my attention that the Lake Elmo City Council plans to discuss the No -Wake trigger for Lakes DeMontreville and Olson at the August 16, 2016 City Council meeting. It frustrates me that this issue is coming up once again. Unfortunately, due to prior commitments I will not be able to attend the meeting on Tuesday night. I would appreciate if Mayor Pearson would read this letter into the record in light of my absence. It is my understanding that this issue is being addressed again as a result of a letter submitted by Roger Johnson. In the letter, Mr. Johnson claims to represent "the vast majority of Lake DeMontreville and Olson shoreline property owners." This is simply not true. Mr. Johnson did not ask for any input from lake shore residents prior to sending this letter. In fact, Mr. Johnson has never asked lake shore residents for their input prior to submitting any letter to the Council. Mr. Johnson uses the LDO in an effort to portray his own personal beliefs as those of all lake shore residents. In fact, as 1 understand it, other members of the LDO specifically requested that Mr. Johnson not send the most recent letter. The LDO and/or Mr. Johnson certainly do not represent me or numerous others I have talked with. In previous letters, I have provided history and facts surrounding this issue to the Council. I will not rehash those here. The bottom line is that our lakes have consistently reached and exceeded the 929.3' ordinary high water level (OHWL) for significant periods over the past several years. It is important to note that the OHWL by no means indicates a flood level; rather, it is an "ordinary" water level for the lake. The OHWL as defined by the MNDNR is: "...an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial." The OHWL is an ever changing number for any body of water. In fact, the OHWL has been changed several times on Lakes DeMontreville and Olson since 1984. Maybe the real issue is that the number designated as the OHWL needs to be reassessed. Regardless, in my opinion it should not be used to trigger a No -Wake event. After being unsuccessful several times in the past, Mr. Johnson now attempts to push his agenda to limit boat usage by claiming they create a negative environmental impact. We are all concerned about our lakes, water quality, and the environment; however, this is an obvious attempt to limit boat usage under the guise of protecting the environment. If Mr. Johnson is so concerned about our lakes and the environment, why does he limit his area of concern to boats? What about run off from upstream building projects? What about lawn fertilizer? What about Mr. Johnson's own septic system? How many septic systems around the lake have failed? Should we require mandatory inspections of septic systems? Who will pay for that? What about pumping water out of the lake to water lawns? What about constructing retaining walls or other projects within the OHWL? What about boat houses that are literally falling into the lake? What effect do waves produced by the wind cause? There are plenty of other man- made and natural factors that effect water quality far more than boat wakes do during our 3 months of summer. Some have mentioned hiring an outside consultant to study the matter. This issue does not require expensive studies or analysis, but rather the use of common sense. Throughout much of the recent past, water levels of 930' have been commonplace on Lake DeMontreville/Olson without any ill effects. Take a tour of the lake; there is just not a problem. I am more than willing to take any council member around the lake to inspect for themselves. If the Council does choose to spend taxpayer money studying the impact of boat wakes, I think it would be negligent to not study the other environmental impacts listed above. I am concerned that by Mr. Johnson using environmental protection to further his agenda, Mr. Johnson will have opened a Pandora's Box that will cost all Lake Elmo residents dearly. This issue is brought up over and over again by a small group of individuals led by the president of the Lake DeMontreville Olson(LDO), Roger Johnson. While this issue has caused angst in our community, the bigger cause of angst is the way in which Mr. Johnson conducts himself. On any given day, Mr. Johnson can be found going door to door attempting to push his agenda. Mr. Johnson provides inaccurate, incomplete and at times false information in his endeavors. When challenged, Mr. Johnson becomes argumentative and throws a tantrum. This is unfortunate, because many of Mr. Johnson's victims are either new to the area or elderly. The problem we have on our lakes is not boat wakes or flooding water, our problem is Mr. Johnson. Sincerely, Brian Pitzen Julie Johnson !"11111, ''1 �^11 _: "�1111�1, �IIAAIIII �^-~�lil,,�l,lllil,lllj!llI From: Mike Pearson Sent Tuesday, August 10.2U108:58APW To: Julie Johnson Subject: Fw: No -Wake high water for Lake Demontreville and Olson Mike Pearson Mayor City of Lake Elmo "Notice: E-mafl correspondence to and