HomeMy WebLinkAbout5-1-18 Full meeting packet
NOTICE OF MEETING
City Council Meeting
Tuesday, May 1, 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. April 17, 2018
D. Public Comments/Inquires
E. Presentations
2. Hagberg’s Recognition for Environmentally-friendly Practices
3. Lake Elmo Jaycees Donation – Resolution 2018-047
F. Consent Agenda
4. Approve Payment of Disbursements and Payroll
5. Approve SCADA System Service Agreement
6. Approve Addition to Sunfish Lake Park Entrance Sign – Sally Manzara Nature Center
7. Adopt Resolution Approving Cooperative Maintenance Agreement for CSAH 15/Stillwater Way Traffic
Signal - Resolution 2018-046
8. Approve Adopt a Park Program
9. Approve 2019 Budget Calendar
10. Approve Meeting Calendar Update
G. Regular Agenda
11. Demontreville Park Ballfields
12. Tennis Camp Proposal
H. Council Reports
I. Staff Reports and Announcements
The council will enter a closed session pursuant to Minn. Stat. 13D.05, subd. 3(a) to discuss the performance of employee
Matt Nicklay
J. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO
CITY COUNCIL MINUTES
APRIL 17, 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, Julie Fliflet, Jill Lundgren
and Christine Nelson
Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning
Director Becker, and City Clerk Johnson.
APPROVAL OF AGENDA
Item 12, “Approve Street Naming Policy” was moved to the Regular Agenda.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE
AGENDA AS AMENDED. Motion passed 5 – 0.
ACCEPT MINUTES
Minutes of the April 3, 2018 Regular Meeting were accepted as presented. Councilmember
Lundgren abstained due to her absence from the April 3rd meeting.
PUBLIC COMMENTS/INQUIRIES
None
PRESENTATIONS
Mayor Pearson read a Proclamation declaring April 28, 2018 to be Arbor Day in Lake Elmo,
Minnesota.
CONSENT AGENDA
3. Approve Payment of Disbursements and Payroll
4. Accept Building Department March 2018 Report
5. Accept Fire Department March 2018 Report
6. Accept Public Works March 2018 Report
7. Approve Property Tax Abatement – 4823 Olson Lake Trail - Resolution 2018-040
8. Approve City Administrator Pay Increase
9. Approve Hiring of Finance Director
10. Approve Updated Accountant Job Description
11. Award Bid for Lawn Mowing
12. Approve Street Naming Policy Amendment – Ordinance 08-208
LAKE ELMO CITY COUNCIL MINUTES
APRIL 17, 2018
Page 2 of 4
13. Approve 2017 Street Improvements Compensating Change Order No. 4
14. Approve 2017 Street Improvements Pay Request No. 6
15. Accept Quotes and Award Contract for 2018 Crack Seal Project
16. Approve 2018 Crack Seal and Seal Coat Projects Joint Services Agreement with
Denmark Township
17. Approve Wildflower 2nd Addition Amendment to Developer Agreement – Resolution
2018-041
18. Approve Wildflower 3rd Addition Developer Agreement – Resolution 2018-042
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE
CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0.
ITEM 12: Approve Street Naming Policy Amendment
City Administrator Handt reviewed past action taken related to the Street Naming Policy and
discussion held at the March 13, 2018 City Council Workshop.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT
ORDINANCE 08-208 AMENDING THE CITY’S STREET NAMING POLICY.
Mayor Pearson, seconded by Councilmember Nelson, moved TO ADD TO SECTION 1,
PARAGRAPH (1), “NO STREET NAME THAT ALREADY EXISTS IN THE CITY OR ITS
ENVIRONS SHALL BE USED, UNLESS THE PROPOSED STREET IS THE LOGICAL
EXENSION OF AN ALREADY NAMED STREET, IN WHICH EVENT THE SAME NAME
SHALL BE USED.” Motion passed 3 – 2. (Fliflet, Lundgren – nay)
Mayor Pearson, seconded by Councilmember Nelson, moved TO STRIKE SECTION (1)a.i &
ii. Motion passed 3 – 2. (Fliflet, Lundgren – nay)
Mayor Pearson, seconded by Councilmember Nelson, moved TO AMEND THE POLICY TO
ADD THAT IF A ROAD IS PROPOSED IN LINE WITH AN EXISTING ROAD AND THE
NEW ROAD IS ONE QUARTER MILE OR LESS FROM THE EXISTING ROAD, THEN
THE NAME OF THE NEW ROAD SHALL CHANGE. Motion failed 2 – 3. (Bloyer, Fliflet,
Lundgren – nay)
Primary motion passed 3 – 2. (Fliflet, Lundgren – nay)
ITEM 19: District Court Order to Approve Halcyon Cemetery
City Planner Becker reviewed the events that have occurred since the Council’s decision to deny
the application on October 6, 2015.
Susan Saffle, 11180 50th Street N., asked that the City follow all rules related to this project.
LAKE ELMO CITY COUNCIL MINUTES
APRIL 17, 2018
Page 3 of 4
Kristina Lundquist, 5410 Lake Elmo Avenue N., asked that the City stringently limit chemicals
the cemetery can use or store on site.
Jean Mandrinich, 11240 50th Street N., asked if the City can find a way to stop the development
of the cemetery.
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2015-59 APPROVING THE HALCYON CEMETERY PRELMINARY AND
FINAL PLAT, SUBJECT TO RECOMMENDED CONDITIONS OF APPROVAL AS
ORDERED BY THE DISTRICT COURT. Motion passed 4 – 0 – 1. (Lundgren –
present/not voting)
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO RECONSIDER THE
VOTE ON ITEM 19. Motion failed 2 – 3. (Pearson, Fliflet, Lundgren – nay)
ITEM 20: Old Village Phase 4 Street & Utility Improvements Feasibility Report; Call for
Improvement and Assessment Hearing
City Engineer Griffin presented the feasibility report for the Old Village Phase 4 Street & Utility
Improvements. Griffin reviewed the area included in the project, scope of improvements, project
schedule and detailed review of the improvements.
Dave Faint, 3617 Laverne Avenue N., stated that the tennis courts in Lions Park are rarely used
and commented on drainage issues in the area causing flooding at his property.
Councilmember Nelson, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2018-043 RECEIVING THE FEASIBILITY REPORT FOR THE OLD
VILLAGE PHASE 4 STREET AND UTILITY IMPROVEMENTS AND CALLING
HEARING ON IMPROVEMENT TO BE HELD ON MAY 15, 2018. Motion passed 5 – 0.
