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HomeMy WebLinkAbout1-16-18 meeting packet 1 of 2 NOTICE OF MEETING City Council Meeting Tuesday, January 16, 2018 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Accept Minutes 1. December 19, 2017 (Regular and Special Meeting); January 2, 2018 (Regular and Special Meeting) D. Public Comments/Inquires E. Presentations 2. 2018 Kindness Campaign Proclamation G. Consent Agenda 3. Approve Payment of Disbursements and Payroll 4. Accept December 2017 Assessor’s Report 5. Accept December 2017 Public Works Department Report 6. Accept December 2017 Building Department Report 7. Accept December 2017 Fire Department Report 8. Approve Community Room Use Agreement for Lake Elmo Library 9. CSAH13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Agreement Payment No. 4. 10. Approve Private Development Security Reductions – Southwind; Easton Village 1st; Savona 3rd & 4th. 11. Boulder Ponds 1st Addition – Accept Improvements. 12. Traffic Signal Maintenance Agreements – Approve Cooperative Maintenance Agreements for Traffic Signal Systems at CSAH15 and CSAH10; and at CSAH15 and CSAH14 –Resolution 2018-005 13. Approve Contract for Landscape Architecture Services 14. Approve Revised 2018 Regular Meetings Calendar 15. Approve Therapeutic Massage Premises Permit – Boon Massage and Wellness Center, 11200 Stillwater Blvd. Suite 102 16. Approve Fire Department Training Contract with Dakota County Technical College H. Regular Agenda 17. Wyndham Village Subdivision Sketch Plan Review & Comprehensive Plan Amendment – Resolution 2018- 006 18. Legacy at North Star Preliminary Plat and PUD Plans 19. Interim Ordinance for Comprehensive Plan Amendment Moratorium-Public Hearing – Ordinance 08-195; Resolution 2018-007 20. Assessor Services 21. Purchase Agreement for 3880 Laverne Ave N I. Council Reports J. Staff Reports and Announcements K. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES JANUARY 2, 2018 CALL TO ORDER Mayor Pearson called the meeting to order at 5:15 p.m. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer and Christine Nelson. ABSENT: Councilmembers Fliflet and Lundgren. Staff present: Administrator Handt and City Clerk Johnson. Mardi Kiner, Tucker Pearce and Kathy Weeks were interviewed for appointment to the Planning Commission. Barry Weeks, David Steele and Virginia Pleban were interviewed for appointment to the Parks Commission. Meeting adjourned at 6:35 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2018 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Jill Lundgren and Christine Nelson. ABSENT: Councilmember Fliflet. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, and City Clerk Johnson. APPROVAL OF AGENDA Item 1, “Approve Payment of Disbursements and Payroll,” Item 5, “Appoint City Attorney,” and Item 7, “Approve Expenditure for Mountain Bike Maps” were moved to the Regular Agenda. Councilmember Nelson, seconded by Councilmember Lundgren, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 4 – 0. PUBLIC COMMENTS/INQUIRIES Washington County Commissioner Gary Kriesel provided an update on the Lake Elmo Library transition and thanked the City and library volunteers for their contributions. PRESENTATIONS None CONSENT AGENDA 1. Approve Payment of Disbursements and Payroll 2. Designate Official Depositories of Funds-Resolution 2018-001 3. Designate Official Publication Newspaper of Record – Resolution 2018-002 4. Adopt Resolution Designating Data Practice Officials and Approving City’s Data Practice Policy - Resolution 2018-003 5. Appoint City Attorney (Civil and Prosecution) 6. Appoint City Engineer and Approve Contract 7. Approve Expenditure for Mountain Bike Maps Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 4 - 0. ITEM 1: Approve Payment of Disbursements and Payroll LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2018 Page 2 of 5 Discussion was held concerning payment of an invoice to Confluence on behalf of the Lake Elmo Library. Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE ITEM 1 TO FOLLOW ITEM 15 ON THE AGENDA. Motion passed 4 – 0. ITEM 5: Appoint City Attorney Brief discussion held. Councilmember Lundgren stated she did not agree with the staff recommendation for criminal prosecution. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO APPOINT KENNEDY AND GRAVEN AS CITY ATTORNEY FOR CIVIL MATTERS. Motion passed 4 – 0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPOINT JOHNSON TURNER AS CITY ATTORNEY FOR CRIMINAL MATTERS. Motion passed 3 – 1. (Lundgren – nay) ITEM 7: Approve Expenditure for Mountain Bike Maps City Administrator Handt provided an outline of discussion at a previous workshop regarding mountain bike trails. Councilmember Nelson, seconded by Councilmember Bloyer, moved TO APPROVE THE PARKS COMMISSION’S REQUEST TO APPROVE THE EXPENDITURE OF $1,500 OF PARK DEDICATION FUNDS TO DEVELOP A LINE DRAWING TRAIL MAP FOR SUNFISH AND REID PARK FOR MOUNTAIN BIKE TRAILS. Motion passed 3 – 0 – 1. (Lundgren – abstain) ITEM 8: Appoint 2018 Acting Mayor Councilmember Nelson, seconded by Mayor Pearson, moved TO APPOINT COUNCILMEMBER BLOYER AS 2018 ACTING MAYOR. Motion passed 3 – 0 - 1. (Lundgren – present/not voting) ITEM 9: Appoint Required Officials to Fire Relief Association Board of Trustees Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPOINT FIRE CHIEF MALMQUIST, BUILDING OFFICIAL MIKE BENT, AND COUNCILMEMBER LUNDGREN TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES FOR 2018. Motion passed 4 – 0. ITEM 10: Planning Commission Appointments LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2018 Page 3 of 5 Mayor Pearson, seconded by Councilmember Bloyer, moved TO MAKE TERRY EMERSON AND STUART JOHNSON VOTING MEMBERS OF THE PLANNING COMMISSION FOR TERMS ENDING 12/31/2020. Motion passed 4 – 0. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPOINT TUCKER PEARCE AND KATHY WEEKS TO THE PLANNING COMMISSON AS ALTERNATES 1 AND 2 RESPECTIVELY. Motion passed 3 – 0 – 1. (Lundgren – abstain) ITEM 11: Parks Commission Appointments Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPOINT JEAN OLINGER AS A VOTING MEMBER FOR A TERM EXPRIRING 12/31/2020 AND JOHN MAYEK TO A TERM EXPIRING 12/31/2018. Motion passed 4 – 0. Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPOINT DAVID STEELE AND BARRY WEEKS TO THE PARKS COMMISSION AS ALTERNATES 1 AND 2 RESPECTIVELY. Motion passed 3 – 0 – 1. (Lundgren – abstain) ITEM 12: 2018 Planning Commission Work Plan Planning Director Becker provided clarification on the work plan and priority ranking. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ACCEPT THE 2018 PLANNING DEVELOPMENT DEPARTMENT WORK PLAN. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION BY MOVING THE DRONE ORDINANCE FROM A PRIORITY 2 TO 4. Motion passed 4 – 0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION BY MOVING THE OUTDOOR LIGHTING ORDINANCE FROM A PRIORITY 5 TO 2. Motion passed 4 – 0. Mayor Pearson, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION BY MOVING “PREPARE CPA TO GUIDE RR AND A PARCELS LESS THAN 20 ACRES IN SIZE TO RE” FROM A PRIORITY 1 TO 2. Motion passed 4 – 0. Mayor Pearson, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION BY MOVING “STUDY INTO MODIFYING THE ZONING CODE AND COMPRHENSIVE PLAN TO INCLUDE REQUIRING AND/OR INCENTIVIZING AFFORDABLE HOUSING IN SEWERED DEVELOPMENT” FROM A PRIORITY 2 TO 4. Motion passed 4 – 0. Primary motion passed 4 – 0. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2018 Page 4 of 5 ITEM 13: Parks Commission Work Plan Councilmember Nelson, seconded by Councilmember Lundgren, moved TO APPROVE THE PARKS COMMISSION WORK PLAN FOR 2018. Motion passed 4 – 0. ITEM 14: 2018 Finance Committee Work Plan Mayor Pearson, seconded by Councilmember Bloyer, moved TO APROVE THE 2018 FINANCE COMMITTEE WORK PLAN. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ADD “RE-ESTABLISH THE EDA UNDER OFFICIAL STATUTORY POWER TO ISSUE BONDS” AT PRIORITY LEVEL 1. Motion passed 4 - 0. Mayor Pearson, seconded by Councilmember Nelson, moved TO ADD “REVIEW ASSESSMENT POLICY AS IT RELATES TO VARIOUS PROPERTY TYPES” AT PRIORITY LEVEL 3. Motion passed 4 – 0. Primary motion passed 4 – 0. ITEM 15: Sign Ordinance Revisions Planning Director Becker provided a brief overview of the proposed revisions. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-192 APPROVING PROPOSED AMENDMENTS TO THE CITY’S SIGN REGULATIONS. Motion passed 3 – 1. (Lundgren – nay) Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2018- 004 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-192. Motion passed 4 – 0. ITEM 1: Approve Payment of Disbursements Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE PAYMENT OF DISBURSEMENTS AS PRESENTED. Motion failed 2 – 2. (Bloyer, Nelson – nay) Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE PAYMENT OF DISBURSEMENTS MINUS THE PAYMENT TO CONFLUENCE IN THE AMOUNT OF $10,000. Motion passed 3 – 1. (Lundgren – nay) COUNCIL REPORTS Mayor Pearson: Commented on the library transition. Councilmember Nelson: No report. Councilmember Lundgren: No report. Councilmember Bloyer: Commented on the library transition. LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 2018 Page 5 of 5 STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Noted that the CAFR has been received and reported on the upcoming Lions Club Ice Fishing Contest. City Clerk Johnson: Reminded residents that City services have relocated to the city offices at 3880 Laverne Avenue North. City Attorney Sonsalla: Commented on the status of pending litigation. Meeting adjourned at 8:00 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 19, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Jill Lundgren and Christine Nelson. ABSENT: Councilmember Justin Bloyer Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Public Works Director Weldon, Fire and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Lundgren, seconded by Councilmember Nelson moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 4 – 0. ACCEPT MINUTES Minutes of the December 5, 2017 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, commented on the street width and traffic on Lake Elmo Avenue in the downtown area. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept November 2017 Assessor’s Report 4. Accept November 2017 Building Department Report 5. Accept November 2017 Fire Department Report 6. Accept November 2017 Public Works Department Report 7. Approve Withdrawal from Gateway Corridor Commission-Resolution No 2017-139 8. Inwood Booster Station – Approve Change Order No. 5 & Compensating Change Order No. 6 9. Inwood Booster Station – Accept Improvements and Approve Pay Request No. 9 (FINAL) 10. Village Preserve 1st and 2nd Additions – Accept Improvements and Approve Reduction of Security 11. Approve Hiring of Public Works Operator LAKE ELMO CITY COUNCIL MINUTES December 19, 2017 Page 2 of 4 12. Approve Century College Customized Training Contract for Lake Elmo Fire 13. Approve Amendment to MNDOT Agreement 03330-Resolution 2017-140 Councilmember Nelson, seconded by Mayor Pearson, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 4 - 0. ITEM 14: Comprehensive Plan Amendment, Zoning Text Amendment, and Zoning Map Amendment for Closed Landfill Planning Director Becker provided background information on the location of the closed landfill and reviewed the proposed comprehensive plan and zoning amendments. Councilmember Nelson, seconded by Councilmember Lundgren, MOVED TO APPROVE OF AN AMENDMENT TO THE CITY’S COMPREHENSIVE PLAN’S LAND USE PLAN, ADDING A CLOSED LANDFILL RESTRICTED LAND USE CATEGORY AS PROPOSED BY STAFF AND RE-GUIDING PORTIONS OF PID#S 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 AS SHOWN IN THE SURVEY DATED AUGUST 18, 2017 FROM PUBLIC/PARK TO CLOSED LANDFILL RESTRICTED AND ALL OF PID# 15-292-12-10-20-001 FROM RURAL AREA DEVELOPMENT TO CLOSED LANDFILL RESTRICTED. Motion passed 4 – 0. Councilmember Lundgren, seconded by Mayor Pearson, moved TO APPROVE OF A ZONING TEXT AMENDMENT TO THE CITY’S CODE, ADDING A DEFINITION TO SECTION 154.012 OF CLOSED LANDFILL MANAGEMENT AND ADDING ARTICLE XIX: CLOSED LANDFILL RESTRICTED AS PROPOSED BY STAFF. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION BY STRIKING SOLAR GARDENS. Motion passed 4 – 0. Primary motion passed 4 – 0. Mayor Pearson, seconded by Councilmember Fliflet, moved TO APPROVE OF THE PROPOSED ZONING MAP AMENDMENT REZONING PORTIONS OF PID#S 10-029-21-33-0001, 10-029-21-34-0001, 15-292-12-10-0003 AS SHOWN IN THE SURVEY DATED AUGUST 18, 2017 FROM PUBLIC/PARK TO CLOSED LANDFILL RESTRICTED AND ALL OF PID# 15-292-12-10-20-001 FROM AGRICULTURAL TO CLOSED LANDFILL RESTRICTED. Motion passed 4 – 0. