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Home My WebLink About5-15-18 Council Meeting Packet minus item 24 NOTICE OF MEETING City Council Meeting Tuesday, May 15, 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. May 1, 2018 D. Public Comments/Inquires E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Accept Building Department April 2018 Report 4. Accept Fire Department April 2018 Report 5. Accept Public Works April 2018 Report 6. Accept 1st Quarter Financials 7. Approve Assessing Services Agreement with Washington County 8. Approve Summer Newsletter 9. Approve Lease with Roccos Pizza for Space in Brookfield Building 10. Approve 2018 Seal Coat Project West Lakeland & Denmark Township Joint Services Agreement. 11. Accept Bids and Award Contract for 2018 Seal Coat Project – Resolution 2018-048 12. Accept Improvements and Approve Security Reduction –Easton Village 1st Addition. 13. Approve County Cooperative Agreement Payment No. 3 for CSAH15/50th Street Traffic Signal 14. Approve Royal Golf Security Reduction 15. Accept Resignation of Firefighter Paul Jorgenson G. Regular Agenda 16. Old Village Ph4 Street & Utility Improvements – Public Improvement and Final Assessment Hearing. Resolution Ordering the Improvement – Resolution 2018-049; 2018-050 17. Old Village Phase 4 Street & Utility Improvements - Accept Bids and Award Contract – Resolution 2018-058 18. 2018 Street Improvements – Accept Bids and Award Contract – Resolution 2018-051 19. Updated Purchasing Policy 20. 9369 Jane Road Variance – Resolution 2018-052 21. Golf Cart Ordinance – Ordinance 08-209; Ordinance 08-210; Resolution 2018-053 22. 2040 Comprehensive Plan Extension Request – Resolution 2018-054 23. Accessory Structure Ordinance Update – Ordinance 08-211; Resolution 2018-055 24. Easton Village 4th Addition Final Plat – Resolution 2018-056 25. Easton Village 4th Addition Development Agreement – Resolution 2018-057 H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES MAY 1, 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, City Planner Prchal, Assistant City Administrator Foster, Public Works Director Weldon, Finance Director Iverson and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO APPROVE THE AGENDA AS PRESENTED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the April 17, 2018 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES None PRESENTATIONS Mayor Pearson presented a Proclamation recognizing Hagberg’s Market for its environmentally friendly practices. Lake Elmo Jaycees presented a donation of $12,700 to the City of Lake Elmo from charitable gambling proceeds. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2018-047 ACCEPTING A DONATION FROM THE LAKE ELMO JAYCEES. Motion passed 5 – 0. 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 8. Approve Adopt a Park Program 9. Approve 2019 Budget Calendar LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2018 Page 2 of 3 10. Approve Meeting Calendar Update Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 11: Demontreville Park Ballfields City Planner Prchal presented a proposal for relocating and reconfiguring the ballfield in Demontreville Park. Planner Prchal reviewed size limitations in the park that prevent the addition of a second field as contemplated in the 2018-2022 Capital Improvement Plan. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE IMPROVEMENTS TO THE DEMONTREVILLE PARK BALLFIELD AS PROPOSED BY STAFF AND MAHTOMEDI BASEBALL ASSOCIATION AND ALLOW STAFF TO SEEK BIDS FOR THE PROJECT. Motion passed 5 – 0. ITEM 12: Tennis Camp Proposal City Planner Prchal presented a proposal from Alex Krol for use of tennis courts at Pebble Park to conduct a 12 week summer tennis camp with a portion of the camp revenue shared with the City. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE CONTRACT FOR A TENNIS CAMP AS IT HAS BEEN PROPOSED. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO DIRECT STAFF TO DEPOSIT FUNDS RECEIVED FROM THE TENNIS CAMP INTO THE GENERAL FUND. Motion passed 5 – 0. COUNCIL REPORTS Mayor Pearson: Recognized Lake Elmo residents Nick Johnson for receiving an Eagle Scout award and Morgan Johnson who was received a Lifesaver Award from the Washington County Sheriff’s Department Councilmember Nelson: No report. Councilmember Lundgren: Attended Local Board of Appeal meeting. Councilmember Bloyer: No report. Councilmember Fliflet: No report. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Reported that the City has closed on the purchase of the Brookfield building and is working on the transition. Reported that Washington County will take over as the LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2018 Page 3 of 3 City’s assessor. Noted she will be out at a conference the rest of the week. Introduced new Finance Director Sue Iverson. City Attorney Sonsalla: Working on the Brookfield closing, mowing contract and other agreements. Assistant Administrator Foster: Noted he will also be out at a conference the rest of the week. City Engineer Griffin: Working on new construction projects. CLOSED SESSION Mayor Pearson, seconded by Councilmember Lundgren, moved TO ADJOURN TO CLOSED SESSION PURUSANT TO MN STAT 13D.05, SUBD 3(a) TO DISCUSS THE PERFORMANCE OF EMPLOYEE MATT NICKLAY. Motion passed 5 – 0. Closed session held Mayor Pearson, seconded by Councilmember Lundgren, moved TO RETURN TO OPEN SESSION. Motion passed 5 – 0. Mayor Pearson, seconded by Councilmember Nelson, moved TO TERMINATE THE EMPLOYMENT OF MATT NICKLAY BECAUSE HE IS UNABLE TO MEET THE MINIMUM QUALIFICATIONS OF HIS POSITION. Motion passed 5 – 0. Meeting adjourned at 8:35 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk THE CITY OF U\KEELMO TO: City Council STAFF REPORT DATE: 5-15-18 REGULAR #3 MOTION FROM: Michael Bent, Building Official AGENDA ITEM: REVIEWED BY: Approve Monthly Building Department Report for April 2018 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 snapsh ot of the monthly statistics for April 2018. Comparison data is also include from prior years for April for new home single family construction and total pennitting activity for the month. Attached are the system summary reports breaking out this infonnation 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: 2018 21 $7,579,979 $360,951 $38,838,002 97 2017 18 $5,862,751 $325,708 $39,688,340 89 Motion to accept the April 2018 monthly building permit report as presented. ATTACHMENTS: 1.Valuation Report 2.Pennits Issued & Fees Report 3.Inspection statistic repo1i for April 2018 4.YTD Building Department Revenue Report 2016 22 $7,810,909 $355,041 $35,128,916 79 STAFF REPORT DATE: May 15, 2018 CONSENT ITEM #: 4 TO: City Council FROM: Greg Malmquist, Fire Chief AGENDA ITEM: Month End Fire Department Update for April 2018 REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: Review month end activity update from fire department. Advise on any additional information requested. PROPOSAL DETAILS/ANALYSIS: We had 46 calls in April: 2 Fire Alarms 11 Dispatched and cancelled en route 26 Medicals 2 Wild fires 1 Power Line down 2 Car accident with injuries 1 Special outside fire (burning garbage) 1 Service Call 46 Total A Command vehicle did not respond on 7 calls for a response rate of 85%. Our average response time was 7.1 minutes from alarm to arrival. 20 calls had 3 or less responders minus the Duty Officer with 6 calls having only 1 personnel on the first due apparatus. 13 calls this month had only shift personnel for responders. Drills for the Month: #1 - CEU: Ventilation tactics #2 - Burn House: Room and content fires #3 - Burn House: Training burns/Static X self extinguisher Demo/Burn down structures Points of Interest: -Fire Personnel provided a Honor Guard detail for retired Fire Fighter Jerome Eder’s funeral. Several retired Fire Fighters in attendance were not aware that they earned the right to such a service and as a result, a lot of questions were generated. It is truly an honor to be able to be able to recognize the service of our fellow Fire Fighters that proceed us in death. -Two Personnel served as instructors for the County wide Active Shooter training held this month. -Personnel assisted and participated in training burns on the burn house for the Washington County Fire Investigations Team. -One part time fire fighter transitioned to a Substitute capacity as they can no longer meet the requirements of being scheduled part time. -One potential recruit is no longer going through the process to join the department. Part Timer Accomplishments: The new vent saw was put in service and installed with new bracketing for L1. Hydrant mapping has been completed and updated for everything not including ongoing construction. The walls in the bays were scraped and touched up with paint as needed. A few events at Arbor Glen were attended by Part time personnel. Bullet resistant tactical vests were labeled and put in service. (provided by County for active shooter response) Set up and staging of burn house for Washington County Investigation Team. Assisting with Spring bunker gear washing. Purchase and set up of sealable plastic totes to reduce carcinogen exposure in both Command Vehicles. (riding in vehicle with bunker gear in the cab all of the time) Multiple property inspections conducted for burn permits. Spring cleaning began at both stations. Safe Haven inspections. Knox box install and business inspection follow up completed. MAYOR AND COUNCIL COMMUNICATION DATE: 5/15/2018 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 April 2018. PROPOSAL DETAILS/ANALYSIS: • Awarded $4,327.00 grant from South Washington Watershed District for Anti-Icing Equipment • Library Parking Lot Pre-Con Mtg. • MS4 Meeting w/FOCUS Eng. • Wellhead Protection Plan Mtg. • Attend 3M Water Mtg. • Meet w/ Washington County on CSAH 17 project • Night to Unite Group Mtg. • Hidden Meadows Pre-Con Mtg. • Meet w/ TPC on SCADA Improvements • Safety Training • Seasonal Staff Interviews • Repairs to ditch mower • Watermain Break on Legion Ave. • Tracks off Kubota • Water School ( Sachs, Gustafson, Colemer, Effinger) • Supervisor Training ( Sachs, Gustafson, Colemer) • Hoist and Lift Inspections • Well #2 Generator quotes • Begin Sod Repairs • Sentence to Serve cutting brush/trees at Savona • 5 Winter Weather Events • Pothole Patching RECOMMENDATION: Base on the activities listed above, City Council is respectfully asked to accept the April 2018 Public Works Report. STAFF REPORT DATE: May 15, 2018 REGULAR ITEM #6 - Consent MOTION TO: City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: Accept 1st Quarter Financials REVIEWED BY: Kristina Handt – City Administrator BACKGROUND: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the unaudited financial information to the City Council on a regular basis. QUESTIONS BEFORE THE CITY COUNCIL: 1) Does the City Council have any questions regarding the attached 1st Quarter Financial information? 2) Is the City Council comfortable approving the 1st Quarter Financial information for approval? DISCUSSION: As part of informing the City Council and community on the financial position of the City, staff prepared budget to actual information for the General Fund and Utility Funds in the attachment. This format more closely follows the City’s Comprehensive Annual Financial Report (CAFR) by providing budget to actual figures and in similar revenue and expenditure/expense categories. This also aligns with the updated budget worksheets the City Council received during the 2018 budget cycle. On the attachment there are comments outlining key items for the City Council. FISCAL IMPACT: N/A RECOMMENDATION: 1) Motion to recommend approval of the 1st Quarter Financial Statements which include the General Fund and Utility Funds. ATTACHMENTS: 1) 1st Quarter Financials – General Fund and Utility Funds CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 1 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments General Fund Revenues: Taxes 101-000-0000-31010 Current Ad Valorem Taxes 2,025,166$ 1,643,627$ 2,202,698$ -$ 0.00% 101-000-0000-31020 Delinquent Ad Valorem Taxes 13,546 18,313 15,000 - 0.00% 101-000-0000-31030 Mobile Home Tax 14,366 17,547 15,000 - 0.00% 101-000-0000-31040 Fiscal Disparities 157,096 159,325 149,615 - 0.00% 101-000-0000-31910 Penalty & Interest on Taxes 185 2,400 500 - 0.00% Total Taxes 2,210,358$ 1,841,212$ 2,382,813$ -$ 0.00%July, December of 2018, and Jan. 2019. Licenses and Permits 101-000-0000-32110 Liquor License 7,025 8,300 8,300 8,300 100.00%Due beginning of each year 101-000-0000-32180 Wastehauler License 1,560 - 1,000 - 0.00% 101-000-0000-32181 General Contractor License 150 - - - #DIV/0!Combination permit 101-000-0000-32183 Heating Contractor License 3,450 900 - - #DIV/0!Combination permit 101-000-0000-32210 Building Permits 902,793 1,146,350 800,000 214,299 26.79% 101-000-0000-32211 Driveway Permits 10,190 19,390 17,500 3,780 21.60% 101-000-0000-32220 Heating Permits 130,799 135,814 60,000 19,378 32.30% 101-000-0000-32230 Plumbing Permits 92,752 107,948 60,000 18,316 30.53% 101-000-0000-32240 Animal License 1,900 1,875 2,000 1,020 51.00% 101-000-0000-32250 Utility Permits 60,234 43,393 33,000 13,321 40.37% 101-000-0000-32260 Burning Permit 2,035 1,575 2,500 375 15.00% 101-000-0000-32270 Massage Therapy Licenses 75 100 100 200 200.00% 101-000-0000-35101 Fire Sprinkler Alarm Fees - 12,274 8,500 1,915 22.53%Split $8500/1500 for 2018 - Reduced per M.B. 101-000-0000-35102 Fire Alarm Fees - - 1,500 338 22.53%Split $8500/1500 for 2018 - Reduced per M.B. Total Licenses and Permits 1,212,963$ 1,477,919$ 994,400$ 280,904$ 28.25% Intergovernmental 101-000-0000-33418 MSA - Maintenance 123,433 122,883 135,561 72,251 53.30%From FOCUS via MNDOT - Feb and July install. 101-000-0000-33420 State Fire Aid 59,136 61,147 47,000 - 0.00%October receipt 101-000-0000-33422 PERA Aid 2,749 2,749 2,749 - 0.00%July and December receipt. 101-000-0000-33426 Miscellaneous State Grants 8,367 3,718 4,820 - 0.00% 101-000-0000-33621 Recycling Grant 15,688 15,688 15,766 - 0.00%June/July Total Intergovernmental 209,373$ 206,185$ 205,896$ 72,251$ 35.09% Charges for Services 101-000-0000-34103 Zoning & Subdivision Fees 33,490 124,480 55,000 15,905 28.92% 101-000-0000-34104 Plan Check Fees 500,965 580,817 525,000 134,035 25.53% 101-000-0000-34105 Sale of Copies, Books, Maps 213 27 200 - 0.00% 101-000-0000-34107 Assessment Searches 4,905 1,140 1,395 255 18.28% 101-000-0000-34110 Rent - 12 - - #DIV/0! 101-000-0000-34111 Cable Operation Reimbursement 1,600 38,396 5,000 - 0.00% 101-000-0000-36206 Escrow Administration Fee 2,800 30,000 25,000 5,400 21.60% Total Charges for Services 543,973$ 774,871$ 611,595$ 155,595$ 25.44% Fines and Forfeits 101-000-0000-35100 Fines 49,505 41,418 49,000 9,136 18.64% Total Fines and Forfeits 49,505$ 41,418$ 49,000$ 9,136$ 18.64% Investment Earnings 101-000-0000-36210 Interest Earnings 20,437 25,501 40,000 - 0.00%$4M cash at 1%.- Allocated at year end. Total Investment Earnings 20,437$ 25,501$ 40,000$ -$ 0.00% Miscellaneous CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 2 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 101-000-0000-33622 Cable Franchise Revenue 98,218 67,178 68,000 - 0.00% 101-000-0000-36200 Miscellaneous Revenue 28,205 41,949 29,900 - 0.00%Tax forfeit, misc. accts. Receivable, dev. Fees. 101-000-0000-36204 Reimbursements - Fire 1,500 9,940 - - #DIV/0! 101-000-0000-36207 ISD Service Fee In Lieu of Tax - 31,500 32,130 - 0.00%Due in Dec. - 2% incr./yr. - Ends in 2026. 101-000-0000-36230 Donations 10,000 17,837 10,000 - 0.00% 101-000-0000-37180 Tower Rent - 47,084 53,000 9,091 17.15%Based on contracts. 101-000-0000-38000 Use of Fund Balance - - 194,000 - 0.00%For Equipment purchases Total Miscellaneous 137,924$ 215,488$ 387,030$ 9,091$ 2.35% Total General Fund Revenues:4,384,534$ 4,582,594$ 4,670,734$ 527,315$ 11.29% General Fund Expenditures: 1110 Mayor & Council Personnel 101-410-1110-41030 Part-time Salaries 25,690 25,690 25,690 - 0.00%Paid in May and December 101-410-1110-41220 FICA Contributions 1,593 1,593 1,593 - 0.00% 101-410-1110-41230 Medicare Contributions 373 373 373 - 0.00% 101-410-1110-41510 Workers Compensation - 135 198 237 119.46% Total Personnel 27,655$ 27,791$ 27,854$ 237$ 0.85% Materials and Supplies 101-410-1110-42000 Office Supplies 61 114 30 - 0.00% 101-410-1110-42001 Computer Reimbursement - 1,910 - - #DIV/0!For paperless packets. 101-410-1110-43310 Mileage - - 300 - 0.00% Total Materials and Supplies 61$ 2,024$ 330$ -$ 0.00% Charges and Services 101-410-1110-44300 Miscellaneous 15,691 6,868 6,750 55 0.82% 101-410-1110-44330 Dues & Subscriptions 11,986 7,476 12,470 3,655 29.31% 101-410-1110-44370 Conferences & Training 520 180 1,000 - 0.00% Total Charges and Services 28,197$ 14,524$ 20,220$ 3,710$ 18.35% 1110 Total Mayor & Council 55,913$ 44,339$ 48,404$ 3,947$ 8.15% 1320 Administration Personnel 101-410-1320-41010 Full-time Salaries 195,150 191,501 217,946 58,677 26.92% 101-410-1320-41030 Part-time Salaries 5,613 6,321 - - #DIV/0!Removed for 2018 Budget 101-410-1320-41210 PERA Contributions 14,378 14,363 16,346 4,401 26.92% 101-410-1320-41220 FICA Contributions 11,823 11,873 13,146 3,539 26.92% 101-410-1320-41230 Medicare Contributions 2,765 2,777 3,160 851 26.93% 101-410-1320-41300 Insurance 28,335 33,601 42,456 10,614 25.00% 101-410-1320-41510 Workers Compensation 6,252 1,457 1,678 2,005 119.49% Total Personnel 264,317$ 261,893$ 294,732$ 80,087$ 27.17% Materials and Supplies 101-410-1320-42000 Office Supplies 5,113 4,683 4,500 996 22.13% 101-410-1320-42030 Printed Forms 771 84 785 1,039 132.36%Deposit slips & Receipt books 101-410-1320-43040 Legal Services 322,842 140,883 100,000 15,263 15.26%3M Litigation to be paid by Water Fund for '17-18. 101-410-1320-43090 Newsletter/Website - 2,091 100 - 0.00% Total Materials and Supplies 328,727$ 147,741$ 105,385$ 17,298$ 16.41% Charges and Services 101-410-1320-43100 Assessing Services 52,049 51,646 53,350 - 0.00%250 New parcels per year and W.C. charge CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 3 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 101-410-1320-43150 Contract Services 1,019 15,921 3,000 538 17.93% 101-410-1320-43180 Information Technology/Web 470 909 4,500 - 0.00% 101-410-1320-43190 Software Programs 2,338 2,601 3,750 2,011 53.63%laser fiche, plan it, adobe, etc 101-410-1320-43210 Telephone 1,574 1,585 1,770 290 16.38% 101-410-1320-43220 Postage 3,741 87 4,000 1,149 28.73% 101-410-1320-43310 Mileage 418 832 1,000 - 0.00% 101-410-1320-43510 Legal Publishing 8,003 2,655 13,000 924 7.11% 101-410-1320-43610 Insurance 26,121 27,130 29,400 - 0.00% 101-410-1320-43620 Cable Operation Expense - - - - #DIV/0! 101-410-1320-44330 Dues & Subscriptions 1,877 9,796 2,250 1,573 69.91% 101-410-1320-44370 Conferences & Training 844 1,453 2,000 1,437 71.85% Total Charges and Services 98,454$ 114,615$ 118,020$ 7,922$ 6.71% Miscellaneous 101-410-1320-44300 Miscellaneous 538 534 600 933 155.50%Fin. Director posting and Employee recognition. Total Miscellaneous 538$ 534$ 600$ 933$ 155.50% 1320 Total Administration 692,035$ 524,783$ 518,737$ 106,240$ 20.48% 1410 Elections Personnel 101-410-1410-41030 Part-time Salaries 7,037 - 7,500 - 0.00% 101-410-1410-41510 Workers Compensation - - - - #DIV/0! Total Personnel 7,037$ -$ 7,500$ -$ 0.00% Charges and Services 101-410-1410-43150 Contract Services 1,200 1,660 1,660 1,660 100.00%Wash. Cty. charges for elections Total Charges and Services 1,200$ 1,660$ 1,660$ 1,660$ 100.00% Capital Outlay 101-410-1410-45800 Other Equipment 20 - - - #DIV/0! Total Capital Outlay 20$ -$ -$ -$ #DIV/0! Miscellaneous 101-410-1410-44300 Miscellaneous 835 - 1,000 - 0.00% Total Miscellaneous 835$ -$ 1,000$ -$ 0.00% 1410 Total Elections 9,092$ 1,660$ 10,160$ 1,660$ 16.34% 1450 Communications Personnel 101-410-1450-41010 Full-time Salaries - 6,701 28,434 7,437 26.16% 101-410-1450-41030 Part-time Salaries - - - - #DIV/0! 101-410-1450-41210 PERA Contributions - 503 2,133 558 26.16% 101-410-1450-41220 FICA Contributions - 410 1,763 470 26.66% 101-410-1450-41230 Medicare Contributions - 96 412 110 26.70% 101-410-1450-41300 Insurance - 1,848 7,659 1,883 24.59% 101-410-1450-41510 Workers Compensation - - 219 262 119.63% Total Personnel -$ 9,558$ 40,620$ 10,720$ 26.39%New Hire in Q4 2017 - Asst. Admin. Charges and Services 101-410-1450-43090 Newsletter - - 5,000 - 0.00% 101-410-1450-43180 Information Technology/Web 50,580 58,147 35,500 11,646 32.81%Incr. per Roseville IT. Allocated to Utilities too 101-410-1450-43210 Telephone 308 - - - #DIV/0! 101-410-1450-43220 Postage - - 1,000 - 0.00% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 4 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 101-410-1450-43310 Mileage - - - - #DIV/0! 101-410-1450-43510 Public Notices - - - - #DIV/0! 101-410-1450-43620 Cable Operations 3,955 7,349 5,000 850 17.00%Increased meetings. 