Councilmember Nelson, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2018-044 DECLARING COST TO BE ASSESSED AND CALLING
HEARING ON PROPOSED ASSESSMENT FOR THE OLD VILLAGE PAHSE 4 STREET
AND UTILITY IMPROVEMENTS TO BE HELD ON MAY 15, 2018. Motion passed 5 – 0.
ITEM 19: Halcyon Cemetery
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO RECONSIDER THE
MOTION REGARDING HALCYON CEMETERY. Motion passed 3 – 2. (Fliflet, Lundgren
– nay)
Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT
RESOLUTION 2015-59. Motion passed 4 – 0 – 1. (Lundgren – present/not voting_
ITEM 21: Old Village Phase 4 Street & Utility Improvements Plans & Specs; Authorize
Ad for Bids
LAKE ELMO CITY COUNCIL MINUTES
APRIL 17, 2018
Page 4 of 4
Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION
2018-045 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE
ADVERTISEMENT FOR BIDS FOR THE OLD VILLAGE PHASE 4 STREET AND
UTILITY IMPROVEMENTS. Motion passed 5 – 0.
COUNCIL REPORTS
Mayor Pearson: Reported that the Lake Elmo Elementary PTA is fundraising for playground
improvements. Attended open house events for the Comp Plan update and 3M lawsuit. Held
discussions with property owners regarding an acceleration lane on Highway 36 and met with
Representative Lohmer for assistance. Remembered residents Jerome Eder and Bob Pike who
recently passes away.
Councilmember Nelson: Attended open house events for the Comp Plan update and 3M lawsuit.
Councilmember Lundgren: Received calls regarding plowing issues in the Tri Lakes area.
Attended open house events for the Comp Plan amendment and 3M lawsuit.
Councilmember Bloyer: Reported that the Olson and Demontreville lake associations have
unified.
Councilmember Fliflet: Commended staff for their response to recent tragedies in the city.
STAFF REPORTS AND ANNOUNCEMENTS
Administrator Handt: Noted upcoming joint meeting with the Planning Commission and
Board of Appeals. Announced upcoming deadline to register for the LMC conference, Arbor
Day tree giveaway. Attended a meeting regarding the 3M lawsuit and announced an upcoming
open house meeting to discuss Manning Avenue project.
Sergeant Osterman: Noted increase in phone scams and informed the public that the IRS does
not call and demand information.
City Attorney Sonsalla: Working on closing documents for the Brookfield building purchase
and development issues.
Planning Director Becker: Thanked everyone who attended the Comp Plan open house.
Meeting adjourned at 9:10 pm.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
PROCLAMATION
Recognizing Hagberg’s Country Market for their Sustainable and
Environmentally-Friendly Practices
WHEREAS the City of Lake Elmo’s Environmental Committee has nominated
Hagberg’s Country Market for recognition of their sustainable business practices for the
betterment of the community; and
WHEREAS Hagberg’s Country Market uses only non-bleached butcher paper,
biodegradable sandwich containers, and compostable soup containers; and
WHEREAS Hagberg’s has installed closed-case and energy-efficient refrigerators; and
WHEREAS they have upgraded their lighting to energy-efficient LED lighting; and
WHEREAS their beef and pork are sourced locally from organizations that raise their
animals humanely in a ranch environment where they have access to sunshine, grass, and fresh
air, and are fed nutritious diets with minimal additives; and
WHEREAS their beef is purchased from Revier Cattle Company who focus on
sustainable social, economic, and environmental beef production through their implementation
the evolving Sustainability Scorecard System; and
WHEREAS Hagberg’s uses nearly the entire animal for steaks, sausages, ground meat,
and all prepared foods to minimize waste; and
WHEREAS Hagberg’s focuses on service at the meat counter over pre-packaged orders
to further cut down on waste.
THEREFORE BE IT RESOLVED that the City Council of the City of Lake Elmo does
herby recognize for Hagberg’s Country Market and their efforts to participate in sustainable and
environmentally-friendly business practices.
Signed this 1st day of May, 2018.
_____________________________
Mike Pearson
Mayor
STAFF REPORT
DATE: May 1, 2018
Presentations
ITEM #: 3
AGENDA ITEM: Jaycees Donation
TO: Mayor and City Council
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND:
State statute requires that cities accept donations via resolution. The Lake Elmo Jaycees will be donating
to the City of Lake Elmo at this meeting.
ISSUE BEFORE COUNCIL:
Should Council accept the donation of $12,700 from the Lake Elmo Jaycees?
PROPOSAL:
The Lake Elmo Jaycees will be presenting a check for $12,700 to the City Council at the meeting. Included
in your packet is a resolution for the Council to officially accept the donation.
FISCAL IMPACT:
The 2018 General Fund budget includes $10,000 in donations.
OPTIONS:
1) Approve Resolution No 2018-047
2) Amend and then Approve Resolution No 2018-047
3) Don not accept the donation from the Lake Elmo Jaycees
RECOMMENDATION:
Motion to approve Resolution No 2018-047
ATTACHMENTS:
• Resolution No 2018-047
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-047
A RESOLUTION ACCEPTING DONATED FUNDS FROM THE LAKE ELMO
JAYCEES
WHEREAS, Minnesota Statues Section 465.03 provides that donations to the City
be accepted by resolution of the City Council; and
WHEREAS, the Lake Elmo Jaycees have proposed contributing $12,700 to the
City of Lake Elmo; and
WHEREAS, the City Council of the City of Lake Elmo agrees that said
contribution would be of benefit to the citizens of Lake Elmo; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Lake Elmo, Minnesota, does hereby acknowledges and agrees to accept said donation of
$12,700 from the Lake Elmo Jaycees on behalf of the citizens of Lake Elmo.
APPROVED by the Lake Elmo City Council on this 1st day of May, 2018.
By: __________________________
Mike Pearson
Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
STAFF REPORT
DATE: 5/1/2018
CONSENT
ITEM #: 5
MOTION
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: SCADA System Service Agreement
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: In 2016 the City of Lake Elmo entered into a 2-year service agreement with
Telemetry & Process Control to perform preventative and corrective maintenance of the computer system
and controls that operate the municipal water and sewage pumping systems. The aforementioned contract
will expire on April 30, 2018.
ISSUE BEFORE COUNCIL: Does the City Council want to enter a 2-year maintenance contract with
TPC for the water and wastewater SCADA System?
PROPOSAL DETAILS/ANALYSIS: Entering into the proposed service agreement helps ensure that
SCADA System functions will be maintained to operate as designed. In addition, this contract guarantees
phone support and on-site services 24 hours a day.
