HomeMy WebLinkAbout09-06-16 Council Meeting Packet 3 of xMAYOR AND COUNCIL COMMUNICATION
DATE: 09/06/2016
REGULAR
ITEM #: 16
AGENDA ITEM: Exemption from Platting for Subdivision of Property Resulting from Acquisition
by Governmental Agencies
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
Sarah Sonsalla, City Attorney
BACKGROUND:
Recent agreement between the City and a property owner was made to have property owners convey fee
title to a portion of their property to the City for a recently constructed roadway, instead of the property
owners granting the City an easement. The City Attorney advised Staff to approve the lot split (following
whatever process is required) and record the deed. Upon review of Chapter 153: Subdivision Regulations,
Staff was unable to determine the process that is required, as the foregoing situation does not fit neatly in
to the situations described where platting is required, nor does it meet the definitions or conditions of any
exceptions to platting, as outlined in this Chapter. Because the Ordinance was unclear, Staff consulted the
City Attorney to determine the correct process.
After review of Section 153.09: Exceptions to Platting, of Chapter 153: Subdivision Regulations, of the
City Code, the City Attorney determined that the subdivision of property resulting from acquisition by
governmental agencies for public improvement or uses does not apply to any exceptions set forth in the
aforementioned Section, as it does not meet the definitions or conditions set forth for a minor subdivision
or lot line adjustment. She suggested this Ordinance be brought forth to amend the City’s subdivisions
regulations to allow this type of situation as an exception and to then follow the process set forth by this
exception so this lot split can be processed.
The subdivision ordinance is not within the zoning code and therefore, the amendment does not require a
public hearing.
ISSUE BEFORE COUNCIL:
In order to expedite the aforementioned subdivision of a property for public purpose, the Council is
respectfully requested to consider, as part of tonight’s consent agenda, whether or not an amendment to
Section 153.09 should be made that would add this exemption from the platting process.
PROPOSAL DETAILS/ANALYSIS:
City Council Meeting
September 6, 2016 [Regular Agenda Item #16]
Page 2
The current exceptions to platting, as provided forth in Section 153.09, are as follows:
(A) Minor subdivision. A minor subdivision is a division of land which results in no more than 4 parcels
wherein each resultant parcel complies with the city's minimum lot dimension and public road frontage
requirements for the zoning district in which the land is located.
(B) Lot line adjustment. A lot line adjustment is a division of land which results in no more than 4
parcels wherein each resultant parcel does not comply with the city's minimum lot dimension and/or public
road frontage requirements for the zoning district in which the land is located. The City Council hereby
waives compliance with the city's platting regulations for lot line adjustments which satisfy 1 of the
following conditions:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel Consolidation
Procedure approved by Washington County, equals or exceeds the minimum lot dimension requirements
and public road frontage requirements for the zoning district in which the property is located;
(2) In those cases where the City Administrator determines that it is not reasonably possible for each
resultant parcel to comply with the provisions of division (B)(1) above, each resultant parcel, when
combined with an abutting parcel through a Tax Parcel Consolidation Procedure approved by Washington
County, is less non-conforming after the lot consolidation than it was before the lot consolidation; or
(3) In those cases where, in regard to property which is zoned agricultural or rural residential, the City
Administrator determines that each resultant parcel will equal or exceed minimum lot dimensions for the
zoning district in which the property is located, but that 1 of the resultant parcels cannot satisfy the minimum
public road frontage requirements for the zoning district in which the property is located, access to the
noncomplying parcel is protected by a restrictive covenant approved by the City Attorney which includes
the city as a beneficiary.
As previously mentioned, subdivision of property resulting from the acquisition of land by governmental
agencies for the purpose of public use or acquisition does not apply to any definition or condition listed
above.
Because the subdivision of property resulting from the acquisition of land by governmental agencies for
the purpose of public use or acquisition does not meet the definitions or conditions of neither a minor
subdivision nor a lot line adjustment, and because platting is only required for the subdivision of a tract of
land which is to be divided into 3 or more lots or parcels, there is no clear direction on what process to
follow for such a subdivision.
Minor subdivisions and platting require a public hearing and Council approval. Generally, when land is
being acquired for public acquisition or use, it is for the purpose of a project, like a street improvement
project, which has already been approved by Council. Therefore, it would be redundant for Council to hear
and approve such a subdivision of property. Furthermore, the platting process takes a significant amount of
time and Staff resources, and would delay public projects.
Due to the aforementioned, Staff is recommending that property that is being subdivided due to
governmental agency acquisition for public improvement or uses be added as an exception to the platting
City Council Meeting
September 6, 2016 [Regular Agenda Item #16]
Page 3
process as a separate item and be approved administratively. This would greatly facilitate and speed up the
acquisition process.
FISCAL IMPACT:
Less Staff time would be spent in preparing reports and going before Planning Commission and Council to
go through the platting process for such lot splits. Additionally, clearly outlining this exception to platting
would ensure that such process is being done legally and correctly.
OPTIONS:
The Council may either approve or deny the proposed amendment to Section 153.09 of Chapter 153:
Subdivision Regulations.
RECOMMENDATION:
Staff recommends that Council approve the proposed amendments to Section 153.09: Exceptions to
Platting by adding “a subdivision of property resulting from acquisition by governmental agencies
for public improvements or uses” as an exception to platting and the summary publication of the
ordinance with the following motion:
“Move to approve Ordinance Amendment 08-153 amending Chapter 153: Subdivision
Regulations; Section 153.09: Exceptions to Platting, by inserting, as an additional exception to
platting, a subdivision of property resulting from acquisition by governmental agencies for public
improvements or uses, and Resolution 2016-76 for its summary publication.”
ATTACHMENTS:
•Draft Ord. 08-153 (redlined version and edited version)
•Resolution 2016-76 approving summary publication of Ord. 08-153
•Email from City Attorney Sonsalla
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2016-__
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-___ BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-___
amending the City’s subdivision regulations by adding subdivision of property resulting from
acquisition by governmental agencies for public improvement or uses as an exception to platting;
and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-___ to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-___, which amends
Section 153.09: Exceptions to Platting, of Chapter 153: Subdivision Regulations, by inserting
subdivision of property for public purposes as an exception to platting. The ordinance amendment
allows such a subdivision of property to be approved administratively by the City Administrator.
The full text of Ordinance No. 08-___ is available for inspection at Lake Elmo City Hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full
copy of the ordinance be placed in a public location within the City.
Dated: September 6, 2016
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
76
(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.
1
484671v1 SJS LA515-4
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
EXEMPTING SUBDIVISION OF PROPERTY RESULTING FROM ACQUISITION BY
GOVERNMENTAL AGENCIES FOR PUBLIC IMPROVEMENTS OR USES FROM THE
PLATTING PROCESS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 153:
Subdivision Regulations, Section 153.09: Exceptions to Platting, by inserting the
following:
(A) Minor subdivision. A minor subdivision is a division of land which results in no more
than 4 parcels wherein each resultant parcel complies with the city's minimum lot dimension and
public road frontage requirements for the zoning district in which the land is located.
(B) Lot line adjustment. A lot line adjustment is a division of land which results in no more
than 4 parcels wherein each resultant parcel does not comply with the city's minimum lot
dimension and/or public road frontage requirements for the zoning district in which the land is
located. The City Council hereby waives compliance with the city's platting regulations for lot
line adjustments which satisfy 1 of the following conditions:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel
Consolidation Procedure approved by Washington County, equals or exceeds the minimum lot
dimension requirements and public road frontage requirements for the zoning district in which
the property is located;
(2) In those cases where the City Administrator determines that it is not reasonably possible
for each resultant parcel to comply with the provisions of division (B)(1) above, each resultant
parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure
approved by Washington County, is less non-conforming after the lot consolidation than it was
before the lot consolidation; or
(3) In those cases where, in regard to property which is zoned agricultural or rural
residential, the City Administrator determines that each resultant parcel will equal or exceed
minimum lot dimensions for the zoning district in which the property is located, but that 1 of the
resultant parcels cannot satisfy the minimum public road frontage requirements for the zoning
district in which the property is located, access to the noncomplying parcel is protected by a
restrictive covenant approved by the City Attorney which includes the city as a beneficiary.
(C) Subdivision of Property for Public Purpose. The subdivision of property resulting from
acquisition by governmental agencies for public improvements or uses.
(D) Application for minor subdivision/lot line adjustment. An application for a minor
subdivision or a lot line adjustment shall be submitted on forms provided by the City
153
2
484671v1 SJS LA515-4
Administrator. The applicant will be responsible for all expenses incurred in obtaining the
required information, which includes the following:
(1) Name, address, and telephone number of the property owner/applicant and evidence of
title;
(2) A legal description of the parcel which is being subdivided and legal descriptions for
each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions for the
consolidated parcels;
(3) A written description stating the reason for the request; and
(4) A land survey prepared by and signed by a registered land surveyor describing the minor
subdivision and/or lot line adjustment and showing all buildings, driveways, easements,
setbacks, and other pertinent information including the legal descriptions herein required.
(E) Review of minor subdivision.
(1) A completed application shall be submitted to the Planning Commission for its review
and recommendation to the City Council.