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO APPROVE PAYMENT OF ADDITIONAL COST OF $1,710 FOR COMPLETION OF THE SURVEY FOR A LOT LINE ADJUSTMENT FOR PID #S 10-029-21-33-0001, 10-029-21-34-0001, 15- 292-12-10-0003. Motion failed 0 – 4. ITEM 15: Sign Ordinance Revisions Planning Director Becker proposed revisions to the sign ordinance prepared as a result of discussions held at a City Council workshop and review by the Planning Commission. LAKE ELMO CITY COUNCIL MINUTES December 19, 2017 Page 3 of 4 Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08-192 APPROVING PROPOSED AMENDMENTS TO THE CITY’S SIGN REGULATIONS. Motion failed 2 – 2. (Fliflet, Lundgren – nay) Councilmember Fliflet stated that the current ordinance and variance process serve the City well. Councilmember Lundgren expressed concern regarding setbacks. ITEM 16: Easton Village 3rd Addition Developer Agreement Amendment Planning Director Becker reviewed the proposed amendments to the Developer Agreement for Easton Village 3rd Addition to allow building permits to be issued prior to installation of sidewalks. Tom Wolter of Chase Development explained the difficulties and disadvantages associated with installing sidewalks in the winter. Councilmember Nelson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-142 APPROVING THE REQUEST TO AMEND EASTON VILLAGE 3RD ADDITIONAL DEVELOPMENT AGREEMENT TO ALLOW BUILDING PERMITS TO BE RELEASED PRIOR TO INSTALLATION OF SIDEWALKS. Motion passed 4 – 0. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO AMEND THE DEVELOPMENT AGREEMENT TEMPLATE WITH EDITS REGARDING BUILDING PERMIT RELEASE PRIOR TO THE INSTALLATION OF SIDEWALKS AS PROPOSED TO THE EASTON VILLAGE 3RD ADDITION DEVELOPMENT AGREEMENT. Motion passed 4 – 0. ITEM 17: 2018-2022 Capital Improvement Plan Administrator Handt presented an overview of the process, funding sources and priorities in the Capital Improvement Plan. Councilmember Nelson, seconded by Mayor Pearson, moved TO APPROVE THE 2018-2022 CAPITAL IMPROVEMENT PLAN. Discussion held regarding Public Works items and ball field improvements. Mayor Pearson, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION TO ADD TO PR-017 THAT WITH THE $1M FROM ROYAL GOLF, BALL FIELDS WILL BE CONSTRUCTED OR REFURBISHED. Motion passed 3 – 1. (Fliflet – nay) Primary motion passed 3 – 1. (Fliflet – nay) ITEM 18: 2018 Regular Meeting Schedule Brief discussion held regarding cancelling the January 2, 2018 meeting due to planned Councilmember absences. LAKE ELMO CITY COUNCIL MINUTES December 19, 2017 Page 4 of 4 Councilmember Nelson, seconded by Mayor Pearson, moved TO APPROVE THE PROPOSED 2018 MEETING CALENDAR. Motion passed 3 – 0 – 1. (Fliflet – abstain) ITEM 19: Prosecution Services City Administrator Handt stated that two Councilmember have requested this item be brought forward from a work session for Council consideration. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO DIRECT STAFF TO CONTACT THE PROPOSERS FROM THE LAST RFP POSTING TO SEE IF THEIR PROPOSALS ARE STILL VALID. Motion failed 2 – 2. (Pearson, Nelson – nay) COUNCIL REPORTS Mayor Pearson: Attended a Rotary meeting, spoke with taxpayers, attended Arbor Glen open house and blood drive at Zignego Insurance, recognized Rolf Larson and Todd Williams for their service on the Planning Commission, announced an award won by Washington County for the downtown Lake Elmo project. Councilmember Nelson: Fielded calls from residents. Councilmember Lundgren: Attended Planning Commission meeting. Councilmember Fliflet: Recognized Todd Williams and Rolf Larson for their service on the Planning Commission and recognized the outgoing Library Board for their service. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Noted applications for Commission appointments are due December 22nd, City Hall holiday closure and staff move to the Brookfield building. City Attorney Sonsalla: Working on documents for Hidden Meadows and Easton Village. City Engineer Griffin: Clarified that the City was also a recipient of the award from the American Public Works Association for the downtown project along with Washington County. Meeting adjourned at 9:03 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES DECEMBER 19, 2017 CALL TO ORDER Mayor Pearson called the meeting to order at 9:05 p.m. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Jill Lundgren and Christine Nelson. ABSENT: Councilmember Bloyer. Staff present: Administrator Handt, City Clerk Johnson and City Attorney Sarah Sonsalla. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ENTER CLOSED SESSION PURSUANT TO MINN STAT 13.D.05 SUBD 3 TO DEVELOP OR CONSIDER OFFERS AND/OR COUNTEROFFERS FOR THE PURCHASE OF REAL PROPERTY AT 3880 LAVERNE AVENUE NORTH, LAKE ELMO, MN. Motion passed 4 – 0. Discussion held regarding the property at 3880 Laverne Avenue North, Lake Elmo. Councilmember Lundgren, seconded by Mayor Pearson, moved TO RETURN TO OPEN SESSION. Motion passed 4 – 0. Meeting adjourned at 9:46 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT DATE: January 16, 2018 PRESENTATION ITEM #: 2 TO: Mayor and City Council FROM: Jake Foster, Assistant City Administrator AGENDA ITEM: 2018 Kindness Campaign BACKGROUND: The Lake Elmo Rotary has reached out and met with staff and Mayor Pearson in regards to promoting a “kindness campaign” initiative. The goal of the campaign is to spread kindness through single and random acts of kindness throughout Lake Elmo and the surrounding area. They are working with other rotaries and other communities to make similar proclamations. The campaign will also be advertised in the Fresh. Accompanying the promotion of the campaign are business cards detailing their goals that can be distributed throughout the community. ISSUE BEFORE COUNCIL: Should the Council approve the Lake Elmo Rotary’s proclamation making 2018 “Random Acts of Kindness Year” in Lake Elmo? PROPOSAL DETAILS/ANALYSIS: Staff recommends that the Mayor read the 2018 Kindness Campaign Proclamation. FISCAL IMPACT: None. RECOMMENDATION: Staff recommends that the Mayor read the 2018 Kindness Campaign Proclamation. (No motion necessary) ATTACHMENTS: • 2018 Kindness Campaign Proclamation PROCLAMATION Declaring 2018 as Random Acts of Kindness Year WHEREAS, the City of Lake Elmo recognizes the value of simple acts of kindness performed without prompting or reason and how these acts will positively impact the performer, the recipient, and onlookers of the good deed; and; WHEREAS kindness is contagious and people of any age can participate in random acts of kindness any time and any place to spread goodwill; and WHEREAS simple kindness encourages people to tap into their own human spirit and share kindness with one another, thereby nourishing and strengthening our community by creating a culture of giving back; WHEREAS by providing random acts of kindness and reaching out to one another, regardless of social-economic status, education, gender, origin, age, religious beliefs, lifestyle or abilities, we extend an opportunity for grace and acceptance that might not otherwise be offered; and; WHEREAS celebrating this year of Kindness brings new awareness to our city and will help make Lake Elmo a better place to live, work and play. THEREFORE BE IT RESOLVED that the City Council designate 2018 as “Random Acts of Kindness Year” in the city of Lake Elmo. Signed this 16th day of January, 2018. _____________________________ Mike Pearson Mayor STAFF REPORT DATE: January 16, 2018 CONSENT ITEM #: 4 TO: Lake Elmo City Council FROM: Dan Raboin AGENDA ITEM: Monthly Assessor Report REVIEWED BY: Kristina Handt, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for December 2017 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. MONTHLY ACTIVITY: Property splits/plats – 7 Split/merge, 2 Plats Sales collected and viewed – 22 Taxpayer inquiries – 8 Miscellaneous inquiries - 2 Inspections – Residential – 236 Inspections – Commercial - 3 Building permit reviews – 63 Pictures taken – 246 Other work performed included: •Monthly meeting with County residential and commercial supervisors. •When not working in the field/inspections: Computer work includes but not limited to;data entry for all properties inspected, permit information, sales verification usingMLS and other resources, and telephone inquiries. RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the December 2017 monthly assessor report. MAYOR AND COUNCIL COMMUNICATION DATE: 1/16/2018 CONSENT ITEM #: 5 AGENDA ITEM: Public Works Director Report SUBMITTED BY: Rob Weldon, Public Works Director REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: City Council is asked to review and accept, as part of Consent Agenda, a brief description of activities that have taken place in the Public Works Department in the month of December 2017. PROPOSAL DETAILS/ANALYSIS: • Easton Village Sidewalk Discussion • Lake Elmo Ave parking discussion w/Washington County • Water Conservation Report Webinar • Dept. of Health Well Inspections • I-94 Lift Station Draw Down Test • Old Village Phase 4 Mtg w/ FOCUS • Plumbing repairs at PW and Well #2 • Employee Performance Reviews • Assist with moving at City Hall • Water Main Break – Layton Ave. N • Water Main Break – 30th St. N • 7 – winter weather events • Flood ice rinks RECOMMENDATION: Base on the activities listed above, City Council is respectfully asked to accept the December 2017 Public Works Report. Tl IF. CITY OF lb-KE ELMO TO: City Council STAFF REPORT DATE: 1/16/18 REGULAR #6 MOTION FROM: Michael Bent, Building Official AGENDA ITEM: Approve Monthly Building Department Repo1i for December 2017 REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: ISSUE BEFORE COUNCIL: As part of its Consent Agenda, the City Council is asked to accept the monthly Building Department report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. PROPOSAL DETAILS/ ANALYSIS: Below is a snapshot of the monthly statistics for December 2017. Comparison data is also include from prior years for December for new home single family construction and total petmitting activity for the month. Attached are the system summary reports breaking out this information further, including the statistics related to the inspection activity. New Homes Total Valuation Average Home Value Total Permit Valuation YTD Total Residential Units YTD FISCAL IMP ACT: None OPTIONS: RECOMMENDATION: 2017 10 $5,163,000 $516,300 $129,119,697 299 2016 12 $3,929,923 $327,493 $121,304,394 251 Motion to accept the December 2017 monthly building permit report as presented. ATTACHMENTS: 1.Valuation Rep01i 2.Pennits Issued & Fees Repmi 3.Inspection statistic report for December 2017 4.YTD Building Depmiment Revenue Report 2015 17 $6,394,114 $376,124 $52,504,042 142 STAFF REPORT DATE: January 16, 2018 CONSENT ITEM #: 7 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Month End Fire Department Update for December 2017 with Year End Totals and Recap. REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: Review month/year end activity update from fire department. Advise on any additional information requested. PROPOSAL DETAILS/ANALYSIS: We had 49 call in December: 3 Fire Alarms 1 Structure Fire 1 Fire – (rekindle) 1 Structure Fire (exposure) 8 Dispatched and Cancelled en route 27 Medicals 1 Fire – other 1 Gas Leak 5 Car accident with injuries 1 Smoke or odor removal 49 Total A Command vehicle did not respond on 11 calls for a response rate of 82%. Average response time was just over 7.4 minutes. (Two months in a row) 21 calls had 3 or less responders minus the Duty Officer with 7 calls having only 1 personnel on the apparatus. We have been given the Home Safety Survey Grant which means that we will be getting free Firestop oven hood extinguishers next year. This should be a significant savings if we get a good response for the Safe Haven program. It is not clear how much money we will be able to get yet, but I am excited to get anything. The printing of the books for Safe Haven is all done and they look great! Citizens should be receiving them shortly. Drills for the month: #1 Annual SCBA Fit Testing #2 Officer’s Meeting #3 Annual Make-Up Drill YEAR END We had a total of 456 calls for 2017: - 50 Cancelled en route - 253 Medicals - 91 Fire calls - 62 Rescues 456 Total The total average response time from alarm to arrival was 7 minutes for the year and we averaged 1.9 personnel on each truck that rolled out excluding Command Vehicles. We averaged 5.5 personnel per call. Points of Interest: - Staffing was the big issue for the year. Part time fire fighters were hired and began shift work from 0600-1800 7 days a week. That staffing model began in October and is still being adjusted to accommodate personnel as much as possible. - One of our Command Vehicles was involved in a traffic crash while en route to a call. The vehicle has since been replaced. - 2 more personnel resigned or retired bringing our Paid On Call total to 17 personnel with no pending applications. - We have been expanding our training more consistently using the East Metro Training Facility. - 2 more personnel completed instructor training for the Washington County CIRAS training (active shooter response). STAFF REPORT DATE: January 16, 2018 CONSENT #8 AGENDA ITEM: Community Room Use Agreement SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The City and County approved resolutions and an agreement in May and June of 2017 to transfer the Lake Elmo Library to Washington County