TPC is the designer of the current SCADA System and has been providing support for the operation of city
wells, water towers and lift stations for years. With the growth of the city’s infrastructure service of this
type is crucial in order to provide uninterrupted water and sewer services to Lake Elmo residents.
FISCAL IMPACT: $11,748 per year paid monthly out of Water and Sewer Contract Services
OPTIONS:
• Approve SCADA System Service Agreement
• Deny SCADA system Service Agreement
RECOMMENDATION: If removed from consent agenda
“Motion to approve a 2-year SCADA System Service Agreement with Telemetry & Process Controls”
ATTACHMENTS:
• Service Agreement Proposal
April 18, 2018
City of Lake Elmo - Public Works Department
3800 Laverne Avenue
Lake Elmo, MN 55042
Attention: Mr. Rob Weldon - Public Works Director
rweldon@lakeelmo.org
651-747-3941
Subject: City of Lake Elmo Water Distribution / Wastewater Collection
SCADA System – Annual Service Agreement Proposal
Dear Mr. Weldon,
Please find in this letter information and pricing for a new annual service agreement.
The existing agreement ends on April 30th, 2018.
We highly recommend that the City of Lake Elmo enter into a new Water Distribution / Wastewater Collection SCADA
System maintenance agreement with TPC, Inc. The proposed agreement includes preventative and corrective
maintenance services*.
Listed below are some important reasons why the agreement will be of benefit to the City of Lake Elmo:
• Reduced hourly service & support rates will apply.
• A guaranteed response time for phone support and “on-site” services that will be negotiated based upon your
needs and the requirements of the system. Customers who are not under contract will continue to receive our
technical service support; however, the response time is not guaranteed.
• It has been proven that SCADA systems that are properly maintained operate more efficiently with much less
downtime and potential associated overtime expense.
• Systems that are routinely maintained typically last longer than systems without preventative maintenance
services.
TPC’s maintenance agreement includes three major service components:
• The first of these components is the provision for a complete “on-site” system check out. We recommend that this
preventative maintenance be done a minimum of once a year.
• The second component of our agreement consists of “on-site” corrective maintenance; to repair and/or replace
failed hardware components or to troubleshoot and rectify system operational or data communication is sues.
• The third component is the provision for an estimated number of TPC service engineer “phone support” hours.
The following services are typically provided as part of a complete “on-site” system check out:
• Check each sites PLC processor for proper running condition.
• Verify each digital input and digital output.
• Verify the calibration of each analog input and recalibrate if necessary.
• Check all PLC power supplies for proper voltages and replace if necessary.
• Examine all local hardware (i.e. switches, displays, lights, relays, etc.) to verify their proper operating condition.
• Check all local D.C. power supplies; to verify output voltages and replace if necessary.
• Check each Uninterruptible Power Supply (UPS) to verify proper operation and the status of the battery in each
unit. Replace as necessary.
• Verify and tighten all terminals so there are no loose wire connections.
• Verify proper RF communication at all SCADA system equipment locations.
• Verify the proper operation of the HMI software programs and provide the City with recommended HMI package
updates when they become available.
• Run tests on the SCADA system printer(s); verify proper communications with the PC.
• Check all spare parts, verify proper working condition, and replace bad parts.
• Retrain all existing personnel and train new City personnel who interface with the SCADA system as needed.
TPC is fully aware of and acknowledges the City’s economic constraints. For this reason, we stress the importance in
considering the short and long-term savings that can be realized by having this annual service agreement in place.
Based upon the number of TPC service tech hours incurred during the initial existing agreement, this new City of Lake
Elmo Water Distribution / Wastewater Collection SCADA System – Annual Service Agreement Contract includes a
maximum of one-hundred forty-five (145) hours of TPC technical Service Engineer’s time per year for “on-site” service,
telephone support and the yearly system preventative maintenance check. The existing agreeme nt was based upon a
maximum of seventy-five (75) hours annually.
TPC’s monthly charge for this continued service will be $979; resulting in a total annual amount of $11,748 .
TPC, Inc. is willing to extend this annual contract rate for an additional year; if that is part of the signed agreement now.
Replacement parts are not included in this service agreement.
We appreciate the opportunity to present this proposal to the City of Lake Elmo Public Works Department.
Following your review, please let us know if you have any questions or concerns.
Sincerely,
David Gardeen
Vice President – Environmental Sales
*Preventive maintenance, as the term is used herein, has the following meanings:
1. The care and servicing by personnel for the purpose of maintaining the SCADA system hardware & software in
satisfactory operating condition by providing for systematic inspection, detection, and correction of incipient
failures either before they occur or before they develop into major defects.
2. Maintenance, including tests, measurements, adjustments, and parts replacement, performed specifically to
prevent faults from occurring.
The primary goal of this maintenance is to avoid or mitigate the consequences of equipment failure. This may be by
preventing the failure before it occurs; which Planned Maintenance and Condition Based Maintenance help to achieve. It
is designed to preserve and restore equipment reliability by replacing worn components before they fail. Preventive
maintenance activities include partial or complete overhauls at specified periods. In addition, our service engineers can
record equipment deterioration, so they know to replace or repair worn parts before they cause system failure. The ideal
preventive maintenance program would prevent all equipment failure before it occurs.
In summary:
➢ Preventive maintenance is conducted to keep the SCADA system equipment working and to extend the life of
the equipment.
➢ Corrective maintenance, sometimes called "repair", is conducted to get the SCADA system equipment
working again.
Proposal for TPC, Inc. to provide the
City of Lake Elmo, MN Public Works Department
an Annual Service Agreement for the
Water Distribution / Wastewater Collection
Supervisory Control And Data Acquisition (SCADA) System
Accepted by:
The proposal and terms & conditions herein are acknowledged and accepted:
___________________________________________ _____________________________
Name/Title Date
___________________________________________ _____________________________
Authorized Signature Purchase Order No.
_____ Please put a check mark here if you want this to be a two-year Service Agreement
(in lieu of a one-year agreement).
Cc: Mr. Ryan Stempski, P.E. – Focus Engineering, Inc.
Mr. Brad Winkels – TPC Sales Engineer
Mr. Jim Danko – TPC Technical Services Manager
Terms and Conditions
ACCEPTANCE: This proposal is an invitation for an offer and will become a binding contract when accepted.
LIMITATION OF PROPOSAL: The prices and terms quoted in this proposal are subject to acceptance by the Purchaser within a period
of (30) calendar days from the date herein.