(2) The City Council may attach reasonable conditions to its approval and shall require the
conveyance of necessary street, utility, and drainage easements on forms approved by the City
Attorney; and shall require the payment of a public use dedication fee.
(F) Review of lot line adjustment. A completed application shall be reviewed administratively
by the City Administrator who shall make a written finding in regard to the provisions of
division (B) above. The City Administrator's approval shall be conditioned upon tax parcel
consolidation. Prior to the issuance of any development permits, and no later than 60 days after
administrative review and approval, the applicant shall provide the City Administrator with the
verifications listed below. Failure to provide the required verifications shall invalidate the City
Administrator's approval:
(1) Recorded documents or recorded document numbers for the deeds of conveyance which
effectuate the lot line adjustment; and/or
(2) Proof that the Washington County Assessor has approved a Tax Parcel Consolidation
and has assigned a new tax parcel number for the consolidated parcel or parcels.
(G) Review of Subdivision of Property for Public Purpose. A completed application,
accompanied by a fully executed deed that designates a governmental agency as a grantee, shall
be reviewed administratively by the City Administrator who shall make a written finding in
regard to the provisions of paragraph (C) above and if the conveyance falls within the definition
of paragraph (C), the City Administrator shall approve the subdivision. The City Administrator’s
approval shall be conditioned upon receipt of a copy of the recorded deed. Failure to provide a
copy of the recorded deed shall invalidate the City Administrator’s approval.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
3
484671v1 SJS LA515-4
SECTION 3. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of
________, 2016, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________,
2016.
1
Emily Becker
From:Sonsalla, Sarah J. <SSonsalla@Kennedy-Graven.com>
Sent:Thursday, August 04, 2016 2:48 PM
To:Emily Becker
Cc:Stephen Wensman; Chad Isakson; Kristina Handt; Sonsalla, Sarah J.
Subject:RE: 3592 Kelvin - Lot Split
Dear Emily,
I reviewed this issue. First, I reviewed the City’s subdivision regulations and it appears that all subdivision of property
(with a few minor exceptions, none of which apply here) must either be done by plat or meet the definition of a “minor
subdivision” or a “lot line adjustment” under the code (and approved as such). From my review of the definitions of “lot
line adjustment” and “minor subdivision,” (Section 153.09 of the Code), I don’t think that this particular situation would
meet either definition.
Cities are authorized by Minnesota Statutes Chapter 505 to file what is called a “right‐of‐way plat,” that shows the
locations of rights‐of‐way within the city as you had suggested, however, this plat is just for informational purposes (see
Minnesota Statutes Section 505.1792) and does not have any legal significance in terms of subdividing the property or
conveying it to the city. These things need to happen regardless of whether or not there is a right‐of‐way plat filed.
Therefore, I think that the best option would probably be for the City to amend its ordinance to allow this as an
exception. I would suggest that the City either include this type of situation in the definition of a lot line adjustment or
minor subdivision (and then that process would need to be followed), or that it just be made a general exception that
does not require there to be plat, lot line adjustment or minor subdivision approval by the City. The exception would be
something similar to “ a subdivision of property resulting from acquisition by governmental agencies for public
improvements or uses.” In most cases, the City will be aware of when it happens, because it will be the City that would
be causing it to happen for its projects, but I suppose there could be situations that involve the County or another
governmental agency and the City may want to be made aware of it or be required to approve it. If that is the case, the
City could require administrative approval (and not have it go to Council). Even though we would be changing the code
for this circumstance, it is my opinion that this may come up again in the future.
Assuming that the City changes the code and makes this an exception that does not require there to be approval of a
minor subdivision application or lot line adjustment, then once the ordinance is adopted, the deed could be recorded. If
the City decides to include this exception in either the minor subdivision or lot line adjustment, then that process would
need to filed (an application would need to be submitted and the Council would need to approve it).
Let me know if you have any questions.
Thanks!
Sarah
Sarah J. Sonsalla | Attorney | Kennedy & Graven, Chartered |470 U.S. Bank Plaza | 200 South Sixth Street | Minneapolis, MN
55402 |direct: 612.337.9284 | fax: 612.337.9310 | e‐mail: ssonsalla@kennedy‐graven.com
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Thursday, August 04, 2016 10:24 AM
To: Sonsalla, Sarah J.
Cc: Stephen Wensman; Chad Isakson
Subject: RE: 3592 Kelvin - Lot Split
1
Emily Becker
From:Sonsalla, Sarah J. <SSonsalla@Kennedy-Graven.com>
Sent:Thursday, August 04, 2016 2:48 PM
To:Emily Becker
Cc:Stephen Wensman; Chad Isakson; Kristina Handt; Sonsalla, Sarah J.
Subject:RE: 3592 Kelvin - Lot Split
Dear Emily,
I reviewed this issue. First, I reviewed the City’s subdivision regulations and it appears that all subdivision of property
(with a few minor exceptions, none of which apply here) must either be done by plat or meet the definition of a “minor
subdivision” or a “lot line adjustment” under the code (and approved as such). From my review of the definitions of “lot
line adjustment” and “minor subdivision,” (Section 153.09 of the Code), I don’t think that this particular situation would
meet either definition.
Cities are authorized by Minnesota Statutes Chapter 505 to file what is called a “right‐of‐way plat,” that shows the
locations of rights‐of‐way within the city as you had suggested, however, this plat is just for informational purposes (see
Minnesota Statutes Section 505.1792) and does not have any legal significance in terms of subdividing the property or
conveying it to the city. These things need to happen regardless of whether or not there is a right‐of‐way plat filed.
Therefore, I think that the best option would probably be for the City to amend its ordinance to allow this as an
exception. I would suggest that the City either include this type of situation in the definition of a lot line adjustment or
minor subdivision (and then that process would need to be followed), or that it just be made a general exception that
does not require there to be plat, lot line adjustment or minor subdivision approval by the City. The exception would be
something similar to “ a subdivision of property resulting from acquisition by governmental agencies for public
improvements or uses.” In most cases, the City will be aware of when it happens, because it will be the City that would
be causing it to happen for its projects, but I suppose there could be situations that involve the County or another
governmental agency and the City may want to be made aware of it or be required to approve it. If that is the case, the
City could require administrative approval (and not have it go to Council). Even though we would be changing the code
for this circumstance, it is my opinion that this may come up again in the future.
Assuming that the City changes the code and makes this an exception that does not require there to be approval of a
minor subdivision application or lot line adjustment, then once the ordinance is adopted, the deed could be recorded. If
the City decides to include this exception in either the minor subdivision or lot line adjustment, then that process would
need to filed (an application would need to be submitted and the Council would need to approve it).
Let me know if you have any questions.
Thanks!
Sarah
Sarah J. Sonsalla | Attorney | Kennedy & Graven, Chartered |470 U.S. Bank Plaza | 200 South Sixth Street | Minneapolis, MN
55402 |direct: 612.337.9284 | fax: 612.337.9310 | e‐mail: ssonsalla@kennedy‐graven.com
From: Emily Becker [mailto:EBecker@lakeelmo.org]
Sent: Thursday, August 04, 2016 10:24 AM
To: Sonsalla, Sarah J.
Cc: Stephen Wensman; Chad Isakson
Subject: RE: 3592 Kelvin - Lot Split
1
484671v1 SJS LA515-4
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
EXEMPTING SUBDIVISION OF PROPERTY RESULTING FROM ACQUISITION BY
GOVERNMENTAL AGENCIES FOR PUBLIC IMPROVEMENTS OR USES FROM THE
PLATTING PROCESS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 153:
Subdivision Regulations, Section 153.09: Exceptions to Platting, by inserting the
following:
(A) Minor subdivision. A minor subdivision is a division of land which results in no more
than 4 parcels wherein each resultant parcel complies with the city's minimum lot dimension and
public road frontage requirements for the zoning district in which the land is located.
(B) Lot line adjustment. A lot line adjustment is a division of land which results in no more
than 4 parcels wherein each resultant parcel does not comply with the city's minimum lot
dimension and/or public road frontage requirements for the zoning district in which the land is
located. The City Council hereby waives compliance with the city's platting regulations for lot
line adjustments which satisfy 1 of the following conditions:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel
Consolidation Procedure approved by Washington County, equals or exceeds the minimum lot
dimension requirements and public road frontage requirements for the zoning district in which
the property is located;
(2) In those cases where the City Administrator determines that it is not reasonably possible
for each resultant parcel to comply with the provisions of division (B)(1) above, each resultant
parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure
approved by Washington County, is less non-conforming after the lot consolidation than it was
before the lot consolidation; or
(3) In those cases where, in regard to property which is zoned agricultural or rural
residential, the City Administrator determines that each resultant parcel will equal or exceed
minimum lot dimensions for the zoning district in which the property is located, but that 1 of the
resultant parcels cannot satisfy the minimum public road frontage requirements for the zoning
district in which the property is located, access to the noncomplying parcel is protected by a
restrictive covenant approved by the City Attorney which includes the city as a beneficiary.
(C) Subdivision of Property for Public Purpose. The subdivision of property resulting from
acquisition by governmental agencies for public improvements or uses.