from the city of Lake Elmo may be public data subject to the Minnesota Data Practices Act ammlor may be disclosed to thirdparties" From: Pavek,Pe1er,Minnetonka,Nutrition <PetecPavekPus.nest|e.rom> Sent: Monday, August lS,ZO16833PM To: Mike Pearson; Justin Bloyer; Julie Fliflet; Jill Lundgren; anneismith(@msn,com Subject: No -Wake high water for Lake Demontreville and Olson (I request to please have this read on my behalf at the Council Meeting) Im Dear Council Members: | am writing to you to express that my wife and | DO NOT support changing the current high water elevation level for Lake DenoontrevUeand Olson asproposed byRoger Johnson, |thas been many years since | have spoken toRoger onthe subject and any past view | may have held has since changed, It is clear to me that the answer lies in shore -land management, not in wasted efforts to " regulate erosion" Erosion will occur regardless due to waves caused by wind action; which likely plays the primary role in erosion. If you are truly concerned with the environment and protecting the shore -line of our lakes; I strongly encourage homeowners to take responsibility for their own properties and focus on restoring or protecting shorelines in manners in -line with DNRguide||nes. http://vvvvvv.dn/.state.rnn.u5/|akescoping/index.htnll If you need an example of what |'nn referring to, look across the lake at the property owned bythe Jesuits, The shore -line isvery protected from erosion bynatural vegetation extending down into the lake. Other examples include the many homeowners with rip -rapped steep slopes which protects the shoreline and prevent scouring ofthe lake bottom. If legislation has any role to play here it in supporting efforts to create sustainable shorelines. Best Re-ards, Pckzand Adrienne Pavek 0Kristina Handt From: Bev°schwa|bachl234567@hutmai|zom/ Sent: Monday, August I5'Z0I6IOl)8PK4 To: KhstinaHandt Subject: Council meeting August l6 Lake DemontreviUe/D|sonnnwake elevation Hi Kristina, K4ywife had tOleave town for meetings sOshe will not beable to attend the council meeting, /arnonthe parish council at my church and our bi-monthly meeting is Tuesday night. |fthe item stays asitem 36,|should beable tnmake it, If past meetings are any indication, they will move the item ahead on the agenda to get the people out ofthe chambers. VVewould like our views tnbeheard so|want this letter tobeentered/read aspart ufthe public comments. After receiving the notice from The City of Lake Elmo regarding the no wake elevation change, we are wondering why the Lake Dernontrevi)le Olson Association President wants the environmental committee to look at this? This committee is for the good of the whole City, for dealing with issues that affect the quality of life for all ofthe residents, not just afew lake shore property owners. VVehave one Council member, who also sits on the Environmental Committee, that has a vested interest in this shoreline ordinance. VVebelieve she should abstain from voting on this particular item. Our lakes are public bodies ofwater with apublic boat landing. Anyone should beable touse the lakes for recreational boating orfishing. VVeall pay afew more dollars inproperty taxes because ofthe lake shore property values. When you start limiting the use of the lake, the values and property taxes will decrease. We have discussed this item way too many times inthe past five years, itistime tomove ootomore important items. Jim and Bev5chvva|bach 45550son Lake Trail Lake Elmo, K4N55O42 851'587'0655 Julie Johnson From: Mike Pearson Sent: Tuesday, August 16, 2016 8:54 AM To: Julie Johnson Subject: Fw: LDO - limited wake initiative and this week's council meeting one more Mike Pearson Mayor City of Lake Elmo "Notice: E-mail correspondence to and from the city of Lake Elmo may be public data subject to the Minnesota Data Practices Act and/or may be disclosed to third parties" From: pschneider@comcastnet <ilschneider@comcast.net> Sent: Monday, August 15, 2016 3:14 PM To: Mike Pearson; Justin Bloyer; Julie Fliflet; Jill Lundgren; Anne Smith; Kristina Handt Cc: ianet.schneiderPaonhewitt.com; ilschneiderPcomcast.net Subject: LDO - limited wake initiative and this week's council meeting Dear Mayor Pearson and Lake Elmo Council Members, Let me start off with what an amazing community Lake Elmo is! We looked at over 75 lake homes in various parts of Minnesota before deciding to purchase on Lake Olson and we couldn't be happier with our decision. It is such a beautiful area. I understand, from the Lake Elmo Weekly News email last week, that the LDO is recommending a lower level for a flooding type of no wake zone ordinance on Lake Olson and Demontreville and this is up for discussion at this Tuesday's Council meeting. As a lake frontage owner, the LDO has never contacted us to discuss the no wake issue. This is very concerning since not once has the LDO asked us for our opinion or informed us of their intentions, yet they are claiming to represent all the lake front owners, including us, without taking our