EXCLUSIONS: This proposal is based solely and completely on specifications submitted to Telemetry and Process Controls, Inc. (TPC)
at the time of the writing of the proposal. General plans and specification not actually submitted shall not apply. This prop osal, together
with all annexed specifications, when accepted, shall be the complete agreement bet ween the parties; and any alternations or unusual
and undisclosed conditions or deviations from the above specifications involving extra costs shall be agreed upon in writing by both
parties and shall become an additional charge over and above the proposal price set forth herein. Delays or impossibility of performance
by TPC because of strikes, accidents, or other reasons beyond the control of TPC shall relieve us from all liability herein.
TERMS OF PAYMENT: Terms are Net 30 days, based on rated credit. Otherwise, alternate arrangements must be made. These terms
and conditions have control over any terms presented by Buyer, through a purchase order or otherwise.
We reserve the right to cancel the contract or cease work if payments thereon are not received w hen due. 1.5% per month shall be
charged on all unpaid balances.
TAXES: The Purchaser shall pay any local, state or federal sales, excise or use tax imposed on the equipment in addition to the pric es
quoted.
WARRANTY LIMITATION: There are no warranties that extend beyond the warranties herein after expressed.
WARRANTIES: All work shall be done in a workmanlike manner according to standard practices. We warrant performance against
defects in materials and workmanship for a period of twelve (12) months from the date of shipment from TPC. We agree to pass on to
the Purchaser such warranties, if any, as may be extended by the manufacturer for material supplied. Labor for replacing defe ctive
materials shall not be provided by us unless it is specifically spelled out in the proposal. We shall not be responsible for materials damaged,
lost or stolen after delivery, through no fault of ours, or for failure to deliver and perform because of reasons beyond our control.
EXCLUSIVE REMEDIES: Remedies are limited to the repair or replacement at FOB point of delivery. Consequential damages are
excluded. In no event shall TPC be responsible for consequential damages of any such defective material or workmanship includ ing, but
not limited to, the Purchaser's loss of material or profits, increased expenses of operation, downtime or reconstruction of the work, and in
no event, shall TPC's obligation under this warranty exceed the original contract price of the defective item. It is agreed that any ac tion
for breach of express or implied warranty shall be initiated within fifteen (15) months from the date of shipment by TPC and only those
defects that are documented to have occurred within twelve (12) months from the date of the equipment’s start -up and acceptance or
(15) fifteen months from the date of TPC’s shipment will be covered by the warranty.
DISCLAIMER: TPC will not be responsible for damage to equipment or materials through improper installation, storage, improper
services, or through attempts to operate it more than its rated capacity or recommended use, intentional or otherwise, by parties other
than TPC or its authorized representatives.
CONDITIONS OF SALE: Prices quoted are those now in effect.
LIMITATIONS OF LIABILITY
A. Neither Seller nor its suppliers of any tier will be liable to Purchaser, whether in contract, in tort (including negligence and strict liabilit y),
under any warranty or otherwise, for any special, indirect, incidental, or consequential loss or damage whatsoever, or for lo ss of or to the
plant, loss of use of equipment or power system, cost of capital, loss of profits or revenue or the loss of use thereof, cost of environmental
damage or clean-up, or claims of customers of Purchaser. The remedies set forth herein are exclusive, and the total cumulative liability
of seller and it suppliers under any purchase order or any act or omission in connection therewith or related thereto, whethe r in contract,
in tort (including negligence and strict liability), under any warranty, or otherwise, will be limited to the price of the contract.
B. The provisions of this Article shall survive termination, cancellation or expiration of the purchase order and shall apply ,
notwithstanding any other provisions of this Agreement or any related docu ment thereto, to the fullest extent permitted by law. Prior to
the transfer of any equipment or material furnished or for which work is furnished hereunder from the project site (except te mporarily for
repair work or permanently for disposal), or the transfer of any interest therein or in the plant, Purchaser shall obtain for Seller written
assurances from the transferee of limitation of and protection against liability following the proposed transfer at least equ ivalent to that
afforded seller and its suppliers under the purchase order.
STAFF REPORT
DATE: May 1, 2018
REGULAR
ITEM #: 7
MOTION
TO: City Council
FROM: Ben Prchal, City Planner
AGENDA ITEM: Sign for Sally Manzara Nature Center
REVIEWED BY: Emily Becker, Planning Director
BACKGROUND:
Representatives of the Sally Manzara Nature Center reached out to City staff inquiring about adding
signage for their nature center. Staff recommend adding a third bar to the current entrance sign for
Sunfish instead of installing a new sign. Staff was able to find the manufacturer of the original signs and
put the two in touch to create a rendering for review. There were a few factors that played into this
recommendation. Staff took into considered that the organization has limited funding and this option
would be less costly than erecting a new sign, this also eliminates having multiple signs, and it would
maintain constancy.
PROPOSAL:
The nature center is requesting permission from the City to allow them to purchase a separate bar of their
own to add to the current Sunfish Lake Park sign. Does the City Council have an issue or further comment
related to this proposal?
FISCAL IMPACT:
There is not expected to be a fiscal impact to the City.
STAFF AND PARKS COMMISSION RECOMMENDATION:
Staff feels that it would be appropriate to allow the addition of a third bar to the current Sun Fish Lake sign
as it is an added amenity to the park and this will maintain consistency for signage. The Parks Commission
has reviewed the graphic and was in support of the addition. There was also the mention of moving the
Nature Center to the top and putting the park hours on the bottom. Staff is recommending approval as
shown in the included rendering.
“Motion to approve purchase and installment of the sign as it has been presented by the Sally
Manzara Nature Center”
OPTIONS:
1) Recommend approval of the additional bar.
2) Recommend denial of the additional bar.
ATTACHMENTS:
• Graphic of proposed sign.
Sally Manzara Nature Center
STAFF REPORT
DATE: May 1, 2018
CONSENT
ITEM #: 7
AGENDA ITEM: Manning Avenue North (CSAH15) and Stillwater Way Traffic Signal –
Resolution Approving Cooperative Maintenance Agreement
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 Maintenance Agreement
with Washington County for the Manning Avenue North (CSAH15) and Stillwater Way Traffic Signal
Improvements?
BACKGROUND, PROPOSAL DETAILS/ANALYSIS: As part of Washington County’s Capital
Improvement Program, the County intends to reconstruct and realign County State Aid Highway 15
(Manning Avenue) and County State Aid Highway 14 (Stillwater Boulevard) located in the City of Lake
Elmo and Baytown Township, including the installation of a new steel-pole traffic signal at the intersection
of Manning Avenue North (CSAH 15) and Stillwater Way North. The purpose for the Cooperative
Maintenance Agreement is to outline the respective ownership and maintenance responsibilities for the
intersection improvements which includes one leg of a City owned street. The 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 re-lamping 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 City will pay all monthly electrical service expenses necessary to operate the traffic control signal
system including all cabinet and control equipment and integral street lights and including the cost for
maintaining an ongoing electrical service connection. 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.