(D) Application for minor subdivision/lot line adjustment. An application for a minor
subdivision or a lot line adjustment shall be submitted on forms provided by the City
2
484671v1 SJS LA515-4
Administrator. The applicant will be responsible for all expenses incurred in obtaining the
required information, which includes the following:
(1) Name, address, and telephone number of the property owner/applicant and evidence of
title;
(2) A legal description of the parcel which is being subdivided and legal descriptions for
each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions for the
consolidated parcels;
(3) A written description stating the reason for the request; and
(4) A land survey prepared by and signed by a registered land surveyor describing the minor
subdivision and/or lot line adjustment and showing all buildings, driveways, easements,
setbacks, and other pertinent information including the legal descriptions herein required.
(E) Review of minor subdivision.
(1) A completed application shall be submitted to the Planning Commission for its review
and recommendation to the City Council.
(2) The City Council may attach reasonable conditions to its approval and shall require the
conveyance of necessary street, utility, and drainage easements on forms approved by the City
Attorney; and shall require the payment of a public use dedication fee.
(F) Review of lot line adjustment. A completed application shall be reviewed administratively
by the City Administrator who shall make a written finding in regard to the provisions of
division (B) above. The City Administrator's approval shall be conditioned upon tax parcel
consolidation. Prior to the issuance of any development permits, and no later than 60 days after
administrative review and approval, the applicant shall provide the City Administrator with the
verifications listed below. Failure to provide the required verifications shall invalidate the City
Administrator's approval:
(1) Recorded documents or recorded document numbers for the deeds of conveyance which
effectuate the lot line adjustment; and/or
(2) Proof that the Washington County Assessor has approved a Tax Parcel Consolidation
and has assigned a new tax parcel number for the consolidated parcel or parcels.
(G) Review of Subdivision of Property for Public Purpose. A completed application,
accompanied by a fully executed deed that designates a governmental agency as a grantee, shall
be reviewed administratively by the City Administrator who shall make a written finding in
regard to the provisions of paragraph (C) above and if the conveyance falls within the definition
of paragraph (C), the City Administrator shall approve the subdivision. The City Administrator’s
approval shall be conditioned upon receipt of a copy of the recorded deed. Failure to provide a
copy of the recorded deed shall invalidate the City Administrator’s approval.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
3
484671v1 SJS LA515-4
SECTION 3. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of
________, 2016, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________,
2016.
1
484671v1 SJS LA515-4
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
EXEMPTING SUBDIVISION OF PROPERTY RESULTING FROM ACQUISITION BY
GOVERNMENTAL AGENCIES FOR PUBLIC IMPROVEMENTS OR USES FROM THE
PLATTING PROCESS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 153:
Subdivision Regulations, Section 153.09: Exceptions to Platting, by inserting the
following:
(A) Minor subdivision. A minor subdivision is a division of land which results in no more
than 4 parcels wherein each resultant parcel complies with the city's minimum lot dimension and
public road frontage requirements for the zoning district in which the land is located.
(B) Lot line adjustment. A lot line adjustment is a division of land which results in no more
than 4 parcels wherein each resultant parcel does not comply with the city's minimum lot
dimension and/or public road frontage requirements for the zoning district in which the land is
located. The City Council hereby waives compliance with the city's platting regulations for lot
line adjustments which satisfy 1 of the following conditions:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel
Consolidation Procedure approved by Washington County, equals or exceeds the minimum lot
dimension requirements and public road frontage requirements for the zoning district in which
the property is located;
(2) In those cases where the City Administrator determines that it is not reasonably possible
for each resultant parcel to comply with the provisions of division (B)(1) above, each resultant
parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure
approved by Washington County, is less non-conforming after the lot consolidation than it was
before the lot consolidation; or
(3) In those cases where, in regard to property which is zoned agricultural or rural
residential, the City Administrator determines that each resultant parcel will equal or exceed
minimum lot dimensions for the zoning district in which the property is located, but that 1 of the
resultant parcels cannot satisfy the minimum public road frontage requirements for the zoning
district in which the property is located, access to the noncomplying parcel is protected by a
restrictive covenant approved by the City Attorney which includes the city as a beneficiary.
(C) Subdivision of Property for Public Purpose. The subdivision of property resulting from
acquisition by governmental agencies for public improvements or uses.
(D) (C) Application for minor subdivision/lot line adjustment. An application for a minor
subdivision or a lot line adjustment shall be submitted on forms provided by the City
2
484671v1 SJS LA515-4
Administrator. The applicant will be responsible for all expenses incurred in obtaining the
required information, which includes the following:
(1) Name, address, and telephone number of the property owner/applicant and evidence of
title;
(2) A legal description of the parcel which is being subdivided and legal descriptions for
each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions for the
consolidated parcels;
(3) A written description stating the reason for the request; and
(4) A land survey prepared by and signed by a registered land surveyor describing the minor
subdivision and/or lot line adjustment and showing all buildings, driveways, easements,
setbacks, and other pertinent information including the legal descriptions herein required.
(E) (D) Review of minor subdivision.
(1) A completed application shall be submitted to the Planning Commission for its review
and recommendation to the City Council.
(2) The City Council may attach reasonable conditions to its approval and shall require the
conveyance of necessary street, utility, and drainage easements on forms approved by the City
Attorney; and shall require the payment of a public use dedication fee.
(F) (E) Review of lot line adjustment. A completed application shall be reviewed
administratively by the City Administrator who shall make a written finding in regard to the
provisions of division (B) above. The City Administrator's approval shall be conditioned upon
tax parcel consolidation. Prior to the issuance of any development permits, and no later than 60
days after administrative review and approval, the applicant shall provide the City Administrator
with the verifications listed below. Failure to provide the required verifications shall invalidate
the City Administrator's approval:
(1) Recorded documents or recorded document numbers for the deeds of conveyance which
effectuate the lot line adjustment; and/or
(2) Proof that the Washington County Assessor has approved a Tax Parcel Consolidation
and has assigned a new tax parcel number for the consolidated parcel or parcels.
(G) Review of Subdivision of Property for Public Purpose. A completed application,
accompanied by a fully executed deed that designates a governmental agency as a grantee, shall
be reviewed administratively by the City Administrator who shall make a written finding in
regard to the provisions of paragraph (C) above and if the conveyance falls within the definition
of paragraph (C), the City Administrator shall approve the subdivision. The City Administrator’s
approval shall be conditioned upon receipt of a copy of the recorded deed. Failure to provide a
copy of the recorded deed shall invalidate the City Administrator’s approval.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
3
484671v1 SJS LA515-4
SECTION 3. Adoption Date. This Ordinance 08-___ was adopted on this _____ day of
________, 2016, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
______________________________
Mike Pearson, Mayor
ATTEST:
_______________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________,
2016.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2016-__
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-___ BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-___
amending the City’s subdivision regulations by adding subdivision of property resulting from
acquisition by governmental agencies for public improvement or uses as an exception to platting;
and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-___ to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-___, which amends
Section 153.09: Exceptions to Platting, of Chapter 153: Subdivision Regulations, by inserting
subdivision of property for public purposes as an exception to platting. The ordinance amendment
allows such a subdivision of property to be approved administratively by the City Administrator.
The full text of Ordinance No. 08-___ is available for inspection at Lake Elmo City Hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the
City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full
copy of the ordinance be placed in a public location within the City.
Dated: September 6, 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.
STAFF REPORT
DATE: September 6, 2016
REGULAR
ITEM #:
MOTION
TO: Mayor and City Council
FROM: Michael Bent, Building Official
Kristina Handt, City Administrator
AGENDA ITEM: Authorize Advertising for Building Inspector
BACKGROUND:
As previously discussed at budget workshops, the City is experiencing an increase in building activity and
additional staffing was requested to cover the inspections.
ISSUE BEFORE COUNCIL:
Should the Council authorize staff to advertise for a building inspector?
PROPOSAL DETAILS/ANALYSIS:
Attached to this cover sheet is a more in depth analysis of the need for an additional combination building
inspector prepared by the building official.
Also included in the packet is the job posting used last year that has been updated with new dates.
FISCAL IMPACT:
The cost of the new position for the remainder of 2016 is estimated at $20,000 or less depending on start
date and pay. The 2016 budget is projected to have a surplus of over $550,000 due largely to the increase
in building revenue.
OPTIONS:
1) Authorize staff to advertise for a new building inspector
2) Table decision until closer to 2017
3)Direct staff to secure a contracted building inspector
4)Maintain current level of staffing
RECOMMENDATION:
Motion to authorize staff to advertise for a building inspector
17
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Accepting Applications for the Position of: BUILDING INSPECTOR
SALARY: $26 - $32 /hr
OPENING DATE: 9/8/2016
CLOSING DATE: 9/22/2016
POSITION TITLE: Building Inspector
DEPARTMENT: Department of Building Safety
ACCOUNTABLE TO: Building Official
PRIMARY OBJECTIVE: This individual will perform all functions of the Department of Building Safety to assist and maintain compliance with the State Building Code and City of Lake Elmo Municipal Code. Delivering service, solutions, education, and efficiency while facilitating positive relationships with residents, contractors, and design professionals.