January 1, 2018. One of the conditions of that agreement was that the County allow the City to use the community room space in the library building on the Library Property for use by community groups free of charge so long as it does not interfere with the County’s library programs and is consistent with the Washington County Library Board policies on use of meeting rooms. The County and the City shall enter into a separate agreement governing the City’s use of the community room space. ISSUE BEFORE COUNCIL: Should the City Council approve the Community Room Use Agreement? PROPOSAL: Included in your packet is a Community Room Use Agreement for the Lake Elmo Public Library that was drafted by the City Attorney. Terms and Conditions include: • No alcohol may not be served in the Community Room. Food and non-alcoholic beverages may be brought in, but must remain inside the Community Room. • Amplification equipment and sound levels are subject to the approval of County library personnel. • Prior to vacating the Community Room, the user must clean all spaces used, consolidate trash into trash receptacles, remove trash from the floor, wipe up spills from any surface, remove any decorations, and remove food and beverages and any other items that were brought into the Community Room. • No open flames are permitted. Community groups interested in reserving the room, will contact the library directly if they want to reserve it during normal library hours. If they want to reserve it after hours, they should contact City offices. They will be asked to provide the date and time of meeting, estimated number of people attending, organization's name, purpose of the meeting, and contact name and phone number. There is no charge for use of the room. Reservations will be on a first come, first serve and cannot be used for commercial purposes. If the room is damaged, the group using the room will be responsible to pay for the repair. The City will list the County as an additional insured. RECOMMENDATION: If removed from the consent agenda: “Move to approve the Community Room Use Agreement for the Lake Elmo Public Library.” ATTACHMENTS: • Community Room Use Agreement for the Lake Elmo Public Library 511996v2 SJS LA515-5 1 COMMUNITY ROOM USE AGREEMENT FOR THE LAKE ELMO PUBLIC LIBRARY This Community Room Use Agreement (this “Agreement”) is made and entered into this ____ day of ___________, 2018, by and between the City of Lake Elmo, a Minnesota municipal corporation (the "CITY") and Washington County, a Minnesota political subdivision (the "County"); and WITNESSETH: WHEREAS, on June 20, 2017, the City and the County entered into a Library Agreement (the “Library Agreement”) that transferred the City’s Lake Elmo Public Library property (the “Library Property”) to the County; and WHEREAS, the Library Agreement provided that throughout the term of the Library Agreement, the County would allow the community room space (the “Community Room”) in the library building on the Library Property to be used by the City and community groups free of charge; and WHEREAS, the Library Agreement further provided that the City and community groups’ use of the Community Room must not interfere with the County’s library programs and must be consistent with Washington County Library Board policies on the use of meeting rooms; and WHEREAS, the parties agreed that they would enter into a separate agreement governing the City and community groups’ use of the Community Room; and NOW, THEREFORE, it is hereby agreed by and between the City and the County as follows: 1. License to the City for the Use of the Community Room. The County agrees to grant the City and community groups a non-exclusive license, in common with the County, to use and occupy the Community Room. 2. Terms and Conditions for Use of the Community Room. Alcohol may not be served in the Community Room. Food and non-alcoholic beverages may be brought in, but must remain inside the Community Room. Amplification equipment and sound levels are subject to the approval of County library personnel. Prior to vacating the Community Room, the user must clean all spaces used, consolidate trash into trash receptacles, remove trash from the floor, wipe up spills from any surface, remove any decorations, and remove food and beverages and any other items that were brought into the Community Room. No open flames are permitted. 3. Scheduling of the Community Room. All requests from the City and community groups to use the Community Room should be made to County library staff at the Lake Elmo Public Library during normal library hours. The City agrees to take requests from community groups to use the Community Room that are made outside of normal library hours. 4. Consideration for Use of the Community Room. The County agrees to allow the City and community groups to schedule use of the Community Room at no cost to the City or the 511996v2 SJS LA515-5 2 community group and on a priority basis except as otherwise provided in this Agreement. 5. Maintenance of the Community Room. The County shall be responsible for keeping and maintaining the Community Room in good order and repair and in a clean, safe, and usable condition. 6. Facility Damage. If the Community Room is damaged by the willful or negligent conduct of the party using the facility, that party shall be responsible for payment to repair such damage. 7. Community Room Use. When the City or community groups are using the Community Room pursuant to the terms of this Agreement, they will be required to comply with the policies for the use of meeting rooms as established by the County and its Library Board. The City and community groups using the Community Room shall make reasonable efforts to limit those activities taking place in the Community Room subject to this Agreement to those which the facility was designed and which will not be destructive to the facility or the equipment of the County, or otherwise carry an unreasonable risk of injury or harm to the participants of the activities. The personal property of the County situated on or within the Community Room shall at all times for purposes of this Agreement remain the property and responsibility of the County. The County shall not be liable for any damages, interruption, or loss of business due to the Community Room being rendered unavailable. 8. Facility Supervision. The City and community groups understand that they will be responsible for the control and supervision of all participants at their events to be held in the Community Room. 9. Indemnification. Groups conducting activities in the Community Room shall conduct these activities so as not to endanger any person. The City shall indemnify, defend, save and hold harmless the County and all of its officials, agents, contractors, employees, and invitees against any and all claims, demands, and actions and all related costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims for injury, death, disability, or illness of any person or damage to property, arising out of the City’s use of the Community Room. The City shall not be responsible for any claim, demand, or action arising out of a community group’s use of the Community Room. The County may require community groups to agree to indemnify, defend, and hold the County harmless for any and all claims, including, but not limited to, injuries, death, or damage to property arising out of the community group’s use of the Community Room. Nothing in this provision is intended to be, nor shall constitute, a waiver of any immunities or defenses that the City might otherwise be entitled to under federal, state, or local law. 10. Insurance. The City shall keep in force, at the expense of the City, and throughout the term of this Agreement, applicable insurance coverage for its use of the Community Room. To the extent permitted by the League of Minnesota Cities Insurance Trust, the City will list the County as an additional insured. The City shall be responsible for damage or loss to its personal property or equipment located within the Community Room. 511996v2 SJS LA515-5 3 The County may require community groups to maintain insurance coverage for their use of the Community Room. Community groups will be responsible for damage or loss to their personal property or equipment located within the Community Room. 11. Amendment of Agreement. This Agreement may be amended in writing by mutual agreement of the parties. 12. Term of Agreement. Unless earlier terminated, this Agreement shall be effective upon execution by both parties. This Agreement shall continue in effect for the duration of the term of the Library Agreement. 13. Compliance with Laws. The parties shall at their respective expense, comply with all laws, ordinances, rules, orders, regulations, and other requirements of governmental authorities, now or subsequently pertaining to the use of the Community Room subject to this Agreement. 14. Entire Agreement. This Agreement contains the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. 511996v2 SJS LA515-5 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF LAKE ELMO By: Mike Pearson Its: Mayor By: Kristina Handt Its: City Administrator WASHINGTON COUNTY By: _____ Karla Bigham Its: Board Chair By: ____________________________ Molly O’Rourke Its: County Administrator Approved as to form: By: _____________________________ Washington County Attorney STAFF REPORT DATE: January 16, 2018 CONSENT #9 AGENDA ITEM: CSAH 13 (Ideal Avenue) Improvements – Approve Cooperative Agreement Payment No. 4 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Payment No. 4 for the CSAH 13 (Ideal Avenue) Improvements? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: In May 2017, the City of Lake Elmo entered into Cooperative Agreement No. 10904 with Washington County for the cost sharing of the CSAH 13 (Ideal Avenue) Improvements. In accordance with the agreement payment schedule, Washington County has submitted Invoice #132655 in the amount of $214,586.01. The amount requested reflects the City’s share of the construction costs expended through partial pay estimate #4 to the general contractor and for right-of-way costs incurred to date. The invoice has been reviewed and payment is recommended in the amount requested. Per the attached Billing Summary report the right-of-way costs to date have exceeded the estimated amount provided in the Cooperative Agreement by $19,978.24. However, the construction costs are expected to come in under budget at completion with the final City cost share remaining at or below the original budget amount. FISCAL IMPACT: No additional fiscal impact. Payment is proposed in accordance with Cooperative Agreement No. 10904 with Washington County. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, payment to Washington County in the amount of $214,586.01 for the CSAH 13 (Ideal Avenue) Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve payment to Washington County in the amount of $214,586.01 for CSAH 13 (Ideal Avenue) Improvements in accordance with Invoice #132655 attached and per Section G of Cooperative Agreement No. 10904.” ATTACHMENTS: 1. Washington County Invoice No. 132655. CSAH 13 ‐ TH 5 to CSAH 35 ‐ Billing Summary City of Lake Elmo County/City Cooperative Agreement #10904 Through Cost Split #4 12/13/2017 Estimated  Cost  (from Cooperative  Agreement) Current Cost  (based on Bid) Previously Billed Current Amount  Due Construction 328,120.80$                   255,439.93$          57,686.50$            197,753.43$          Design Engineering 38,999.17$                     38,999.17$            38,999.17$            ‐$                        Construction Engineering/Contract Administration 16,419.42$                     ‐$                        ‐$                        ‐$                        Right of Way           Road Improvements (36.1%)96,855.00$                     116,833.24$          100,000.66$          16,832.58$                      Storm Pond (20%)68,000.00$                     68,300.00$            68,300.00$            ‐$                        TOTAL 548,394.39$                   479,572.34$          264,986.33$          214,586.01$          STAFF REPORT DATE: January 16, 2018 CONSENT ITEM #: 10 AGENDA ITEM: Private Development Projects – Approve Security Reductions for Savona 3rd Addition, Savona 4th Addition, Southwind, and Royal Golf Club 1st Addition SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director Chad Isakson, Assistance City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve security reductions for the Savona 3rd Addition, Savona 4th Addition, Southwind, and Royal Golf Club 1st Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed several requests to reduce the development security in accordance with the various development projects. These requests have been reviewed and the following reductions are being recommended for approval: Current Security Amount Proposed Security Amount 1. Savona 3rd Addition: $1,897,288 $1,505,159 2. Savona 4th Addition: $4,080,974 $2,202,573 3. Southwind: $1,971,740 $1,266,091 4. Royal Golf Club 1st Addition: $3,570,388 $2,074,392 Work within each of these developments have progressed in accordance with the respective development agreement and to the extent necessary to support a reduction in the security as detailed in the attached Security Reduction Worksheets. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction, the remaining security amount held by the City remains sufficient to complete the remaining improvements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the security reductions for the Savona 3rd Addition, Savona 4th Addition, Southwind, and Royal Golf Club 1st Addition as detailed in this report and supporting documentation. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve security reductions for the Savona 3rd Addition, Savona 4th Addition, Southwind, and Royal Golf Club 1st Addition as detailed in the attached Security Reduction Worksheets.” ATTACHMENTS: 1. Security Reduction Worksheet – Savona 3rd Addition. 2. Security Reduction Worksheet – Savona 4th Addition. 3. Security Reduction Worksheet – Southwind. 4. Security Reduction Worksheet – Royal Golf Club 1st Addition. SAVONA 3RD ADDITION Time of Performance:  October 31, 2016DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading (Separate Grading Agreement) $127,000 $127,000Sanitary Sewer $345,301 $431,62650%$215,813 $107,907Watermain $503,113 $628,89150%$314,446 $157,223Streets $1,168,007 $1,460,00950%$730,004Surface Water Facilities $333,140 $416,42550%$208,213Erosion Control $133,732 $167,1650%Sidewalks/Trails Included in Streets Included in StreetsStreet Lighting NA NABy Xcel EnergyStreet Signs and Traffic Control Signs Included in Streets Included in StreetsLandscaping $95,218 $119,0230%Tree Preservation and Restoration NA NAWetland Mitigation and Buffers NA NALOC Through VBWDMonuments $6,000 $7,5000%Miscellaneous Facilities NA NARecord Drawings $6,500 $8,1250%TOTALS $2,591,011 $3,365,764RELEASED AMOUNTS:$1,468,476 $392,129 $0 $0 $0 $0$1,619,382CUMMULATIVE AMOUNTS:$1,468,476 $1,860,605SECURITY AMOUNT REMAINING:$1,897,288 $1,505,159DATE: 12/20/2016 1/16/2018REDUCTIONS SAVONA 4TH ADDITION Time of Performance:  September 30, 2017DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading NA NA NASanitary Sewer $379,407 $474,25975%$355,694Watermain $460,445 $575,55675%$431,667Storm Sewer (w/pond structures) $449,062 $561,32850%$280,664Streets $1,296,601 $1,620,75150%$810,375Sidewalks/Trails $281,412 $351,765Surface Water Facilities NA NAincluded in Grading AgreementStreet Lighting $84,000 $105,0000%Street Signs and Traffic Control Signs $4,650 $5,813Private Utilities (electricity, natural gas, telephone, and cable)Landscaping $213,893 $267,3660%Tree Preservation and Restoration NA NAWetland Mitigation and Buffers NA NALOC Through VBWDMonuments $7,800 $9,7500%Erosion Control $81,009 $101,2620%Record Drawings $6,500 $8,1250%TOTALS $3,264,779 $4,080,974RELEASED AMOUNTS:$1,878,401 $0$0 $0 $0$1,020,244CUMMULATIVE AMOUNTS:$1,878,401SECURITY AMOUNT REMAINING:$2,202,573DATE:1/16/2018REDUCTIONS SOUTHWIND OF LAKE ELMO Time of Performance:  October 31, 2018DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading187,554$                     $234,442Sanitary Sewer117,757$                     $147,19675%$110,397Watermain126,676$                     $158,34575%$118,759Storm Sewer (w/pond structures)217,173$                     $271,46650%$135,733Streets + Sidewalks545,215$                     $681,51850%$340,759Bituminous Trails32,525$                       $40,656Surface Water Facilities35,185$                       $43,981Street Lighting48,000$                       $60,000Street Signs and Traffic Control Signs7,400$                         $9,250Private Utilities (electricity, natural gas, telephone, and cable)Landscaping $225,042 $281,303Tree Preservation and Restoration NA NAWetland Mitigation and Buffers NA NAMonuments4,600$                         $5,750Erosion Control25,265$                       $31,5825TH Street North‐$                              $0Record Drawings5,000$                         $6,250TOTALS $1,577,391 $1,971,740RELEASED AMOUNTS:$705,649 $0 $0 $0 $0 $0CUMMULATIVE AMOUNTS:$705,649SECURITY AMOUNT REMAINING:$1,266,091DATE:1/16/2018REDUCTIONS ROYAL GOLF CLUB 1ST ADDITION October 31, 2018DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading NA NAIncluded in Overall Grading AgreementSanitary Sewer $723,897 $904,87150%$452,436Watermain $368,489 $460,61150%$230,306Storm Sewer $429,087 $536,35950%$268,179Streets and Sidewalks $872,121 $1,090,15150%$545,076Trails $76,050 $95,063Surface Water Facilities NA NAincluded in Grading AgreementStreet Lighting $36,000 $45,000By Xcel EnergyStreet Signs and Traffic Control Signs $11,404 $14,254Landscaping $249,083 $311,354Tree Preservation and Restoration NA NAincluded in Grading AgreementWetland Mitigation and Buffers NA NAincluded in Grading AgreementMonuments $7,300 $9,125Erosion Control $71,880 $89,850Turn Lanes NA NAincluded in Streets & SidewalksRecord Drawings $11,000 $13,750TOTALS $2,856,310 $3,570,388RELEASED AMOUNTS:$1,495,996 $0 $0 $0 $0 $0CUMMULATIVE AMOUNTS:$1,495,996SECURITY AMOUNT REMAINING:$2,074,392DATE: 1/16/2018Time of Performance: REDUCTIONS STAFF REPORT DATE: January 16, 2018 CONSENT ITEM #: 11 AGENDA ITEM: Boulder Ponds 1st Addition – Accept Improvements SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Emily Becker, Planning Director Rob Weldon, Public Works Director ISSUE BEFORE COUNCIL: Should the City Council accept the improvements for the Boulder Ponds 1st Addition? PROPOSAL DETAILS/ANALYSIS: The Boulder Ponds 1st Addition public improvements, including the sanitary sewer, watermain, street construction including concrete curb and gutter, storm sewer, sidewalks, and trails have been completed in accordance with the Development Agreement dated May 26, 2015. Staff is therefore recommending acceptance of these improvements by the City. The improvements remain under warranty in accordance with the attached Certification of Completion form, and the Developer will be required to make warranty corrections for any items identified prior to the warranty expiration. A security amount of 25% of the original security has been retained until the warranty period has expired. This acceptance does not apply to landscaping improvements including infiltration basin restoration. Landscaping Improvements will be accepted separately and with different warranty dates. Per the development agreement, City payments for utility oversizing are due to be made within 30 days of the City's final acceptance. The development agreement dated May 26, 2015 identifies sanitary sewer oversizing payments in the amount of $20,633.55. Upon acceptance of the improvements, the sanitary sewer oversize payments will be processed. FISCAL IMPACT: Payment of $20,633.55 will be made from the Sanitary Sewer fund for sanitary sewer pipe oversizing. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, accept the improvements for the Boulder Ponds 1st Addition. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the improvements for the Boulder Ponds 1st Addition”. ATTACHMENTS: 1. Boulder Ponds 1st Addition – Engineers Certificate of Acceptance. CERTIFICATE OF COMPLETION DATE OF ISSUANCE: January 16, 2018 OWNER: CITY OF LAKE ELMO, MN DEVELOPER: OP4 Boulder Ponds, LLC SUBDIVISION NAME: BOULDER PONDS 1ST ADDITION PROJECT NO.: 2013.128 This Certification of Completion applies to all work under the Development Agreement This Certification of Completion applies to the following specified parts of the Development Agreement Section 34.A – Public sanitary sewer and watermain. Section 33.B – Public improvements including street construction, concrete curb and gutter, storm sewer facilities, sidewalks, trails, materials and equipment. This Certification of completion does not apply to Sections 34. C and D. – Sod, trees, and landscaping, and landscaping within the storm water infiltration areas. I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Development Agreement dated May 26, 2015. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: January 16, 2018 Jack Griffin, City Engineer FOCUS Engineering, inc. Section 34.A Warranty Period Begins January 16, 2017 and ends January 16, 2019 Section 34.B Warranty Period Begins January 16, 2018 and ends January 16, 2019 STAFF REPORT DATE: January 16, 2018 CONSENT ITEM #: 12 AGENDA ITEM: CSAH15 Traffic Signal Maintenance Agreements – Resolution Approving Cooperative Maintenance Agreements for Traffic Signal Systems at CSAH15/CSAH14; CSAH15/CSAH10 and at CSAH15/Oak-land Middle School SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director ISSUE BEFORE COUNCIL: Should the City Council approve the Cooperative Agreements with Washington County for Maintenance of the Traffic Signal Systems at the intersection of CSAH15 (Manning Avenue) and CSAH14 (40th Street North); at the intersection of CSAH15 (Manning Avenue) and CSAH10 (10th Street North); and at the intersection of CSAH15 (Manning Avenue) and Oak-land Middle School? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: As part of the Phase 1 CSAH15 Manning Avenue Corridor Improvements, Washington County installed two traffic signals, one at the intersection of CSAH15 (Manning Avenue) and CSAH10 (10th Street North), and one at the intersection of CSAH15 (Manning Avenue) and Oak-land Middle School. As part of the Phase 2 CSAH15 Manning Avenue Corridor Improvements, Washington County will be realigning the intersection of CSAH15 (Manning Avenue) and CSAH14 (40th Street North) and will install a third traffic signal system at this new location. The purpose for the Cooperative Maintenance Agreements are to outline the respective ownership and maintenance responsibilities for each of these intersections. The CSAH15/CSAH10 and at CSAH15/Oak-land Middle School Agreement is a three party agreement between Washington County, Lake Elmo and West Lakeland Township, and the CSAH15/CSAH14 (40th Street North) Agreement is a three party agreement between Washington County, Lake Elmo and Baytown Township. Consistent with other traffic signal maintenance agreements with Washington County, the County will own, operate and maintain the traffic control systems and all its components including the relamping of vehicular and pedestrian signal indications, cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle Preemption (EVP) system, attached signage, traffic signal interconnection and master controller, and responsibility for repair of any physical damage. The County pays all monthly electrical service expenses necessary to operate the traffic control signal systems including all cabinet and control equipment and integral streetlights, and including the cost of establishing and perpetuating a connection to the electrical service and subsequent ongoing electrical service expenses. The County maintains and keeps in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires if necessary, and shall maintain and keep in repair the electrical connection to the luminaire heads. The County shall also, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal systems as required by the Gopher State One Call system. The City or Township is responsible for painting the traffic control system and streetlights, if mutually desired to have them painted. FISCAL IMPACT: No costs will be incurred by the City for the ongoing traffic signal system maintenance unless the City desires to have the traffic signal systems and/or streetlights painted. RECOMMENDATION: Staff is recommending that the City Council approve Cooperative Maintenance Agreement 11373 with Washington County and West Lakeland Township and approve Cooperative Maintenance Agreement 11375 with Washington County and Baytown Township for the maintenance of the Traffic Signal Systems along CSAH15 (Manning Avenue). The recommended motion for the action is as follows: “Move to approve Resolution No. 2018-005 approving Cooperative Maintenance Agreement 11373 and Cooperative Maintenance Agreement 11375 for the maintenance of the Traffic Signal Systems at the intersections of CSAH15 (Manning Avenue) and CSAH10 (10th Street North) and CSAH15 (Manning Avenue) and Oak-land Middle School; and at the intersection of CSAH15 (Manning Avenue) and CSAH14 (40th Street North).” ATTACHMENTS: 1. Resolution Approving Cooperative Maintenance Agreements 11373 and 11375. 2. Cooperative Maintenance Agreement 11373. 3. Cooperative Maintenance Agreement 11375. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-005 A RESOLUTION APPROVING COOPERATIVE MAINTENANCE AGREEMENTS 11373 AND 11375 WITH WASHINGTON COUNTY FOR THE MAINTENANCE OF TRAFFIC SIGNAL SYSTEMS ALONG CSAH15 (MANNING AVENUE) WHEREAS, Washington County has installed traffic signal systems at the intersections of CSAH15 (Manning Avenue) and CSAH10 (10th Street North), and CSAH15 (Manning Avenue) and Oak-land Middle School as part of the Phase 1 CSAH15 (Manning Avenue) Corridor Improvements; and WHEREAS, Washington County will be installing a traffic signal systems at the intersection of CSAH15 (Manning Avenue) and CSAH14 (40th Street North) as part of the Phase 2 CSAH15 (Manning Avenue) Corridor Improvements; and WHEREAS, a cooperative effort between applicable Township, City and County is the appropriate method to facilitate the maintenance of the Traffic Signal Systems; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW, THEREFORE, BE IT RESOLVED, 1. That Cooperative Maintenance Agreement 11373 between the City of Lake Elmo, West Lakeland Township and Washington County is hereby approved and the Mayor and City Administrator are hereby authorized execute the agreement on behalf of the City of Lake Elmo. 2. That Cooperative Maintenance Agreement 11375 between the City of Lake Elmo, Baytown Township and Washington County is hereby approved and the Mayor and City Administrator are hereby authorized execute the agreement on behalf of the City of Lake Elmo. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF JANUARY 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk Page 1 of 4 WASHINGTON COUNTY CONTRACT NO. 11373 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE-PERPETUAL COOPERATIVE AGREEMENT BETWEEN THE TOWNSHIP OF WEST LAKELAND, THE CITY OF LAKE ELMO, AND THE COUNTY OF WASHINGTON FOR MAINTENANCE OF TRAFFIC SIGNAL SYSTEMS ON COUNTY STATE AID HIGHWAY (CSAH) 15 (MANNING AVENUE NORTH) AT CSAH 10 (10TH STREET NORTH) AND AT THE OAK-LAND MIDDLE SCHOOL ACCESS THIS AGREEMENT, by and between the Township of West Lakeland, a municipal corporation, hereinafter referred to as the “Township”, the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County”, shall consist of this agreement and Exhibit A. WITNESSETH: WHEREAS, it has been determined to install traffic signals on CSAH 15 at its intersection with CSAH 10 and also at the access to Oak-Land Middle School, located at 820 Manning Avenue North, Lake Elmo, MN, and; WHEREAS, a cooperative effort between the Township, City, and County is the appropriate method to facilitate the maintenance of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the traffic control signal systems located on CSAH 15 (Manning Avenue North) at CSAH 10 (10th Street North) and also at the Oak-Land Middle School access, located at 820 Manning Avenue North, Lake Elmo, MN. 2. This agreement shall supersede any and all prior agreements related to maintenance of traffic control systems located on CSAH 15 (Manning Avenue North) at CSAH 10 (10th Street North) and also at the Oak-Land Middle School access, located at 820 Manning Avenue North, Lake Elmo, MN. 3. The County shall, at its sole cost and expense, pay all monthly electrical service expenses necessary to operate the traffic control signal systems including all cabinet and control equipment and integral streetlights, and including the cost of establishing and perpetuating a connection to the electrical service grid and subsequent ongoing electrical service expenses. 4. The County shall, at its sole cost and expense, maintain and keep in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires if necessary, and shall maintain and keep in repair the electrical connection to the luminaire heads. Page 2 of 4 5. The County shall own the traffic control signal systems and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the traffic control signal systems including but not limited to the relamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinets, maintenance of the Emergency Vehicle Preemption (EVP) systems, attached signage, traffic signal interconnection and master controller, and repair of any and all physical damage, except as set forth in the following section. 6. The County considers paint to be an aesthetic component of the traffic signal system. Therefore, if the Township and City mutually desire to paint either system, the Township or City shall, at its sole cost and expense, clean and paint the traffic control signal system and integral streetlights an agreed-upon color at the sole cost and expense of the Township or City, having first obtained a permit from the County which may place conditions on activities within the right-of-way. Alternatively, the Township or City may, at its discretion, request in writing that the County paint the traffic control signal system and integral streetlights at the sole cost and expense of the Township or City. 7. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal systems as required by the Gopher State One Call system. 8. The Township or City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal systems or EVP systems; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal systems may be directly involved in an emergency. 9. The EVP systems provided for in this agreement shall be installed, operated, maintained, upgraded, or removed in accordance with the following conditions and requirements: a. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. The Township and City will, provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. b. Malfunctions of the EVP systems shall be reported to the County immediately. c. Only in the event said EVP systems or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by the Township or City of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP systems. Upon removal of the EVP systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. d. All timing of said EVP systems shall be determined by the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the Page 3 of 4 Township or the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the Township or the City. E. INDEMNIFICATION 1. The Township and the City agree that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the Township or the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the Township and the City against any and all liability, loss, damages, costs and expenses which the Township or the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS The Township and the City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 4 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O’Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date TOWNSHIP OF WEST LAKELAND Chair Date Clerk Date Approved as to form: Township Attorney Date R:\11508 Manning-10th St Signal\Agreements\Traffic Signal Maint\CSAH 15 at CSAH 10 and School Entrance.doc )m )m)s GuWX SËSË ?öA@)m)s GuWXGvWXGvWX?öA@ Sh"19A GsWXSÊ)m)sG«WX G«WXGªWX GªWX)s)m %&f(GrWX GtWX SÉGvWX GvWX GsWX GrWX GlWX GlWX GlWX GzWXGpWX GpWX GpWX %&f( %&h( %&h( !"b$)n GsWX ?öA@ ?öA@ GoWX Sf"17B GqWX GqWX GeWX GeWX GiWX GiWX GlWX?lA@ SÆ SÆ SÆ GuWX GuWX GuWX GuWX !"b$)n !"b$)n GrWX GrWX GrWX GrWX GiWX ?öA@ ?öA@ GuWXGnWXGnWXGnWXGnWX GoWX GdWX SÁ?ÇA@?ÇA@?ÇA@ GqWX GqWX GlWXG§WX U¡WXU¡WX GkWX GkWX GoWX GoWX S¿S¿ GwWX GwWX GyWX GyWX GjWX?÷A@?÷A@ GuWXG§WX%&h( ?lA@ ?lA@ ?ÇA@ ?¸A@ G|WX ?¸A@ ?¸A@ ?÷A@ )s GgWX GgWX GgWX GgWX GfWX GfWX GfWX GfWX GfWX GhWX GhWX S¸ S¸ GoWX GoWX S¼ S¼ S³ S³ S³GjWX GjWX GdWX GdWX ?öA@ ?öA@ S¬ S¬Sº ?öA@ ?öA@ GfWX GcWXGcWXGcWXGcWXS¸S³GbWX GbWX GbWX GbWX ?öA@ S°S°?øA@?øA@?øA@?øA@?øA@?øA@?øA@ SÚ SÚGoWX GoWXGoWX GoWX S« S«S« Sø"A4 U¥WX U¤WX )s )s GaWXGaWX !"`$)s ?öA@ ?öA@ GzWX ?lA@ GfWX SÀ SÍ GlWX )l)l GeWX GkWX S½S¾GwWXGoWX GnWXGnWX FORESTLAKE HUGO SCANDIA MARINEON STCROIX MAYTOWNSHIP BAYTOWNTOWNSHIP NEWPORT AFTON OAK PARK HEIGHTS DENMARKTOWNSHIP STILLWATER WOODBURY STILLWATERTOWNSHIP WESTLAKELANDTOWNSHIPOAKDALE DELLWOOD MAHTOMEDI ST.PAULPARK COTTAGEGROVE GRANT LAKEELMO This map is the result of a compilationand reproduction of land records as they appear in various Washington County offices.This map should be used for referencepurposes only. Washington County is not responsible for any inaccuracies. 8 0 2 4 6 81Miles COUNTY ROAD ........................................ U.S. TRUNK HIGHWAY ............................ COUNTY STATE AID HIGHWAY ............... STATE TRUNK HIGHWAY ........................ INTERSTATE HIGHWAY ........................... Road Classification §¨¦494 £¤61 456721 Æÿ74 GoWX WESTLAKELANDTOWNSHIP LAKEELMO 10TH ST NMANNINGAVEN 9T H STNMARKAVENME NDEL AVE N12THSTN Signal Location Intersection Improvement ProjectCSAH 15/CSAH 10 & CSAH 15/Oak-Land Middle School Access !P 1:260,000Scale Exihibit A,Location Map !P Signal Location Page 1 of 4 WASHINGTON COUNTY CONTRACT NO. 11375 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE-PERPETUAL COOPERATIVE AGREEMENT BETWEEN THE TOWNSHIP OF BAYTOWN, THE CITY OF LAKE ELMO, AND THE COUNTY OF WASHINGTON FOR MAINTENANCE OF THE TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF COUNTY STATE AID HIGHWAY (CSAH) 15 (MANNING AVENUE NORTH) AND CSAH 14 (40TH STREET NORTH) THIS AGREEMENT, by and between the Township of Baytown, a municipal corporation, hereinafter referred to as the “Township”, the City of Lake Elmo, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County”, shall consist of this agreement and Exhibits A and B. WITNESSETH: WHEREAS, it has been determined to install a new steel-pole traffic signal at the intersection of CSAH 15 (Manning Avenue North) with CSAH 14 (40th Street North) in conjunction with a planned roadway construction project, and; WHEREAS, a cooperative effort between the Township, City and County is the appropriate method to facilitate the maintenance of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the traffic control signal system located on CSAH 15 (Manning Avenue North) at CSAH 14 (40th Street North), said intersection being located approximately 180 feet south of the southeast corner of Section 12 of Township 29 North, Range 21 West, as shown in Exhibit B as Signal System A. 2. The County shall, at its sole cost and expense, pay all monthly electrical service expenses necessary to operate the traffic control signal system including all cabinet and control equipment and integral streetlights, and including the cost of establishing and perpetuating a connection to the electrical service grid and subsequent ongoing electrical service expenses. 3. The County shall, at its sole cost and expense, maintain and keep in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires if necessary, and shall maintain and keep in repair the electrical connection to the luminaire heads. 4. The County owns the traffic control signal system and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the traffic control signal system including but not limited to the relamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle Preemption (EVP) system, attached signage, traffic signal interconnection and master Page 2 of 4 controller, and repair of any and all physical damage, except as set forth in the following section. 5. The County considers paint to be an aesthetic component of the traffic signal system. Therefore, if the Township and City mutually desire to paint the system, the Township or City shall, at its sole cost and expense, clean and paint the traffic control signal system and integral streetlights an agreed-upon color at the sole cost and expense of the Township or City, having first obtained a permit from the County which may place conditions on activities within the right-of-way. Alternatively, the Township or City may, at their discretion, request in writing that the County paint the traffic control signal system and integral streetlights at the sole cost and expense of the Township or City. 6. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal system as required by the Gopher State One Call system. 7. The Township or the City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP system; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal system may be directly involved in an emergency. 8. The EVP system provided for in this agreement shall be installed, operated, maintained, upgraded, or removed in accordance with the following conditions and requirements: a. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. The Township and City will, provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. b. Malfunctions of the EVP system shall be reported to the County immediately. c. Only in the event said EVP system or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by the Township or City of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP system. Upon removal of the EVP system pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. d. All timing of said EVP system shall be determined by the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the Township or the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the Township or the City. Page 3 of 4 E. INDEMNIFICATION 1. The Township and the City agrees that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the Township or the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the Township and the City against any and all liability, loss, damages, costs and expenses which the Township or the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS The Township or the City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 4 of 4 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O’Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date TOWNSHIP OF BAYTOWN Chair Date Clerk Date Approved as to form: Township Attorney Date R:\11505\Agreements\Lake Elmo Agreements\Traffic Signal\CSAH 15 at CSAH 14.doc P )m )m)s GuWX SËSË ?