FISCAL IMPACT: Ongoing traffic signal and street light operational electrical service costs.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent
agenda, the Cooperative Maintenance Agreement with Washington County for the Manning Avenue North
(CSAH15) and Stillwater Way Traffic Signal Improvements. If removed from the consent agenda, the
recommended motion for the action is as follows:
“Move to approve Resolution No. 2018-046 approving Cooperative Maintenance Agreement 11696 for
the Manning Avenue North (CSAH15) and Stillwater Way Traffic Signal Improvements.”
ATTACHMENTS:
1. Resolution Approving Cooperative Maintenance Agreement 11696.
2. Cooperative Maintenance Agreement 11696.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-046
A RESOLUTION APPROVING COOPERATIVE MAINTENANCE
AGREEMENT WITH WASHINGTON COUNTY FOR STATE AID
HIGHWAY 15 (CSAH15) & STILLWATER WAY
WHEREAS, it has been determined to install a new steel-pole traffic signal at the intersection of
CSAH 15 (Stillwater Boulevard) with Stillwater Way 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, BE IT RESOLVED,
1. That Cooperative Maintenance Agreement 11696 between the City of Lake Elmo and Washington
County is hereby approved and the Mayor and City Administrator are hereby authorized to execute
the agreement on behalf of the City of Lake Elmo.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIRST DAY OF MAY 2018.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor
(Seal)
ATTEST:
________________________________
Julie Johnson
City Clerk
Page 1 of 4
WASHINGTON COUNTY
CONTRACT NO. 11696
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 (STILLWATER BOULEVARD)
AND STILLWATER WAY 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 (Stillwater Boulevard) with Stillwater Way 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
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 (Stillwater Boulevard) at Stillwater Way North, said intersection being
located approximately 1350 feet north of, and 60 feet east of, the southeast corner of Section 12
of Township 29 North, Range 21 West, as shown in Exhibit B as Signal System B.
2. The County shall own 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
controller, and repair of any and all physical damage, except as set forth in the following
sections.
3. The City shall, at its sole cost and expense, pay all monthly electrical service expenses
necessary to operate the traffic control signal system including all monthly electrical service
expenses to operate the cabinet and control equipment and integral streetlights, and including
the cost of ongoing electrical service expenses after the initial service connection expenditures
are made by the County. The County shall receive and pay the electrical service invoices as
received from the electric utility provider, and shall in turn invoice the City for all such costs on a
yearly basis. The City shall pay all such invoices to the County within 30 days.
Page 2 of 4
4. The County shall, at the sole cost and expense of the City, 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.
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. In the event that the County receives an access permit application for construction of an eastern
vehicular leg at this intersection, the County will not approve such a permit without a
cooperative effort between the City, County, and Township to facilitate changes to electrical and
maintenance responsibilities covered under this agreement.
8. 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.
9. 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.
Page 3 of 4
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.
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 special assessment of County property 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
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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
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C.S.A.H. 15 & C.S.A.H. 14 REALIGNMENT
423
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LEGEND
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INPLACE ROADWAY
PROPOSED CONSTRUCTION
SHEET NO.
TOPOGRAPHY AND UTILITY PLAN
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REMOVAL PLAN SHEET NO.
CONSTRUCTION PLAN SHEET NO.
DRAINAGE PLAN SHEET NO.
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PROPOSED SIGNAL
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WASHINGTON COUNTY
LAKE ELMO
CITY OF
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LAKE ELMO
CITY OF
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{ N.B. C.S.A.H. 15
S.A.P. 206-020-004
S.A.P. 082-615-027
END
STA. 140+73.23
{ W.B. C.S.A.H. 14
S.A.P. 206-020-004
END
SIGNAL SYSTEM B
STAFF REPORT
DATE: 5/1/2018
REGULAR
ITEM #: 8
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Adopt-a-Park Program
REVIEWED BY: Ben Prchal, City Planner
Kristina Handt, City Administrator
BACKGROUND: During the August 8, 2017 Parks Commission Meeting direction was given to
explore and create and Adopt-a-Park Program for Lake Elmo City Parks. At the February 19, 2018 Parks
Commission Meeting it was recommended to City Council to approve the Adopt-a-Park Program.
ISSUE BEFORE COUNCIL: Does the City Council support adoption of the accompanying Adopt-a-
Park Program?
PROPOSAL DETAILS/ANALYSIS: An Adopt-a-Park Program would consist of very minor park
maintenance focusing on making parks more appealing. Volunteers would perform tasks such as general
spring, summer and fall clean-up to remove debris, flower planting, and weeding. All materials needed
would be provided by the city and coordinated through Public Works
Adopt-a-Park is a public service program for volunteers who are interested in cleaning up Lake Elmo’s City
Parks and making them more appealing to users. It is an excellent way for residents and organizations to
make a personal contribution to the community.
FISCAL IMPACT: There would be minimal fiscal impact for the cost of Adopt-a-Park signs. This cost
will be managed through the Parks General Budget. A volunteer program such as this may potentially save
the city money as it could reduce the need for public works staff to carry out minor maintenance activities.
OPTIONS: Recommend approval of Adopt-a-Park Program
Amend and then recommend approval of Adopt-a-Park Program
Deny approval of Adopt-a-Park Program
RECOMMENDATION: If removed from Consent Agenda
“Motion to approve City of Lake Elmo Adopt-a-Park Program”
STAFF REPORT
DATE: May 1, 2018
CONSENT #9
AGENDA ITEM: 2019 Budget Schedule
SUBMITTED BY: Kristina Handt, City Administrator
REVIEWED BY: Sue Iverson, Finance Director
BACKGROUND:
Similar to last year, the City Council is asked to accept the proposed 2019 budget key dates for
planning purposes.
ISSUE BEFORE COUNCIL:
What should the schedule be for developing the 2019 budget?
PROPOSAL DETAILS/ANALYSIS:
Included in your packet is a proposed schedule. Staff has already begun working on the CIP. The CIP will
be brought to committees/commission first then followed by the operating budgets. The finance committee
will work on the budgets in June, July and August. Then Council will have a work session to review the
proposed budget prior to certifying the maximum levy in September. Last year the council used the
November work session to discuss further changes to the proposed budget so staff is including that as an
optional meeting again this year. The final budget would be adopted and certified to the County in
December.