101-410-1450-44370 Conferences and Training - - - - #DIV/0! Total Charges and Services 54,843$ 65,496$ 46,500$ 12,496$ 26.87% 1450 Total Communications 54,843$ 75,054$ 87,120$ 23,216$ 26.65% 1520 Finance Personnel 101-410-1520-41010 Full-time Salaries 63,053 50,494 14,664 3,932 26.81% 101-410-1520-41030 Part-time Salaries 12,702 5,874 6,760 - 0.00% 101-410-1520-41210 PERA Contributions 5,281 3,787 1,100 295 26.82% 101-410-1520-41220 FICA Contributions 4,500 3,131 1,328 231 17.39% 101-410-1520-41230 Medicare Contributions 1,052 732 311 54 17.36% 101-410-1520-41300 Insurance 10,938 5,757 3,831 957 24.98% 101-410-1520-41420 Unemployment Benefits - 8,742 5,464 5,464 100.00% 101-410-1520-41510 Workers Compensation 204 315 165 244 147.88% Total Personnel 97,731$ 78,832$ 33,623$ 11,177$ 33.24% Materials and Supplies 101-410-1520-42000 Office Supplies 338 621 600 46 7.67% 101-410-1520-42030 Printed Forms 1,117 - 375 - 0.00% Total Materials and Supplies 1,456$ 621$ 975$ 46$ 4.72% Charges and Services 101-410-1520-43010 Audit Services 29,459 26,575 30,425 - 0.00%Paid during and after audit. 101-410-1520-43150 Contract Services 114 166,092 108,150 17,366 16.06% 101-410-1520-43190 Software Programs 118 6,400 19,433 6,227 32.04%Accela support and New Financial Software 101-410-1520-43210 Telephone 427 881 875 97 11.09%Roseville IT Phone and VPN access. 101-410-1520-43310 Mileage - - 250 - 0.00% 101-410-1520-44330 Dues & Subscriptions 170 330 500 299 59.80%GFOA, MNGFOA, APA 101-410-1520-44370 Conferences & Training - 344 750 - 0.00% Total Charges and Services 30,288$ 200,622$ 160,383$ 23,989$ 14.96% Miscellaneous 101-410-1520-44300 Miscellaneous 39,520 3,742 1,625 - 0.00% Total Miscellaneous 39,520$ 3,742$ 1,625$ -$ 0.00% 1520 Total Finance 168,994$ 283,817$ 196,606$ 35,212$ 17.91% 1910 Planning & Zoning Personnel 101-410-1910-41010 Full-time Salaries 149,034 141,532 146,468 43,856 29.94% 101-410-1910-41030 Part-time Salaries 6,261 6,348 6,760 - 0.00%Intern 101-410-1910-41210 PERA Contributions 11,211 10,615 10,985 3,293 29.98% 101-410-1910-41220 FICA Contributions 9,075 8,775 9,500 2,689 28.31% 101-410-1910-41230 Medicare Contributions 2,122 2,052 2,222 629 28.31% 101-410-1910-41300 Insurance 23,249 25,772 26,803 1,592 5.94%Lower based on staff coverage chosen. 101-410-1910-41510 Workers Compensation 415 658 1,192 1,424 119.46% Total Personnel 201,366$ 195,752$ 203,930$ 53,483$ 26.23% Materials and Supplies 101-410-1910-42000 Office Supplies 810 336 800 52 6.50% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 5 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 101-410-1910-42030 Printed Forms - - - - #DIV/0! Total Materials and Supplies 810$ 336$ 800$ 52$ 6.50% Charges and Services 101-410-1910-43020 Comprehensive Planning - 44,058 36,000 21,635 60.10%Comp Plan - $90K - 60/40 split 2017/2018 101-410-1910-43030 Engineering Services 18,688 6,608 15,000 643 4.29% 101-410-1910-43150 Contract Services 25,133 5,964 10,000 - 0.00% 101-410-1910-43190 Software Programs - 406 100 - 0.00% 101-410-1910-43210 Telephone 775 738 1,100 121 11.00% 101-410-1910-43220 Postage 6 220 25 13 52.00% 101-410-1910-43310 Mileage 342 344 300 19 6.33% 101-410-1910-43510 Legal Publishing - 1,410 500 273 54.60% 101-410-1910-44330 Dues & Subscriptions 617 - 1,115 - 0.00%AICP-475/ULI-640 101-410-1910-44350 Books - - - - #DIV/0! 101-410-1910-44370 Conferences & Training 1,520 405 2,500 83 3.31%APA - $2160 - Mankato Total Charges and Services 47,081$ 60,153$ 66,640$ 22,787$ 34.19% Miscellaneous 101-410-1910-44300 Miscellaneous 31 10 200 - 0.00% Total Miscellaneous 31$ 10$ 200$ -$ 0.00% 1910 Total Planning & Zoning 249,288$ 256,251$ 271,570$ 76,322$ 28.10% 1930 Engineering Services Charges and Services 101-410-1930-43030 Engineering Services 34,034 44,332 36,000 5,390 14.97% 101-410-1930-43210 Telephone 195 178 216 177 81.94%Roseville IT costs - 5% incr. and telephone Total Charges and Services 34,229$ 44,510$ 36,216$ 5,567$ 15.37% 1930 Total Engineering Services 34,229$ 44,510$ 36,216$ 5,567$ 15.37% 1940 City Hall Materials and Supplies 101-410-1940-42110 Cleaning Supplies - - - #DIV/0! 101-410-1940-42230 Building Repair Supplies 4 550 800 - 0.00% Total Materials and Supplies 4$ 550$ 800$ -$ 0.00% Charges and Services 101-410-1940-43180 Information Technology/Web - 185 389 - 0.00% 101-410-1940-43210 Telephone 614 691 900 177 19.67% 101-410-1940-43810 Utilities 3,851 3,940 6,500 736 11.33% 101-410-1940-43840 Refuse 1,129 1,561 1,325 127 9.62% 101-410-1940-44010 Repairs/Maint Contractual Bldg 21,350 9,735 6,000 1,518 25.30% 101-410-1940-44040 Repairs/Maint Contractual Eqpt 11,365 12,346 18,000 2,043 11.35%Full year of new copier lease 101-410-1940-44120 Rentals - Building 30,147 31,992 33,223 7,998 24.07% Total Charges and Services 68,457$ 60,450$ 66,337$ 12,600$ 18.99% Miscellaneous 101-410-1940-44300 Miscellaneous 1,981 568 1,016 81 7.97% Total Miscellaneous 1,981$ 568$ 1,016$ 81$ 7.97% 1940 Total City Hall 70,442$ 61,568$ 68,153$ 12,681$ 18.61% 2100 Police CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 6 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments Charges and Services 101-420-2100-43150 Law Enforcement Contract 536,330 615,054 664,675 731 0.11%Paid twice - July/December 101-420-2100-44300 Misc. - Community Event - 1,800 1,000 - 0.00% Total Charges and Services 536,330$ 616,854$ 665,675$ 731$ 0.11% 2100 Total Police 536,330$ 616,854$ 665,675$ 731$ 0.11% 2150 Prosecution Charges and Services 101-420-2150-43045 Attorney Criminal 44,144 42,874 44,996 3,500 7.78% Total Charges and Services 44,144$ 42,874$ 44,996$ 3,500$ 7.78% 2150 Total Prosecution 44,144$ 42,874$ 44,996$ 3,500$ 7.78% 2220 Fire Personnel 101-420-2220-41010 Full-time Salaries 71,918 79,050 85,515 22,456 26.26% 101-420-2220-41030 Part-time Salaries 96,663 111,622 228,179 56,754 24.87% 101-420-2220-41210 PERA Contributions 14,699 19,517 39,180 9,317 23.78%Based on PERF or FICA/Med. Eligible. In total ok. 101-420-2220-41220 FICA Contributions 6,038 6,908 4,340 3,519 81.08%Based on PERF or FICA/Med. Eligible. In total ok. 101-420-2220-41230 Medicare Contributions 2,364 2,672 1,015 1,127 111.03%Based on PERF or FICA/Med. Eligible. In total ok. 101-420-2220-41300 Insurance 13,673 14,993 17,093 4,272 24.99% 101-420-2220-41510 Workers Compensation 12,879 16,687 26,481 31,635 119.46% Total Personnel 218,234$ 251,449$ 401,803$ 129,080$ 32.13% Materials and Supplies 101-420-2220-42000 Office Supplies 1,444 1,494 500 26 5.20% 101-420-2220-42080 EMS Supplies 888 4,074 1,200 - 0.00%Odd year costs 101-420-2220-42090 Fire Prevention 722 2,741 3,000 48 1.60%New program - fire prevention 101-420-2220-42120 Fuel, Oil and Fluids 7,644 8,804 8,000 2,481 31.01% 101-420-2220-42400 Small Tools & Equipment 10,539 5,280 22,675 6,931 30.57% Total Materials and Supplies 21,237$ 22,393$ 35,375$ 9,486$ 26.82% Charges and Services 101-420-2220-43050 Physicals 4,221 5,186 8,075 25 0.31% 101-420-2220-43210 Telephone 3,682 3,995 4,200 739 17.60% 101-420-2220-43230 Radio 18,917 20,676 21,616 138 0.64% 101-420-2220-43310 Mileage 814 220 500 171 34.20% 101-420-2220-43630 Insurance 7,290 7,571 8,549 - 0.00% 101-420-2220-43810 Utility 9,520 13,231 15,500 3,705 23.90% 101-420-2220-43840 Refuse 2,948 3,890 3,200 53 1.66% 101-420-2220-44010 Repairs/Maint Bldg 17,938 11,134 7,000 2,513 35.90% 101-420-2220-44040 Repairs/Maint Eqpt 41,975 43,613 25,896 15,622 60.33% 101-420-2220-44170 Uniforms 5,255 4,550 9,821 3,158 32.16% 101-420-2220-44330 Dues & Subscriptions 3,275 3,044 3,955 1,427 36.08% 101-420-2220-44350 Books 230 180 440 - 0.00% 101-420-2220-44370 Conferences & Training 17,663 14,110 22,514 4,324 19.20% Total Charges and Services 133,727$ 131,400$ 131,266$ 31,875$ 24.28% Capital Outlay 101-420-2220-45500 Vehicle - 2,602 - - #DIV/0! Total Capital Outlay -$ 2,602$ -$ -$ #DIV/0! Miscellaneous 101-420-2220-44300 Miscellaneous 2,290 1,391 2,000 316 15.80% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 7 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments Total Miscellaneous 2,290$ 1,391$ 2,000$ 316$ 15.80% 2220 Total Fire 375,488$ 409,235$ 570,444$ 170,757$ 29.93% 2250 Fire Relief Charges and Services 101-420-2250-44920 Fire State Aid 59,136 61,147 47,000 - 0.00%Relief Assoc. pass through Total Charges and Services 59,136$ 61,147$ 47,000$ -$ 0.00% 2250 Total Fire Relief 59,136$ 61,147$ 47,000$ -$ 0.00% 2400 Building Inspection Personnel 101-420-2400-41010 Full-time Salaries 167,498 210,934 272,754 42,825 15.70% 101-420-2400-41210 PERA Contributions 12,102 15,783 20,457 3,212 15.70% 101-420-2400-41220 FICA Contributions 10,062 12,513 16,911 2,584 15.28% 101-420-2400-41230 Medicare Contributions 2,353 2,926 3,955 604 15.27% 101-420-2400-41300 Insurance 24,554 41,094 53,002 7,171 13.53% 101-420-2400-41510 Workers Compensation 1,260 794 2,149 2,567 119.45% Total Personnel 217,830$ 284,044$ 369,228$ 58,963$ 15.97%Staffing reduction Materials and Supplies 101-420-2400-42000 Office Supplies 1,602 1,863 1,750 30 1.71% 101-420-2400-42030 Printed Forms - - 350 - 0.00% 101-420-2400-42120 Fuel, Oil and Fluids 521 198 3,600 - 0.00% Total Materials and Supplies 2,122$ 2,061$ 5,700$ 30$ 0.53% Charges and Services 101-420-2400-43030 Engineering 7,051 248 1,000 - 0.00%Handled in-house by Bldg. Official 101-420-2400-43180 Information Technology/Web 6,496 6,114 7,405 3,280 44.29%I-pads and PermitWorks 101-420-2400-43210 Telephone 1,912 3,208 2,500 599 23.96% 101-420-2400-43630 Insurance 178 185 400 - 0.00% 101-420-2400-44040 Repairs/Maint Eqpt 965 786 1,000 - 0.00% 101-420-2400-44170 Uniforms 80 986 1,200 160 13.33% 101-420-2400-44330 Dues & Subscriptions 185 310 740 - 0.00% 101-420-2400-44350 Books 870 345 500 231 46.20% 101-420-2400-44370 Conferences & Training 2,596 1,066 4,825 1,350 27.98% Total Charges and Services 20,333$ 13,248$ 19,570$ 5,620$ 28.72% Capital Outlay 101-420-2400-45500 Vehicle 2,889 - 24,000 - 0.00%Will be paid from fund balance. Total Capital Outlay 2,889$ -$ 24,000$ -$ 0.00% Miscellaneous 101-420-2400-44300 Miscellaneous 266 3,833 1,000 - 0.00% Total Miscellaneous 266$ 3,833$ 1,000$ -$ 0.00% 2400 Total Building Inspection 243,441$ 303,186$ 419,498$ 64,613$ 15.40% 2500 Emergency Communications Charges and Services 101-420-2500-43150 Contract Services 4,945 2,729 1,780 - 0.00%Replace Pole for 2017 Proj. Total Charges and Services 4,945$ 2,729$ 1,780$ -$ 0.00% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 8 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 2500 Total Emergency Communications 4,945$ 2,729$ 1,780$ -$ 0.00% 2700 Animal Control Charges and Services 101-420-2700-43150 Contract Services 10,646 11,448 7,725 - 0.00% Total Charges and Services 10,646$ 11,448$ 7,725$ -$ 0.00% 2700 Total Animal Control 10,646$ 11,448$ 7,725$ -$ 0.00% 3100 Public Works Personnel 101-430-3100-41010 Full-time Salaries 253,303 302,145 325,079 116,081 35.71%Seasonality 101-430-3100-41030 Part-time Salaries - 5,240 9,360 - 0.00% 101-430-3100-41210 PERA Contributions 18,494 22,526 24,081 8,689 36.08% 101-430-3100-41220 FICA Contributions 15,066 18,523 20,735 6,997 33.74% 101-430-3100-41230 Medicare Contributions 3,524 4,332 4,849 1,636 33.74% 101-430-3100-41300 Insurance 44,655 60,422 62,796 15,700 25.00% 101-430-3100-41510 Workers Compensation 12,028 14,990 19,749 23,593 119.46% 101-430-3100-41600 Safety Clothing Allowance - - 971 - 0.00% Total Personnel 347,071$ 428,178$ 467,620$ 172,696$ 36.93% Materials and Supplies 101-430-3100-42000 Office Supplies 1,666 810 800 485 60.63% 101-430-3100-42120 Fuel, Oil and Fluids 24,049 33,536 28,500 11,014 38.65% 101-430-3100-42150 Operating Supplies 2,431 3,009 2,000 1,211 60.55% 101-430-3100-42210 Repair/Maint. Supplies 3,964 9,698 12,750 14,381 112.79%Cutting edges, curb guards and tires. 101-430-3100-42240 Street Maintenance & Landscaping - Materials 20,688 411,456 20,000 211 1.06% 101-430-3100-42250 Street Maintenance 258,223 17,252 425,000 6,234 1.47%Sealcoat, Crackfill, Mill/overlay 101-430-3100-42260 Street Signs 2,389 5,631 5,000 480 9.60% 101-430-3100-42290 Sand/Salt 49,616 74,202 75,000 61,674 82.23% 101-430-3100-42400 Small Tools & Minor Equipment 2,788 3,777 8,000 826 10.33% 101-430-3100-44375 Personal Protection Equipment 1,465 1,828 2,800 472 16.86% Total Materials and Supplies 367,279$ 561,199$ 579,850$ 96,988$ 16.73% Charges and Services 101-430-3100-43030 Engineering Services 4,676 6,311 4,800 574 11.96% 101-430-3100-43150 Contract Services 30,132 35,937 24,500 802 3.27% 101-430-3100-43210 Telephone 7,347 7,578 7,800 1,260 16.15% 101-430-3100-43230 Radio 1,236 1,200 24,000 20,583 85.76%$20-7new 800mhz rad (1x cost) $4K ann cost 101-430-3100-43630 Insurance 15,105 15,688 19,000 - 0.00% 101-430-3100-43810 Utilities 34,935 50,104 52,000 18,001 34.62% 101-430-3100-43840 Refuse 2,407 2,343 3,000 340 11.33% 101-430-3100-44010 Repairs/Maint Bldg.10,996 11,438 21,000 5,287 25.18% 101-430-3100-44030 Repairs/Maint Imp Other Than Bldg.165 1,203 1,500 - 0.00% 101-430-3100-44040 Repairs/Maint Equip 25,364 41,497 34,000 11,276 33.16%Truck repairs 101-430-3100-44130 Equipment Rental - - 2,000 - 0.00% 101-430-3100-44170 Uniforms 5,886 7,118 7,500 1,991 26.55% 101-430-3100-44330 Dues & Subscriptions 294 631 600 511 85.17%Street Sup and APWA dues paid once per year. 101-430-3100-44370 Conferences & Training 3,889 2,242 4,800 - 0.00% 101-430-3100-44380 Clean-up Days 9,557 14,256 - - #DIV/0! Total Charges and Services 151,988$ 197,546$ 206,500$ 60,625$ 29.36% Capital Outlay 101-430-3100-45500 Capital Purchases 34,723 - 145,000 - 0.00%Fleet Purchases - 1 ton, vac trlr, asphalt roller. Total Capital Outlay 34,723$ -$ 145,000$ -$ 0.00% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 9 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments Miscellaneous 101-430-3100-44300 Miscellaneous 2,606 631 1,800 356 19.78%Asset Management subscription. Total Miscellaneous 2,606$ 631$ 1,800$ 356$ 19.78% 3100 Total Public Works 903,666$ 1,187,554$ 1,400,770$ 330,665$ 23.61% 5200 Parks & Recreation Personnel 101-450-5200-41010 Full-time Salaries 70,421 54,806 99,036 10,801 10.91%Seasonality 101-450-5200-41030 Part-time Salaries 30,934 24,089 28,080 3,600 12.82% 101-450-5200-41210 PERA Contributions 5,798 4,433 7,428 947 12.75% 101-450-5200-41220 FICA Contributions 6,027 4,725 7,857 872 11.10% 101-450-5200-41230 Medicare Contributions 1,410 1,105 1,843 204 11.07% 101-450-5200-41300 Insurance 18,232 20,897 18,481 4,620 25.00% 101-450-5200-41510 Workers Compensation 3,735 3,956 7,419 22,078 297.59%Needs to be reallocated 101-450-5200-41600 Safety Clothing Allowance - - 236 - 0.00% Total Personnel 136,556$ 114,011$ 170,380$ 43,122$ 25.31% Materials and Supplies 101-450-5200-42000 Office Supplies 60 611 800 105 13.13% 101-450-5200-42150 Operating Supplies 1,338 182 1,000 30 3.00% 101-450-5200-42160 Chemicals 1,057 577 2,000 - 0.00% 101-450-5200-42210 Repair/Maint. Supplies 4,505 3,746 7,000 - 0.00% 101-450-5200-42230 Building Repair Supplies 619 100 500 - 0.00% 101-450-5200-42400 Small Tools & Minor Equipment 2,365 2,548 2,500 185 7.40% Total Materials and Supplies 9,944$ 7,764$ 13,800$ 320$ 2.32% Charges and Services 101-450-5200-43150 Contract Services - 7,592 13,000 - 0.00% 101-450-5200-43210 Telephone 1,358 947 1,200 116 9.67% 101-450-5200-43630 Insurance 3,079 3,198 5,000 - 0.00% 101-450-5200-43810 Utilities 6,446 10,641 10,500 2,222 21.16% 101-450-5200-43840 Refuse 20 1,991 1,000 232 23.20% 101-450-5200-44010 Repairs/Maint Bldg 63 130 2,800 - 0.00% 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 2,959 7,679 3,200 - 0.00% 101-450-5200-44040 Repairs/Maint Eqpt 2,235 1,170 3,200 908 28.38% 101-450-5200-44120 Rentals - Buildings 6,476 7,627 7,000 340 4.86% 101-450-5200-44130 Equipment Rental - - 1,000 - 0.00% 101-450-5200-44170 Uniforms 67 58 100 - 0.00% 101-450-5200-44301 Events - 450 500 - 0.00% 101-450-5200-44302 Lakes - 7,499 15,000 - 0.00% 101-450-5200-44370 Conferences & Training 80 - 1,200 630 52.50% 101-450-5200-44375 Personal Protection Equipment 341 1,521 800 352 44.00% Total Charges and Services 23,124$ 50,503$ 65,500$ 4,800$ 7.33% Capital Outlay 101-450-5200-45500 Vehicles - - 25,000 - 0.00%Cushman utility vehicle Total Capital Outlay -$ -$ 25,000$ -$ 0.00% Miscellaneous 101-450-5200-44300 Miscellaneous 521 - 1,200 - 0.00% Total Miscellaneous 521$ -$ 1,200$ -$ 0.00% 5200 Total Parks & Recreation 170,145$ 172,278$ 275,880$ 48,242$ 17.49% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 10 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments Total General Fund Expenditures:3,682,778$ 4,099,287$ 4,670,734$ 883,352$ 18.91% Total Gen Fund Revs. Over/(Under) Expenditures:701,756$ 483,307$ (0)$ (356,037)$ CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 11 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 601 Water Fund Water Fund Revenues: 601-000-0000-33422 PERA Pension Revenue 525 - - - #DIV/0! 601-000-0000-33426 Miscellaneous State Grants 3,433,298 67,698 - - #DIV/0! 601-000-0000-36100 Special Assessments 11,334 - 111,077 2,400 2.16%With tax settlements in July/Dec '18 and Jan. '19. 601-000-0000-36205 Refunds and Reimbursements - 145 - - #DIV/0! 601-000-0000-36210 Interest on Investments 13,987 15,105 20,000 - 0.00%Allocated at year end 601-000-0000-37100 Water Sales 275,019 628,479 597,769 4,414 0.74%Q1 billed in April. 601-000-0000-37120 Bulk Water 5,423 3,184 2,000 233 11.65% 601-000-0000-37140 Water Access Revenue 979,500 1,518,400 960,000 9,000 0.94% 601-000-0000-37150 Water Connections - Municipal 244,500 186,052 320,000 55,000 17.19% 601-000-0000-37170 Meter Sales 244,260 118,052 87,500 19,250 22.00% 601-000-0000-37180 Tower Rent 52,526 - - - #DIV/0!Moved to G.F for 2017 601-000-0000-39210 Transfer In (59,872) - - - #DIV/0! Total Water Fund Revenues:5,200,500$ 2,537,115$ 2,098,346$ 90,297$ 4.30% Water Fund Expenses: Personnel 601-494-9400-41010 Full-time Salaries 127,902 109,196 105,194 22,568 21.45% 601-494-9400-41210 Safety Clothing Allowance - - 193 - 0.00% 601-494-9400-41220 PERA Contributions 15,792 8,128 7,590 1,684 22.19% 601-494-9400-41230 FICA Contributions 7,346 6,525 6,497 1,343 20.67% 601-494-9400-41300 Medicare Contributions 1,718 1,526 1,525 314 20.59% 601-494-9400-41420 Insurance 29,467 19,189 21,743 4,780 21.98% 601-494-9400-41510 Unemployment Insurance - 1,093 683 683 100.00% 601-494-9400-41600 Workers Compensation 1,904 3,980 5,884 7,029 119.46% Total Personnel 184,130$ 149,637$ 149,309$ 38,401$ 25.72% Materials and Supplies 601-494-9400-42000 Office Supplies 771 975 800 178 22.25% 601-494-9400-42030 Printed Forms 499 247 750 - 0.00% 601-494-9400-42150 Operating Supplies - - 1,000 45 4.50% 601-494-9400-42160 Chemicals 3,157 5,992 13,000 2,692 20.71% 601-494-9400-42210 Repair/Maint. Supplies 25,014 3,614 26,000 1,258 4.84% 601-494-9400-42300 Water Meters & Supplies 105,477 124,127 132,000 19,039 14.42%Replace 200 meters but order 250. 601-494-9400-44375 Personal Protective Equipment - 262 800 198 24.75% 601-494-9400-42400 Small Tools & Minor Equipment 3,955 2,218 8,300 2,597 31.29% Total Materials and Supplies 138,874$ 137,435$ 182,650$ 26,007$ 14.24% Charges and Services 601-494-9400-43030 Engineering Services - 17,338 20,000 1,834 9.17% 601-494-9400-43040 Legal Services 2,323 118,260 155,000 381 0.25%3M litigation moved from General Fund. 601-494-9400-43150 Contract Services 7,459 56,446 47,400 5,799 12.23% 601-494-9400-43180 Software Support 5,556 6,289 37,133 - 0.00%New fin. soft $40K alloc.to 3 Funds. IT costs 601-494-9400-43210 Telephone 793 687 800 139 17.38% 601-494-9400-43220 Postage 1,800 2,178 2,000 9 0.45%Coincides with billings 601-494-9400-43310 Mileage 189 - - - #DIV/0! 601-494-9400-43610 Insurance 8,975 9,322 12,000 - 0.00% 601-494-9400-43810 Electric Utility 34,392 54,894 45,000 13,247 29.44% 601-494-9400-43820 Water Utility 144,932 242,929 - 22,598 #DIV/0!Agreement ended w/ City of Oakdale in Feb. 601-494-9400-44030 Repairs\Maint Imp Not Bldgs 8,617 17,363 20,000 4,718 23.59% 601-494-9400-44040 Repairs/Maint. Equip.- - 8,000 298 3.73% 601-494-9400-44050 Repairs\Maint Imp Bldgs - - 2,000 - 0.00% 601-494-9400-44130 Equipment Rental - - 1,000 - 0.00% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 12 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 601-494-9400-44370 Conferences & Training 103 2,076 2,000 - 0.00% Total Charges and Services 215,140$ 527,782$ 352,333$ 49,023$ 13.91% Capital Outlay 601-494-9400-45300 Improvments Other Than Bldgs - 22,430 137,500 30,430 22.13%Util Veh $32.5K, WM Over $105K Total Capital Outlay -$ 22,430$ 137,500$ 30,430$ 22.13% Miscellaneous and Non-operating 601-494-9400-43320 Depreciation Expense 612,353 - - - #DIV/0!Removed as Cap. Imp. Plan costs account for it. 601-494-9400-44300 Miscellaneous 3,178 2,688 2,000 - 0.00% 601-000-0000-22500 Bond Principal - 485,000 710,000 395,000 55.63% 601-494-9400-46110 Bond Interest 241,142 273,321 300,775 111,847 37.19% 601-494-9400-46200 Fiscal Agent Fees - Bond Payments 16,014 10,124 856 428 50.00% 601-494-9400-46250 Fiscal Agent Fees - Bond Issuance - 11,262 - - #DIV/0! 601-494-9400-47200 Transfer Out 40,427 - - - #DIV/0! Total Misc. and Non-operating 913,113$ 782,395$ 1,013,631$ 507,275$ 50.05% Total Water Fund Expenses:1,451,257$ 1,619,679$ 1,835,423$ 651,136$ 35.48% Total Water Fund Revs. Over/(Under) Expenses:3,749,243$ 917,436$ 262,923$ (560,839)$ -213.31% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 13 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 602 Sewer Fund Sewer Fund Revenues: 602-000-0000-36100 Special Assessments 21,073 22,000 77,874 - 0.00%With tax settlements in July/Dec '18 and Jan. '19. 602-000-0000-36210 Interest on Investments 14,584 15,812 20,000 - 0.00%Allocated at year end. 602-000-0000-37200 Sewer Sales 120,974 268,808 247,599 8,946 3.61%Q1 billed in April. 