ESSENTIAL FUNCTIONS OF THE POSITION
1. Perform plan reviews and building inspections on all types of building structures (commercial, industrial and residential) to ensure that they meet the MSBC and City of Lake Elmo Municipal Code. 2. Communicate with architects, engineers, contractors and property owners to interpret and clarify code requirements. 3. Maintains record of erosion control violations and coordinates the City’s enforcement of erosion control requirements for new construction. 4. Verifies that site construction activity is in conformance to approved plans, coordinates City action to bring non-compliant sites into compliance. 5. Ensure complaints involving building codes, related ordinances and nuisance investigations, are m
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
managed in a timely manner. Initiate appropriate action regarding violations that are not corrected. 6. Keep abreast of innovations and developments in the construction industry and how changes in materials and construction practices relate to code requirements. 7. Responsible for keeping Building Official informed of issues and proactively working through for solutions. Recommends procedures and policies in cases not clearly covered by codes and ordinances. 8. Responsible for ensuring department reports are completed and accurate.
PERFORMANCE CRITERIA
Skills in mediation, complaint resolution and problem solving.
Team player with the ability to collaborate and implement effective customer service.
Strong initiative to improve processes and productivity.
Ability to effectively use a computer and various software programs, including software for tracking building inspections and permitting activity.
Ability to maintain a positive and effective working relationship with council, commissions, businesses, designers, contractors, residents and staff.
Ability to communicate effectively, both orally and in writing.
Thorough knowledge and understanding of the pertinent state and local codes and licensing requirements applicable to the City of Lake Elmo and the legal aspects of code administration.
Ability to read and interpret plans, specifications, engineering and architectural project drawings, and electronic documents accurately and to compare them with construction in progress.
Ability to enforce codes and ordinances firmly, tactfully and impartially and deal with difficult situations.
Understanding and experience working with best management practices for construction activity.
Develop and maintain effective working relationships with City departments & Authorities having jurisdiction.
Ability to physically move about all areas of construction properties to carry out duties.
Ability to manage multiple projects and meet deadlines working in a fast paced environment.
MINIMUM QUALIFICATIONS
• State Certification as State Building Official
• 2 Year A.A.S degree in construction.
• Three years’ experience in construction public or private sector.
• 2 years’ experience in building inspections.
• Experience with Microsoft Products (Word, Excel, PowerPoint)
• Valid MN Driver’s License
DESIRABLE QUALIFICATIONS
• Experience with inspections, property maintenance, sign permits and/or planning and zoning in Public Sector
• Certification from ICC in fire and or building inspections.
SUPERVISION RESPONSIBILITIES
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
N/A
PHYSICAL REQUIREMENTS Positions in this class typically require: sitting, feeling, manual dexterity, grasping, talking, and hearing, typing, and seeing. The individual may encounter unexpected and prolonged workdays and stress and pressures from dealing with emotional issues and conflicts. There is sustained exposure to computer keyboards and video screens. This position is light duty and may require the exertion of up to 20 pounds of force on occasion or a negligible amount of force frequently to lift, carry, push, pull or otherwise move objects. Work is performed in both office and field settings year round. Some of the employee’s time is spent in field inspections associated with code enforcement and development cases. Sufficient mobility is necessary to navigate natural terrain and construction sites. PLEASE APPLY BY CLOSING DATE: 9/22/16
SEND COVER LETTER, RESUME, LAKE ELMO APPLICATION AND REFERENCES TO: CITY OF LAKE ELMO ATTN: Julie Johnson, CITY CLERK 3800 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 PLEASE VISIT OUR WEBSITE AT WWW.LAKEELMO.ORG FOR ADDITIONAL INFORMATION/APPLICATION OR CONTACT US AT 651.747.3900 CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER
Lake Elmo Building Department
Our mission is to provide professional plan review, permitting and inspection of building construction
projects to ensure a safe built environment for all those who live and work in the City of Lake Elmo.
Request for increase in staffing:
As presented in detail during the 2017 budget review process, the Lake Elmo Building Department is
experiencing an increase in workload due to a variety of reasons. The workload for the department related
to residential new construction is directly related to the real estate market, and the real estate market for
new home construction in Lake Elmo is strong.
It is requested that the FTE combination building inspector position requested in the 2017 Building
Department budget (effective 1/1/17) be moved forward, recruited and filled as soon as possible to meet
current and forecasted future workload demands.
The alternative of using an external contracted resource was reviewed. The use of such a resource creates
inconsistencies in inspections, workload and established relationships with our customer base. Utilizing a
contract based inspector as a supplement to staff positions would only address a long term need with a
short term solution. It is estimated that the lost revenue from utilizing a contract inspector to the City
would be double the fully loaded cost to hire the proposed FTE.
Workload
The City of Lake Elmo Building Department has issued 139 new construction home permits from January
1, 2016 through August 17, 2016. There are currently 39 new construction home permits in for permit or
awaiting development release for permit. When preparing the 2017 budget information in June, the
building department estimated 202 new home build outs based on permit trends at that time. Based on the
activity since that time, the building department is on pace to issue over 250 residential new construction
permits in 2016.
The City of Lake Elmo Building Department currently has several large scale commercial construction
projects started.
The Northeast Metro Intermediate School District 916 Pankalo Elementary School project located
at 8568 Eagle Point is a 78,000 sf public school project under construction.
The Arbor Glen Senior Living project permit has been issued and construction is beginning at
11020 39th Street North.
The Oak-Land Junior High School addition and remodel at 820 Manning Avenue is scheduled for
completion by the time school starts up.
The Health Partners Specialty Dental Clinic build-out located at 8515 Eagle Point Boulevard is
scheduled for completion in October.
The new construction value of these commercial projects permitted from January 1, 2016 through August
17, 2016 is $84,335,275.11; generating permit revenue of $198,415.90 and plan review revenue of
$45,136.43. Included in these numbers was unbudgeted revenue of $189,481.33 in permit revenue and
$45,136.43 in plan review fees due to the building official having certifications and delegation authority
with the State of Minnesota allowing for the work to be done in-house rather than by the State
Department of Labor and Industry Construction Codes and Licensing Division inspector.
The number of inspections associated with large scale commercial projects varies according to the scope
and type of the project. A project similar to the Pankalo school project will command several hundred
inspections during the course of the project while a project such as the Arbor Glen Senior Living project
will require between 800 and 1,000. Commercial inspections tend to differ from residential inspections;
the time required to perform a commercial inspection is generally longer than a similar type of inspection
on a residential project.
Performance Standards/Expectations
A combination building inspector performance standard for average number of field inspection is 2,000
+/- inspection annually. This performance matrix allows time in a daily schedule for plan review and
other duties associated with the position. A working Building Official can typically perform 1,200 to
1,500 inspections annually. The reduced number of field inspections is due to management and
supervisory duties, administering the code enforcement program, and concentrating the field inspection
workload on the commercial projects.
The current staff has been able to complete an increased number of inspections due to the building
inspector on average working 10 hours of overtime every week as well as the Building Official working
an average of 55 hours per work. However, there is no plan in place for backing up the staff for vacations
and there is concern over burning out the existing resources.
The current staffing of the Lake Elmo Building Department is set at one Building Official and one
combination building inspector for 2016 who can perform 3,500 to 4,000 inspections working an average
of 50 hours per week each. The building department recommendation for the 2017 budget includes the
addition of one FTE combination building inspector effective 1/1/17 to meet the current and future needs
projected.
The department conducted 3,670 inspections from January 1, 2016 through July and it is anticipated that
over 8,000 inspections will be requested and completed by December 31, 2016 based on the current trend
of scheduled inspections and anticipated workload of the commercial projects listed above.
The Lake Elmo Building Department conducts plan review and field inspection for all permitted
construction projects in the city. The building department staff also responds to and administers property
maintenance complaints, works with developers, contractors and residents in a wide range of capacities
from plan review to guidance and local ordinance interpretation. On average, 2,000 field inspections per
year accounts for approximately 6 work hours per work day. One hour per day on average should be
dedicated to field inspection follow up work, recording inspections, follow up correspondence with
builders, etc. Two hours per day on average should be allocated to plan review duties.
The Lake Elmo Building Department has set the following performance standards for duties assigned as
primary responsibilities:
Residential Plan Review, New Construction: 2 weeks from submittal
Residential Plan Review, Remodel or Alteration: 1 week from submittal
Commercial Plan Review, New Construction: 3 weeks from submittal
Commercial Plan Review: Addition/Alteration: 1 week from submittal
Completing Inspection requests: The requests for inspections is currently set at 24 hour notice.
The inspection schedule is often filled as needed and many inspection requests are accommodated either
next day or same day as times are available.
Budget Impact
The 2016 Building Department Budget is set at $260,765.91
The budget projections through December 31, 2016 project a total expense of $212,972.31.
Budget revenue projected from the Building Department for 2016 was set at $873,629.00.
Budget revenue was revised and projected at June 30, 2016 from the Building Department for 2016 to be
$1,104,600.75.
The actual Building Department revenue is currently projected to exceed the original 2016 budget
projections as well as the revised projection made in June 2016 and can be seen in the table below.
There will be no negative impact to the 2016 budget as the actual Building Department revenue far
exceeds projections. It is anticipated that the cost for filling the position the remaining of 2016 is
approximately $20,000.00.