FISCAL IMPACT:
NA
OPTIONS:
1) Approve the proposed schedule
2) Amend and then approve a schedule
RECOMMENDATION:
If removed from the consent agenda:
Motion to approve the 2019 Budget Schedule
ATTACHMENTS:
• 2019 Budget Schedule
CITY OF LAKE ELMO
2019 Proposed Budget Calendar
As of 4/23/18
4/23/2018 Draft CIP Package Distributed to Departments
5/11/2018 Proposed CIP listings to Administrator and Finance Director
5/21/2018 Proposed Parks CIP to Parks Commission
5/22/2018 Proposed CIP from MAC and Public Safety
6/19/2018 Proposed 5 year CIP presented to Finance Committee
6/11/2018 Revenue and expense budget detail to Dept heads (actuals through May) for use to
project balance of 2018 and 2019 budget
6/18/2018 Detailed 2018/2019 budget worksheets due back to Finance
7/9/2018 Departmental changes completed by Finance
7/9 or 10/2018 Proposed Budget to Dept. Supervisors for Final Comments
7/17/2018 Proposed 2019 budgets to FC
8/21/2018 Finance Committee Recommendations on Proposed 2019 Budget
8/28/2018 Council Workshop – Proposed Budget
9/18/2018 Proposed Budget to City Council For Adoption by Resolution & Property Tax Levy
9/28/2018 Proposed Budget (adopted by Resolution) & Proposed Property Tax Levy Certified to
the County. Certify Hearing(s) Dates.
11/9/2018 Council Workshop – Proposed Budget (optional)
12/4/2018 Final Budget & Levy determination Public Hearing 7:00PM City Hall
12/18/2018 Final Budget & Levy Determination (if necessary) 7:00PM City Hall
12/31/2018 Final Levy certified to the County & Adopt Final Budget
CRITICAL DATES
6/25-6/29 Budget review with Dept. Heads, Administrator & Finance Department
STAFF REPORT
DATE:
CONSENT
ITEM #:
May 1, 2018
10
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 and revised on 1-16-18.
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. Staff is recommending that the Tuesday,
August 7, 2018 City Council Meeting be moved to Wednesday, August 8, 2018 as August 7th is
National Night Out. Staff also recommends that the May 15, 2018 Parks Commission Meeting
be moved to May 21, 2018 and the May 21,2018 Planning Commission Meeting be moved May
30, 2018.
RECOMMENDATION:
If removed from the Consent Agenda:
“Move to approve the amended 2018 Meeting Calendar.”
FISCAL IMPACT:
None
ATTACHMENTS:
Updated 2018 Meeting Calendar with changes highlighted.
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
May 21
May 30
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
Parks Commission
Planning Commission
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 8
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
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
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
STAFF REPORT
DATE: May 1, 2018
REGULAR
ITEM #: 11
MOTION
TO: City Council
FROM: Ben Prchal, City Planner
AGENDA ITEM: Baseball Field Improvements – Demontreville Park
REVIEWED BY: Emily Becker, Planning Director
BACKGROUND:
The 2018 – 2022 Capital Improvement Plan for Demontreville Park states that $75,000 is reserved to add
a new field and to regrading/update the current baseball field while also adding fencing/tipped backstop.
Being that the Mahtomedi Baseball Association is the most frequent user of the park, staff had reached
out to them for recommendations on dimensions for the new field. After a few conversations they
indicated that the park size is too restrictive to effectively put two fields in the park. They further
elaborated that if two fields were to be used for games or practice the parking lot would quickly fill up.
They have provided drawings and dimensions which have been included into this report.
ISSUE BEFORE THE COUNCIL:
Does City Council have any comments relating to the field configuration for the Demontreville Park
Baseball Field Improvements?
- Allow staff to seek bids for the proposed project
- Deny staff to seek bids for the proposed project
PROPOSAL:
Only one field will be located in the park, and it will be moved from the northern corner closer to the
parking lot (later in the report staff will not recommend the rotation). This provides easier access for parents
to view the game as well as keep an eye on the playground.
Dimensions and Items requested are as follows:
- 90’ sport lime field
- Base anchors at 60’, 65’, and 75’
- Backstop 20’ high w/6’ overhang
- 8’ infield fence extending 100’ from home plate
- Optional: 6’ fence extending 220’ from end of 8’ fence and continuing through the outfield
FISCAL IMPACT:
$75,000 has been reserved for the construction of a new filed as well as the addition of fencing.
RECOMMENDATION OF STAFF AND PARKS COMMISSION:
Considering that Mahtomedi Baseball uses the field the most, from a staff perspective, it seems to make
sense to build off of their recommendations for the field. The design has multiple “anchors” to extend or
shorten the baseline so that multiple age groups can use the field. Public Works also had concerns that if
the field were to be rotated as it was initially proposed, there could be an issue with drainage.
Staff recommends approval of the proposed improvements to the field in its current location.
Parks Commission:
The Parks Commission has recommended approval of the improvements to the park as proposed by
Mahtomedi baseball with the exception of the rotated field. The outcome of voting was 7-0.
City Council
Page 2
“Approve improvements to the Demontreville Park ball field as proposed by Staff and Mahtomedi
Baseball Association and allow staff to seek bids for the project.”
OPTIONS:
1) Deny approval of the proposed project
2) Approve the proposed project and allow staff to seek bids
3) Approve the project with amendments
ATTACHMENTS:
• New ball field configuration
• Demontreville Park 2018-2022 CIP
Baseline (chalk)
90’
20’ Backstop
w/ 6’ overhang Optional 8’ Fence8’ Fence
Capital Improvement P lan -2018 -202 2
City of Lake Elmo, Minnesota
Proj ect # PR-003
P roj ect Na m e De m ontr eville P a rk Improvem en ts
D escri ption I
Add ition of a fi e ld a t Demontrevi ll e Park
Cost estimates :
201 8 :
201 8 thru 2 0 22
Depart ment Parks and Recreat ion
Cont act City Admi nistrator
Type Im provement
Usefu l L ife 25 years
Category Park Improvements
Prior ity 2 Very Im portant
Statu s Active
Total Project Cost : $75,000
$75,0 00 for new fi e ld a n d regradin g/updating current babseba ll fi eld and fe nc ing/t ipped backstop
Jus ti ficati on I
Feedback fr om res idents d uring 201 3 Park Surv ey, park commissio n si te visits and Mahto medi Baseball Assoc iati on
Exp enditur es 20 18 201 9 2020 202 1 2022 Tot a l
Co ns tru ction/Ma in te nance 75,000 75,000
Tot a l 75,000 75 ,000
F unding Sources 20 18 201 9 2020 202 1 20 22 Tot a l
P a rk Dedicati on Fund 75,000 75 ,000
T o t a l 75 ,000 75,000
B udget Impact/Other I
Mah to medi Baseball Association has been helpin g w ith some ma intenance and ind icated th ey would be will ing to help with mai nta inng the
add ito na l fi eld
Produced Using lh e Plan -fl Capilal Planning Software Page 32 11wrsday. December 2 1. 2017
STAFF REPORT
DATE: May 1, 2018
REGULAR
ITEM #: 12
MOTION
TO: City Council
FROM: Ben Prchal, City Planner
AGENDA ITEM: Tennis Camp
REVIEWED BY: Emily Becker, Planning Director
BACKGROUND:
The City of Lake Elmo has been approached by Alex Krol a member of the Professional Tennis Registry
and certified tennis instructor. Alex is also the owner of Minnesota Tennis Camps and has approached
the City with the idea of a public/private partnership. After discussing the proposal at the March 19th and
April 16th Parks Commission meeting staff was able to incorporate comments into the proposal.