602-000-0000-37220 SAC Early Pay discount/revenue 8,474 8,474 5,800 - 0.00% 602-000-0000-37240 Sewer Connecton Fee Revenue 803,000 1,419,620 908,700 12,000 1.32% 602-000-0000-37250 Sewer Connection Fees Regional - - - - #DIV/0!Pass-through of approx $21K 602-000-0000-37260 Sewer Connection Fees Municipal 383,500 468,980 345,500 58,000 16.79% Total Sewer Fund Revenues:1,351,605$ 2,203,694$ 1,605,473$ 78,946$ 4.92% Sewer Fund Expenses: Personnel 602-495-9450-41010 Full-time Salaries 39,678 24,990 66,250 6,222 9.39% 602-495-9450-41210 Safety Clothing Allowance - - 123 - 0.00% 602-495-9450-41220 PERA Contributions 4,270 1,946 4,669 458 9.81% 602-495-9450-41230 FICA Contributions 1,987 1,490 4,058 372 9.17% 602-495-9450-41300 Medicare Contributions 464 349 961 87 9.05% 602-495-9450-41420 Insurance 8,352 9,913 10,744 2,170 20.20% 602-495-9450-41510 Unemployment Insurance - 546 342 342 100.00% 602-495-9450-41600 Workers Compensation 989 2,004 3,274 3,911 119.46% Total Personnel 55,739$ 41,238$ 90,421$ 13,562$ 15.00% Materials and Supplies 602-495-9450-42000 Repair/Maint. Supplies 5,873 73 4,000 1,199 29.98% 602-495-9450-42150 Office Supplies - - 800 45 5.63% 602-495-9450-42270 Operating Suppies - 1,724 1,000 - 0.00% 602-495-9450-44375 Personal Protective Equipment - 262 800 198 24.75% 602-495-9450-42400 Small Tools & Minor Equipment 2,860 2,462 5,500 2,022 36.76% Total Materials and Supplies 8,732$ 4,521$ 12,100$ 3,464$ 28.63% Charges and Services 602-495-9450-43030 Engineering Services - 5,905 20,000 6,390 31.95% 602-495-9450-43150 Contract Services 8,059 38,170 21,400 1,752 8.19% 602-495-9450-43180 Software Support 4,591 5,989 33,533 - 0.00%New fin. soft $40K alloc.to 3 Funds. IT costs 602-495-9450-43210 Telephone 1,008 1,146 1,500 242 16.13% 602-495-9450-43220 Postage - 2,500 1,175 - 0.00% 602-495-9450-43310 Mileage - - - #DIV/0! 602-495-9450-43610 Insurance 581 603 2,000 - 0.00% 602-495-9450-43810 Electric Utility 5,125 5,739 5,500 1,956 35.56% 602-495-9450-43820 Sewer Utility - Met Council 16,621 42,264 92,140 23,035 25.00% 602-495-9450-44030 Repairs/Maint. Equip.- 32,160 4,500 - 0.00% 602-495-9450-44040 Equipment Rental - - 1,000 - 0.00% 602-495-9450-44130 Repairs\Maint Imp Not Bldgs 1,391 - 1,200 - 0.00% 602-495-9450-44370 Conferences & Training 80 3,718 2,000 500 25.00% Total Charges and Services 37,456$ 138,194$ 185,948$ 33,875$ 18.22% Capital Outlay 602-495-9450-45300 Improvements Other Than Bldgs - 27,260 85,000 20,634 24.28%Util Veh - $32.5K, Sewer Oversizing - $52.5K Total Capital Outlay -$ 27,260$ 85,000$ 20,634$ 24.28% Miscellaneous and Non-operating 602-495-9450-43320 Depreciation Expense 132,265 - - - #DIV/0!Removed as Cap. Imp. Plan costs account for it. CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 14 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 602-495-9450-44300 Miscellaneous Expenses 26,036 310 300 - 0.00% 6002-000-0000-22500 Bond Principal - 220,000 275,000 115,000 41.82% 602-495-9450-46110 Bond Interest 116,715 124,318 195,324 101,872 52.16% 602-495-9450-46250 Fiscal Agent Fees 3,707 33,907 - - #DIV/0! 602-495-9450-47200 Transfer Out 102,678 - - - #DIV/0! Total Misc. and Non-operating 381,401$ 378,535$ 470,624$ 216,872$ 46.08% Total Sewer Fund Expenses:483,328$ 589,748$ 844,092$ 288,407$ 34.17% Total Sewer Fund Revs. Over/(Under) Expenses:868,277$ 1,613,946$ 761,381$ (209,461)$ -27.51% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 15 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments 603 Storm Water Fund Storm Water Fund Revenues: 603-000-0000-36100 Special Assessments - - - - #DIV/0!With tax settlements in July/Dec '18 and Jan. '19. 603-000-0000-36210 Interest on Investment 15,933 11,981 7,000 - 0.00%Allocated at year end. 603-000-0000-36232 Developer Contributions - 100,000 - - #DIV/0! 603-000-0000-37100 Surface Water Utility Sales 185,858 185,898 283,587 206,442 72.80%Billed annually. 603-000-0000-37140 SW Review Fee Revenue 27,375 38,350 29,375 6,750 22.98% Total Storm Water Fund Revenues:229,166$ 336,229$ 319,962$ 213,192$ 66.63% Storm Water Fund Expenses: Personnel 603-496-9500-41010 Full-time Salaries 20,591 11,642 34,273 2,864 8.36% 603-496-9500-41210 Safety Clothing Allowance - - 53 - 0.00% 603-496-9500-41220 PERA Contributions 2,408 967 2,570 215 8.37% 603-496-9500-41230 FICA Contributions 1,129 682 2,099 169 8.05% 603-496-9500-41300 Medicare Contributions 264 159 497 40 8.05% 603-496-9500-41420 Insurance 5,856 6,651 6,275 1,305 20.80% 603-496-9500-41510 Unemployment Insurance - 546 342 342 100.15% 603-496-9500-41600 Workers' Compensation - 1,150 1,361 1,626 119.47% Total Personnel 30,247$ 21,797$ 47,470$ 6,561$ 13.82% Materials and Supplies 603-496-9500-42000 Office Supplies 499 675 800 - 0.00% 603-496-9500-42150 Repair/Maint. Maint Supplies 3,972 135 2,000 315 15.75% 603-496-9500-42270 Operating Supplies - - 1,000 - 0.00% 603-496-9500-44375 Personal Protective Equipment - - 800 198 24.75% 603-496-9500-42400 Small Tools & Minor Equipment - 1,241 3,500 1,202 34.34% Total Materials and Supplies 4,471$ 2,051$ 8,100$ 1,715$ 21.17% Charges and Services 603-496-9500-43030 Engineering Services 11,827 6,311 20,000 120 0.60% 603-496-9500-43150 Contract Services 2,400 18,116 17,200 1,485 8.63% 603-496-9500-43180 Software Support 4,067 3,558 15,500 - 0.00%Needs allocation 603-496-9500-43220 Postage 1,800 - 2,000 - 0.00% 603-496-9500-43610 Insurance - - 1,500 - 0.00% 603-496-9500-44010 Street Sweeping 10,318 20,958 25,000 - 0.00% 603-496-9500-44030 Repairs/Maint Equip - - 1,000 - 0.00% 603-496-9500-44040 Repairs/Maint Not Bldg 1,368 - 3,000 - 0.00% 603-496-9500-44130 Equipment Rental - - 1,000 - 0.00% 603-496-9500-44370 Conferences & Training 2,500 1,875 2,500 270 10.80% Total Charges and Services 34,280$ 50,818$ 88,700$ 1,875$ 2.11% Capital Outlay 603-496-9500-45300 Improvements Other Than Bldgs - - 40,000 - 0.00%Surface water plan. Total Capital Outlay -$ -$ 40,000$ -$ 0.00% Miscellaneous and Non-operating 603-496-9500-43320 Depreciation Expense 15,963 - - #DIV/0!Removed as Cap. Imp. Plan costs account for it. 603-496-9500-44300 Miscellaneous Expenses 20,577 677 2,000 620 31.00% 603-000-0000-22500 Bond Principal - - 160,000 160,000 100.00% 603-496-9500-46110 Bond Interest 44,765 64,128 58,294 30,156 51.73% Total Misc. and Non-operating 81,305$ 64,805$ 220,294$ 190,776$ 86.60% Total Storm Water Fund Expenses:150,303$ 139,471$ 404,563$ 200,927$ 49.67% CITY OF LAKE ELMO MARCH 31, 2018 FINANCIAL STATEMENTS General Funds and Utility Funds 16 2016 2017 2018 2018 2018 Account Number Description Actual Actual Adopted YTD - March 31 Percent Used Comments Total Storm Water Fund Revs. Over/(Under) Expenses:78,863$ 196,758$ (84,601)$ 12,265$ -14.50% STAFF REPORT DATE: May 15, 2018 CONSENT #7 AGENDA ITEM: Agreement with Washington County for SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Late 2017 we learned from Dan Raboin that he intended to terminate his contract with the City following the Local Board of Appeals and Equalization. The City then received proposals from Chase Peloquin and Washington County. Those were brought to the Finance Committee and Council in January with direction to prepare a contract with Mr. Peloquin. Shortly after, Mr. Peloquin informed us that he no longer wished to enter into an agreement as he was pursuing another opportunity. The City partnered with the cities of Hugo and Scandia who also were reviewing assessing services in light of changes to their contractor. A Request for Proposals was issued in March and one candidate was interviewed in April. Since then that candidate has also withdrawn their proposal. After repeated unsuccessful attempts to fins a local assessor, staff reached out to Washington County again. ISSUE BEFORE COUNCIL: Should the City Council approve the agreement for assessing services with Washington County? PROPOSAL DETAILS/ANALYSIS: Included in your packet is a proposed agreement for assessing services. The agreement has been reviewed by the city attorney and language regarding indemnification was added at the city’s request. The agreement outlines the duties to be performed as required by statute. As indicated in letter g of the Services Section, the City does have the option to continue holding the Local Board of Appeals and Equalization. Also, since it was a concern mentioned previously, staff has confirmed with County staff that a postcard will be mailed to those properties scheduled for the quintile inspection. A copy of the notice is also included in your packet. FISCAL IMPACT: The fee is set per parcel type annually by the County Board. The 2018 expenses will come in significantly under budget since the County does not bill until the following June for the work completed for the prior assessment year. In 2019 the budget for assessing services will likely have to increase by $15-20,000 depending on the number and types of parcels created and structures built. OPTIONS: 1) Approve the proposed lease 2) Amend and then approve the lease RECOMMENDATION: If removed from the consent agenda: Motion to approve the agreement for assessing services with Washington County ATTACHMENTS: • Agreement for Assessing Services • Post Card Example AGREEMENT FOR ASSESSMENT SERVICES THIS AGREEMENT, made and entered into this ____ day of _________, 2018 by and between the City of Lake Elmo, a Minnesota municipal corporation, herein referred to as the “City”, and Washington County, a body politic and corporate, herein referred to as “Washington County” pursuant to the authority contained in Minnesota Statutes 471.59, which authorizes the joint and cooperative exercise of powers common to contracting parties and Minnesota Statute 273.072 Subd. 1, which provides that a county and city or town may, by agreement entered into under 471.59 provide for the assessment of property in the municipality or town by the county assessor. WITNESS: WHEREAS, the City desires to retain Washington County and the Washington County Assessor to perform assessment services for the City; and WHEREAS, Washington County desires to perform assessment services required by the City; and WHEREAS, the City and Washington County deem it mutually advantageous to set forth the terms and conditions of their relationship in writing; NOW, THEREFORE, the parties hereto agree that the following shall constitute joint agreement for assessment services: SECTION ONE-PARTIES The City hereby contracts with Washington County to perform, and Washington County hereby agrees to perform, the assessment services hereinafter described. SECTION TWO-SERVICES Washington County Assessor shall perform all assessment services required by State statute and the City. Such services shall include, but are not limited to the following: a. Appraisal of all real and personal property located within the City. b. Interprets regulations, rules and legislative changes to the City Council, Realtors, bankers, citizens and civic groups as necessary or upon request. c. Answers questions/concerns regarding property values and classifications. d. Draws and calculates “splits” of real estate sales reflective of joint ownership of land parcels. e. Maintains a listing of the assessment of each and every parcel of property within the City. f. Each parcel of property within the City shall be reviewed at least once every five years. It is the intention of the parties that the Washington County Assessor shall make every effort to view and revalue approximately one-fifth of the parcels during each year that this Agreement remains in force. g. Holds and staffs an annual Board of Appeal or Open Book Meeting. The format of this appeals meeting will be at the discretion of the City and guided by Minn. Stat. § 274.01, subd. 1. h. Interprets and applies regulations, rules and legislative changes to other appraisers, real estate professionals, citizens and civic groups, other governmental bodies and personnel as necessary and upon request. i. Answers property owner questions/concerns regarding appraisal practices, property values and classifications. Draws and interprets maps, charts and other descriptions to assist property owners in understanding the process. j. Develops land and building valuation schedules; conducts statistical analysis to support appraisal decisions, and oversees Computer Aided Mass Appraisal system (CAMA) table adjustments; and draws and calculates “splits” of real estate and new plats of property, including land areas, classes and valuations. Conducts statistical surveys to support appraisal decision e.g., current sales study using the CAMA system. k. Coordinates research of complex appraisal issues, reviews, investigates and makes recommendations on applications for abatement or other reduction of assessed value. l. Coordinates collection of sales information and annual assessment activities in apartment, commercial, industrial, residential and personal property markets. m. Coordinates the valuation and classification of exempt properties, including interpreting laws applying to exempt organizations and processing exemption requests. n. Manages state tax court petitions and coordinates TIF assessment functions with the city. Provides values to city for various projects in which there may be an assessment agreement. o. Investigates and handles all applications for abatement or reduction of assessed value. p. Provides a report of assessment activities (Assessment Report) each year prior to the appeals period. SECTION THREE-AGREEMENT PRICE The City shall pay a fee to the County each year for assessment services based on the parcel mix located within each community. The assessment fee schedule is approved by the County Board each year and establishes the fee associated with each property use. The County will utilize the same fee schedule for all of its contract communities. The City will be billed for assessing services upon the completion of the assessment cycle. The County will provide an invoice to the City no later than June 1 of each year payable on or around July 1. SECTION FOUR-INDEPENDENT CONTRACTOR It is understood and agreed between the parties that the Assessor is an independent contractor and not an employee of the City. The Assessor shall be responsible for furnishing its own transportation, books and any other documents or items of personal property required to perform the services. The City shall not be required to maintain any insurance coverage needed in connection with the performance of the Assessor’s services, including but not limited to automobile liability insurance, workers compensation insurance and public liability insurance. SECTION FIVE-DURATION AND TERMINATION This Agreement shall commence on July 1, 2018 and remain in force until terminated by either party giving the other party a six-month written notice of its intent to terminate the Agreement per Minnesota Statute 273.072 Subd. 4. SECTION SIX-INDEMNIFICATION Each party shall be liable for its own acts and the results thereof to the extent provided by law and agrees to defend, indemnify, and hold harmless the other party (including their officials, employees, volunteers, and agents) from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of themselves, anyone they directly or indirectly employ, and anyone for whose acts or omissions they may be liable in the performance or failure to adequately perform their obligations under this Agreement. The provisions of the Municipal Tort Claims Act, Minnesota Statutes, chapter 466 and other applicable law shall govern the parties’ liability. Pursuant to Minnesota Statute 471.59 subd. 1a, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or stack separate liability caps as to the parties collectively or each individual party. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written. CITY OF LAKE ELMO WASHINGTON COUNTY By_______________________ By________________________ Mayor County Board Chair Attest________________________ By________________________ City Clerk County Administrator Recommended By: __________________________ Jennifer Wagenius Director, Property Records and Taxpayer Services Approved as to form by: _______________________________ George Kuprian Assistant Washington County Attorney STAFF REPORT DATE: May 15, 2018 CONSENT ITEM #: 8 AGENDA ITEM: Spring/Summer 2018 newsletter SUBMITTED BY: Jake Foster, Assistant City Administrator BACKGROUND: At the October 17, 2017 meeting, Council approved the printing and distribution of The Source newsletter for Fall/Winter of 2017. During that meeting, Council also approved future printings to be done on a bi- annual basis. As part of this bi-annual printing schedule, the newsletter is due to be printed and distributed once again. One important item to note is that it is stated that the “Old Village Phase 4” construction project is designated as “Currently under Council review” in the newsletter. Should any decisions be made regarding that project prior to the printing of the newsletter, that item will be adjusted accordingly. ISSUE BEFORE COUNCIL: Should the City approve and distribute a new edition of The Source for spring/summer 2018? PROPOSAL DETAILS/ANALYSIS: Staff recommends that the attached draft is approved, and it is authorized to be printed and distributed. FISCAL IMPACT: The estimated cost of the position the printing, preparation, and mailing of each edition of The Source is $2,000. RECOMMENDATION: If removed from the consent agenda: “Move to approve the attached draft and to authorize the printing and distribution of The Source newsletter for the spring/summer of 2018.” ATTACHMENTS: Draft of The Source for spring/summer 2018 Spring/Summer 2018 City Hall - 3800 Laver ne Avenue Nor th - Lake Elmo, Minnesota 55042 (651) 747-3900 Since the Fall/Winter newsletter, the City has made sig- nificant progress on the draft of its 2040 Comprehensive Plan Update. An Open-house to review the draft was held on April 11th, and the public hearing was May 7th and will continue to May 30th. What are the big changes? • Vision Goals and Strategies. This chapter provides a vi- sion statement, which is a compilation of themes, ideas and messaging that have been shared by residents during the 2040 Comprehensive Plan update process. Additionally, a culmination and synthesis of information collected through various efforts to engage the public, Advisory Panel and staff are shared as goals and strategies within this chapter. • Land Use. ►Urban Reserve. Because of the need to meet the Metro- politan Council’s requirement that areas of the City consid- ered emerging suburban edge and within the Metropolitan Urban Service Area (MUSA) be at a density of 3-5 dwell- ing units per acre and because of the City’s 2015 System Statement, which decreased Lake Elmo’s 2040 population target to 18,200, the Plan proposes a new Urban Reserve land use designation, which identifies land that is currently undeveloped or in a low-density residential or agricultural use but is located within the current MUSA. This land is not planned to be developed until after 2040. ► Old Village. There are new commercial and high densi- ty areas within the Village as well as three separate overlay areas which will consist of an Old Village District, Elmo Sta- tion District, and Civic District. There is no longer a green- belt buffer required around the Old Village as there was in the 2030 Plan. ►South Planning Area. The southern MUSA area now includes Mixed Use Commercial and Mixed Use Business Park areas. ►No MUSA changes are being proposed as part of the 2040 update. ►The only change proposed to rural areas is the com- bination of the Residential Estates and Rural Single Family land use designations into one Rural Single Family land use designation, which allows development at a density of 0.1- 0.2 units per acre. • Balanced Development and Growth. This chapter is provided to describe what types of development patterns exist today, where those patterns are changing and evolv- ing, and where they are likely to stay the same. • Housing. The housing chapter presents important hous- ing principles that underscore the dynamics behind the role and importance of housing as a key element within the Plan; focuses on existing housing stock, summarizing im- portant information regarding the overall number, types, af- fordability, and occupants of housing units; projected need for housing during this planning period; and practical imple- mentation tools to help the City achieve its identified hous- ing goals. • Parks and Trails Chapter. The Parks and Trails chapter focuses on refining and synthesizing information contained within the 2030 Comprehensive Plan and preparing an up- date that is more concise, clear and direct about the City’s goals and objectives for its future in regards to parks and trails. It now functions at a higher level of detail that will fo- cus and more clearly demonstrate the interconnected qual- ity of the Parks and Trails system. • The Transportation, Wastewater, and Surface Water Man- agement Chapters are still being drafted and will include necessary updates needed to address changes and out- standing issues. Article Continued on Page 2 Comprehensive Plan 2040 City Hall - 3800 Laver ne Avenue Nor th - Lake Elmo, Minnesota 55042 (651) 747-3900City Hall - 3880 Laverne Avenue North - Lake Elmo, MN 55042 (651) 747-3900 2 Spring/Summer 2018 2018 Street Projects In 2018 residents may see several street projects taking place throughout the city. Below is a brief description of each project and area. • Old Village Phase 4 – includes water/sewer/storm- water and street improvements on 32nd St N east of Lake Elmo Ave, Layton Ave. N and 36th St. N near Lions and VFW Parks (This portion of the project is still under Council consideration) • Tri-Lakes South – project details for this area will include drainage improvements, curb and gutter im- provements/repairs and a new road surface. • Lake Jane Trail – between Jamaca Ave. N and Jane Rd will undergo a Mill and Overlay along with spot curb repairs. • Wildflower Shores Dvlp. – Mill and Overlay with spot curb repairs. Along the listed projects, the city will conduct annual crack filling and sealcoating of various streets within the city. We ask you for your continued cooperation throughout these street construction projects and also to be aware of detours and workers. Planning Staff: Emily Becker, Planning Director ebecker@lakeelmo.org 651-747-3912 Ben Prchal, City Planner bprchal@lakeelmo.org 651-747-3931 Comprehensive Plan 2040 Continued What are the next steps? City Council will need to approve a draft before the Plan is sent out for adjacent jurisdictional review. Adjacent jurisdictions include school districts, watershed management organizations, state and federal agencies, park implementing agencies, transit providers, and adjacent cities, townships, and counties. Adjacent jurisdictions then have up to six months to review and make comment on the plan before the Plan can be submitted to the Metropolitan Council by the due date of December of 2018. Development Over the last few months, a 269-unit development called Legacy at North Star received preliminary plat approval; a 10-unit development to be called Wyndham Village has received Sketch Plan and Comprehensive Plan Amendment approval; final planned unit development plans were approved for a 90-unit hotel; and Wildflower at Lake Elmo 3rd Addition and Hammes Estates 3rd Addition received final plat approval. 