Projected Projected
(6/30/16) (8/17/16)
2016 2016 2016
Budget Actuals Actuals
Revenue $873,629 $1,104,601 $1,500,000
Expense $260,766 $226,930 $226,930
Net $612,863 $877,671 $1,273,070
Staffing Request
Due to the current new construction demand, it is requested the FTE combination building inspector
position requested in the 2017 Building Department budget be recruited and filled as soon as possible to
meet current and forecasted future workload demands.
The current trends show the new construction market to be very strong and expectations are that the
workload levels for the Building Department support this new position for a minimum of 5 years out
based on the projected average new home build outs.
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
The City of Lake Elmo offers competitive pay and benefits in addition to professional development opportunities to all employees. The city’s number one value statement is to foster an environment based on trust and ethics. These philosophies and practices help the City in recruiting and retaining exceptional employees.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Accepting Applications for the Position of: BUILDING INSPECTOR
SALARY: $26 - $32 /hr
OPENING DATE: 9/8/2016
CLOSING DATE: 9/22/2016
POSITION TITLE: Building Inspector
DEPARTMENT: Department of Building Safety
ACCOUNTABLE TO: Building Official
PRIMARY OBJECTIVE: This individual will perform all functions of the Department of Building Safety to assist and maintain compliance with the State Building Code and City of Lake Elmo Municipal Code. Delivering service, solutions, education, and efficiency while facilitating positive relationships with residents, contractors, and design professionals.
ESSENTIAL FUNCTIONS OF THE POSITION
1. Perform plan reviews and building inspections on all types of building structures (commercial, industrial and residential) to ensure that they meet the MSBC and City of Lake Elmo Municipal Code. 2. Communicate with architects, engineers, contractors and property owners to interpret and clarify code requirements. 3. Maintains record of erosion control violations and coordinates the City’s enforcement of erosion control requirements for new construction. 4. Verifies that site construction activity is in conformance to approved plans, coordinates City action to bring non-compliant sites into compliance. 5. Ensure complaints involving building codes, related ordinances and nuisance investigations, are m
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
managed in a timely manner. Initiate appropriate action regarding violations that are not corrected. 6. Keep abreast of innovations and developments in the construction industry and how changes in materials and construction practices relate to code requirements. 7. Responsible for keeping Building Official informed of issues and proactively working through for solutions. Recommends procedures and policies in cases not clearly covered by codes and ordinances. 8. Responsible for ensuring department reports are completed and accurate.
PERFORMANCE CRITERIA
Skills in mediation, complaint resolution and problem solving.
Team player with the ability to collaborate and implement effective customer service.
Strong initiative to improve processes and productivity.
Ability to effectively use a computer and various software programs, including software for tracking building inspections and permitting activity.
Ability to maintain a positive and effective working relationship with council, commissions, businesses, designers, contractors, residents and staff.
Ability to communicate effectively, both orally and in writing.
Thorough knowledge and understanding of the pertinent state and local codes and licensing requirements applicable to the City of Lake Elmo and the legal aspects of code administration.
Ability to read and interpret plans, specifications, engineering and architectural project drawings, and electronic documents accurately and to compare them with construction in progress.
Ability to enforce codes and ordinances firmly, tactfully and impartially and deal with difficult situations.
Understanding and experience working with best management practices for construction activity.
Develop and maintain effective working relationships with City departments & Authorities having jurisdiction.
Ability to physically move about all areas of construction properties to carry out duties.
Ability to manage multiple projects and meet deadlines working in a fast paced environment.
MINIMUM QUALIFICATIONS
• State Certification as State Building Official
• 2 Year A.A.S degree in construction.
• Three years’ experience in construction public or private sector.
• 2 years’ experience in building inspections.
• Experience with Microsoft Products (Word, Excel, PowerPoint)
• Valid MN Driver’s License
DESIRABLE QUALIFICATIONS
• Experience with inspections, property maintenance, sign permits and/or planning and zoning in Public Sector
• Certification from ICC in fire and or building inspections.
SUPERVISION RESPONSIBILITIES
3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651.747.3900
N/A
PHYSICAL REQUIREMENTS Positions in this class typically require: sitting, feeling, manual dexterity, grasping, talking, and hearing, typing, and seeing. The individual may encounter unexpected and prolonged workdays and stress and pressures from dealing with emotional issues and conflicts. There is sustained exposure to computer keyboards and video screens. This position is light duty and may require the exertion of up to 20 pounds of force on occasion or a negligible amount of force frequently to lift, carry, push, pull or otherwise move objects. Work is performed in both office and field settings year round. Some of the employee’s time is spent in field inspections associated with code enforcement and development cases. Sufficient mobility is necessary to navigate natural terrain and construction sites. PLEASE APPLY BY CLOSING DATE: 9/22/16
SEND COVER LETTER, RESUME, LAKE ELMO APPLICATION AND REFERENCES TO: CITY OF LAKE ELMO ATTN: Julie Johnson, CITY CLERK 3800 LAVERNE AVENUE NORTH, LAKE ELMO, MN 55042 PLEASE VISIT OUR WEBSITE AT WWW.LAKEELMO.ORG FOR ADDITIONAL INFORMATION/APPLICATION OR CONTACT US AT 651.747.3900 CITY OF LAKE ELMO IS AN EQUAL OPPORTUNITY EMPLOYER
Lake Elmo Building Department
Our mission is to provide professional plan review, permitting and inspection of building construction
projects to ensure a safe built environment for all those who live and work in the City of Lake Elmo.
Request for increase in staffing:
As presented in detail during the 2017 budget review process, the Lake Elmo Building Department is
experiencing an increase in workload due to a variety of reasons. The workload for the department related
to residential new construction is directly related to the real estate market, and the real estate market for
new home construction in Lake Elmo is strong.
It is requested that the FTE combination building inspector position requested in the 2017 Building
Department budget (effective 1/1/17) be moved forward, recruited and filled as soon as possible to meet
current and forecasted future workload demands.
The alternative of using an external contracted resource was reviewed. The use of such a resource creates
inconsistencies in inspections, workload and established relationships with our customer base. Utilizing a
contract based inspector as a supplement to staff positions would only address a long term need with a
short term solution. It is estimated that the lost revenue from utilizing a contract inspector to the City
would be double the fully loaded cost to hire the proposed FTE.
Workload
The City of Lake Elmo Building Department has issued 139 new construction home permits from January
1, 2016 through August 17, 2016. There are currently 39 new construction home permits in for permit or
awaiting development release for permit. When preparing the 2017 budget information in June, the
building department estimated 202 new home build outs based on permit trends at that time. Based on the
activity since that time, the building department is on pace to issue over 250 residential new construction
permits in 2016.
The City of Lake Elmo Building Department currently has several large scale commercial construction
projects started.
The Northeast Metro Intermediate School District 916 Pankalo Elementary School project located
at 8568 Eagle Point is a 78,000 sf public school project under construction.
The Arbor Glen Senior Living project permit has been issued and construction is beginning at
11020 39th Street North.
The Oak-Land Junior High School addition and remodel at 820 Manning Avenue is scheduled for
completion by the time school starts up.
The Health Partners Specialty Dental Clinic build-out located at 8515 Eagle Point Boulevard is
scheduled for completion in October.
The new construction value of these commercial projects permitted from January 1, 2016 through August
17, 2016 is $84,335,275.11; generating permit revenue of $198,415.90 and plan review revenue of
$45,136.43. Included in these numbers was unbudgeted revenue of $189,481.33 in permit revenue and
$45,136.43 in plan review fees due to the building official having certifications and delegation authority
with the State of Minnesota allowing for the work to be done in-house rather than by the State
Department of Labor and Industry Construction Codes and Licensing Division inspector.
The number of inspections associated with large scale commercial projects varies according to the scope
and type of the project. A project similar to the Pankalo school project will command several hundred
inspections during the course of the project while a project such as the Arbor Glen Senior Living project
will require between 800 and 1,000. Commercial inspections tend to differ from residential inspections;
the time required to perform a commercial inspection is generally longer than a similar type of inspection
on a residential project.
Performance Standards/Expectations
A combination building inspector performance standard for average number of field inspection is 2,000
+/- inspection annually. This performance matrix allows time in a daily schedule for plan review and
other duties associated with the position. A working Building Official can typically perform 1,200 to
1,500 inspections annually. The reduced number of field inspections is due to management and
supervisory duties, administering the code enforcement program, and concentrating the field inspection
workload on the commercial projects.
The current staff has been able to complete an increased number of inspections due to the building
inspector on average working 10 hours of overtime every week as well as the Building Official working
an average of 55 hours per work. However, there is no plan in place for backing up the staff for vacations
and there is concern over burning out the existing resources.
The current staffing of the Lake Elmo Building Department is set at one Building Official and one
combination building inspector for 2016 who can perform 3,500 to 4,000 inspections working an average
of 50 hours per week each. The building department recommendation for the 2017 budget includes the
addition of one FTE combination building inspector effective 1/1/17 to meet the current and future needs
projected.
The department conducted 3,670 inspections from January 1, 2016 through July and it is anticipated that
over 8,000 inspections will be requested and completed by December 31, 2016 based on the current trend
of scheduled inspections and anticipated workload of the commercial projects listed above.