öA@)m)s GuWXGvWXGvWX?öA@ Sh"19A GsWXSÊ)m)s G«WX G«WXGªWX GªWX)s)m %&f(GrWX GtWX SÉGvWX GvWX GsWX GrWX GlWX GlWX GlWX GzWXGpWX GpWX GpWX %&f( %&h( %&h( !"b$)n GsWX ?öA@ ?öA@ GoWX Sf"17B GqWX GqWX GeWX GeWX GiWX GiWX GlWX?lA@ SÆ SÆ SÆ GuWX GuWX GuWX GuWX !"b$)n !"b$)n GrWX GrWX GrWX GrWX GiWX ?öA@ ?öA@ GuWXGnWXGnWX GnWXGnWX GoWX GdWX SÁ?ÇA@?ÇA@?ÇA@ GqWX GqWX GlWX G§WX U¡WX U¡WX GkWX GkWX GoWX GoWX S¿ S¿ GwWX GwWX GyWX GyWX GjWX?÷A@?÷A@ GuWXG§WX %&h( ?lA@ ?lA@ ?ÇA@ ?¸A@ G|WX ?¸A@ ?¸A@ ?÷A@ )s GgWX GgWX GgWX GgWX GfWX GfWX GfWX GfWX GfWX GhWX GhWX S¸ S¸ GoWX GoWX S¼ S¼ S³ S³ GbWXGjWX GjWX GdWX GdWX ?öA@ ?öA@ S¬ S¬Sº ?öA@ ?öA@ GfWX GcWXGcWXGcWXGcWXS¸GbWXGbWX GbWX GbWX GbWX ?öA@ S° S°?øA@?øA@?øA@?øA@?øA@?øA@?øA@ SÚ SÚGoWX GoWX GoWX GoWX S« S«S« Sø"A4 U¥WX U¤WX )s )s GaWXGaWX !"`$)s ?öA@ ?öA@ GzWX ?lA@ GfWX SÀ SÍ GlWX )l)l GeWX GkWX S½S¾GwWXG{WW GnWX GnWX GnWXGoWX GoWX DENMARKTOWNSHIP WOODBURY WEST LAKELANDTOWNSHIP STILLWATERTOWNSHIP STILLWATER OAK PARK HEIGHTS OAKDALE SCANDIA NEWPORT MAYTOWNSHIP MARINEON STCROIX MAHTOMEDI LAKEELMO HUGO GRANT FORESTLAKE DELLWOOD COTTAGEGROVE BAYTOWN TOWNSHIP AFTON ST PAULPARK This map is the result of a compilationand reproduction of land records as they appear in various Washington County offices.This map should be used for referencepurposes only. Washington County is not responsible for any inaccuracies. COUNTY ROAD ........................................ U.S. TRUNK HIGHWAY ............................ COUNTY STATE AID HIGHWAY ............... STATE TRUNK HIGHWAY ........................ INTERSTATE HIGHWAY ........................... Road Classification §¨¦494 £¤61 456721 Æÿ74 8 CSAH 15 / CSAH 14 - Realignment Project 0 2 4 6 81Miles 1:260,000Scale GqWX GnWX GoWX ?ÇA@ GqWX GnWXGoWX GoWX WEST LAKELANDTOWNSHIP OAK PARKHEIGHTS LAKEELMO BAYTOWNTOWNSHIP ^_ Lake Elmo & Baytown TwpCSAH 15 Project # SAP 082-615-027CSAH 14 Project # SAP 082-614-014 SHEET OF DRAWN BY Date License # Print Name: DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION H:\Projects\8141\CAD_BIM\Plan\Plan_B\8141b_gl01.dgn5/16/20176:26:02 PM...\Plan\Plan_B\8141b_gl01.dgn BENJAMIN J. HOBERT the laws of the State of Minnesota. that I am a duly Licensed Professional Engineer under was prepared by me or under my direct supervision and I hereby certify that this plan, specification, or report WASHINGTON COUNTY COMM. NO. 0148141 S. MARTINS 51790 082-614-014 082-615-027 & STATE AID PROJECT NO. C.S.A.H. 15 & C.S.A.H. 14 REALIGNMENT COUNTY PROJECT NO. 406 B. TODD B. HOBERTMB MBMBMBMB MBMBMB 197,000 494,000 197,000 491,000 193,500 491,000 LEGEND XXX XXX INPLACE ROADWAY PROPOSED CONSTRUCTION SHEET NO. TOPOGRAPHY AND UTILITY PLAN XXX REMOVAL PLAN SHEET NO. CONSTRUCTION PLAN SHEET NO. DRAINAGE PLAN SHEET NO. XXX PROPOSED SIGNAL 127 136 145 194 128 146 137 195 129 147 138 196 135 153 144 202 131 140 149 198 132 141 150 199 133 142 151 200 134 143 152 201 5000250 scale in feet 130 148 139 197 140 131 198 149 BASIN 1-2 BASIN 1-1 BASIN 3-1 BASIN 3-2 POND 1-3 INFILTRATION SWALE 2-1 127 136 194 SWALE 2-2 INFILTRATION BASIN 5-2 SWALE 5-1 INFILTRATION 2GENERAL LAYOUT 60 50 40 620 602 6106 3 0 420 400 410 430 440 450 330 300 310 320 340 350 21 25150110120 130 140 160 851 855 805 8 0 1 70105WASHINGTON COUNTY LAKE ELMO CITY OF SIGNAL SYSTEM A (40T H ST. N.) C.S. A. H. 14 41ST ST. N. 42 N D ST. N. 42 N D ST. N. MCFAIR AVE. N. 43R D ST. N.UNI ON P ACIFI C RAI L R OADTR. N. BLUESTEM LITTLE CT. N.BLUESTEMLI TTLELISBON AVE. N.39TH ST. N.{ N.B. C.S.A.H. 15 { S.B. C.S.A.H. 15 { E.B. C.S.A.H. 14 { W.B. C.S.A.H. 14 TOWNSHIP BAYTOWN STA. 302+00.00 { N.B. C.S.A.H. 15 S.A.P. 082-615-027 BEGIN STA. 346+70.00 { N.B. C.S.A.H. 15 S.A.P. 082-615-027 END LAKE ELMO CITY OF AIRPORT LAKE ELMO STA. 158+03.10 { W.B. C.S.A.H. 14 S.A.P. 082-614-014 END STA. 109+03.06 { W.B. C.S.A.H. 14 S.A.P. 082-614-014 BEGIN MC D O N AL D DR. N. LI N DE N TR. N. FAIRGROUNDS COUNTY WASHINGTON AVE. N. { MCFAIR CEMETERY TOWNSHIP BAYTOWN BLVD. N.)(STILLWATER C.S.A.H. 15 (STI LLWAT ER B LVD. N.)OLD T. H. 5 / C.S. A.H. 14{ FAIR { 43RD ST. N. BASIN 4-1 { STILLWATER WAY N.STI LLWA TER W AY N. (STILL WATER BL V D. N.) C.S. A. H. 14 (MANNING AVE. N.) C.S.A.H. 15 STAFF REPORT DATE: January 16, 2018 CONSENT #13 AGENDA ITEM: Approve Contract for Landscape Architecture Services SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: The City issued a Request for Proposals for Landscape Architecture Services last October. Council interviewed three firms in November and in December directed staff to enter contract negotiations with Wenck Associates Inc. ISSUE BEFORE COUNCIL: Should Council approve the contract with Wenck for Landscape Architecture Services? PROPOSAL: A copy of the proposed service agreement is included in your packet. It has been reviewed by the City Attorney and is similar in format to the City’s standard professional services agreement. Compensation will be based upon the hourly rates outlined in Exhibit B. In addition there are flat one hour rates for meetings of the Council. RECOMMENDATION: If removed from the consent agenda: “Move to approve the agreement between the City of Lake Elmo and Wenck for Landscape Architecture Services.” ATTACHMENT: • Wenck Landscape Architecture Services Agreement CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 1 of 10 514826v2 SJS LA515-1 CITY OF LAKE ELMO, MINNESOTA LANDSCAPE ARCHITECTURE SERVICES AGREEMENT This AGREEMENT is made effective on ____________, 2018, (“Effective Date”) between the CITY OF LAKE ELMO, MINNESOTA, a Minnesota Municipal corporation (hereinafter referred to as the “CITY”), and Wenck Associates, Inc., a Minnesota corporation (hereinafter referred to as “CONSULTANT”). From time to time the CITY intends to engage CONSULTANT to provide landscape architecture services. This Agreement sets forth the general terms and conditions which shall govern the relationship and performance of the CITY and CONSULTANT. In consideration of the foregoing recitals and following terms and conditions contained herein, the CITY and CONSULTANT agree as follows: ARTICLE 1: SERVICES OF THE CONSULTANT 1.1 Scope of Services: A. The services to be provided by CONSULTANT shall be set forth in a written communication or “Work Order” that is authorized by the CITY prior to the start of work. A copy of the form of Work Order to be used is attached hereto and incorporated by reference as Exhibit A. B. Professional Consulting Services will, in general, include studies and reports; plan review; preparation of design standards and policies of the CITY; design, preparation of working drawings and specifications; construction administration and construction observations; mapping, preparation of cost estimates; and other related tasks of a type normally associated with CITY projects and improvements. C. Either Party may propose a Work Order; the other Party agrees to accept or reject within 10 days of receipt of the proposal. If a proposed Work Order is rejected, neither Party shall have further responsibility with respect to that matter. D. Additional services outside the scope of a Work Order are to be provided on a fee basis, as set forth in Exhibit B, Fee Schedule, which is attached hereto and incorporated by reference. These services will be identified as extra services and CONSULTANT shall obtain the CITY’s approval in writing before work begins. E. In case of any inconsistency or ambiguity between the provisions of a Work Order and the provisions of this Agreement, the provisions of the Work Order shall prevail. F. This Agreement is not a commitment by the CITY to CONSULTANT to request services or to issue any Work Orders. CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 2 of 10 514826v2 SJS LA515-1 1.2 Work Order Procedure A. CONSULTANT shall provide the CITY with a “Work Order” for specific services or projects when requested by the CITY. Each Work Order will indicate the specific task, scope of services, time for performance, deliverables to be provided, and the basis of compensation. B. Individual “Work Orders” or written communications authorizing services by CONSULTANT shall be mutually approved by the CITY and CONSULTANT. Each duly executed Work Order shall be incorporated and made a part of this Agreement and the general considerations thereof. ARTICLE 2: PERIOD OF SERVICE AND TIMES FOR RENDERING SERVICES 2.1 Term: This Agreement shall be effective and applicable to each “Work Order” issued hereunder and shall apply to any service provided by CONSULTANT whether retained under a formal “Work Order” or other written action or approval by the CITY, subject, however, to termination by either party in accordance with Article 6.6. 2.2 The times for performing services or providing deliverables shall be as stated in each Work Order or written communication authorizing the service or deliverable. ARTICLE 3: COMPENSATION 3.1 Basis for Compensation: Compensation to CONSULTANT shall be as set forth in each Work Order. When services are requested by the CITY and a Work Order is not executed, the services shall be provided on an hourly rate basis in accordance with the hourly rate sheet on file at the CITY, or as mutually agreed to in written form. The current fee schedule is attached to this Agreement as Exhibit B. 3.2 Payments for Services A. Preparation and Submittal of Invoices: CONSULTANT shall prepare and submit invoices to the CITY on a monthly basis, unless otherwise mutually agreed. Invoices are due and payable within 45 days of receipt. B. Unpaid Invoices: All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1.0% per month, with interest beginning to accrue 30 days after the date of receipt of the invoice. Payment will be credited first to any interest and then to principal. C. Disputed Invoices: If the CITY contests an invoice, the CITY shall advise CONSULTANT of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. ARTICLE 4: CITY’S RESPONSIBILITIES 4.1 The CITY shall designate a person to act as the CITY’s representative with respect to services to be rendered under this Agreement. Unless otherwise designated in writing, the CITY’s representative shall be Emily Becker, Planning Director. Such persons shall have authority to transmit instructions, receive instructions, receive information, interpret and define CITY’s policies with respect to CONSULTANT’s services, and render decisions relative to a specific project. CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 3 of 10 514826v2 SJS LA515-1 4.2 Provide Access: The CITY shall provide access to, and make provisions for CONSULTANT to enter upon public or private property as required to perform their work. 4.3 Provide supporting documentation and Services: The CITY shall provide all necessary information regarding its requirements as necessary for orderly progress of the work, including records, data, instructions, and requirements for completeness. The CITY shall also provide services in regards to accounting, fiscal and bond counseling services, insurance, and legal services as may be required for the project. 4.4 The CITY shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by the CITY to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. 4.5 Provide Prompt Notice and Review: The CITY shall promptly review and examine all correspondence, reports, sketches, drawings, specifications and other documents and communications prepared and presented by CONSULTANT and render decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. The CITY shall also give prompt notice to CONSULTANT whenever the CITY observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT’s services or any defect in the work. 4.6 The CITY shall make timely payments to CONSULTANT as set forth in Article 3. ARTICLE 5: CONSULTANT’S OBLIGATIONS 5.1 CONSULTANT and its employees shall comply with and shall contractually require all subcontractors retained by CONSULTANT to comply with all statutes, ordinances, rules, regulations, and other laws applicable to its performance of Services. 5.2 CONSULTANT’s services will be provided in a manner consistent with the care and skill ordinarily used by reputable members of the profession practicing under similar conditions at the same time and general location. This statement of duty is exclusive. CONSULTANT shall be responsible for the technical accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in CITY-furnished information. 5.3 To the extent the Services, or any part thereof, involve estimates of construction, operating or any other costs, CONSULTANT agrees to make its best estimate of such costs based on information made available to CONSULTANT and based on CONSULTANT’s experience and knowledge. CONSULTANT cannot guarantee the accuracy of any such estimates, and it shall not be liable to the CITY or any other person for any loss or damage of any type based upon the use of, or reliance upon, such estimates. 