opinions into account. We have no idea who makes up the LDO, whether they are self appointed or what they stand for. We have never voted for any board members or lake shore reps. I tried to search for the LDO organization on the Internet and came up with nothing which adds to my concerns of their initiative. The only contact we have had with them is, several months ago when we received a letter in the mail discussing weed treatment for the lakes, their asking for a donation to cover the treatment in common areas. We graciously donated the money to support the maintenance of the lake. That donation was somehow misconstrued into support of this initiative. Unfortunately, we can't attend this week's council meeting due to out of state commitments that could not rearranged with such short notice. In our absence, please read this letter to the public. We are firmly against this ordinance and would be against any ordinance that would be more restrictive and that would be limiting the use of recreational boats and other motor craft on the lakes. I have seen no lake front damage from the wakes and since we have owned our property we I have note seen alot of boat traffic on Lake Olson. We enjoy the lakes for both their beauty and recreational values. We see no conflict with both being valuable contributors to homeowners around the lake while strongly supporting the continued use of boats and other motorized recreational crafts on the two lakes. The other concern we have with this ordinance especially since we are new home owners to this area is what happens to the value of our home on a lake with extreme wake restrictions? These restrictions are much more stringent than what the state of Minnesota and what surrounding lakes have. If this is approved, is the council prepared to handle the property tax adjustments that property owners could be requesting? I know that, with limited recreational boat traffic allowed on the lakes, the value of my home could be deceased. As a result, there could be a corresponding decrease in the amount of taxes owed by all homeowners around both lakes. Thank you for your consideration regarding our position on this matter. Janet Schneider 4911 Olson Lake Trail 847-791-0084 Patrick E.&Deborah M. Dean 8O28Hill Trail N. Lake Elmo, MN 55042-9534 (651)770'9430 Lake Elmo City Counsel: Why are ovehere tonight? VVeare here tonight because the LIDO group has sent aletter tothe City Council once again requesting areview mfthe 0HVVmark trigger for nowake, This has been presented to you numerous times over the past 5 years since the No Wake restrictions were enforced on the Tri- Lakesin2O1I. How many different ways does our neighborhood have to withstand the attacks of a handful ofresidents determined tmhave amore rest hcted/|)m)tedaccess tnaresource that issupposed tohefor ALL? This request for an environmental committee review is a political witch hunt. it has been requested in many different ways previous years and denied. Now vvehave aresurrected environmental committee with 3 members that have already publically stated their views publicly on restricting lake usage, Is this really anindependent review? LDOdoes not nor has itever represented the vast majority of|akeahonePxvnerson DennnntreviUe/O|son, The group was loosely formed I7years ago totreat weeds inboth lakes, that b all itwas, Mr. Johnson selected neighbors that he wanted on the committee to help with the disbursement of permits and checks. They have never had open meetings nor public elections of representatives. The meetings are called at the last minute, sometimes hours before, sometimes 2-3 days notice. Iattended one meeting in2O15'There was nodecorum, Robert rules oforder were not followed. Myhusband served onthe board for 27years. He was taken off the board because he did not agree with Mr. Johnson's political views on more restrictions. This is the pattern that has occurred with numerous members ofthe LIDO board. VVecontributed tothe LDOfor Z7years paying between $l5O' 250everyyear. VVestopped paying in2Ul5when wenolonger were represented, Notaxation without representation! | believe this isafundamental principal ofour democracy. Why are xveabandoning our basic principals? There are 123 lake shore owners on Lake 0son/DemmntrevU|e. 31 chore owners formed a different weed treatment group for the sole purpose of weed treatment(DOA). 33 shore owners choose toparticipate innothing, That leaves 59remaining shore owners certainly not the vast majority. I would also question whether these remaining shore owners approve or are even aware of the letter that was sent. They signed up for weed treatment, not putting more restrictions on the lakes. Either way itisstill not the vast majority. Aatothe socalled severe erosion that could possibly occur, there isnqevidence ofitanywhere onthe shore line. I have had a flower bed within wave action of the shore for the last 26 years and there is no damage. We have about 280 feet of shoreline at the present time with no erosion from motor boats.