The Lake Elmo Building Department conducts plan review and field inspection for all permitted
construction projects in the city. The building department staff also responds to and administers property
maintenance complaints, works with developers, contractors and residents in a wide range of capacities
from plan review to guidance and local ordinance interpretation. On average, 2,000 field inspections per
year accounts for approximately 6 work hours per work day. One hour per day on average should be
dedicated to field inspection follow up work, recording inspections, follow up correspondence with
builders, etc. Two hours per day on average should be allocated to plan review duties.
The Lake Elmo Building Department has set the following performance standards for duties assigned as
primary responsibilities:
Residential Plan Review, New Construction: 2 weeks from submittal
Residential Plan Review, Remodel or Alteration: 1 week from submittal
Commercial Plan Review, New Construction: 3 weeks from submittal
Commercial Plan Review: Addition/Alteration: 1 week from submittal
Completing Inspection requests: The requests for inspections is currently set at 24 hour notice.
The inspection schedule is often filled as needed and many inspection requests are accommodated either
next day or same day as times are available.
Budget Impact
The 2016 Building Department Budget is set at $260,765.91
The budget projections through December 31, 2016 project a total expense of $212,972.31.
Budget revenue projected from the Building Department for 2016 was set at $873,629.00.
Budget revenue was revised and projected at June 30, 2016 from the Building Department for 2016 to be
$1,104,600.75.
The actual Building Department revenue is currently projected to exceed the original 2016 budget
projections as well as the revised projection made in June 2016 and can be seen in the table below.
There will be no negative impact to the 2016 budget as the actual Building Department revenue far
exceeds projections. It is anticipated that the cost for filling the position the remaining of 2016 is
approximately $20,000.00.
Projected Projected
(6/30/16) (8/17/16)
2016 2016 2016
Budget Actuals Actuals
Revenue $873,629 $1,104,601 $1,500,000
Expense $260,766 $226,930 $226,930
Net $612,863 $877,671 $1,273,070
Staffing Request
Due to the current new construction demand, it is requested the FTE combination building inspector
position requested in the 2017 Building Department budget be recruited and filled as soon as possible to
meet current and forecasted future workload demands.
The current trends show the new construction market to be very strong and expectations are that the
workload levels for the Building Department support this new position for a minimum of 5 years out
based on the projected average new home build outs.
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: September 6, 2016
REGULAR
ITEM # 18
AGENDA ITEM: Old Village Sanitary Sewer Extensions – Discussion on Capital
Improvement Phasing and Assessment Plan
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Cathy Bendel, Finance Director
Chad Isakson, Assistant City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ...................................................................... City Engineer
- Report/Presentation ....................................................................... City Engineer
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Staff/Finance Committee.
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to provide
direction to staff regarding the Old Village Sanitary Sewer Assessment methodology in preparation for
the Phase 1 Improvements final assessment hearing. Staff will lead a brief presentation regarding the
future sanitary sewer capital projects to be completed in the Old Village together with the potential
assessment amounts based upon varied cost allocation methodologies. The presentation will include a
recommendation from staff and the Finance Committee to base the Sanitary Sewer assessments on th e
total cost for the overall extension of sanitary sewer improvements needed to replace all (or substantially
all) existing private wastewater systems in the Old Village area.
PROJECT BACKGROUND: The Phase 1 Old Village Street, Drainage and Utility Improvements have
been substantially completed and the final assessment hearing for the improvements will be held on
October 20, 2016. Staff will be presenting a resolution on September 20, 2016 to declare costs to be
assessed, the final assessment rolls to be prepared and call for a final assessment hearing. The Phase 2 Old
Village Street, Drainage and Utility Improvements are currently in construction, to be substantially
completed by the end of the 2016 construction season. The final assessment hearing for the Phase 2
Improvements will be held in September/October 2017.
City Council Meeting [Regular Agenda Item 19]
September 6, 2016
-- page 2 --
The Feasibility Reports for both project phases presented the preliminary assessment amount s to be based
on the total cost for the extension of sanitary sewer for both Phase 1 and Phase 2 of the improvements,
divided by the total number of REC’s (or SAC’s) connecting to the sewer main. Each benefitting
property’s assessment was then determined based on how many REC’s it contains. From this analysis, the
proposed per REC preliminary unit assessment was originally $14,000 and more recently reduced to
$13,000.
Looking ahead, staff has prepared preliminary cost estimates for several future lateral sewer extension
projects within the Old Village area as part of the City’s capital improvement planning process. Through
these efforts staff has identified the potential for a wide range of sanitary sewer assessment amounts for
different neighborhoods. Because the long range planning efforts have always focused on maintaining a
fair and equitable distribution of the sewer costs within the Old Village area, staff is proposing that the
Council consider amending the assessment methodology to create one unit assessment amount for all
properties with existing septic systems to be served by sanitary sewer in the Old Village.
Adopting this recommendation would loosely commit the City to pursue the remaining lateral sanitary
sewer projects over the next 3-5 years in order to contain cost increases over an extended period of time.
However, it should be noted that there is already some interest in completing some of these projects. Staff
has received two signed sanitary sewer petitions requesting projects be pursued for their properties so
staff is also looking for council direction regarding the phasing and schedule for these improvements.
RECOMMENDATION: Staff is recommending that the City Council provide direction to staff
regarding the Old Village Sanitary Sewer Assessment methodology in preparation for the Phase 1
Improvements final assessment hearing. It is recommend direction be provide to staff by adopting one of
the following motions:
“Move to direct staff to prepare the Phase 1 Improvement Final Assessments for Sanitary Sewer on the
basis of the total cost for the overall extension of sanitary sewer improvements needed to replace all
existing private wastewater systems in the Old Village area, divided by the total number of REC’s (or
SAC’) connecting to the sewer main.”
OR
“Move to direct staff to prepare the Phase 1 Improvement Final Assessments for Sanitary Sewer in
accordance with the approved feasibility reports basing the unit assessments on the total cost for the
extension of sanitary sewer for only the Phase 1 and Phase 2 improvements, divided by the total
number of REC’s (or SAC’) connecting to the sewer main.”
ATTACHMENT(S):
1. None.
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: September 6, 2016
REGULAR
ITEM #19
MOTION
AGENDA ITEM: Financing Matters Related to the Downtown Project
SUBMITTED BY: Lake Elmo Finance Committee
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Cathy Bendel, Finance Director
Kristina Handt, City Administrator
Finance Committee Chair Fliflet
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: Lake Elmo Finance Committee
FISCAL IMPACT: NA
SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve the
recommendations proposed by the Finance Committee related to the downtown project fees and
assessments and to direct staff to update the special assessment policy to reflect these changes.
BACKGROUND INFORMATION: For a number of months, the City Finance Committee has
been viewing and discussing a number of avenues to alleviate the financial burden to the
taxpayers who are part of the Lake Elmo Avenue Downtown Project. The following summarizes
the recommendations that came out of those meetings.
City Council Meeting [Consent Agenda Item #19]
September 6, 2016
-- page 2 --
The following two items have already be approved by the City Council:
All costs and assessments for Phase I and Phase I were treated as one project for
calculating assessments
An early connection incentive was recommended and approved for those properties
connection to the sewer system within one year of being made available.
The following still need review and approval by the City Council:
Decrease the interest rate being charged on special assessments from 2% over the bond
rate to 1% over the bond rate.
Allow special assessments to be financed for 5 years longer than the City bonding cycle
(streets for up to 15 years and utilities for up to 20 years)
Allow existing residents to be allowed to defer through special assessment City
Connection fees
Approve that the City participate in the Met Council deferral program which will allow
residents and businesses to participate in this Met Council program with the Met Council.
RECOMMENDATION: Based on the aforementioned, staff recommends the City Council
approve the recommendations from the Lake Elmo Finance Committee as follows:
“Move to approve the four recommendations listed and updated the special assessment
policy to reflect those changes”
OR
“Move to approve the following recommendations; ________________ and update the
special assessment policy to reflect those changes”
ATTACHMENT:
1. Detailed recommendation listing from the 8/10/16 Finance Committee meeting
MAYOR AND COUNCIL COMMUNICATION
DATE: 09/06/2016
Regular
ITEM #: 21
AGENDA ITEM: Tablyn Park Pricing
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Kristina Handt, City Administrator
Rob Weldon, Public Works Director
BACKGROUND:
At its meeting on June 21, 2016, the City Council made a motion to approve an expenditure of up to
$46,000 for improvements to Tablyn Park that included stairs to the parking lot, ADA-compliant
switchback trail, and entrance lighting.
Staff has since received bids for the aforementioned and is asking Council to approve these costs.
ISSUE BEFORE COUNCIL:
The Council is requested to approve the expenditure of a total of $41,257.84 for the construction of stairs
to the parking lot, accessibility trail, and entrance lighting.
PROPOSAL DETAILS/ANALYSIS:
The table below provides a summary of the quotes gathered. Attached are details of the quotes:
Amenity Option Bid Price
Steps to
Parking
Lot
#1 – Jim Weber General Contracting, Inc.