ISSUE BEFORE CITY COUNCIL:
How would City Council like to proceed with allowing the reservation of tennis courts for a tennis camp?
- Allow the camp
- Not allow the camp
PROPOSAL:
The City would allow Alex Krol to host a tennis camp in one or more of the Lake Elmo parks. Some of the
more important details of the camp are outlined below.
- The camp would run from 12 – 5 PM
- Be ran out of Pebble Park with Alex having the right to use 2 of the 3 courts from 12 – 5. The
possibility to expand into Tablyn may be discussed further if there is a need.
- The City would accept 21% before expenses are accounted for
- Alex must submit to the City background checks for all instructors that will be affiliated with the
camp in Lake Elmo
- We would be placed on the Minnesota Tennis Camps insurance policy
The City would allow the tennis camp to have our public courts reserved for specific times during the day
throughout the summer. Alex is proposing that the hours of the camp range from 12:00 to 5:00 PM with
children 10 and over practicing for 5 hours and children 9 and under practicing for 3 hours. The camp will
run Monday through Friday and last for 12 weeks during the summer.
Involvement:
City involvement is intended to be very limited, and advertising by the city would be done through the
fresh, City Facebook page, or newsletter if timing allows.
Impact to Users:
The courts would be reserved to facilitate the needs of the camp form the currently proposed hours of
12:00 - 5:00 PM. It is possible that residents would like to use the courts at that time. Though, keep in
mind that there are several locations for users to play. Such as Tablyn, Pebble, and Oak Land Park Jr. High.
However, the school courts do have a restriction on them. Fortunately staff had a chance to speak with the
Parks Commission
Page 2
Schools Manager of facilities/Site operations and they indicated that residents could not use the courts when
school activities were being held. The number of times the school would need the courts during the summer
is severely less than during the regular school year. Currently there is a 3m tennis group that will be
reserving those courts starting at 5:00 PM for 3 nights a week. As stated before Alex is proposing that it
run for 5 days a week.
FISCAL IMPACT:
Beyond legal counsel there have bene nor there be a negative financial impact. After communication with
the City’s insurance provider, they indicate that rates would not change due to the program.
RECOMMENDATION FROM PARKS COMMISSION AND STAFF:
Staff feels that this would be a good opportunity for the City to expand its parks program by providing an
opportunity for local youth to be involved in an activity while using Lake Elmo facilities. Staff also does
not necessarily see that there is a huge difference between this proposed use and how ball fields are used
for youth baseball. Also, the proposed contract would only be established to run for one year (season).
This way if there did happen to be issues the City could easily opt out or make the appropriate adjustments.
Staff recommends approval of the presented proposal.
Parks Commission:
The parks commission has recommended approval of the proposal as it has been presented. The outcome
of the voting for the plan was 7 – 0. There was also an added amendment to the proposal relating to the
intake of funds. The parks commission also voted to recommend that all funds received in relation to the
camp would go into the general park dedication fund. This also passed 7-0.
“Motion to approve the contract for a tennis camp as it has been proposed”
OPTIONS:
1) Approve proposed for the tennis camp.
2) Deny the proposed tennis camp.
3) Approve the tennis camp proposal with amendments.
ATTACHMENTS:
• Court Use Agreement
1
521748v2 DTA LA515-1
TENNIS COURT USE AGREEMENT
This Tennis Court Use Agreement (the “Agreement”) is made and entered into this ___ day
of____________________, 2018 (the “Effective Date”), by and between the City of Lake Elmo, a
Minnesota municipal corporation (the “City”), and Alexander Krol, a single person, d/b/a
Minnesota Tennis Camps (the “Instructor”). The City and the Instructor may be collectively referred
to herein as the “Parties”.
RECITALS
WHEREAS, the Instructor is a certified tennis instructor and a member of the Professional
Tennis Registry; and
WHEREAS, in order to promote and provide the City’s youth with additional fitness and
recreational opportunities, the City wishes to provide the Instructor with the exclusive right to use
certain City-owned tennis courts for the purpose of operating a 12-week youth tennis camp (the
“Tennis Camp”); and
WHEREAS, the Instructor represents that he has the necessary equipment, skill, and
personnel to operate the Tennis Camp; and
WHEREAS, the Parties desire to enter into this Agreement for the purpose of formally
memorializing their rights and obligations associated with said Tennis Camp.
NOW, THEREFORE, in consideration of the promises and the mutual obligations of the
Parties hereto, each of them does hereby covenant and agree with the other as follows:
AGREEMENT
1.0 CITY RESPONSIBILITIES. The City hereby agrees to provide the Instructor with the
exclusive use of two outdoor tennis courts at Pebble Park, located at 8160 Lake Jane Trail (the
“Courts”), Monday through Friday between the hours of 12:00 p.m. and 5:00 p.m., for the sole
purpose of operating the Tennis Camp. Said use shall be limited to a mutually agreeable 12-week
period during the initial term of the Agreement. The City makes no warranties to the Instructor,
whether express or implied, as to the suitability of the Courts for the Tennis Camp. The Instructor
has inspected the Courts and has determined that the Courts are adequate and acceptable for his
intended use.
2.0 INSTRUCTOR RESPONSIBILITIES.
2.1 The Instructor shall be solely responsible for operating the Tennis Camp,
including, but not limited to, registering all students, scheduling lessons and other camp
activities, and providing and paying for all instructors and tennis equipment.