3 Spring/Summer 2018 CSAH 17/LE Ave Construction Washington County will be improving County State Aid Highway 17 (Lake Elmo Avenue) from I-94 to just south of 30th Street this summer. Work includes, new pavement, shoulder improvement, turn lanes, guardrail, curb and gutter, and stormwater improvements. Construction is anticipated to begin mid-to-late July and run through October. Traffic delays and detours should be expected. More information can be found on the County’s project specific website or by contacting Washington County Project Manager Kevin Peterson at 651-430-4330 , kevin.peterson@co.washington.mn.us. CSAH 14 Realignment Washington County will be realigning the County State Aid Highway 15/14 intersections just east of Lake Elmo this summer. Work includes new pavement, roadway widening, trails, turn lanes, curb and gutter, signals, and storm water improvements. More information can be found on the County’s project specific website or by contacting Washington County Project Manager Nathan Arnold at 651-430- 4384, or Nathan.Arnold@co.washington.mn.us Park Improvement Projects Public Works and Planning Departments are work-ing to finalize improvement projects at Tablyn and Demontreville Parks. Both parks are being consid-ered for minor improvements to make them more user-friendly. At Tablyn Park, consideration is being given to pos-sible improvements to the parking lot which will allow for more parking. Along with parking improvements, more lighting is being looked at for the parking area and sledding hill. Demontreville Park will see improvements to the baseball field area this year. Such improvements will consist of minor field grading and infield fence improvements including backstop modifications. Work will continue to take place at Savona Park in 2018. This year mulch will be added to the play and swing areas while adjoining areas will be graded and seeded with brush and trees being cut and trimmed in other areas of the park. The City is partnering with the Stillwater Area Scholastic Cycling Advocates (SASCA) with plans to add a mountain biking trail in Reid Park sometime in 2018. Rennovations at Lions Park are nearing completion. Watch they City’s website and Facebook for informa-tion on a ribbon-cutting ceremony later this summer. At their May 1st meeting, Council approved the City’s new Adopt-a-Park program. If you are inter-ested in caring for a City park by performing minor maintenance and upkeep through this program, please contact City Hall at: 651-747-3900 for appli-cation materials and more information. 4 Spring/Summer 2018 The 2018 local races will include, two City Council seats. Voters may vote for up to two candidates on the November ballot. City Council elections are non- partisan and candidates run for their seats at-large. Terms for these Council positions are four years be- ginning in January of 2019 and ending January 2, 2023. The filing period for office (City Council) runs from July 31 to August 14, 2018 at 5:00 PM. For more in- formation, visit the “Elections” tab on the City’s web- site at: www.lakeelmo.org, or contact Julie Johnson, City Clerk at: 651-747-3914 or jjohnson@lakeelmo. org. The General Election will take place on Tuesday, November 6, 2018. Polls open at 7:00 AM and close at 8:00 PM. In-person voting will take place at City Hall at: 3800 Laverne Ave. N. on Election Day for resdients who live north of CSAH 14. Residents who live south of CSAH 14 will vote at Fire Station 1 at: 3510 Laverne Ave. N. If you are still unsure where you should go to vote, visit the Secretary of State’s Polling Place Finder at: https://pollfinder.sos. state.mn.us/. Absentee voting opens for the Gen- eral Election on Friday, September 21, 2018. 2018 Election Information Incentive grants for raingardens, small farm projects and shoreline plantings Looking for a little help improving your property? The Brown’s Creek, South Washington, and Valley Branch Watershed Districts offer incentive grants to landowners for projects that improve habitat and re- duce erosion and runoff water pollution. Grants can be used to convert lawn or agricultural fields to prai- rie, fix drainage issues around stables and pastures that cause mud and erosion, or to replace turf along lakeshores and streambanks with deeper-rooted native plants. Best of all, Lake Elmo residents can request a free, no-obligation site visit from the Wash- ington Conservation District (WCD) to discuss po- tential projects, get advice on managing weeds and invasive species, and learn more about the grants. Incentive grant programs help our watershed dis- tricts to stretch their funding for water improvement projects. “Most of the land in Washington County is privately owned, so these public-private partner- ships help everyone,” says Jay Riggs, WCD District Manager. The WCD helps landowners to develop customized plans for their properties, and the wa- tershed grants help to pay for plants, materials, and rental equipment such as tillers and sod cutters. To sign-up for a site visit or ask about grants, go to www.mnwcd.org or call 651-330-8220. Rain Garden on Klawitter Pond 5 Spring/Summer 2018 Grass Clippings, Leaves & Yard Debris in Storm Sewers City storm sewers are designed to carry rain water (com- monly referred to as ‘storm water’), surface run-off and snow melt to wetlands, ponds and lakes. Storm sewers are not designed to handle leaves, grass clippings and other yard debris. During rainstorms, grass clippings, leaves and other yard debris can plug storm drains/grates and accumulate in the pipes, contributing to clogs and back-ups. In heavy rain events these clogs and back-ups can cause flooding. In addition to grass clippings, leaves and debris, storm water often contains materials found in pet wastes, fertil- izers and pesticides. When even small amounts of these materials enter waterways, they become pollutants that can kill fish and reduce water aesthetics. Proper watering and irrigation tips for a healthy lawn and landscape: • Watering deeply once or twice per week is better than watering a little every day. This will mimic natural weather patterns and lead to deep root growth and increased drought, pest and disease tolerance. • The ideal time to water the grass is between 3 a.m. and 6 a.m. Watering at night may promote turf grass diseases. Watering in the day causes water to be lost to evaporation. • Apply any fertilizers, soil conditioners or other treatments prior to rainfall. • Manage thatch to ensure water penetration. Soil surfactants that improve microbial ac- tivity and microorganisms can help manage thatch. • Mow high for increased moisture reserves in the leaf blades and roots. • Equip sprinkler systems with rain sensors. • Ensure sprinkler coverage is even across the lawn. • Grass stressed from lack of water will go dormant, not die. • Mow less frequently during drought and heat stresses on the lawn. • Consider drip irrigation for a garden or when practical, water the soil not the plant leaves or tree trunks. • For trees and shrubs, water away from the trunk, several feet in circumference beyond the canopy of the tree or shrub. • Longterm, mulching can help to improve soil and plant health, improving water manage- ment, water conservation and drought resistance of plants in addition to fast results with soil surfactants. 6 Spring/Summer 2018 Crime Prevention Tips, Information, and Resources from Sgt. Larry Osterman Vacation Checks: One of the Crime Prevention Program services is to offer vacation checks on your home when you are away for any length of time. This is for citizens where the Washington County Sheriff’s Office is the local law enforcement agency. If you live in a city that has a local police agency, you should contact them for this service. Visit: https://www.co.washington.mn.us/912/Vacation- Home-Checks for more information and to fill out a request form. Neighborhood Watch Program: Neighborhood Watch (NW) is an association of neighbors who contribute to the safety and security of their neighborhood by working together with the Washing- ton County Sheriff’s Office. Together, the Sheriff’s Office and the neighborhood volunteers work to implement the principles of crime deterrence and detection while encouraging the active reporting of crimes and suspicious activity. The strength of Neighborhood Watch is the communication and dedi- cation of the watch group members. If you are interested in forming a neighborhood watch group or registering your current group please complete call our non-emergency number 651-439-9381. Mail and Package Theft: Please don’t place mail in your mailbox to be picked up by the postal staff! The red flag is supposed to indicate mail to be picked up by postal carriers, however, it has become a signal for thieves. Planning for a package delivery? Have it delivered to you at work, or ask a neighbor that might be home during the day and have your package delivered to him or her. Having packages delivered to your home, when youre not there, creates great opportunity for thieves. Reporting suspicious bevaior: See a strange vehicle or person in your neighborhood? Please call the Sheriff’s Office to report what you saw! We will gladly check into the matter and be proactive rather than taking reports of thefts or worse after they happen. Scams: I assure you, your long lost cousin or friend/relative is not in jail in some foreign county, and we are even more certain that you giving a person your credit card/banking information will not help them. It will most likely empty your savings and/or max out your credit card. It will also leave you with little or no recourse as these cases are very hard to track. If you get a call like this, simply tell them that you’re calling the Sheriff to check on this and they can call you back tomorrow. I’m betting they won’t call back, but be sure to call us so we can look into the scam. Even if they do call back, never give out your financial information! More question or do you just want to meet the Lake Elmo Deputies? Contact myself, Sgt. Larry Osterman, at 651-747-3928 or larry.osterman@co.washington.mn.us. I do work a flex schedule, so it may take a day or two for me to return your call, but I certainly will try to reply within a day. 7 Spring/Summer 2018 New City Staff Sue Iverson, Finance Director Bob Wier started work as a Public Works Operator in April. Bob grew up in Lake Elmo, and his grand- father previously work in the Public Works Depart- ment. He has worked as an automotive technician and in a property maintenance capacity before join- ing the Public Works Department. Matt Leko joined the City of Lake Elmo as a Public Works Operator in January. Prior to coming to Lake Elmo, Matt worked as a heavy equipment mechanic with Tri-County Services and RDO equipment. He was also a Seasonal Pubilc Works employee with Washington County. Matt Leko, Public Works Operator Bob Wier, Public Works Operator Sue Iverson has been working in municipal gov- ernment since 1998, and in Finance Director roles since 2000. Sue has served on both national and Minnesota chapters of the GFOA on boards and committees. She is also a college-level accounting instructor and a Certified Municipal Clerk. Most re- cently, Sue served in various capcaities at the City of Arden Hills including Interim City Administrator, and Finance Director prior to coming to Lake Elmo in April. 8 Spring/Summer 2018 Mayor Mike Pearson Council Justin Bloyer Julie Fliflet Jill Lundgren Christine Nelson City Administrator Kristina Handt Internet: www.lakeelmo.org Email: comments@lakeelmo.org POLICE-FIRE Emergency: 9-1-1 Non-emergency: (651) 439-9381 A publication of the City of Lake Elmo 3880 Laverne Ave. N., Lake Elmo MN 55042 • 651-747-3900 PRSTD STD US POSTAGE PAID PERMIT NO. 19 LAKE ELMO, MN 3880 Laverne Ave. N. Lake Elmo, MN 55042 POSTAL PATRON LAKE ELMO MN 55042 www.facebook.com/LakeElmoMN Public Works Contact Info:Lake Elmo Tennis Camp Public Works: 651-747-3940 Emergency: Monday – Friday: 8:00 a.m. – 4:30 p.m. City Hall: 651-747-3900 All other hours and weekends, Washington County Dispatch: 651-439-9381 The City of Lake Elmo has partnered with tennis instructor, Alex Krol, to host youth tennis camps at Pebble Park throughout the summer. Camps will be separated by age groups. If you have additional questions, you can contact Alex directly at: 952-688-2945 or email him at: Alex@ minnesotatenniscamps.com Sally Manzarra Interpretive Nature Center Opening The Sally Manzarra Interpretive Nature Center in Sunfish Lake Park is scheduled to have a grand opening celebration on June 2nd from 10:00 AM - 2:00 PM. For more information visit: https://sminc-lake-elmo.org, and watch the City’s Facebook for details. STAFF REPORT DATE: May 15, 2018 CONSENT #9 AGENDA ITEM: Rocco’s Pizza Lease SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Jim Bauer, President of Roccos’ Pizza is interested in leasing suite 140 in the Brookfield building. Bauer had previously leased that space and is looking to return on a month to month basis. ISSUE BEFORE COUNCIL: Should the City Council approve the lease agreement with Rocco’s Pizza? PROPOSAL DETAILS/ANALYSIS: Included in your packet is a proposed lease which has been reviewed by the City Attorney and signed by Jim Bauer. It provides for a monthly lease amount of $400. The lease is month to month with a 60 day notice of termination. The tenant accepts the premises As Is. Mr. Bauer has agreed to this and indicated he needs no new carpet, painting, etc. FISCAL IMPACT: The city will receive $400/month to help offset costs of owning and operating the Brookfield building. The lease begins in June which will also help offset some of the revenue lost from another tenant moving out. OPTIONS: 1) Approve the proposed lease 2) Amend and then approve the lease RECOMMENDATION: If removed from the consent agenda: Motion to approve the lease agreement with Rocco’s Pizza ATTACHMENTS: • Lease Agreement STAFF REPORT DATE: May 15, 2018 CONSENT ITEM #: 10 AGENDA ITEM: 2018 Seal Coat Project – West Lakeland Township Joint Services Agreement SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Amanda Groh, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the West Lakeland Township Joint Services Agreement for the 2018 Seal Coat Project? BACKGROUND: Since 2012, Lake Elmo and West Lakeland Township have successfully contracted jointly for the annual street seal coat projects to share and reduce overall project costs. This year Lake Elmo also included Denmark Township for both crack seal and seal coat services (the Joint Services Agreement with Denmark was approved by the Lake Elmo City Council on April 17, 2018). Each jurisdiction pays its portion of the construction costs and shares in the engineering design, bidding and construction administration costs. The construction observation services are contracted directly by each jurisdiction. PROPOSAL DETAILS/ANALYSIS: Staff is recommending that the City continue to work jointly with West Lakeland Township to perform seal coating for routine maintenance of City and Township streets, therefore, staff has reviewed and updated the Joint Services Agreement with West Lakeland Township in preparation of the 2018 Seal Coat Project. The agreement identifies the terms and conditions upon which the City of Lake Elmo prepares and administers a contract for the 2018 Seal Coat Project to be completed on streets within both the City and Township. The City of Lake Elmo is defined as the lead entity and prepares the plans and specifications with input from the Township. The City bids the project and enters into a contract with the selected contractor for all the work. West Lakeland will pay a fee to the city in the amount of $3,000 to reimburse the City for the Township’s share of the design, bidding and construction administration services related to the project. The Township will reimburse the City within 30 days of receiving contractor invoices for the work performed on West Lakeland streets. FISCAL IMPACT: Cost savings of $3,000 in engineering and administration services. Staff believes that a unit price savings for the seal coat work is also likely due to the economy of scale at the time of bid/construction. Through a joint project effort, the City of Lake Elmo and West Lakeland Township, have been realizing project cost savings through an economy of scale and sharing in project expenses for preparation of plans and specifications, bidding, and construction administration. In addition, staff believes that by combining the project work for multiple communities, we can continue to promote a more favorable bidding environment that may result in lower overall construction costs. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the consent agenda, the West Lakeland Township Joint Services Agreement for the 2018 Seal Coat Project. If removed from the consent agenda, the recommended motion for this action is as follows: “Move to approve the West Lakeland Township Joint Services Agreement for the 2018 Seal Coat Project.” ATTACHMENTS: 1. West Lakeland Township Joint Services Agreement for the 2018 Seal Coat Project. STAFF REPORT DATE: May 15, 2018 CONSENT ITEM #: 11 AGENDA ITEM: 2018 Seal Coat Project – Accept Bids and Award Contract SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Amanda Groh, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council accept bids and award a contract for the 2018 Seal Coat Project? PROPOSAL DETAILS/ANALYSIS: Bids were received, publicly opened, and read aloud at City Hall on Thursday, May 3, 2018. FOCUS Engineering, Inc. has prepared and attached the Tabulation of Bids and a Letter of Recommendation for the award of the contract. The City received three (3) bids for this project, with Pearson Bros, Inc. providing the lowest bid. Staff is recommending that Pearson Bros, Inc. be awarded the contract in the amount of $147,103.06, which includes the amount of $54,480.46 for the City of Lake Elmo, the amount of $54,507.60 for West Lakeland Township, and the amount of $38,115.00 for Denmark Township. The project will be completed jointly with West Lakeland Township and Denmark Township with each Township reimbursing Lake Elmo their portion of the construction cost in the bid award amount of $92,622.60 (63%). Each Township will also pay Lake Elmo $3,000 for engineering and administration fees once the Lake Elmo City Council accepts the bids and awards the construction contract. Construction observation services will be contracted directly by each jurisdiction for the work performed on their streets. FISCAL IMPACT: $54,480.46. The post-bid construction estimate for Lake Elmo is $54,480.46 (37%). The total engineering design, bidding and construction services is estimated to be $8,500 less $6,000 to be reimbursed by West Lakeland Township and Denmark Township. The Lake Elmo total post-bid project cost is therefore estimated to be $56,980.46 to be paid through the General Fund (Fund No. 101-430-3120-42250). RECOMMENDATION: Staff is recommending that the City Council approve, as part of the consent agenda, Resolution No. 2018-048 accepting the bids and awarding a Contract to Pearson Bros, Inc. If removed from consent agenda, the recommended motion for this action is as follows: “Move to approve Resolution No. 2018-048 Accepting the Bids and Awarding a Contract to Pearson Bros, Inc. in the Bid amount of $147,103.06 for the 2018 Seal Coat Project; which includes $54,480.46 for the City of Lake Elmo, $54,507.60 for West Lakeland Township, and $38,115.00 for Denmark Township.” ATTACHMENTS: 1. Resolution No. 2018-048 Accepting Bids and Awarding Contract. 