• Removal/disposal of existing wood steps
• Broom finished
• 4500 PSI, 6% air entrained concrete
• #3 rebar throughout
• Cured and sealed
$19,250.00
#2 – St. Croix Concrete
• Removal/disposal of existing wood steps
• New class 5 base, 4” thick
• 4”-10” thick concrete with 1/2” rebar every 2 feet on center
• 4500 PSI concrete w/air entrained agent
• Proper control joints to reduce risk of cracking
• Cured and sealed
$16,904.84
City Council Meeting 09/06/2016 Regular Agenda Item #21
Page 2
Lighting #1 – Xcel Energy Standard Service Underground
• LED cobra fixtures
-$3,572.00
upfront
installation
cost
-$18.92
monthly
under-
ground rate
per
luminaire
#2 - Xcel Energy Pre-Pay Option
• LED cobra fixtures (reference photo above)
-$9,503.00
upfront
installation
cost
-$4.89
monthly
under-
ground rate
per
luminaire
#3 - Xcel Energy Pre-Pay Option
• Evans fixtures
-$22,460.10
upfront
installation
cost
-$6.94
monthly
under-
ground rate
per
luminaire
Repaving
trail from
parking lot
and adding
new trail
connecting
stairs to
parking lot
and
connecting
looping
trail to
playground
#1- Brochman Blacktopping Co
• Remove existing trail and replace to 8 feet wide
• Does not have a machine to replace 6 foot wide trails
$19,900
#2-T.A. Schifsky
• Remove existing trail and replace to 8 feet wide
$20,000
#3-T.A. Schifsky
• Remove existing trail and replace to 6 feet wide
$14,850
City Council Meeting 09/06/2016 Regular Agenda Item #21
Page 3
Note about Trail Quotes. It should be noted that the quotes provided are not for an ADA-compliant
switchback trail. Staff has further evaluated the site, and creating an accessible switchback trail that
would be ADA-compliant would require a significant amount of grading, a very large amount of fill,
possible disturbance of wetland and drainage area, and a substantial number of trees removed (attached
photos are provided showing this). Therefore, the quote provided is to redo the existing trail that connects
the parking lot to the area below. The existing looping trail connects to 27th Street Court N, so with the
addition of trails that connect to the playground area, access is provided to the playground area.
Recommended Options. Staff would recommend Option #2 of the stairs to the parking lot based on the
lower price. Option #2 of the lighting would also be recommended based on the lower monthly cost and
the existence of park dedication funds that can cover this upfront cost. Option #3 for the trail
improvements is recommended as staff feels the 6-foot wide trail that exists is an adequate width.
FISCAL IMPACT:
The cost from the Parks Fund will be $41,257.84, which is $4,742.16 less than the amount Council
directed Staff to not exceed of $46,000.
OPTIONS:
The Council may choose to accept any combination of the aforementioned bids.
RECOMMENDATION:
Staff recommends that the Council approve the following bids:
• Steps to parking lot: Option #2
• Lighting: Option #2
• Accessibility trail improvements: Option #3
“Move to approve the following bids for improvements to Tablyn Park, totaling an expenditure of
$41,257.84: Steps to the parking lot: Option #2; lighting: Option #2; Trail improvements: Option#
3.”
ATTACHMENTS:
• Quotes
• Tablyn Park Plan
4/13/16
Approved
entrance
lighting
<------------
<-----
-
-
-
-
-
-
-
Repaved Trail
(would not be
switchback as
shown)
<------------
Approved Concrete
Steps to Parking
Lot
<-
-
-
-
-
-
-
-
New Trail
<----
-
-
-
-
-
-
-
-
<--------
-
-
From:Jay Weber
To:Emily Becker
Subject:Concrete (Jim Weber General Contracting, Inc)
Date:Thursday, June 30, 2016 5:53:57 PM
Hello Emily,
I apologize for taking so long to send this over. I thought I had sent it earlier this week but
just came my bid sheet (and it wasn't in my sent folder...)
We appreciate your interest in our companies services. Below is our bid for the work
discussed at Tablyn Park. Let me know if you have any questions.
*Emily you had asked for a recommendation of the railing... I think that the existing railing
is just fine, but it is missing a section at the top. If that is replaced I think that we could put
the concrete steps close enough to the railing (as the current steps are) so that there is not
need to replace it.
*Let me know if you'd like to have us send over a W-9 and a Cert. of insurance.
Steps
Removal & disposal of existing wooden steps.
Install ~45 new concrete steps to the same dimensions of the previous wooden steps (4'
Wide steps running ~104' @6" high each).
Broom Finished.
Cured & Sealed.
4500PSI, 6% Air Entrained Concrete.
#3 Rebar throughout.
Bid:$19,250
All labor, materials, and tax included.
Work completed in a timely manner.
The work site kept orderly throughout the project and cleaned afterward.
Proper barricades (caution tape, cones, safety fence, etc) will be in place any time that is
appropriate.
Payment terms are Net 30. We accept Cash, Check, & Card (3% is added for the use of
card).
In our 36 years in business we have learned what it takes to create lasting concrete
products. We continue to educate ourselves in the industry through certifications like our
American Concrete Institute –Flatwork Finisher & Technician certification. It is our promise
to our customers that we use all of our knowledge, not skipping any steps, to provide only
the highest quality concrete products.
I hope that you’ve had a nice day. We look forward to working with you.
-Jay Weber
Jim Weber General Contracting, Inc.
1918 Greeley Street South
Stillwater, MN 55082
(651) 468-1065 Cell
(651) 439-3237 Office
(651) 439-6169 Fax
jay@jimwebergc.com Email
MN LIC#: BC693081
St. Croix Concrete, Inc. | 649 Schilling Circle NW. | Forest Lake, MN 55025 | 651.204.9044
Thank you for your business!
CONCRETE BID PROPOSAL
OWNER INFORMATION CONTRACTOR INFORMATION
Company City of Lake Elmo Company St. Croix Concrete, Inc.
Name Emily Becker Name Dustin Dahlblom
Address Tablyn Park, Stillwater Blvd Address 3303 Lake Elmo Ave. N.
City, State ZIP Lake Elmo, MN 55042 City, State ZIP Lake Elmo, MN 55042
Phone 651-747-3912 Phone 612-213-9637
Email Email dustind@stcroixconcretemn.com
Date 7/5/16 PO N/A
SCOPE OF WORK
1) New Concrete Steps:
Demo, remove and properly dispose of existing wood steps. Sub cut current base and make way for new class 5 base
roughly 4” thick as needed. Grade and compact new class 5 base. Form and pour new steps.
Concrete will consist of. 4” to 10” thick concrete with 1/2” rebar every 2 feet on center. 4500 PSI concrete with air
entrained agent. Proper control joints to reduce risk of cracking. Seal with a coat of cure and seal.
Based on 516 sq. ft. at $9.99 per square foot – Total: $5,154.84
43 – 6” X 4’ wide steps at $250 each – Total: $10,750.00
Concrete pump truck to place the concrete - $1,000.00
Total: $16,904.84
NOT INCLUDED
- Additional square feet above and beyond what is quoted in this proposal will be billed out at the same price
- Although St. Croix Concrete does our best not to disturb our customer’s property too much while working to place our
concrete, sometimes additional landscaping is needed to compliment the new concrete and to repair any wear that occurs
by our machines. Landscaping is not included in this bid.
COMPANY PROPOSAL
Notice to property owner:
Any person or company supplying labor or materials for this improvement to your property may file a lien against your propert y if that
person or company is not paid for the contributions. Under Minnesota law you have the right to pay persons who supplied labor or
materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until
120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or materials for
St. Croix Concrete, Inc. | 649 Schilling Circle NW. | Forest Lake, MN 55025 | 651.204.9044
Thank you for your business!
the improvement and who gave you timely notice.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practi ces. Any
alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra
charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Pro jects are
bid at normal wage rates unless specified as prevailing wage or other on this proposal.
Due to climate, soil conditions, shrinkage and other relative issues, cracking of concrete is common and typically not a stru ctural concern.
Control joints are placed within industry standards to help control cracking but may not prevent it; therefore, cracking is not a warrantable
item. If cracks of over 3/8” in width occur, they will be addressed per circumstance and warranted as applicable. Furthermore, cracking
or displacement due to settling of soils whether from lack of compaction or presence of frost is also not a warrantable item .
From time to time, SCC may sub some of their work to qualified and experienced Subcontractors. The work performed by the
Subcontractor shall be at the risk of the Subcontractor exclusively. Customer hereby indemnifies and holds SCC, its parent and affiliates
and their respective officers, directors, employees and agents, harmless from and against any and all claims, actions, losses, judgments,
or expenses, including reasonable attorneys fees, arising from or in any way connected with the work performed, materials fur nished, or
services provided to SCC during the term of this Agreement.
SCC recommends sealing all concrete with approved sealers to help prevent damage and to keep concrete looking it's best. SCC does
not recommend the use of deicers on concrete whether the manufacturer states that it is safe to use or not. Damage to concre te from
direct use of deicers or indirect tracking of deicers onto concrete (by a vehicle, etc.) is considered to be beyond our control and is n ot
warrantable.
Color, whether integral or not, may differ in appearance from truck to truck and pour to pour.
Heated ready-mix material charges to be applied to all pricing between November 1st and April 15th and will be above and beyond the
proposal pricing (typically 7% additional) unless stated as included or specified differently in t his bid on the previous pages.