5.4 CONSULTANT shall provide the Services in compliance with all reasonable health and safety rules of the CITY that the CITY has made known to CONSULTANT. CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 4 of 10 514826v2 SJS LA515-1 5.5 CONSULTANT agrees to secure all permits and licenses normally required in CONSULTANT’s name for the performance of the Services. The CITY shall cooperate with CONSULTANT in obtaining such permits and licenses as necessary. The fees for such permits and licenses shall be reimbursable expenses. 5.6 CONSULTANT reserves the right to engage any subcontractors it deems necessary to provide the services under this Agreement. At the CITY’s written request, the CITY shall have the right to approve any subcontractor that CONSULTANT proposes to use in connection with services under this Agreement, but such approval shall not be unreasonably withheld. 5.7 CONSULTANT shall appoint a "CONSULTANT Representative" to coordinate provision of the services on any Work Order with the CITY or the City’s representative. CONSULTANT’s representative shall be authorized to act on CONSULTANT’s behalf and to bind CONSULTANT and shall be available at reasonable times during the term of the Work Order to coordinate provision of the services, answer the CITY’s questions, and respond to the CITY’s problems or complaints. CONSULTANT reserves the right to change the CONSULTANT representative on any Work Order upon written notice to the CITY. The CONSULTANT representative shall be designated in the Work Order. 5.8 Except with respect to the work of subcontractors retained by CONSULTANT, CONSULTANT shall not, as a part of the services or in connection with visits to and observations at a work site, supervise, direct, stop, or otherwise control the work of others. CONSULTANT has no authority over, or no responsibility for, the means, methods, techniques, sequences, or procedures selected by others, or for safety precautions and programs incident to the work of others, or for any failure of others to comply with laws, rules, regulations, ordinances, codes, orders, or client safety rules applicable to furnishing and performing work related to, or in connection with, the services. Accordingly, CONSULTANT does not guarantee the performance of any other person or entity and CONSULTANT shall have no responsibility for the failure of any person or entity, other than a subcontractor retained by CONSULTANT, to furnish or perform work in accordance with any documents or any other documents, plans, or specifications. 5.9 The CITY acknowledges that CONSULTANT must rely on various engineering studies performed by others, and other information about existing systems in place and prior, and current and anticipated operations at the site, all obtained from others. The CITY further acknowledges that CONSULTANT may rely on such information to the extent that such reliance is reasonable under all the circumstances at the time without independently confirming the accuracy of it, and if such information is later determined to be inaccurate and except to the extent CONSULTANT’s reliance was negligent, the CITY releases and discharges CONSULTANT from any liability as to losses caused by such reliance. ARTICLE 6: GENERAL CONSIDERATIONS 6.1 Independent Contractor: CONSULTANT is an independent contractor. The manner in which the services are performed shall be controlled by CONSULTANT; however, the nature of the services and the results to be achieved shall be specified by the CITY. All services provided by CONSULTANT pursuant to this Agreement shall be provided by CONSULTANT as an independent contractor and not as an employee of the CITY for any purpose, including but not limited to: income tax withholding, workers’ compensation, unemployment compensation, FICA taxes, and eligibility for employee benefits. 6.2 Insurance A. CONSULTANT shall maintain statutory workers’ compensation insurance coverage. CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 5 of 10 514826v2 SJS LA515-1 B. CONSULTANT shall procure and maintain commercial general liability insurance coverage for protection from claims for damages because of bodily injury including personal injury, and from claims against it for damages because of injury to or destruction of property including loss of use resulting therefrom. The policy shall provide coverage for each occurrence in the minimum amount of $1,000,000. The CITY shall be listed as an additional insured. C. CONSULTANT shall also procure and maintain professional liability insurance coverage for damages arising out of the performance of services caused by a negligent error, omission or act for which CONSULTANT is legally liable. D. Certificates of insurance will be provided to the CITY upon execution of the contract and thereafter upon request by the CITY. E. CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CITY and its officials, agents, and employees against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by CONSULTANT’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom CONSULTANT is legally liable. F. The CITY agrees, to the fullest extent permitted by law, to indemnify and hold harmless CONSULTANT, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CITY's negligent acts and the acts of its contractors, subcontractors or consultants or anyone for whom the CITY is legally liable. G. Neither the CITY nor CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. 6.3 Data Practices Act Compliance: Data provided by CONSULTANT or created under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. If a data practices request is made to the CITY pursuant to Minnesota Statutes Section 13.03, subdivision 3, upon notification by the CITY to CONSULTANT of the request, CONSULTANT shall promptly provide the CITY with any information that CONSULTANT may have that is responsive to the request. 6.4 Use of Documents A. All Documents prepared and submitted by CONSULTANT are instruments of service, except for CITY- furnished data. CONSULTANT shall retain an ownership and property interest therein (including the right of reuse at the discretion of CONSULTANT) whether or not the Project or Service is completed. B. At the time of completion or termination of this Agreement or for each “Work Order,” CONSULTANT shall make available to the CITY, upon request, copies of all deliverables, maps, reports, and correspondence, pertaining to the work or Project. All such documents are not intended or represented to be suitable for reuse by the CITY for any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at the CITY’s sole risk. CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 6 of 10 514826v2 SJS LA515-1 C. In the event electronic copies of documents are made available to the CITY, CONSULTANT makes no representations as to long-term compatibility of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents’ creator. 6.5 Conflict of Interest: CONSULTANT shall use best efforts in the performance of its services and professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the CITY. In the event of a conflict, CONSULTANT, with the consent of the CITY, shall arrange for suitable alternative representation. It is the intent of CONSULTANT to refrain from handling matters for any other person or entity that may pose a conflict of interest, or may not be in the best interests of the CITY. 6.6 Termination A. Either party may terminate this Agreement upon thirty (30) days written notice. B. Either party has the right to terminate any “Work Order” upon ten (10) days’ written notice unless otherwise stated in the Work Oder. In addition, the CITY may at any time, reduce the scope of a “Work Order”. Such reduction in scope of a Work Order shall be set forth in a written notice from the CITY to CONSULTANT. C. In the event of a reduction in scope of a “Work Order,” CONSULTANT shall be paid for the work performed and expenses incurred on the Work Order thus reduced and for any completed and abandoned work for which payment has not been made. D. In the event of termination of an “Work Order,” copies of all documents prepared by CONSULTANT under the Work Order shall be made available by CONSULTANT to the CITY, pursuant to Article 6.4, and there shall be no further obligation of the CITY to CONSULTANT under the Work Order, except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. In like manner, if the entire Agreement is terminated, copies of all remaining documents on file with CONSULTANT shall also, upon request, be made available to the CITY pursuant to Article 6.4 upon receipt of payment of amounts due and owing CONSULTANT for any authorized work. 6.7 Controlling Law: This Agreement is to be governed by the laws of the State of Minnesota. 6.8 Successors, Assigns, and Beneficiaries A. The CITY and CONSULTANT are hereby bound and the successors, executors, administrators, assigns, and legal representatives of the CITY and CONSULTANT are hereby bound to the other party to this AGREEMENT and to the successors, executors, administrators, assigns and legal representatives of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither the CITY nor CONSULTANT may assign, sublet, or transfer any rights under or interest in this Agreement, or any portion thereof, without the written consent of the other party. Nothing contained in this paragraph shall prevent CONSULTANT from employing such independent professional CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 7 of 10 514826v2 SJS LA515-1 associates and consultants as CONSULTANT may deem appropriate to assist in the performance of services hereunder. C. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CITY and CONSULTANT. 6.9 Dispute Resolution A. The CITY and CONSULTANT agree to negotiate all disputes between them in good faith for a period of thirty (30) days from the date of notice prior to invoking other provisions of this Agreement, or exercising their rights under law. B. The CITY and CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall first be submitted to non-binding mediation unless the parties mutually agree otherwise, thereby providing for mediation as the primary method for dispute resolution between the parties to this Agreement. 6.10 Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 6.11 Survival, Severability, Waiver A. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. B. Severability: Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CITY and CONSULTANT. C. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 8 of 10 514826v2 SJS LA515-1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Wenck Associates, Inc. CITY OF LAKE ELMO, MINNESOTA By ____________________________________ By ___________________________________ __ Its: _______________________________ Mayor By ___________________________________ City Clerk CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 9 of 10 514826v2 SJS LA515-1 EXHIBIT A WORK ORDER FORM PROJECT AUTHORIZATION NO. In accordance with the Agreement for Landscape Architecture Services between the City of Lake Elmo (City) and Wenck Associates, Inc. (Wenck), this Authorization describes the Scope, Schedule, and Budget for Wenck’s services on the Project known as: Project Name SCOPE. The Scope of Services for this Authorization includes: • Task 1: o Subtask 1.1 o Subtask 1.2 • Task 2: o Subtask 2.1 o Subtask 2.2 SCHEDULE. The Estimated Schedule for this Authorization is set forth below: • Project Schedule BUDGET. The estimated fee for work based on this Authorization shall be the not-to-exceed amount of $ x.00 included and made a part of this Project Authorization TERMS AND CONDITIONS. The terms and conditions of the Landscape Architecture Services Agreement between the City and Wenck shall apply to this Authorization, except as expressly modified herein. ACCEPTANCE. The terms of this Authorization is acknowledged by the following signatures of the Authorized Representatives. CITY OF LAKE ELMO WENCK ASSOCIATES, INC. Signature Signature Emily Becker Lucius Jonett, PLA Planning Director Landscape Architect Date, 2018 Date, 2018 CITY OF LAKE ELMO – Landscape Architecture Services Agreement Page 10 of 10 514826v2 SJS LA515-1 EXHIBIT B FEE SCHEDULE Hourly Rates Even with our high level of service and no miscellaneous costs, Wenck provides very competitive rates. We are a local, full-service firm that is able to control costs. This makes us highly competitive. Wenck will provide the City of Lake Elmo all of our services at an hourly rate unless lump sum or percentage-based work orders are executed at your direction. A breakdown of assigned staff, hourly rates and fees is provided below. CATEGORY STAFF CITY RATE City Landscape Architect Lucius Jonett $130/hr Project Designer/ Assistant City Landscape Architect/Site Inspection Seth Bossert $115/hr Senior Landscape Architect Kevin Pfeiffer $160/hr Grant Writer Thomas Berry $120/hr Construction Inspector Nick Wyers $100/hr GIS Professional Hagen Kaczmarek $100/hr Wetland Specialist/ Scientist Wes Boll $120/hr 2017 Rates Will Be Held Through End of 2018 Wenck is proposing that rates will be held for 2018 and reviewed for the 2019 budget. Flat Fee