2. Engineer’s Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-048 A RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONTRACT FOR THE 2018 SEAL COAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2018 Seal Coat Project, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Pearson Bros, Inc. in the amount of $147,103.06. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF MAY 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk May 3, 2018 Jack Griffin, P.E. City Engineer City of Lake Elmo 3880 Laverne Avenue North, Suite 100 Lake Elmo, Minnesota 55042 2018 Seal Coat Project City of Lake Elmo, Minnesota Project No. 2018.109 Dear Mr. Griffin, Attached is a complete tabulation of Bids for the 2018 Seal Coat Project. Bids were received at City Hall at 3:00 PM on Thursday, May 3, 2018. Contractor Base Bid Allied Blacktop Company City of Lake Elmo $55,857.20 Denmark Township $39,501.00 West Lakeland Township $57,535.80 TOTAL: $152,894.00 Astech Corporation City of Lake Elmo $70,297.70 Denmark Township $50,935.50 West Lakeland Township $74,190.90 TOTAL: $195,424.10 Pearson Bros, Inc. City of Lake Elmo $54,480.46 Denmark Township $38,115.00 West Lakeland Township $54,507.60 TOTAL: $147,103.06 We recommend that you award the Contract to the lowest responsible bidder for the Project to Pearson Bros, Inc. in the total amount of $147,103.06. This includes the amount of $54,480.46 for the City of Lake Elmo, the amount of $38,115.00 for West Lakeland Township, and the amount of $54,507.60 for Denmark Township. Please contact me with any questions you may have. Sincerely, Amanda E Groh, P.E. Project Engineer FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 TABULATION OF BIDS 2018 SEAL COAT PROJECT CITY OF LAKE ELMO, WEST LAKELAND TWP & DENMARK TWP PROJECT NO. 2018.109 BIDS OPENED: MAY 3, 2018, AT 3:00 PM ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO.DESCRIPTION QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT CITY OF LAKE ELMO 1 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK AND CRS-2P EMULSIFIED ASPHALT 43,310 SY 1.14$ 49,373.40$ 1.47$ 63,665.70$ 1.09$ 47,207.90$ 2 4" DOUBLE SOLID YELLOW PAVEMENT MARKING 3,070 LF 0.90$ 2,763.00$ 1.00$ 3,070.00$ 1.00$ 3,070.00$ 3 4" SINGLE SOLID LINE WHITE PAVEMENT MARKING 6,824 LF 0.45$ 3,070.80$ 0.50$ 3,412.00$ 0.44$ 3,002.56$ 4 HANDICAP PAVEMENT MARKING 2 EA 325.00$ 650.00$ 75.00$ 150.00$ 600.00$ 1,200.00$ 55,857.20$ 70,297.70$ 54,480.46$ DENMARK TOWNSHIP 5 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK AND CRS-2P EMULSIFIED ASPHALT 34,650 SY 1.14$ 39,501.00$ 1.47$ 50,935.50$ 1.10$ 38,115.00$ CITY OF WEST LAKELAND 6 BITUMINOUS SEAL COAT WITH 1/8" DRESSER TRAP ROCK AND CRS-2P EMULSIFIED ASPHALT 50,470 SY 1.14$ 57,535.80$ 1.47$ 74,190.90$ 1.08$ 54,507.60$ TOTAL 152,894.00$ 195,424.10$ 147,103.06$ Pearson Bros, Inc.Allied Blacktop Company Astech Corporation PROJECT SCHEDULE CITY OF LAKE ELMO 2018 SEAL COAT PROJECT PROJECT NO. 2018.109 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 APRIL 5, 2018 Placement of Advertisement for Bids. –Oakdale-Lake Elmo Review. Publication on April 11 – Quest CDN. Publication on April 11 MAY 3, 2018 Receive Contractor bids. MAY 15, 2018 Council accepts bids and awards Contract. Approve JSA with WLT JUNE 13, 2018 Conduct Pre-construction meeting and Issue Notice to Proceed. JUNE 14, 2018 Contractor begins Work. AUGUST 17, 2018 Substantial Completion of Work; including sweeping of excess aggregate and pavement markings. SEPTEMBER 14, 2018 Final Completion of Work; including punchlist and final documentation. STAFF REPORT DATE: May 15, 2018 CONSENT ITEM #: 12 AGENDA ITEM: Easton Village 1st Addition – Accept Improvements and Approve Reduction of Security 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 and approve security reductions for Easton Village 1st Addition? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to accept the improvements and to reduce the development security for Easton Village 1st Addition. This request has been reviewed and the following reduction is being recommended: Current Security Amount Proposed Security Amount 1. Easton Village 1st Addition: $ 1,248,878 $ 771,771 The Easton Village 1st Addition public improvements have been completed in accordance with the development agreement dated August 6, 2015 with the exception of Landscaping, and Tree Preservation and Restoration. The improvements are in the warranty period per the attached Certificate of Completion. A security amount of 25% of the original security will be retained until the warranty period has expired. Landscaping Improvements will be accepted separately and with different warranty dates. 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. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, accept the improvements and approve the security reductions for Easton Village 1st Addition as detailed in the respective worksheet. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the improvements and approve security reduction for Easton Village 1st Addition as detailed in the respective Security Reduction Worksheet”. ATTACHMENTS: 1. Easton Village 1st Addition – Engineers Certificate of Acceptance. 2. Security Reduction Worksheets – Easton Village 1st Addition. EASTON VILLAGE 1ST ADDITION Time of Performance: June 30, 2016 DEVELOPMENT AGREEMENT AMOUNTS CATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6 Grading $728,739 $910,924 100%$910,924 Sanitary Sewer $293,960 $367,450 75%$275,588 Watermain $303,289 $379,111 75%$284,333 Storm Sewer (w/pond structures) $585,943 $732,429 75%$366,214 $183,107 Streets $526,489 $658,111 75%$329,056 $164,528 Sidewalks/Trails $98,777 $123,471 75%$61,736 $30,868 Surface Water Facilities NA NA Street Lighting NA NA Street Signs and Traffic Control Signs $5,600 $7,000 75%$5,250 Private Utilities (electricity, natural gas, telephone, and cable)NA Landscaping $110,781 $138,476 75%$69,238 Tree Preservation and Restoration $164,435 $205,544 75%$102,772 Wetland Mitigation and Buffers NA NA Monuments $30,000 $37,500 75%$28,125 Erosion Control $68,678 $85,848 75%$64,386 Miscellaneous Facilities NA NA Record Drawings $6,500 $8,125 75%$6,094 TOTALS $2,923,191 $3,653,989 RELEASED AMOUNTS:$559,921 $1,845,189 $477,107 $0 $0 $0 $685,766 CUMMULATIVE AMOUNTS:$559,921 $2,405,110 $2,882,218 SECURITY AMOUNT REMAINING:$3,094,068 $1,248,878 $771,771 DATE:8/2/2016 12/20/2016 5/15/2018 REDUCTIONS STAFF REPORT DATE: May 15, 2018 CONSENT ITEM # 13 AGENDA ITEM: CSAH 15 (Manning Avenue) / 50th Street Traffic Signal Improvements – Approve Washington County Cooperative Agreement Payment No. 3 (FINAL) SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Krintina Handt, City Administrator Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Final Payment (No. 3) for the CSAH 15 (Manning Avenue) / 50th Street Traffic Signal Improvements? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: In March 2017, the City of Lake Elmo entered into Cooperative Agreement No. 10856 with Washington County for the City cost participation of the CSAH 15 (Manning Avenue) / 50th Street Traffic Signal Improvements. In accordance with the agreement Washington County has submitted the final invoice (Invoice #139155) in the amount of $14,976.72 bringing the total amount invoiced to date to $53,742.15. The amount requested reflects final payment for construction costs made to the contractor. The invoice has been reviewed and payment is recommended in the amount requested. FISCAL IMPACT: No additional fiscal impact. Payment is proposed in accordance with Cooperative Agreement No. 10856 with Washington County which included a budget amount for the Local cost share of $60,133. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, final payment to Washington County in the amount of $14,976.72 for the CSAH 15 (Manning Avenue) / 50th Street Traffic Signal 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 $14,976.72 for CSAH 15 (Manning Avenue) / 50th Street Traffic Signal Improvements in accordance with Invoice #139155 and Cooperative Agreement No. 10856.” ATTACHMENTS: 1. Washington County Invoice No. 139155 and supporting detail. Washington ^County WACO PUBLIC WORKS DEPT 11660MYERON RD N STILLWATER MN 55082 To:LAKE ELMO CITY 3800 LAVERNE AVE N LAKE ELMO MN 55042-9629 Please return top portion with payment.Thank You. Invoice Invoice Number:139155 Account Number:20498 Due Date 5/20/18 Amount Enclosed:S Federal Tax Id:41-6005919 Invoice Date Number Type Due Date Remark Amount 4/20/18 139155 Invoice 5/20/18 5/20/18 5/20/18 5/20/18 5/20/18 CSAH 15 at 50th Stree Signal Invoice for Construction costs through final. City/County Cooperative Agreement No.:10856 $14,976.72 I declare under the penalties of law that this account claim or demand,is just and correct and no part of it has been paid. Please make check payable to Washington County and mail to the address above. Invoice Total $14,976.72 Sales Tax Balance Due $14,976.72 CSAH 15 at 50th St Signal ‐ Billing Summary City of Lake Elmo County/City Cooperative Agreement #10856 Through Final 4/20/2018 Estimated Cost (from Cooperative Agreement) Current Cost (based on Bid) Previously Paid Current Amount Due Construction 40,000.00$ 37,287.10$ 22,310.38$ 14,976.72$ County Furnished Materials 10,000.00$ 9,928.75$ 9,928.75$ 0.00$ Design Engineering 5,333.00$ 6,526.30$ 6,526.30$ 0.00$ Construction Engineering/Contract Administration 4,800.00$ ‐$ ‐$ ‐$ TOTAL 60,133.00$ 53,742.15$ 38,765.43$ 14,976.72$ STAFF REPORT DATE: May 15, 2018 CONSENT ITEM #: 14 AGENDA ITEM: Private Development Projects – Approve Security Reductions for Royal Golf Club at Lake Elmo SUBMITTED BY: Emily Becker REVIEWED BY: Kristina Handt, City Administrator ISSUE BEFORE COUNCIL: Should the City Council approve security reductions for Royal Golf Club at Lake Elmo Site Grading Agreement? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed 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. Royal Golf Club at Lake Elmo Site Grading $ 780,600 $359,314 The grading agreement required security for both grading and tree replacement. Because security of $263,750 for plantings for trees within the 1st Addition of the development has also been provided, and because the total number of trees that are required within the Royal Golf Club development have been reduced, Royal Golf is requesting a security reduction. Staff has reviewed the request, and has determined that reducing security from $634,600 to $213,314 would be sufficient for tree preservation within the areas that were proposed to be graded as per the grading agreement. FISCAL IMPACT: It is the City’s goal to retain at all times during 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 Royal Golf Club at Lake Elmo Grading Agreement as detailed in this report. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve security reductions for Royal Golf Club at Lake Elmo Grading Agreement from $780,600 to $359,314 as detailed in this report.” STAFF REPORT DATE: May 15, 2018 CONSENT ITEM #: 15 TO: Mayor and Council AGENDA ITEM: Accept resignation of Paul Jorgenson SUBMITTED BY: Jake Foster, Assistant City Administrator BACKGROUND: Firefighter Paul Jorgenson submitted his resignation for his part-time firefighter position effective May 14th. It is his intention, and that of the fire department, to keep him on as a paid-on-call firefighter. ISSUE BEFORE COUNCIL: Should the Council accept Paul Jorgenson’s resignation as a part-time firefighter? PROPOSAL: Staff recommends accepting Paul Jorgenson’s resignation as a part-time firefighter, while allowing him to continue to serve as a paid-on-call firefighter RECOMMENDATION: If removed from the consent agenda: “Move to accept Paul Jorgenson’s resignation as part-time firefighter.” ATTACHMENTS: None STAFF REPORT DATE: May 15, 2018 PUBLIC HEARING ITEM #: 16 AGENDA ITEM: Old Village Phase 4 Street, Drainage, and Utility Improvements – Public Improvement Hearing, Ordering the Improvements and Final Assessment Hearing SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director Sarah Sonsalla, City Attorney Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council Order the Improvements and adopt the Final Assessment Roll for the Old Village Phase 4 Street, Drainage, and Utility Improvements? BACKGROUND: On April 17, 2018, the Lake Elmo City Council accepted the feasibility report and called for a public improvement hearing and final assessment hearing for the Old Village Phase 4 Street, Drainage, and Utility Improvements. The improvements include the extension of lateral sanitary sewer mains along 32nd Street North, east of Lake Elmo Avenue, and along 36th Street North/Layton Avenue North. The improvements include the reconstruction of the existing streets with concrete curb and gutter, the addition of storm sewer improvements to improve drainage to the extent possible within the project limits and right-of-way, the replacement of the aged watermain, and a sanitary sewer service stub extended to the property line for each benefitting property. The project also consists of the installation of a regional storm sewer outfall pipe as another extension of the City’s regional downtown storm sewer system and considers the addition of a trail extension along 36th Street North to connect Lion’s Park to the VFW Park. The scope of improvements remains consistent with the preliminary plans that were presented to the City Council on February 20th, 2018. Park improvements were added to the scope of improvements based on staff direction and as part of the project restoration. An informational meeting for members of the community affected by the proposed assessments was held on April 25, 2018. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429, the City must hold a Public Improvement Hearing to consider making the improvements. In addition, the Council must declare the amount to be assessed against the benefiting properties and hold a hearing on the proposed assessments. Chapter 429 allows coordinating the timelines of the special assessment and competitive bidding processes to allow the City to make a more informed decision by having both the construction cost for the improvements, and knowing the assessment revenue available through special assessments. Accordingly, the City received bids for the improvements on May 10, 2018. In addition, pursuant to Minnesota Statutes, Section 429, the City provided notice for both the Public Improvement Hearing and Final Assessment Hearing to be held on May 15, 2018. The attached notices were published in the official newspaper and individual notifications were sent to each address that potentially will be impacted by these improvements. A Feasibility Report has been completed and adopted by the City Council defining the scope of the proposed improvements together with the estimated project costs. Staff has enclosed a proposed Final Assessment Roll as recommended in the feasibility report. An alternate Final Assessment Roll has also been enclosed for Council’s consideration, which reduces the street improvement assessment rate for non-residential properties from 100% to 80%. The City Council is respectfully requested to hold the Public Improvement Hearing; and following the hearing, hold the Final Assessment Hearing for the Old Village Phase 4 Street, Drainage, and Utility Improvements. Following the hearings, the council will be asked to consider adopting a Resolution Ordering the Improvement and a Resolution Adopting the Final Assessment Roll. The resolution ordering the improvements requires a vote of four-fifths of all members of the council since the project was initiated by the City Council, and not by property owner petition. The following summarizes the report findings, assessments, and recommendations: Sanitary Sewer: • The project will extend municipal sanitary sewer service to 20 properties that are currently served by on-site wastewater treatment systems. • The estimated one-time unit assessment for sanitary sewer will be levied over 20 years. The base assessment value is $11,600 per residential equivalent connection (REC). • Additional connection costs, in the estimated combined amount of $6,500, would be collected from property owners at the time of connection to sewer. This amount is comprised of various permitting and connection fees by the City and Met Council. If the property owner connects within one year of the sewer being made available, the City’s incentive program applies, and the estimated combined fees would be reduced to $4,500. • Properties will also be directly responsible to pay a private plumbing contractor to make the service connection for their property, from the right-of-way to their home. This cost is property specific and includes the installation of the grinder station if required. • Ten properties on 32nd Street will be served by individual grinder stations with a small diameter low pressure sewer. The grinder stations would be furnished by the City as part of the project and installed and maintained by each property. • Lake Elmo ordinance requires properties to connect to sanitary sewer service within 2 years. Street and Drainage Improvements: • The improvements have been developed based on preliminary design work previously presented to the City Council. • A new small-diameter cul-de-sac is proposed at the end of 32nd Street, but the cul-de-sac is subject to obtaining an easement from the impacted property owner. If the easement negotiations are not successful, the street will be replaced as it exists today. • A regional drainage area storm sewer outfall pipe will be extended through Lions Park from 36th Street to Upper 33rd Street connecting to the existing storm sewer system and discharging to the regional drainage basin. This pipe system is considered a regional benefit and therefore the costs are not being assessed as part of the project. The location of this storm sewer pipe is also subject to obtaining an easement from the existing impacted properties. The estimated total costs are $211,000 for the regional storm sewer outfall pipe. • Residential properties on 32nd Street will be assessed on a per unit basis at 30% of the total city cost share for these improvements. The street, and drainage assessment for each parcel on this project is $8,300 for 12 residential properties. The assessment will be levied over 15 years. • Residential properties on 36th Street and Layton Avenue North will be assessed on a per unit basis at 30% of the total city cost share for these improvements. The street and drainage assessment for each parcel on this project is $8,400 for 6 residential properties. The two city parks have been assessed 6 residential equivalent units. The assessment will be levied over 15 years. • Commercial properties on 36th Street and Layton Avenue North will be assessed on a per linear foot basis at 100% of the total project costs for these improvements. The street, and drainage assessment for each parcel on this project is $220 per linear foot. Detail for each parcel is provided on the assessment roll. The assessment will be levied over 15 years. • An alternate assessment roll is enclosed for Council consideration. This reduces Commercial properties on 36th Street and Layton Avenue North per linear foot assessment basis from 100% to 80% of the total project costs for these improvements. The street, and drainage assessment for each parcel on this project would be $176 per linear foot. Detail for each parcel is provided on the assessment roll. The alternate assessment, if selected, will be levied over 15 years. Watermain Improvements: • The existing watermain infrastructure will be replaced as part of this project. These improvements are not assessed for properties that are existing water service customers. The estimated total costs are $374,000 for water system improvements. Trail and Park Improvements: • A bituminous trail is proposed to be extended along the south side of 36th Street and the east side of Layton Avenue. The estimated total costs are $39,500 for the bituminous trail. • A regional drainage area storm sewer outfall pipe will be extended through the east side of Lions Park and will disturb the existing tennis court, volleyball court, and playground. Therefore, with certain park amenities being partially disturbed by the project, additional park improvements were incorporated into this project. • Park improvements being incorporated with the project include the replacement of the tennis courts with a pickleball court/skating rink area, restoring the volleyball courts with a new sand surface, and installed a new concrete curb edging around the playground. Park improvement costs are estimated to be $192,500. FISCAL IMPACT: The estimated total project cost is $2,152,000 with the City cost share estimated to be $1,380,580. The City share of the street and drainage improvements is estimated at $674,180 and City share of the sanitary sewer improvements estimated at $100,400. The improvements are proposed to be assessed against the benefitting properties consistent with the City’s Special Assessment Policy including proposed assessments in the amount of $411,820 for the street and drainage improvements and $359,600 for the sanitary sewer improvements. If the Council decides to adopt the alternate assessment roll for 36th Street and Layton Avenue North the City cost share increases to $1,422,864. RECOMMENDATION: Staff is recommending that the City Council approve Resolution 2018-049 Ordering the Improvements and approve Resolution 2018-049 Adopting the Final Assessment Roll. The suggested motions to approve these actions are as follows: “Move to adopt Resolution No. 2018-049 Order the Improvements for the Old Village Phase 4 Street, Drainage, and Utility Improvements.” and “Move to adopt Resolution No. 2018-050 Adopting the Final Assessment Roll for the Old Village Phase 4 Street, Drainage, and Utility Improvements.” ATTACHMENTS: 1. Resolution Ordering the improvements for the Old Village Phase 4 Street, Drainage, and Utility Improvements. 