Protection of concrete from freezing temperatures is recommended by SCC per ACI specifications and is to be the contractor’s
responsibility unless noted otherwise in this bid. Furthermore, SCC does not recommend the use of un-vented heaters due to the
probability of dusting occurring. Dusting or damage due to freezing are not warrantable items.
Road postings begin in the spring of each year dependent upon temperatures and ground thaw. Due to the volatility in beginni ng and
ending dates, charges for additional trucks during road postings will be billed at the current rate and will be above and be yond the
proposal price unless stated as included in this bid on the previous pages.
We hereby propose to furnish material and labor – complete in accordance with these specifications, for the sum of: Dollars (per square
footage above)
Payable as follows: 50% paid up front, balance paid upon completion. 10% interest thereafter. Legal fees to be additional if applicable.
This Proposal / Contract become binding by acceptance on signature page or scheduling of work. It may be wi thdrawn by SCC if not
accepted within 30 days. SCC may require this Proposal / Contract to be signed, dated and returned prior to commencement of work.
OWNER ACCEPTANCE
ACCEPTANCE OF PROPOSAL BY CUSTOMER:
Signature: ______________________________________ Date:_________________________
The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as spe cified.
Payment will be made as outlined above.
SCC AUTHORIZED SIGNATURE:
Signature: ______________________________________ Date:_________________________
August 22, 2016
City of Lake Elmo
Attn: Emily Becker
3800 Laverne Avenue North
Lake Elmo, MN 55042
Xcel Energy Outdoor Lighting is pleased to have an opportunity to submit a proposal for the City of Lake
Elmo street light project. Our goal is to provide you with the necessary information to assist you in your
decision making process. We are confident we can provide you with a comprehensive package that will
meet all your needs.
Please find below styles of product and the estimated project costs. This proposal includes all underground
facilities installed using the plowing or boring method for conduit and wire and the installation of each of the
following material. If successful in acquiring the identified project, delivery of the specified product could take
8 to 10 weeks:
Tablyn Park Street Light Project:
1. The Standard Service Underground upfront installation cost is - $3,572.00.
The monthly underground rate (A30) 50-75W LED per luminaire is - $18.92.
Install 2-50-75W (6,000 Lumens) LED cobra fixtures on 30’ direct buried fiberglass poles.
Install 3 overhead spans and install by plow approx. 375’ of #6 AL DX in 1 ½” conduit.
Restoration is not included.
2. The Pre-Pay Option upfront installation cost is - $9,503.00.
The monthly pre-pay option rate (A30) 50-75W LED per luminaire is - $4.89.
Install 2-50-75W (6,000 Lumens) LED cobra fixtures on 30’ direct buried fiberglass poles.
Install 3 overhead spans and install by plow approx. 375’ of #6 AL DX in 1 ½” conduit.
Restoration is not included.
3. The Pre-Pay Option upfront installation cost is - $22,460.10.
The monthly pre-pay option rate (A30) 150W HPS per luminaire is - $6.94.
Install 2-150W HPS Evans fixtures on 28’ base mounted steel poles.
Install 3 overhead spans and install by plow approx. 375’ of #6 CU wires in 1 ½” conduit.
Restoration is not included.
Included in the monthly street light rate is full maintenance of the street light system. Maintenance of the
system covers the pole, fixture, conduit and wiring, as well as facilitation of any locating and damage
administration for 25 years under our Pre-Pay Option. If you have any questions please call me at
651.229.2255.
Sincerely,
Angela Adesoro
Project Coordinator, Xcel Energy
825 Rice Street
St. Paul, MN 55117
MAYOR AND COUNCIL COMMUNICATION
DATE: 09/06/2016
CONSENT
ITEM #: 21
AGENDA ITEM: Easton Village Additional Cost Approval Request
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
At the April 5, 2016 City Council meeting, the Council directed Staff to coordinate with Easton Village
developer to grade the park pad and to install concrete curbing while Easton Village crews on site, to
purchase proposed large park amenities and have amenities installed this summer. The estimated cost for
this project was $75,000, which included installation, rubber mulch, curbing, and grading.
The actual cost of the playground equipment, including rubber mulch and installation, came in to be
$71,927.52. The staff report from the April 5, 2016 City Council meeting stated the estimated cost of
installation of concrete curbing would be $2970.
On August 3, 2016, the Easton Village developer met with Staff to discuss the poor drainage
underneath the swings of the playground area and the need for draintile. Public Works Staff
suggested that the developer install the draintile along with the concrete curbing. The developer
was asked to provide a quote for the draintile so the cost could be approved by Council. A few
weeks later, Staff was made aware that draintile had been installed without a Council approved
quote. Staff contacted the developer regarding the installation, and the developer communicated
that it was felt that the lack of drainage was creating a safety issue, so their contractor was
directed to install the draintile (the concrete curbing has not yet been installed). The developer
then provided a quote of $7241.50 for the installation of concrete curbing and $3475.00 for the
draintile, totaling $10,716.50. It should be noted that the quote does not include site
surveying/staking, soil conditionaing, testing, bonds, permits or turf restoration.
ISSUE BEFORE COUNCIL:
The Council is requested to approve the additional cost for the installation of draintile for Easton Village
Park. With the installation of the playground equipment, the revised, total cost of the project will be closer
to $82,644.02, as compared to the $75,000 budgeted for this project.
PROPOSAL DETAILS/ANALYSIS:
City Council Meeting 09/06/2016 Consent Agenda Item #22
Page 2
The first attached photo shows what the playground had looked like without the draintile. The water had
nowhere to drain, and the playground could not be safely utilized as a result. The second photo shows that
the draintile properly drained the playground area.
Staff asked the developer why the quote for the concrete curbing was so much more than what was quoted
in the April 5, 2016 City Council Staff Report, and the developer replied that he believes that quote was
for the plastic curbing, which Staff did not recommend installing due to its inferior durability. Staff has
confirmed that the quote provided for concrete curbing, though higher than the cost estimate provided at
the April 5, 2016 Council meeting, is reasonable; the seemingly high per square foot cost could be
attributable to the smaller size of the park’s perimeter.
FISCAL IMPACT:
The total cost of the playground will be $82,644.02, $7644.02 more than what was budgeted for the park.
OPTIONS:
Approve reimbursement of draintile cost and increased cost estimate for concrete curbing.
Deny reimbursement of draintile cost and increased cost estimate for concrete curbing.
Approve reimbursement of draintile and direct Staff to gather bids for concrete curbing.
Approve reimbursement of draintile and direct that the developer install plastic curbing,
decreasing the cost.
RECOMMENDATION:
Staff recommends that Council approve, as part of tonight’s consent agenda, the additional cost for
installation of concrete curbing and draintile in Easton Village Park. The base bid given for the
installation of draintile and concrete curbing is $10,716.50. If the Council chooses to remove this
item from the Consent Agenda, the recommended action can be take through the following motion:
“Move to approve reimbursement of $10,716.50, plus possible necessary excluded costs listed on
the bid, to Easton Village developer for the installation of draintile and concrete curb once all
work on the aforementioned is complete.”
ATTACHMENTS:
Quote from Easton Village
Photos of playground before and after draintile was installed.
Easton Village playground equipment invoice
City Council Meeting 09/06/2016 Consent Agenda Item #22
Page 3
Photos of Easton Village Park Without Draintile
Installed
City Council Meeting 09/06/2016 Consent Agenda Item #22
Page 4
Photos of Easton Village Park With Draintile Installed
City Council Meeting 09/06/2016 Consent Agenda Item #22
Page 5
PROPOSAL
FRIEDGES, INC.
Landscaping · Excavating Contractors
9380 202nd Street West, Lakeville, MN 55044
(952) 469-2996 · Fax: (952) 469-1755
Job: Lake Elmo Playground
Date
8/19/16
STREET
CITY, STATE and ZIP CODE
Lake Elmo, MN
JOB LOCATION
ARCHITECT
DATE OF PLANS
JOB PHONE
We Propose hereby to furnish material and labor – complete in accordance with specifications below, for the sum of:
* * * See Below * * *
All material is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to standard practices. Any alteration or deviation
from specifications below involving extra costs will be executed only upon written
orders, and will become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or delays beyond our control.
Owner to carry fire, tornado, and other necessary insurance. Our workers are
fully covered by Workman's Compensation Insurance.
Authorized
Signature ______
Note: This proposal may be withdrawn by us if not accepted
within 30 (thirty) days.
Work for Playground
We hereby submit the following:
350LF of Playground Curb Furnished and Installed @ $20.69/LF Total: 7,241.50
Includes base work
Core Drill Drain Tile into existing Structure and 316LF of 4” Drain Tile, Fabric and Rock running from structure to city’s
specified location @ $3,475.00
Grand Total: $10,716.50
Excludes:
*Site Survey/ Staking
*Soil Conditioning/ Testing
*Bonds
*Permits
*Turf Restoration
PLEASE CALL IF YOU HAVE ANY QUESTIONS
Acceptance of Proposal – The above prices; specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
By signing you have read and are familiar with the Minnesota Mechanic's Lien Law.
Signature ________________ Date ________