2.2 The Instructor shall conduct background checks, in a format and manner that
meets the satisfaction of the City, on all Tennis Camp instructors or any other person
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affiliated with the Tennis Camp that will be physically present during the Tennis Camp.
Copies of said background checks shall be provided to the City before said individuals be
allowed to provide instruction or otherwise participate in the Tennis Camp.
2.3 The Instructor shall establish a list of camp leaders, at least one of which
must be present at all times during the Tennis Camp. The Instructor shall further provide the
City with the names and contact information for said camp leaders.
2.4 During the Tennis Camp, the Instructor, or its designated camp leaders, shall
report to law enforcement any suspicious activity or unauthorized park use, including both
emergency and non-emergency situations.
3.0 COMPENSATION. The Instructor agrees to pay the City 21% of the Tennis Camp’s
registration fees. The Instructor agrees to pay said amounts to the City within 14 days of the Tennis
Camp’s registration deadline. The Instructor shall provide the City with information as to the
registration fee charged, the number of Tennis Camps offered, and the number of registrants for
each camp in order for the City to be able to ensure that it is being paid its share of the Tennis
Camp’s registration fees.
4.0 DAMAGE TO CITY FACILITIES. Any damage to City-owned facilities, including the
Courts, that is caused by the Instructor, his employees or students, shall be solely the responsibility
of the Instructor. This section shall not apply to normal wear and tear of the Courts which is
understood by the Parties to be a reasonable impact of the Tennis Camp.
5.0 TERM. This Agreement shall commence on the Effective Date and automatically
terminate on October 1, 2018, unless terminated earlier in accordance with the provisions of this
section. This Agreement may be terminated for any reason by either party upon providing 30 days’
written notice to the other party. Additionally, the City may immediately terminate this Agreement,
upon written notice to the Instructor, for any breach of any term or condition contained in this
Agreement. The Instructor’s indemnification obligations shall survive the termination of this
Agreement.
6.0 NO EMPLOYEE RELATIONSHIP. Nothing herein is intended or should be construed
in any manner as creating or establishing the relationship of co-partners or a joint venture between
the Parties or as constituting one of the Parties as an agent, representative or employee of the other
for any purpose or in any manner whatsoever. Neither the Instructor, nor any individual hired by
the Instructor, shall be considered a temporary or permanent employee of the City for any purpose
whatsoever. As such, the Instructor and those hired by the Instructor shall not be entitled to any
employee rights or benefits from the City, including, but not limited to, income tax withholding,
workers' compensation, unemployment compensation, FICA taxes, employee benefits, or any other
right or benefit that a City employee might otherwise be entitled to.
7.0 INSURANCE. During the entire term of this Agreement, the Instructor must maintain
workers’ compensation insurance (to the extent required by law) and commercial general liability
insurance for both bodily injury and property damage with a limit of no less than $1,000,000 per
occurrence and $2,000,000 aggregate. The Instructor shall provide the City with a current
3
certificate of liability insurance for all insurance coverage referenced above prior to operating the
Tennis Camp. Such certificate of liability insurance shall list the City as an additional insured and
contain a statement that such policies of insurance shall not be canceled or amended unless 10 days’
written notice is provided to the City.
8.0 INDEMNIFICATION. To the fullest extent permitted by law, the Instructor agrees to
protect, defend, save, and hold harmless the City, its officers, agents, and employees from all
claims, suits, or actions of any kind, nature, or character, and the costs, disbursements, and expenses
of defending the same including, but not limited to, attorneys’ fees, professional services, and other
technical, administrative, or professional assistance resulting from or arising out of the alleged
negligence, breach of contract, or willful misconduct of the Instructor, its subcontractors, agents, or
employees related to or arising out of its provision of the Tennis Camp. Nothing herein shall be
construed as a limitation on or waiver of any immunities or limitations on liability otherwise
available to the City.
9.0 DATA PRACTICES ACT COMPLIANCE. Data provided, produced, or obtained
under this Agreement shall be administered in accordance with the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13. The Instructor will immediately report to the City
any requests from third parties for information relating to this Agreement. The Instructor agrees to
promptly respond to inquiries from the City concerning data requests. The Instructor agrees to
defend and indemnify the City from any claim, liability, damage or loss asserted against the City as
a result of the Instructor’s failure to comply with the requirements of this paragraph; provided that
the Instructor shall have no duty to defend or indemnify where the Instructor has acted in
conformance with the City’s written directions.
10.0 AUDIT DISCLOSURE. The Instructor must allow the City, or its duly authorized agents,
and the state auditor or legislative auditor reasonable access to the Instructor’s books, records,
documents, and accounting procedures and practices that are pertinent to all services provided under
this Agreement for a minimum of six years from the termination of this Agreement.
11.0 COMPLIANCE; EQUAL OPPORTUNITY. During the performance of this Agreement,
the Instructor must abide by all applicable laws, statutes, ordinances, rules, and regulations. The
Instructor shall not discriminate against any student, employee or applicant for employment because
of race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, or age.
12.0 NOTICES. Any notices permitted or required by this Agreement shall be deemed given
when personally delivered or upon deposit in the United States mail, first class and postage fully
prepaid, and addressed to:
The City: The City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
Attn: City Administrator
The Instructor: Minnesota Tennis Camps
4
C/O Alexander Krol
6228 Russell Avenue South
Richfield, MN 55423
Or such other address as either party may provide to the other by notice given in accordance with
this provision.
13.0 APPLICABLE LAW. The execution, interpretation, and performance of this Agreement
will, in all respects, be controlled and governed by the laws of Minnesota.
14.0 ASSIGNMENT. The Instructor may not assign this Agreement without first obtaining the
express written consent of the City.
15.0 ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
Agreement between the Parties, and no other agreement prior to or contemporaneous with this
Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported
amendment to this Agreement is not effective unless it is in writing and executed by both Parties.
16.0 WAIVERS. By entering into this Agreement, the City does not waive its entitlement to any
immunities under statute or common law. Any waiver by either party of a breach of any provision
of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement.
17.0 SEVERABILITY. The provisions of this Agreement are severable. If any portion of this
Agreement is, for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision will not affect the remaining provisions of the Agreement.
18.0 HEADINGS. The headings contained in this Agreement have been inserted for
convenience of reference only and shall in no way define, limit, or affect the scope and intent of this
Agreement.
[signature page to follow]
5
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first written above.
CITY OF LAKE ELMO:
By: ______________________________
Mike Pearson
Its: Mayor
By: ______________________________
Julie Johnson
Its: City Clerk
INSTRUCTOR:
By: ______________________________
Alexander Krol