2. Notice of Hearing on Improvement. 3. Resolution Adopting the Final Assessment Roll for the Old Village Phase 4 Street, Drainage, and Utility Improvements. 4. Notice of Hearing on Proposed Assessment. 5. Location Map. 6. Assessment Roll. 7. Alternate Assessment Roll – 36th Street and Layton Avenue North. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-049 A RESOLUTION ORDERING THE IMPROVEMENT FOR THE OLD VILLAGE PHASE 4 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to city council authorization, adopted on April 17, 2018, the council ordered a hearing on improvement for the Old Village Phase 4 Street, Drainage, and Utility Improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 15th day of May, 2018, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the feasibility report prepared by FOCUS, Inc. states that the project is necessary, cost-effective, and feasible. NOW, THEREFORE, BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report dated April 2018. 2. Such improvement is hereby ordered as proposed in the council resolution adopted this 15th day of May, 2018. 3. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF MAY, 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON IMPROVEMENT OLD VILLAGE PHASE 4 STREET AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, May 15, 2018, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The improvements consist of the extension of sanitary sewer along 32nd Street North, east of Lake Elmo Avenue, and along 36th Street North and Layton Avenue North, including the reconstruction of the existing streets with concrete curb and gutter, installation of storm sewer, replacement of existing watermain, construction of an off- road bituminous trail along 36th Street North and Layton Avenue North, and park improvements in Lions Park. Sanitary sewer assessments are proposed for those properties that abut the improvements and receive a service stub as part of the project including 3235 and 3263 Lake Elmo Avenue North; 11223, 11240, 11247, 11258, 11267, 11279, 11284, 11295, 11306, and 11328 32nd Street North; 3604, 3624, 3646, 3664, 3686, and 3712 Layton Avenue North; and 11299 and 11325 Stillwater Boulevard North. The area proposed to be assessed for the street and drainage improvements include the properties directly abutting and accessing the proposed streets along 32nd Street North east of Lake Elmo Avenue North, along 36th Street North east of Laverne Avenue North, and along Layton Avenue North between 36th Street North and Stillwater Boulevard North. The estimated total cost for the project is $2,152,000 with the street and drainage improvements estimated at $1,086,000, the sanitary sewer improvements estimated at $460,000, the water system improvements at $374,000, and the trail and park improvements at $232,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desiring to be heard with reference to the proposed improvements will be heard at this meeting. DATED: April 17, 2018 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on April 25 and May 2, 2018) CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-050 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE OLD VILLAGE PHASE 4 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the Old Village Phase 4 Street, Drainage, and Utility Improvements including street, drainage, and sanitary sewer improvements along 32nd Street North, 36th Street North, and Layton Avenue North. NOW, THEREFORE, BE IT RESOLVED, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over 15 years for street and drainage improvements and 20 years for sanitary sewer improvements, the first of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of 4.5% percent per annum from the adoption date of this assessment resolution. To the first installment shall be added interest on the entire assessment from June 15, 2018 until December 31, 2018. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 31 or interest will be charged through December 31 of the next succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF MAY, 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT OLD VILLAGE PHASE 4 STREET AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the Council Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, May 15, 2018, to consider, and possibly adopt, the proposed assessment against abutting property for the Old Village Phase 4 Street and Utility Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • Street and drainage improvements along 32nd Street North east of Lake Elmo Avenue North, 36th Street North east of Laverne Avenue North, and Layton Avenue North between 36th Street North and Stillwater Boulevard North. • Sanitary sewer improvements along 32nd Street east of Lake Elmo Avenue North, 36th Street North east of Laverne Avenue North, and Layton Avenue North between 36th Street North and Stillwater Boulevard North. Properties include 3235 and 3263 Lake Elmo Avenue North; 11223, 11240, 11247, 11258, 11267, 11279, 11284, 11295, 11306, and 11328 32nd Street North; 3604, 3624, 3646, 3664, 3686, and 3712 Layton Avenue North; and 11299 and 11325 Stillwater Boulevard North. You may at any time prior to certification of the assessment to the county auditor on November 15, 2018, pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk prior to June 15, 2018. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 31 (date assessment certified to County Auditor) or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 4.50 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years for street and drainage improvements and 20 years for sanitary sewer improvements, the first of the installments to be payable on or before the first Monday in January 2019 and will bear interest at the rate of 4.50 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessment is $411,820. The total amount of the proposed sanitary sewer improvement assessment is $359,600. The City contribution for the overall improvement project is $1,380,580. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council is authorized in its discretion to defer the payment of an assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders, for whom it would be a hardship to make the payments. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: April 17, 2018 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on April 25, 2018) Old Village Capital Improvement Plan Phasing Plan; Schedule and Assessment Methodology SEPTEMBER 6, 2016 FOCUS ENGINEERING, inc. OLD VILLAGE CIP – PHASING PLAN PHASE 3 PHASE 4 PHASE 5 PHASE 7 PHASE6 PHASE 6 PHASE 4 PHASE 3 NOT INCLUDED NOT INCLUDEDNOT INCLUDED NOT INCLUDED CITY OF LAKE ELMO, MN. MAY 2018 OLD VILLAGE PHASE 4: STREET AND UTILITY IMPROVEMENTS 32ND STREET NEIGHBORHOOD FINAL ASSESSMENT ROLL STREET AND SANITARY SEWER IMPROVEMENTS PAGE 1 of 1 NO. NAME PID TOTAL ASSESSMENT AMOUNT STREET AND DRAINAGE ASSESSMENT AMOUNT SANITARY SEWER ASSESSMENT AMOUNT SAC 1 STUDE ROBERT H & CAROL W 3263 LAKE ELMO AVE N 3263 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921320040 $19,900.00 $8,300.00 $11,600.00 1 2 PROKOSCH SUSAN L 11240 32ND ST N 11240 32ND ST N LAKE ELMO MN 55042 1302921310013 $19,900.00 $8,300.00 $11,600.00 1 3 FERGUSON BRIAN T & KIM M 11258 32ND ST N 11258 32ND ST N LAKE ELMO MN 55042 1302921310011 $19,900.00 $8,300.00 $11,600.00 1 4 MEIER JAMES A TRS 11284 32ND ST N PO BOX 217 LAKE ELMO MN 55042 1302921310012 $19,900.00 $8,300.00 $11,600.00 1 5 WENDT MYRON & BEVERLY 11306 32ND ST N 11306 32ND ST N LAKE ELMO MN 55042 1302921310015 $19,900.00 $8,300.00 $11,600.00 1 6 WENDT EDNA C 11328 32ND ST N 11328 32ND ST N LAKE ELMO MN 55042 1302921310014 $19,900.00 $8,300.00 $11,600.00 1 7 ANDREWS JOHN R & CHERL L 11295 32ND ST N 11295 32ND ST N LAKE ELMO MN 55042 1302921340003 $19,900.00 $8,300.00 $11,600.00 1 8 RUBBERT KENNETH O & DOREEN N 11279 32ND ST N 11279 32ND ST N LAKE ELMO MN 55042 1302921340002 $19,900.00 $8,300.00 $11,600.00 1 9 SANCHEZ OCTAVIO & MICHELLE 11267 32ND ST N 11267 32ND ST N LAKE ELMO MN 55042 1302921340004 $19,900.00 $8,300.00 $11,600.00 1 10 REYNOLDS ROCKY P & KAREN K 11247 32ND ST N 11247 32ND ST N LAKE ELMO MN 55042 1302921340005 $19,900.00 $8,300.00 $11,600.00 1 11 PROKOSCH SUSAN L 11223 32ND ST N 11240 32ND ST N LAKE ELMO MN 55042 1302921330005 $31,500.00 $8,300.00 $23,200.00 2 12 BEERS MARY ANNE 3235 LAKE ELMO AVE N PO BOX 64 LAKE ELMO MN 55042 1302921330008 $19,900.00 $8,300.00 $11,600.00 1 TOTAL $250,400.00 $99,600.00 $150,800.00 13 ADDRESS MAILING ADDRESS CITY OF LAKE ELMO, MN. MAY 2018 OLD VILLAGE PHASE 4: STREET AND UTILITY IMPROVEMENTS 36TH STREET LAYTON AVENUE FINAL ASSESSMENT ROLL STREET AND SANITARY SEWER IMPROVEMENTS PAGE 1 of 1 NO. NAME PID TOTAL ASSESSMENT AMOUNT STREET AND DRAINAGE ASSESSMENT AMOUNT STREET FRONT FOOTAGE SANITARY SEWER ASSESSMENT AMOUNT SAC 1 CHRISTINE L SCHILTZ TRS 3686 LAYTON AVE N 721 10TH AVE N SOUTH ST. PAUL MN 55075 1302921240026 $20,000.00 $8,400 100 11,600.00$ 1 2 WOLDSNES JON 3664 LAYTON AVE N 3664 LAYTON AVE N LAKE ELMO MN 55042 1302921240027 $20,000.00 $8,400 100 11,600.00$ 1 3 TOLLARD GAYL J 3646 LAYTON AVE N 3646 LAYTON AVE N LAKE ELMO MN 55042 1302921240006 $20,000.00 $8,400 100 11,600.00$ 1 4 DITTMANN MELANIE A & MELVIN J 3624 LAYTON AVE N 3624 LAYTON AVE N LAKE ELMO MN 55042 1302921240005 $20,000.00 $8,400 100 11,600.00$ 1 5 ZEIPELT BETH N 3604 LAYTON AVE N 3604 LAYTON AVE N LAKE ELMO MN 55042 1302921240003 $20,000.00 $8,400 250 11,600.00$ 1 6 WACKER WILLIAM G & SALLYANN 3603 LAVERNE AVE N PO BOX 167 LAKE ELMO MN 55042 1302921230017 $8,400.00 $8,400 120 ‐$ 7 CITY OF LAKE ELMO 3585 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921230029 $25,200.00 $25,200 350 ‐$ 8 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921240018 $25,200.00 $25,200 397 ‐$ 9 CHEEE LLC 11320 UPPER 33RD ST N 7250 HUDSON BOULEVARD N OAKDALE MN 55128 1302921240022 $13,200.00 $13,200 60 ‐$ 10 CHEEE LLC 7250 HUDSON BOULEVARD N OAKDALE MN 55128 1302921240019 $22,220.00 $22,220 101 ‐$ 11 C A GERBITZ CO INC 11299 STILLWATER BLVD N 11299 STILLWATER BLVD N LAKE ELMO MN 55042 1302921240017 $122,580.00 $87,780 399 34,800.00$ 3 12 ELMO INN ENTERPRISES INC 3712 LAYTON AVE N PO BOX 182 LAKE ELMO MN 55042 1302921240025 $169,420.00 $88,220 401 81,200.00$ 7 13 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 11325 STILLWATER BLVD N 3060 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921240016 $34,800.00 $0 0 34,800.00$ 3 TOTAL $521,020.00 $312,220 2478 208,800.00$ 18 ASSESSABLE PROPERTY ADDRESS MAILING ADDRESS *Properties in Red represent Commercial properties. **Properties in Black represent Residential properties. CITY OF LAKE ELMO, MN. MAY 2018 OLD VILLAGE PHASE 4: STREET AND UTILITY IMPROVEMENTS 36TH STREET LAYTON AVENUE ALTERNATE FINAL ASSESSMENT ROLL (NON-RESIDENTIAL STREET AT 80%) STREET AND SANITARY SEWER IMPROVEMENTS PAGE 1 of 1 NO. NAME PID TOTAL ASSESSMENT AMOUNT STREET AND DRAINAGE ASSESSMENT AMOUNT STREET FRONT FOOTAGE SANITARY SEWER ASSESSMENT AMOUNT SAC 1 CHRISTINE L SCHILTZ TRS 3686 LAYTON AVE N 721 10TH AVE N SOUTH ST. PAUL MN 55075 1302921240026 $20,000.00 $8,400 100 11,600.00$ 1 2 WOLDSNES JON 3664 LAYTON AVE N 3664 LAYTON AVE N LAKE ELMO MN 55042 1302921240027 $20,000.00 $8,400 100 11,600.00$ 1 3 TOLLARD GAYL J 3646 LAYTON AVE N 3646 LAYTON AVE N LAKE ELMO MN 55042 1302921240006 $20,000.00 $8,400 100 11,600.00$ 1 4 DITTMANN MELANIE A & MELVIN J 3624 LAYTON AVE N 3624 LAYTON AVE N LAKE ELMO MN 55042 1302921240005 $20,000.00 $8,400 100 11,600.00$ 1 5 ZEIPELT BETH N 3604 LAYTON AVE N 3604 LAYTON AVE N LAKE ELMO MN 55042 1302921240003 $20,000.00 $8,400 250 11,600.00$ 1 6 WACKER WILLIAM G & SALLYANN 3603 LAVERNE AVE N PO BOX 167 LAKE ELMO MN 55042 1302921230017 $8,400.00 $8,400 120 ‐$ 7 CITY OF LAKE ELMO 3585 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921230029 $25,200.00 $25,200 350 ‐$ 8 CITY OF LAKE ELMO 3800 LAVERNE AVE N LAKE ELMO MN 55042 1302921240018 $25,200.00 $25,200 397 ‐$ 9 CHEEE LLC 11320 UPPER 33RD ST N 7250 HUDSON BOULEVARD N OAKDALE MN 55128 1302921240022 $10,560.00 $10,560 60 ‐$ 10 CHEEE LLC 7250 HUDSON BOULEVARD N OAKDALE MN 55128 1302921240019 $17,776.00 $17,776 101 ‐$ 11 C A GERBITZ CO INC 11299 STILLWATER BLVD N 11299 STILLWATER BLVD N LAKE ELMO MN 55042 1302921240017 $105,024.00 $70,224 399 34,800.00$ 3 12 ELMO INN ENTERPRISES INC 3712 LAYTON AVE N PO BOX 182 LAKE ELMO MN 55042 1302921240025 $151,776.00 $70,576 401 81,200.00$ 7 13 WILLIAM C HAGBERG TRS & PATRICIA H HAGBERG TRS 11325 STILLWATER BLVD N 3060 LAKE ELMO AVE N LAKE ELMO MN 55042 1302921240016 $34,800.00 $0 0 34,800.00$ 3 TOTAL $478,736.00 $269,936 2478 208,800.00$ 18 ASSESSABLE PROPERTY ADDRESS MAILING ADDRESS *Properties in Red represent Commercial properties. **Properties in Black represent Residential properties. STAFF REPORT DATE: May 15, 2018 REGULAR ITEM #: 17 AGENDA ITEM: Old Village Phase 4 Street, Drainage, and Utility Improvements – Accept Bids and Award Contract SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council accept bids and award a contract for the Old Village Phase 4 Street, Drainage and Utility Improvements? BACKGROUND: On February 20, 2018 the City Council ordered the preparation of the plans and specifications for the Old Village Phase 4 Street, Drainage and Utility Improvements. The improvements include the extension of lateral sanitary sewer mains along 32nd Street North, east of Lake Elmo Avenue, and along 36th Street North/Layton Avenue North. The improvements include the reconstruction of the existing streets with concrete curb and gutter, the addition of storm sewer improvements to improve drainage to the extent possible within the project limits and right-of-way, the replacement of the aged watermain, and a sanitary sewer service stub extended to the property line for each benefitting property. The project also consists of the installation of a regional storm sewer outfall pipe as another extension of the City’s regional downtown storm sewer system and considers the addition of a trail extension along 36th Street North to connect Lion’s Park to the VFW Park. The scope of improvements remains consistent with the preliminary plans that were presented to the City Council on February 20th, 2018. Park improvements were added to the scope of improvements based on staff direction and as part of the project restoration. PROPOSAL DETAILS/ANALYSIS: Bids will be received, publicly opened, and read aloud on Thursday, May 10, 2018. The Tabulation of Bids and engineer’s recommendation for the award of the contract will be presented to the City Council at the meeting. As a part of this award Staff is requesting Council to provide the City Administrator authorization to purchase individual grinder stations from a supplier in the not-to-exceed amount of $50,000 and enter into a material testing contract in the not-to-exceed amount of $20,000. Additionally, staff is recommending that the City Council approve a supplemental task order with SEH to provide construction observation services in an amount not to exceed $160,000. Each of these items are budgeted in the total cost figures presented below and are necessary to complete the project. The City Council approved the Plans and Specifications for the Old Village Phase 4 Street, Drainage, and Utility Improvements on April 17, 2018 and authorized staff to advertise the Project for bids. The Project was advertised on QuestCDN.com and in the Oakdale-Lake Elmo Review in accordance with the Minnesota Competitive Bidding requirements. FISCAL IMPACT: Approval of this resolution commits the council to enter into a construction contract for the project. The estimated total cost for the Old Village Phase 4 improvements is $2,152,000 with the street and drainage improvements estimated at $1,086,000; the sanitary sewer improvements estimated at $460,000; the watermain improvements estimated at $374,000; and the park and trail improvements at $232,000. The street, drainage, and sanitary improvements are proposed to be assessed against the benefitting properties consistent with the City’s Special Assessment Policy and the Old Village Sewer Assessment Policy. RECOMMENDATION: Staff is recommending that the City Council approve a resolution accepting bids and awarding a contract per the engineer’s recommendation as presented at the meeting, for the Old Village Phase 4 Street, Drainage and Utility Improvements. Staff is also recommending that the City Council authorize the City Administrator to purchase individual grinder stations from a supplier in the not-to-exceed amount of $50,000, enter into a material testing contract in the not-to-exceed amount of $20,000, and authorize a supplemental task order with SEH to provide construction observation services in an amount not to exceed $160,000. The recommended motions for these actions are as follows: “Move to approve Resolution No. 2018–058, accepting bids and awarding a contract per the engineer’s recommendation as presented at the meeting for the Old Village Phase 4 Street, Drainage, and Utility Improvements.” and “Move to authorize the City Administrator to purchase individual grinder stations from a supplier in the not-to-exceed amount of $50,000; to enter into a material testing contract in the not-to-exceed amount of $20,000; and to approve a supplemental task order with SEH to provide construction observation services in an amount not to exceed $160,000.” ATTACHMENTS: 1. Resolution Accepting Bids and Awarding a Contract for the Old Village Phase 4 Street, Drainage, and Utility Improvements. 2. Project Schedule. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-058 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE OLD VILLAGE PHASE 4 STREET, DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the Old Village Phase 4: Street, Drainage, and Utility Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittal were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, , for the amount of $ . NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF MAY, 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk PROJECT SCHEDULE CITY OF LAKE ELMO OLD VILLAGE PHASE 4: STREET AND UTILITY IMPROVEMENTS PROJECT NO. 2017.157 DECEMBER 2017 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 SEPTEMBER 5, 2017 Council authorizes preliminary design and preparation of the Feasibility Report. FEBRUARY 20, 2018 Council orders the preparation of Plans and Specifications. APRIL 17, 2018 Presentation of Feasibility Report. Council accepts Report and calls Improvement Hearing and Assessment Hearing.Approve Plans and Specifications and Order Advertisement for Bids. MAY 10, 2018 Receive Contractor Bids. MAY 15, 2018 Public Improvement Hearing and Final Assessment Hearing. Council Orders the Improvement (requires 4/5th vote); Adopts the Final Assessments. Council accepts Bids and awards Contract. JUNE 5, 2018 Conduct Pre-Construction Meeting and issue Notice to Proceed. •OCTOBER 27, 2018 Substantial Completion. •JUNE 21, 2019 Final Completion. STAFF REPORT DATE: May 15, 2018 REGULAR ITEM #: 18 AGENDA ITEM: 2018 Street Improvements – Accept Bids and Award Contract SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council accept bids and award a contract for the 2018 Street Improvements? BACKGROUND: On December 5, 2017, following a Public Improvement Hearing, the City council ordered the improvements and preparation of the plans and specifications for the 2018 Street Improvements. The improvements include the rehabilitation of residential streets located in the southern Tri-Lakes area. The street improvements include approximately 2.0 miles of local streets consisting of Jane Road North, from Lake Jane Trail North to Jamaca Avenue North; Jane Court North, from Jane Road North to dead end; Jamaca Avenue North, from Jane Road North to Jamaca Avenue North; Jerome Avenue North, from 49th Street North to 53rd Street North; Jerome Avenue Court North, from Jerome Avenue North to dead end; and 53rd Street North, from Jamaca Boulevard North to 9480 53rd Street North. The street improvements include a full depth reclamation of the existing pavement and a new bituminous surface. Jane Road North and Jane Court North improvements include a new concrete ribbon curb. New concrete curb and gutter will be installed for Jamaca Avenue North, Jerome Avenue North, Jerome Avenue Court North, and 53rd Street North. Drainage improvements have been incorporated into the project to include storm sewer system replacement and drainage upgrades to prevent water from standing on or along the new street pavements. The scope of improvements remains consistent with the approved feasibility report which was adopted by the City Council on November 7, 2017. PROPOSAL DETAILS/ANALYSIS: Bids were received, publicly opened, and read aloud on Thursday, May 3, 2018. The City’s design consultant has prepared and attached a Tabulation of Bids and a letter of recommendation for the award of the contract. The City received 4 bids for this project, with Valley Paving, Inc. providing the lowest base bid plus alternate 1 in the combined amounts of $1,043,136.70. The City included a different bituminous pavement mixture (C Oil) as Alternate No. 1 to review the actual cost difference from the current standard mix. The City specifies a “B Oil” as its standard which is more susceptible to thermal cracking. To handle the thermal expansion expected from a “B Oil” the City saws and seals the roadway every 40-feet to allow for movement. The “C Oil” eliminates the need for the saw and seal and handles the thermal expansion better and resulting in the roadway showing fewer temperature related cracking over the useful life. Valley Paving, Inc. also had the lowest Alternate No. 1 bid in the additional amount of $22,407.20. Contractor references for Valley Paving, Inc. were reviewed and verified. The City Engineer and the consultant are therefore recommending that the Council award the contract to the lowest responsible bidder, Valley Paving, Inc. as outlined in the attached letter. As a part of this award staff is requesting Council to provide the City Administrator authorization to enter into a material testing contract in the not-to-exceed amount of $20,000. This amount has been budgeted in the total cost figures presented below and is necessary to complete the project. FISCAL IMPACT: Approval of this resolution commits the council to enter into a construction contract for the project with a construction contract amount of $1,043,136.70. The estimated total cost for the 2018 Street improvements is $1,252,000. The improvements are proposed to be partially assessed against the benefitting properties consistent with the City’s Special Assessment Policy. RECOMMENDATION: Staff is recommending that the City Council approve Resolution No. 2018-051, thereby accepting bids and awarding a contract to Valley Paving, Inc., in the amount of $1,043,136.70 for the 2018 Street Improvements. Staff is also recommending that the City Council authorize the City Administrator to enter into a material testing contract in the not-to-exceed amount of $20,000. The recommended motion for this action is as follows: “Move to approve Resolution No. 2018–051, accepting bids and awarding a contract to Valley Paving Inc., in the amount of $1,043,136.70 for the 2018 Street Improvements; and to authorize the City Administrator to enter into a material testing contract in the not-to-exceed amount of $20,000.” ATTACHMENTS: 1. Resolution Accepting Bids and Awarding a Contract for the 2018 Street Improvements. 2. Engineer’s Letter of Award Recommendation and Tabulation of Bids. 3. Project Schedule. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-051 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2018 STREET IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the 2018 Street Improvements, bids were received, opened, and tabulated according to law, and bids were received complying with the advertisement; and WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittal were met; and WHEREAS, the project engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsible bidder, Valley Paving, Inc., for the amount of $1,043,136.70. NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the above ordered Project, in the amount of the Contractor’s lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE FIFTEENTH DAY OF MAY, 2018. CITY OF LAKE ELMO By: __________________________ Mike Pearson (Seal) Mayor ATTEST: ________________________________ Julie Johnson City Clerk h:\lkelmn\n17115364\6_plans-specs\b_bid tabulation\115364 abstract ltr.docx May 4, 2018 Jack Griffin City Engineer City of Lake Elmo 3880 Laverne Avenue N Suite 100 Lake Elmo, Minnesota 55042 RE: 2018 Street Improvements City of Lake Elmo, MN Project No. 2017.156 BMI Project No. N17.115364 Dear Mr. Griffin, Attached is the bid abstract for the project referenced above. Bids were received at City Hall at 2:00 p.m. on Thursday, May 3, 2018. Bidder Base Bid Alternate No. 1 Valley Paving, Inc.$1,020,729.50 $22,407.20 Hardrives Inc.$1,072,816.63 $38,640.70 Park Construction Company $1,082,572.45 $27,388.10 North Valley, Inc.$1,090,085.05 $23,990.22 We have reviewed the bids and recommend awarding this bid to Valley Paving, Inc. If the Alternate is not awarded, the award amount shall be $1,020,729.50. If the Alternate is awarded, the award amount shall be $1,043,136.70. Sincerely, Bolton & Menk, Inc. Michael R. Warner, P.E. Project Engineer Enclosure BID DATE: MAY 3, 2018 AT 2:00 PM 1 2 3 4 ITEM APPROX. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO.ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE BASE BID 1 MOBILIZATION LS 1 $36,000.00 $36,000.00 $44,385.00 $44,385.00 $56,500.00 $56,500.00 $21,356.94 $21,356.94 2 TRAFFIC CONTROL LS 1 $4,000.00 $4,000.00 $6,500.00 $6,500.00 $5,100.00 $5,100.00 $5,339.24 $5,339.24 3 SILT FENCE, HAND INSTALLED LF 500 $4.50 $2,250.00 $5.11 $2,555.00 $4.60 $2,300.00 $4.54 $2,270.00 4 INLET PROTECTION EA 30 $135.00 $4,050.00 $92.06 $2,761.80 $143.00 $4,290.00 $213.57 $6,407.10 5 DITCH CHECK EA 5 $230.00 $1,150.00 $460.28 $2,301.40 $255.00 $1,275.00 $240.27 $1,201.35 6 STREET SWEEPING HR 30 $150.00 $4,500.00 $135.38 $4,061.40 $128.00 $3,840.00 $160.18 $4,805.40 7 CLEARING EA 10 $450.00 $4,500.00 $414.25 $4,142.50 $413.00 $4,130.00 $432.48 $4,324.80 8 GRUBBING EA 10 $150.00 $1,500.00 $138.08 $1,380.80 $138.00 $1,380.00 $144.16 $1,441.60 9 SALVAGE AND REINSTALL MAILBOX EA 88 $100.00 $8,800.00 $97.17 $8,550.96 $96.90 $8,527.20 $101.45 $8,927.60 10 SAWCUT BITUMINOUS PAVEMENT LF 1,400 $2.00 $2,800.00 $1.70 $2,380.00 $2.80 $3,920.00 $2.48 $3,472.00 11 SAWCUT CONCRETE PAVEMENT LF 460 $4.10 $1,886.00 $2.78 $1,278.80 $3.95 $1,817.00 $4.96 $2,281.60 12 REMOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT (DRIVEWAY) SY 800 $5.50 $4,400.00 $5.02 $4,016.00 $9.75 $7,800.00 $11.73 $9,384.00 13 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT (DRIVEWAY) SY 300 $14.00 $4,200.00 $8.67 $2,601.00 $10.90 $3,270.00 $13.13 $3,939.00 14 REMOVE AND DISPOSE OF EXISTING CONCRETE CURB AND GUTTER LF 270 $9.00 $2,430.00 $3.00 $810.00 $7.65 $2,065.50 $7.34 $1,981.80 15 REMOVE AND DISPOSE OF MODULAR BLOCK RETAINING WALL SF 36 $15.00 $540.00 $7.48 $269.28 $21.80 $784.80 $10.68 $384.48 16 SUBGRADE CORRECTION (CV)CY 500 $24.00 $12,000.00 $5.00 $2,500.00 $28.40 $14,200.00 $26.51 $13,255.00 17 RECLAIM EXISTING BITUMINOUS AND BASE MATERIALS, 8" DEPTH SY 32,255 $1.40 $45,157.00 $3.85 $124,181.75 $0.58 $18,707.90 $0.88 $28,384.40 18 HAUL EXCESS RECLAIMED MATERIAL OFF SITE (LV)CY 2,130 $7.00 $14,910.00 $13.00 $27,690.00 $11.40 $24,282.00 $12.00 $25,560.00 19 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 102 $170.00 $17,340.00 $485.00 $49,470.00 $186.00 $18,972.00 $183.88 $18,755.76 20 TYPE SP 12.5 BITUMINOUS NON WEARING COURSE MIXTURE (2,B) [SPNWB230B] TN 3,630 $49.00 $177,870.00 $40.00 $145,200.00 $49.90 $181,137.00 $48.44 $175,837.20 21 TYPE SP 9.5 BITUMINOUS WEARING COURSE MIXTURE (2,B) [SPWEA230B] TN 2,722 $53.50 $145,627.00 $42.00 $114,324.00 $52.90 $143,993.80 $53.78 $146,389.16 22 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,921 $1.50 $2,881.50 $1.40 $2,689.40 $1.85 $3,553.85 $3.04 $5,839.84 23 BITUMINOUS DRIVEWAY PAVEMENT SY 800 $21.00 $16,800.00 $21.65 $17,320.00 $30.40 $24,320.00 $22.26 $17,808.00 24 6" CONCRETE DRIVEWAY PAVEMENT (HIGH EARLY)SY 300 $70.00 $21,000.00 $73.77 $22,131.00 $71.30 $21,390.00 $72.08 $21,624.00 25 PATCH GRAVEL DRIVEWAY TN 10 $55.00 $550.00 $43.43 $434.30 $37.50 $375.00 $80.09 $800.90 26 SAW & SEAL STREET (40' INTERVALS)LF 6,300 $2.32 $14,616.00 $2.30 $14,490.00 $2.30 $14,490.00 $2.40 $15,120.00 27 B418 CONCRETE CURB & GUTTER LF 13,810 $11.00 $151,910.00 $11.67 $161,162.70 $13.70 $189,197.00 $13.08 $180,634.80 28 CONCRETE RIBBON CURB LF 6,425 $10.00 $64,250.00 $10.68 $68,619.00 $9.80 $62,965.00 $10.25 $65,856.25 29 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 110 $21.00 $2,310.00 $20.08 $2,208.80 $25.30 $2,783.00 $23.87 $2,625.70 30 CONCRETE VALLEY GUTTER SY 40 $72.00 $2,880.00 $70.79 $2,831.60 $80.60 $3,224.00 $84.36 $3,374.40 31 6" CONCRETE FLUME SF 100 $7.00 $700.00 $6.25 $625.00 $8.60 $860.00 $9.02 $902.00 NORTH VALLEY, INC. ABSTRACT OF BIDS 2018 STREET IMPROVEMENTS CITY PROJECT NO. 2017.156 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA VALLEY PAVING, INC.HARDRIVES INC.PARK CONSTRUCTION COMPANY BID DATE: MAY 3, 2018 AT 2:00 PM 1 2 3 4 ITEM APPROX. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO.ITEM UNIT QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE NORTH VALLEY, INC. ABSTRACT OF BIDS 2018 STREET IMPROVEMENTS CITY PROJECT NO. 2017.156 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA VALLEY PAVING, INC.HARDRIVES INC.PARK CONSTRUCTION COMPANY 32 HIGH CAPACITY CONCRETE APRON EA 4 $575.00 $2,300.00 $562.56 $2,250.24 $969.00 $3,876.00 $1,014.46 $4,057.84 33 CONCRETE MATURITY TESTING LS 1 $2,900.00 $2,900.00 $8,500.00 $8,500.00 $2,810.00 $2,810.00 $2,936.58 $2,936.58 34 PERFORATED PVC EDGE DRAIN LF 300 $21.00 $6,300.00 $15.34 $4,602.00 $19.40 $5,820.00 $20.29 $6,087.00 35 DRAINTILE CLEANOUT EA 6 $500.00 $3,000.00 $255.71 $1,534.26 $250.00 $1,500.00 $261.62 $1,569.72 36 REMOVE AND REPLACE CASTING AND RINGS EA 9 $900.00 $8,100.00 $938.50 $8,446.50 $752.00 $6,768.00 $1,067.85 $9,610.65 37 REMOVE AND REPLACE 4' DIA BARREL SECTION EA 1 $1,500.00 $1,500.00 $2,352.52 $2,352.52 $1,630.00 $1,630.00 $1,708.55 $1,708.55 38 REMOVE AND DISPOSE OF EXISTING STORM SEWER PIPE LF 246 $9.00 $2,214.00 $10.23 $2,516.58 $14.30 $3,517.80 $14.95 $3,677.70 39 REMOVE AND DISPOSE OF EXISTING STORM SEWER STRUCTURE EA 6 $350.00 $2,100.00 $409.14 $2,454.84 $587.00 $3,522.00 $614.01 $3,684.06 40 CONNECT TO EXISTING STORM SEWER EA 5 $900.00 $4,500.00 $1,227.40 $6,137.00 $791.00 $3,955.00 $827.58 $4,137.90 41 2' X 3' CATCH BASIN WITH CASTING PER DETAIL 404 EA 6 $2,400.00 $14,400.00 $2,045.67 $12,274.02 $2,670.00 $16,020.00 $2,792.42 $16,754.52 42 27" DIA MH WITH CASTING EA 1 $2,400.00 $2,400.00 $1,841.11 $1,841.11 $2,850.00 $2,850.00 $2,440.03 $2,440.03 43 4' DIA CBMH WITH SUMP AND CASTING PER DETAIL 405 EA 3 $4,500.00 $13,500.00 $3,682.21 $11,046.63 $4,210.00 $12,630.00 $4,410.21 $13,230.63 44 4' DIA CBMH WITH CASTING PER DETAIL 406 EA 6 $3,100.00 $18,600.00 $3,579.93 $21,479.58 $3,120.00 $18,720.00 $3,267.61 $19,605.66 45 4' DIA MH WITH CASTING PER DETAIL 409 EA 1 $3,650.00 $3,650.00 $3,945.62 $3,945.62 $3,520.00 $3,520.00 $3,288.97 $3,288.97 46 12" RCP STORM SEWER, CLASS 5 LF 94 $46.00 $4,324.00 $66.48 $6,249.12 $45.90 $4,314.60 $48.05 $4,516.70 47 15" RCP STORM SEWER, CLASS 5 LF 370 $48.00 $17,760.00 $70.58 $26,114.60 $49.00 $18,130.00 $51.26 $18,966.20 48 18" RCP STORM SEWER, CLASS 5 LF 112 $56.00 $6,272.00 $74.67 $8,363.04 $53.00 $5,936.00 $55.53 $6,219.36 49 15" RCP FLARED END SECTION INCL TRASH GUARD EA 2 $1,100.00 $2,200.00 $1,278.55 $2,557.10 $1,260.00 $2,520.00 $1,322.00 $2,644.00 50 18" RCP FLARED END SECTION INCL TRASH GUARD EA 3 $1,250.00 $3,750.00 $1,467.77 $4,403.31 $1,720.00 $5,160.00 $1,798.25 $5,394.75 51 CLASS 3 RIP RAP WITH FABRIC CY 17 $116.00 $1,972.00 $127.85 $2,173.45 $117.00 $1,989.00 $122.80 $2,087.60 52 DITCH GRADING LF 340 $9.00 $3,060.00 $18.27 $6,211.80 $3.15 $1,071.00 $26.70 $9,078.00 53 IMPORT AND PLACE TOPSOIL BORROW (LV)CY 2,260 $21.50 $48,590.00 $10.00 $22,600.00 $28.60 $64,636.00 $31.20 $70,512.00 54 SEEDING, FERTILIZER, AND EROSION CONTROL BLANKET SY 1,500 $1.80 $2,700.00 $2.30 $3,450.00 $2.30 $3,450.00 $1.87 $2,805.00 55 SODDING SY 12,100 $5.80 $70,180.00 $4.50 $54,450.00 $4.50 $54,450.00 $5.98 $72,358.00 56 SALVAGE AND REINSTALL SIGN EA 13 $50.00 $650.00 $230.14 $2,991.82 $179.00 $2,327.00 $186.87 $2,429.31 TOTAL BASE BID $1,020,729.50 $1,072,816.63 $1,082,572.45 $1,090,085.05 ALTERNATE NO. 1 1 BITUMINOUS MIXTURE SPNWB230C IN LIEU OF SPNWB230B (ADD / DEDUCT TO BASE BID ITEM 19)TN 3,630 $6.00 $21,780.00 $9.50 $34,485.00 $7.00 $25,410.00 $6.23 $22,614.90 2 BITUMINOUS MIXTURE SPWEA230C IN LIEU OF SPWEA230B (ADD / DEDUCT TO BASE BID ITEM 20)TN 2,722 $5.60 $15,243.20 $6.85 $18,645.70 $6.05 $16,468.10 $6.06 $16,495.32 3 DELETE BID ITEM 25 - SAW & SEAL STREET (40' INTERVALS)LF -6,300 $2.32 -$14,616.00 $2.30 -$14,490.00 $2.30 -$14,490.00 $2.40 -$15,120.00 TOTAL ALTERNATE NO. 1 $22,407.20 $38,640.70 $27,388.10 $23,990.22 PROJECT SCHEDULE CITY OF LAKE ELMO 2018 STREET IMPROVEMENTS PROJECT NO. 2017.156 FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 MARCH 2018 AUGUST 15, 2017 Council authorizes Feasibility Report. NOVEMBER 7, 2017 Presentation of Feasibility Report. Council accepts Report and calls Hearing. DECEMBER 5, 2017 Public Improvement Hearing. Council Orders the Improvement and orders the preparation of Plans and Specifications (Requires 4/5 th vote). APRIL 3, 2018 Council approves Plans and Specifications and orders Advertisement for Bids. MAY 3, 2018 Receive Contractor Bids. MAY 15, 2018 Council accepts Bids and awards Contract. JUNE 5, 2018 Conduct Pre-Construction Meeting and issue Notice to Proceed.  SEPTEMEBER 21, 2018 Substantial Completion.  OCTOBER 26, 2018 Final Completion. STAFF REPORT DATE: May 15, 2018 REGULAR ITEM #: 19 AGENDA ITEM: Updated Purchasing Policy SUBMITTED BY: Brian A. Swanson – Finance Consultant REVIEWED BY: Kristina Handt - City Administrator BACKGROUND: Per the 2018 Finance Committee Work Plan that the Finance Committee approved in 2017, and the City Council in January 2018, a Purchasing Policy Review occurred at the February Finance Committee Meeting. Staff reviewed several other Purchasing Policies of cities, operating under the City Administrator and City Manager forms of governance when drafting the updated policy. The updated policy also underwent substantial revisions compared the last approved policy from August 2014, making a redlined copy not very useful. From the Finance Committee meeting, direction was provided to staff to make a few other clarifications, and the policy was brought back in April for review and subsequently approved with no further changes. Since approval by the Finance Committee, the Minnesota State Legislature increased the competitive bidding threshold from $100,000 to $175,000 effective August 1, 2018. Therefore, rather than amend the policy in a few months, staff updated the policy to reflect this change to be effective August 1, 2018. ITEMS OR QUESTIONS BEFORE THE CITY COUNCIL: 1) Does the City Council have any questions or changes regarding the proposed, attached updated Purchasing Policy? 2) Would the City Council like to adopt the Purchasing Policy based on the recommendation of the Finance Committee with the adjustment to the competitive bidding threshold which occurred after approval by the Finance Committee? DISCUSSION: Some key areas of the update Purchasing Policy compared to the Policy adopted in 2014 are outlined below: 1) General Purchasing Procedures – Added this section to address items such as process, procedures, accounting principles, contracts, and petty cash procedures. 2) Construction, Contract Services, and Purchase (Goods) Contracts - This section pertains to the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Some key items in this section are as follows: a. Authorization Thresholds and Requirements – This area discusses processes and procedures in conducting City business based on dollar amount, approval and supporting documentation required. It also discussed when sealed bids are required, the process for accepting bids and the retention period of the bids. This section also outlines the change from $100,000 to $175,000 effective August 1, 2018. b. Performance and Payment Bonds – Outlines for contracts over $100,000, and $175,000 effective August 1, 2018, that this is required and can be increased if scope of project increases. c. Best Value Procurement Alternative – Discusses MN State Statute and that the City may choose to use this option. Essentially, it allows the City to look at the overall life cycle of a bid project or item to determine the best value over a period of time. For example, this can, and has been used in communities for automated water meter and meter reading system replacements. d. Cooperative Purchasing Procedures – Expanded this section with more detail and more entities with whom the City has cooperative agreements in place. e. Change Orders – Outlines change orders and approval levels required based on a project. This area was discussed significantly by the Finance Committee regarding thresholds from both a dollar and percentage perspective. Ultimately, the Finance Committee requested staff to put in a percentage of the project in addition to a dollar amount. As such, here is language from the policy: Change orders may occur due to City driven changes, errors and omissions, field directives, unforeseen/hidden conditions, regulatory requirements or changes that are contractor driven. Changes that need to be made during construction need to be addressed and approved in a timely manner in order to keep the project on schedule. 1) For a change order less than $100,000, or less than 10% of total estimated project cost, which does not result in exceeding the overall project budget, the City Administrator may approve these. 2) At the discretion of the City Administrator, for a change order less than $100,000, or less than 10% of the total estimated project cost, but still within the scope of the overall project budget, it may be presented to the City Council for consideration and approval. 3) For any change order that results in exceeding the overall project budget, and/or exceeds $100,000 must be approved by the City Council. While there are many factors such as project budget, scope of the change order, and whether work will halt before approval, staff put in a change order threshold of less than $100,000 or less than 10% of the estimated project cost, which does not exceed the overall project budget could be approved by the City Administrator. Based upon this, staff is comfortable with the dollar amount threshold, but would recommend removal of the percentage, as depending on the size of the contract, this could result in additional council and administrative process without adding value to the process. f. Other Bidding Requirements – Discusses that bids may not be split, or to only allow for one vendor in the RFP process, and when the city must rebid. g. Public Safety Equipment – Discusses that due to the nature of specialized fire equipment, and the very few vendors available, competitive bidding or proposals are not required. h. Withholding Certificates – This area outlines that a contractor must demonstrate compliance with withholding tax laws by producing Form IC134 approved by the MN Department of Revenue. i. Federal Purchases – This section is required under the uniform grant guidance for making purchases related to a federal program. j. Public Purpose Expenditures – Outlines public purpose expenditures, eligibility to be considered and authorizing individual. 