Meetings • Wenck will attend Council Meetings as requested by the Council or City Administrator. • Wenck will attend for a flat fee of one hour per Council meeting regardless of meeting duration. • Workshops prior to Council or on a separate night will also be at the one-hour flat fee. This allows Council to direct attendance without concern of unknown costs. • Typically, no fee will be incurred by the City for Planning Commission meetings as time will be allocated to the application being reviewed or project being discussed. Special Rate/ Fee Option When preferred by the City, Wenck will perform work on a percentage basis based on construction costs. This may be similar to how you currently conduct large projects. For projects over $100,000, a fee could be negotiated in the 8% range for design, with hourly work for permits, surveying and construction inspection. STAFF REPORT DATE: January 16, 2018 CONSENT ITEM #: 14 AGENDA ITEM: Approve Revised 2018 Meeting Calendar SUBMITTED BY: Julie Johnson, City Clerk BACKGROUND: Adopting a meeting calendar serves as the official notice for the year of all upcoming meetings; thereby, satisfying legal requirements and increasing transparency to the general public. If approved, the meeting calendar will be posted at City Hall and on the City’s website. The 2018 meeting calendar was approved by Council at the 12-19-17 meeting. PROPOSAL: As part of its Consent Agenda, the City Council is respectfully requested to approve the revised 2018 City Meeting Calendar or amend as necessary. After Council approval, staff was notified that precinct caucuses will be held on Tuesday, February 6, 2018. No public meeting can be held on the same evening as precinct caucuses, therefore staff is recommending moving the February 6th Council meeting to Wednesday, February 7th. Additionally, a typo has been corrected that incorrectly labeled the August Parks Commission meeting. RECOMMENDATION: “Move to approve the amended 2018 Meeting Calendar.” FISCAL IMPACT: None ATTACHMENTS: 2018 Meeting Calendar City Council Meetings are held at 7:00 p.m. & Workshops are held at 6:30 p.m. Planning Commission Meetings are held at 7:00 p.m. Parks Commission Meetings are held at 6:30 p.m. Board of Appeal and Equalization held 5:00 p.m. – 7:00 p.m. All meetings are held in the Council Chambers unless otherwise noted 2018 REGULAR MEETING DATES January 2 City Council July 3 City Council January 8 January 9 January 16 January 17 January 22 February 7 February 12 February 13 February 20 February 21 February 26 March 6 March 12 March 13 March 19 March 20 March 26 April 3 April 9 April 10 April 16 April 17 April 23 April 25 May 1 May 7 May 8 May 14 May 15 May 21 June 4 June 5 June 11 June 12 June 18 June 19 Planning Commission City Council Workshop City Council Parks Commission Planning Commission City Council Planning Commission City Council Workshop City Council Parks Commission Planning Commission City Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission City Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission Board of Appeal and Equalization City Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission Planning Commission City Council Parks Commission City Council Workshop Planning Commission City Council July 9 July 10 July 16 July 17 July 23 August 7 August 15 August 20 August 21 August 27 August 28 September 4 September 10 September 11 September 17 September 18 September 24 October 2 October 9 October 10 October 15 October 16 October 22 November 7 November 13 November 14 November 19 November 20 November 26 December 4 December 10 December 11 December 17 December 18 Planning Commission City Council Workshop Parks Commission City Council Planning Commission City Council Planning Commission Parks Commission City Council Planning Commission City Council Workshop City Council Planning Commission City Council Workshop Parks Commission City Council Planning Commission City Council City Council Workshop Planning Commission Parks Commission City Council Planning Commission City Council City Council Workshop Planning Commission Parks Commission City Council Planning Commission City Council Planning Commission City Council Workshop Parks Commission City Council STAFF REPORT DATE: January 16, 2018 CONSENT #15 AGENDA ITEM: Approve Massage Therapy Premises License TO: Mayor and City Council SUBMITTED BY: Julie Johnson, City Clerk BACKGROUND: The City of Lake Elmo instituted a city license structure in December of 2012 in order to better regulate the practice of therapeutic massage in Lake Elmo. Licenses are subject to approval by the City Council. ISSUE BEFORE COUNCIL: Should Council approve the requested license? PROPOSAL: The City has received a Massage Therapy Premises License application from Ana daRocha Pereira for a new license to operate a massage therapy business at 11200 Stillwater Blvd. N., Suite 102 under the name Boon Massage & Wellness Center LLC. The appropriate fees have been paid and all required documentation has been provided, including training and insurance information. Ms. Pereira is currently licensed and employed in the City of Woodbury as a massage therapist and has leased space in Lake Elmo to start her own business. The premises permit includes one massage therapist (Ms. Pereria); additional licenses would be required if another massage therapist is added in the future. Washington County Sheriff’s Department is conducting a background check. FISCAL IMPACT: Background check fee of $100 plus license application fee of $100. OPTIONS: 1) Approve license 2) Deny license RECOMMENDATION: If removed from Consent Agenda: Motion to approve massage therapy premises license for Boon Massage & Wellness Center, LLC. STAFF REPORT DATE: January 16, 2018 CONSENT ITEM #: 16 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: “STATE OF MINNESOTA, MINNESOTA STATE COLLEGES AND UNIVERSITIES, DAKOTA COUNTY TECHNICAL COLLEGE, CUSTOMIZED TRAINING INCOME CONTRACT” REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: All personnel on the Lake Elmo FD are required to complete a basic driving operational and safety course. This is to provide the basic skills needed to safely operate the larger vehicles in the FD fleet. In addition, personnel pursuing the position of Fire Apparatus Operator (FAO) are required to take additional training in the driving of the larger vehicles. In the past the basic course has been provided at the Century College Driving School, which is now closed. The advanced course was taken at the St. Cloud Driving School. There have been price increases along with some changes at St. Cloud that made it difficult to schedule. The only other reasonable option we found to meet our training needs was with Dakota Technical. ISSUE BEFORE COUNCIL: Should the Council approve the “STATE OF MINNESOTA, MINNESOTA STATE COLLEGES AND UNIVERSITIES, DAKOTA COUNTY TECHNICAL COLLEGE, CUSTOMIZED TRAINING INCOME CONTRACT”. PROPOSAL DETAILS/ANALYSIS: The approval of this agreement would allow for Dakota Technical College to provide Emergancy Response Driving Training, to 7 personnel from the Lake Elmo FD, on Saturday January 27, 2018, from 9 am – 4 pm, at their facility. FISCAL IMPACT: $1,050.00, ($150.00 per student) OPTIONS: 1) Approval renewal of contract. 2) Deny approval RECOMMENDATION: Approve contract. ATTACHMENTS: Copy of agreement 1 Jim Unger F.Y. Cost Center Obj. Code Amount Vendor # P.O. # 2018 216-126 STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES DAKOTA COUNTY TECHNICAL COLLEGE CUSTOMIZED TRAINING INCOME CONTRACT Dakota County Technical College (hereafter “COLLEGE/UNIVERSITY”) by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities and Lake Elmo Fire Department, 3510 Laverne Avenue North, Lake Elmo, MN 55042 (hereafter “PURCHASER”) agree as follows: I. DUTIES OF THE COLLEGE/UNIVERSITY: The COLLEGE/UNIVERSITY agrees to provide the following: Title of Instruction/Activity/Service: Emergency Response Driving Date(s) of Instruction/Activity/Service: January 27, 2018 – 9am to 4pm Instructor/Trainer/Consultant: As provided by DCTC Location: DCTC Other Provisions: N/A II. DUTIES OF THE PURCHASER: The PURCHASER agrees to provide: 1 vehicle per 3 operators III. SITE OF INSTRUCTION/ACTIVITY/SERVICE: DCTC shall make all of the arrangements, including any payment, for the location to be used for the Instruction/Activity/Service. IV. CONSIDERATION AND TERMS OF PAYMENT: A. Cost. Cost of Instruction/Activity/Service (total or per hour): $150 per operator Other fees: N/A Notwithstanding the thirty (30) day notice period established in paragraph VII, in the event that the PURCHASER desires to cancel or reschedule the Instruction/Activity/Service due to low enrollment, PURCHASER shall give at least seven days notice in writing to the COLLEGE/UNIVERSITY’S authorized agent to cancel or reschedule. If the Instruction/Activity/Service is canceled as provided herein, the COLLEGE/UNIVERSITY shall be entitled to payment calculated according to paragraph VII. If the Instruction/Activity/Service is rescheduled as provided herein, payment shall be according to this paragraph IV. 2 Jim Unger B. Terms of Payment. The COLLEGE/UNIVERSITY will send an invoice for the Instruction/ Activity/Service performed. The PURCHASER will pay within 30 days of receiving the invoice. Please send payment to: Dakota County Technical College Attn: Accounts Receivable 1300 145th Street East Rosemount, MN 55068-2999 V. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT: A. PURCHASER’S authorized agent: Nick Witter, Captain, NWitter@lakeelmo.org B. COLLEGE/UNIVERSITY authorized agent: Chad Sheets, Dean of Customized Training & Continuing Education VI TERM OF CONTRACT: A. Effective date: January 27, 2018 B. End date: January 27, 2018 or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. VII. CANCELLATION. This contract may be canceled by the PURCHASER or the COLLEGE/ UNIVERSITY at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the COLLEGE/UNIVERSITY shall be entitled to payment, determined on a pro rata basis, for work or Instruction/Activity/Service satisfactorily performed. VIII. ASSIGNMENT. Neither the PURCHASER nor the COLLEGE/UNIVERSITY shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. IX. LIABILITY. The PURCHASER shall indemnify, save, and hold the COLLEGE/UNIVERSITY, its representatives and employees harmless from any and all claims or causes of action, including all attorneys’ fees incurred by the COLLEGE/UNIVERSITY, arising from the performance of this contract by the PURCHASER or PURCHASER’S agents or employees. This clause shall not be construed to bar any legal remedies the PURCHASER may have for the COLLEGE/UNIVERSITY’S failure to fulfill its obligations pursuant to this contract. X. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. The PURCHASER agrees that in fulfilling the duties of this contract, the PURCHASER is responsible for complying with the applicable provision of the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. and regulations promulgated pursuant to it. The COLLEGE/UNIVERSITY IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA. XI. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. XII. GOVERNMENT DATA PRACTICES ACT. The PURCHASER must comply with the Minnesota Government Data Practices Act, Minnesota Statues Chapter 13, as it applies to all data provided by the COLLEGE/UNIVERSITY in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the PURCHASER in accordance with this contract. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Article by either the PURCHASER or the COLLEGE/UNIVERSITY. In the event the PURCHASER receives a request to release the data referred to in this Article, the 3 Jim Unger PURCHASER must immediately notify the COLLEGE/UNIVERSITY. The COLLEGE/UNIVERSITY will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released. XIII. RIGHTS IN ORIGINAL MATERIALS. The Dakota County Technical College shall own all rights, including all intellectual property rights, in all original materials, including any curriculum materials, inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically or magnetically recorded materials, and other work in whatever form, developed by the COLLEGE/UNIVERSITY and its employees individually or jointly with others or any sub PURCHASER in the performance of its obligations under this contract. This provision shall not apply to the following materials: N/A or See Attached XIV. JURISDICTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. XV. OTHER PROVISIONS. (Attach additional page(s) if necessary): Not Applicable IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. PURCHASER: Lake Elmo Fire Dept PURCHASER certifies that the appropriate person(s) have executed the contract on behalf of PURCHASER as required by applicable articles, by-laws, resolutions, or ordinances. 2. MINNESOTA STATE COLLEGES AND UNIVERSITIES Dakota County Technical College By (authorized signature) By (authorized College/University signature) Title Title Date Date By (authorized signature) Title Date MnSCU 003 07/07/03