3) Professional Service and Consultant Contracts – Provides more detail on when bid or sealed bids are not required, but rather a Request for Proposal is to be used. 4) Disposition or Donation of Surplus Assets – Covers the process, thresholds, sale processes, trade-ins, when donations are allowed, and restrictions. FISCAL IMPACT: By regularly analyzing, discussing and updating policies and procedures as needed helps to ensure sound financial management. Further, review of governing and oversight bodies helps to ensure the policies and procedures are in congruence with the goals of those entities. RECOMMENDATION(S): 1) Motion to recommend approval of the attached revised Purchasing Policy, dated May 15, 2018, with striking the percentage in the Change Orders section. Or 2) Motion to recommend approval of the attached revised Purchasing Policy, dated May 15, 2018, as drafted. ATTACHMENTS: 1) City of Lake Elmo Purchasing Policy – Adopted – 8-19-14 2) City of Lake Elmo Purchasing Policy – Revised – 5-15-18 Purchasing Policy (Approved by City Council on 8/19/2014) This policy applies to all purchasing activities of the City, and applies to all City Departments, employees, and authorized users and encompasses all purchases using City funds. Failure to comply with these policies and procedures could result in discipline up to and including termination. Prior to making a purchase of new products, determine if used, recycled, repaired, refurbished or remanufactured products would be a more cost effective way to fulfill the need. Consideration of made in the USA, economic, environmental, and social factors should also be considered. If an item or service is to be purchased new, determine whether the item or service is currently available through the cooperative purchasing process outline below: The City and its purchasing agents are not only encouraged but mandated in some instances to consider purchasing through the state CPV (Cooperative Purchasing Venture). For all purchases estimated to exceed $25,000 the purchasing agent must consider the price and quality available through the CPV (http://www.mmd.admin.state.mn.us/) before buying through another source, and these findings must be documented on the purchase requisition. When a CPV vendor is not available, the city may choose to enter into a Price Agreement Contract. Department Heads are the only staff authorized to enter into a Price Agreement Contract. A price agreement contract between the city and a merchant may be used to acquire items frequently purchased in small quantities. Under the agreement the merchant agrees to supply a specified commodity at a set price. For purchases/contracts estimated to cost over $50,000 the uniform municipal contracting law (competitive bidding law) guidelines (http://www.mmd.admin.state.mn.us/) must be followed (exceptions noted below). This applies to: contracts for the sale, purchase, or rental of supplies, materials, or equipment; and contracts for the construction, alteration, repair, or maintenance of real or personal property. The City Administrator will work with appropriate department staff to prepare necessary specifications, seek competitive bids, and formulate a recommendation to present for review and approval by the Council. If recommendations/bids are approved by the Council, then the City Administrator will sign the purchase requisition and have the authority to move ahead with the purchase/contract. The competitive bidding process is not required: 1) When contracting for professional services such as those of doctors, engineers, lawyers, architects, accountants, or other services requiring technical, scientific, or professional training. 2) For insurance contracts; however, the city must seek RFPs for group insurance for 25 or more employees. 3) When electronic reverse auctions are used where vendors bid against each other to offer the lowest selling price (note: the city is prohibited from using a reverse auction procedure to contract for professional or technical services). 4) When purchasing from the national government, the state, or any political subdivision of the state. 5) For the purchase, lease, or sale of real estate A purchase requisition form (Attachment A) must be completed for all purchases $1,000 and over. All purchase requisitions must include documentation that the item is authorized in the budget and/or that sufficient funds are available. Price quotes information must be noted on the purchase requisition form and must be obtained for all purchases except for those purchases where a state CPV vendor is used (and the contract is not estimated to cost more than $50,000) or a price agreement is already in place, per the following guidelines: Purchases at or below $2,500.00: Minimum of 1 price quote is required Purchases between $2,500.01 and $25,000.00 Minimum of 2 price quotes are required Purchases between $25,000.01 and $50,000.00 Competitive Bidding Process or direct negotiation Purchases $50,000.01 and over Competitive Bidding Process must be used The purchase requisition should be signed by the person who is requesting the purchase and who obtained the quotes, verified the funds, etc. If this person is not a Department Head, the purchase requisition will also need the Department Head signature of approval. When complete, the purchase requisition is submitted to the Finance Director for approval and verification that sufficient funds are available. After approval by the Finance Director the purchase requisition is signed and approved by the City Administrator. City Council may authorize the use of credit cards by any city officer or employee otherwise authorized to make a purchase on behalf of the City. Conflict of Interests Employees – no employee will participate directly or indirectly in any contract or procurement of goods/services that the City makes when the employee or any member of the employee’s immediate family has a financial interest related to the contract or procurement, including involvement with a business or organization related to the procurement. If a conflict of interest is deemed to exist, the employee shall not participate in the transaction. Immediate family shall be defined as a spouse, domestic partner, parent, child, sibling, father-in-law or mother-in-law, son in-law or daughter in-law, sister in-law or brother in- law, step child, step sibling, and half sibling. City Officials - no city official, elected or appointed, will participate directly or indirectly in any contract or procurement of goods/services that the City makes when the City officials or any member of the city official’s immediate family has a financial interest to the contract or procurement, including involvement with a business or organization related to the procurement. This prohibition applies whether the official actually votes on a contract or not. There are limited exceptions to this prohibition, and the City Council should seek advice from the City Attorney before entering into any contract in which a council member or any other city official will have a financial interest. Conflicts of interest can also arise when a city official has a personal interest in a matter which is particularized and so distinct from the public interest that the official cannot be impartial or fairly represent the public interest. A city official who violates the conflict of interest law is guilty of a gross misdemeanor and can be fined up to $3,000 and imprisoned up to one year. In addition, the other members of the council who knowingly authorized the unlawful contract may also be subject to criminal penalties. Furthermore, contracts that violate these statures are generally void. Immediate family shall be defined as a spouse, domestic partner, parent, child, sibling, father-in-law or mother-in-law, son in-law or daughter in-law, sister in-law or brother in- law, step child, step sibling, and half sibling. Emergencies Under Minnesota’s Emergency Management Act, the city is given authority to enter into contracts without following normally required procedures. The governing body may waive compliance with the time-consuming procedures that concern: the performance of public work, contracting, incurring obligations, employing temporary workers, renting equipment, purchasing supplies and materials, limitations on tax levies and the appropriation and expenditure of public funds (uniform municipal contracting law). Purchasing Policy May 15, 2018 2 Table of Contents City of Lake Elmo Purchasing Procedures ................................................................................................... 3 General Purchasing Procedures .................................................................................................................. 3 Construction, Contract Services, and Purchase (Goods) Contracts ................................................... 6 Authorization Thresholds and Requirements ....................................................................................... 6 Over $100,000 ($175,000 effective August 1, 2018) with labor - Performance Bond .......... 7 Awarding Contracts ......................................................................................................................................... 7 Best Value Procurement Alternative ......................................................................................................... 7 Cooperative Purchasing Procedures ......................................................................................................... 7 Change Orders .................................................................................................................................................... 9 Other Bidding Requirements ........................................................................................................................ 9 Purchase or Lease of Used Public Safety Equipment .......................................................................... 9 Leases and Lease Purchases ......................................................................................................................... 9 Real Estate ........................................................................................................................................................ 10 Online Purchases ............................................................................................................................................ 10 Withholding Certificates ............................................................................................................................. 10 Ethics and Acceptance of Gifts .................................................................................................................. 10 Public Purpose Expenditures .................................................................................................................... 11 Professional Service & Consultant Contracts .......................................................................................... 12 Disposition or Donation of Surplus Assets ............................................................................................... 13 Government to Government Sales ........................................................................................................... 13 Trade-ins ........................................................................................................................................................... 14 Electronic Sales ............................................................................................................................................... 14 Restrictions....................................................................................................................................................... 14 3 City of Lake Elmo Purchasing Procedures Effective May 15, 2018 These purchasing procedures are intended to provide a consistent manner of purchasing goods and services Citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the City. General Purchasing Procedures • The City of Lake Elmo has a “decentralized” purchasing program; purchasing is the responsibility of each Department Director or designated individual. • The Finance Department processes payments twice per month, which is the week preceding the City Council meeting and invoices are paid by due date. Fully completed Payment Voucher forms must be submitted by 4:30 pm on the Tuesday before the City Council packet is due. This will ensure inclusion in the packet for which the City Council will consider at the subsequent meeting. • Payments will be made only from invoices, or expense reimbursement forms, which should be attached to completed Payment Voucher forms. • Persons authorizing payments are responsible for verifying that goods are received, services provided, that they are necessary, and that no duplicate payments occurred. Signature(s) are required by authorized individual(s) in order to be processed for payment. • Persons authorizing payments are responsible for coding invoices and ensuring that correct account codes are used. If there are questions regarding coding, contact the Finance Department for assistance. • Contracts to which the City is a party, shall be brought to the City Council for consideration and if approved, will be signed by the Mayor and the City Clerk on behalf of the City to be executed. • Generally, accepted accounting principles will be followed. For the end of each year, invoices that are received early the next year which are for goods or services received the previous year will usually be charged against the previous year. The year to which an invoice will be charged is based on the financial statement/audit cut-off date and the materiality of the item. If you have any questions about this, please contact a member of the Finance Department. • Employees will not make any purchases for personal use through the City. • Minnesota State Statutes §471.87 and §471.88 prohibit the purchase of goods and services wherever a conflict of interest may exist. The City of Lake Elmo requires employees to disclose to their immediate supervisor any personal financial interest in the selling or buying of goods or 4 services for the City. No purchase orders, contracts or service agreements shall be given to an employee of the City or to a partnership or corporation of which an employee is a major stockholder or principal. No employee shall enter into the relationship with a vendor where the employee's actions are, or could reasonably be viewed as, not in the best interests of the City. If any employee becomes involved in a possible conflict situation, the employee shall disclose the nature of the possible conflict to his or her supervisor and to the City Administrator. The City Administrator shall promptly notify the individual in writing of an approval or disapproval of the activity. If disapproved, the employee shall remove himself or herself from the conflict situation. • Minnesota Statute §12.37 gives the City the ability to declare an emergency situation for a limited period of time. During such an emergency, the City is not required to use the typically mandated procedures for purchasing and contracts. Emergency purchases require approval by the City Administrator, Finance Director, and when necessary because of the dollar amount, formal City Council action. An emergency purchase is defined as one where an immediate response is required to protect the health, welfare or safety of the public or public property. • The City has a credit card program available for employees who frequently purchase items for the City. A separate Credit Card Policy is available. • Travel purchases should be made following the City’s travel guidelines in the Personnel Policy. • Provisions of this Policy do not apply to previously City Council approved routine expenditures/expenses such as utilities, payroll and related expenditures, insurance premiums, MCES charges for sewer, bond payments, etc. Petty Cash Procedures Below are some key process for petty cash advances or reimbursements. The entire Petty Cash Procedures document is available by contacting the Finance Department Receipting of Transactions: 1. On the log sheet, fill out date, vendor, description, amount and department 2. Fill out the receipt in the yellow receipt book, attach receipt, and attach appropriate documentation. 3. At month end, reconcile the cash and receipts. • The staff person reconciling petty cash signs off on the log sheet verifying they have reconciled the petty cash box, which should include documentation for all cash payments received. • After reconciliation, have another staff person review for internal controls. This should be the Accountant, Finance Director, Deputy City Clerk or Permit Technician. 5 • If the petty cash balance has more than the $500 base amount, a deposit should be prepared to reduce the balance back to $500. • If the petty cash balance has less than the $500 base amount, a check request with appropriate documentation for the amount needed to replenish the fund should be sent to Finance. This process will be revised upon completion of the software implementation for the City. Cash Advance or Reimbursement: 1. Cash Advance - If requesting a cash advance for an eligible City expenditure/expense, have the staff person fill out a “Petty Cash Advance or Reimbursement Form” outlining the advance and verified by the appropriate staff person. After the purchase is made, provide the appropriate documentation; amend the form for the actual amount and add the transaction to the log sheet. 2. Cash Reimbursement – If requesting a cash reimbursement from an eligible City expenditure/expense, have the requesting individual fill out a “Petty Cash Advance or Reimbursement Form”. Attach appropriate documentation, and the authorized individual will reimburse the individual, upon which both people should sign the form acknowledging receipt and payment. 6 Construction, Contract Services, and Purchase (Goods) Contracts Supplies, Materials, Equipment or Equipment Rental, and Construction, Alteration, or Repair & Maintenance of Property This section pertains to the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. For professional services including but not limited to audit services, legal services, and engineering services, see the Professional Services section of this document. Authorization Thresholds and Requirements: Less than $500.00 – Authorized Individuals Purchases may be obtained through open market or direct negotiations. The City Administrator may grant purchasing authority to individuals authorized to conduct City business through an Authorization Form kept on file in Finance. This form outlines spending thresholds, and any exceptions to that threshold. $500.00 to $2,500.00 – Authorized Individuals Purchases may be obtained through open market or direct negotiation, with two quotations obtained whenever possible. Quotations must be retained for at least one year. The City Administrator may grant purchasing authority to individuals authorized to conduct City business through an Authorization Form kept on file in Finance. $2,500.01 to $10,000.00 – City Administrator Purchases may be obtained through open market or direct negotiation, with two quotations obtained whenever possible. Quotations must be retained for at least one year. The City Administrator may grant purchasing authority to individuals authorized to conduct City business through an Authorization Form kept on file in Finance. $10,000.01 to $100,000 ($175,000 effective August 1, 2018) – City Council or City Administrator as Delegated Purchases may be obtained through sealed bids, or cooperative purchasing contracts, or direct negotiation, with two quotations obtained whenever possible. Quotations must be retained for at least one year. Cooperative Purchasing Contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids or quotes. The City Council would approve purchases in this range, unless delegated to the City Administrator for routine budgeted items. Due to the cost of preparing sealed bids, and the additional length of time required in this process, the use of sealed bids for this threshold should only be used when deemed necessary. Greater than $100,000 ($175,000 effective August 1, 2018), or Greater than $50,000 if Being Specially Assessed Sealed bids solicited by public notice are required under M.S. 471.345, Subd. 3. Contracts must be awarded to either the lowest responsible bidder, or the “Best Value Procurement Alternative”. Obtain authorization from the City Council to prepare plans and specifications. The City Attorney should review the plans and 7 specifications including the contract prior to advertisement for bids. Cooperative Purchasing Contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids. Advertisement for sealed bids must be published in the City’s Official Newspaper and advertised on QuestCDN at least ten days before the last date for submission of bids. The published notice must contain the following: • A description of the project or the purchase • The availability of specifications including the location, for example, Office of the City Clerk, etc. • The last day for submission of bids and the place where they are due • The time and place for opening bids • A statement reserving the right of the City to reject all bids The bids must be opened and tabulated at the time and place specified in the advertisement for bids. Preferably, this should be completed approximately 10 working days in advance of the City Council meeting to allow for a thorough review and tabulation of the bids, and to allow for reference checks as appropriate. A recommendation can then be made to the City Council and the City Council will award or deny the contract. Bids rejected by council must be kept on file for 6 years and the accepted bid must be retained for 10 years after completion of the project. Over $100,000 ($175,000 effective August 1, 2018) with labor - Performance and Payment Bond For contracts over $100,000 ($175,000 effective August 1, 2018) that include labor (ex. road construction and the purchase and installation of playground equipment) a performance and payment bond in an amount not less than the contract price is required from the vendor. If change orders substantially increase the amount of the contract, the City Council has the option to increase the amount of the contractor’s bond. Awarding Contracts For contracts procured through sealed bids or multiple quotes, the City must award the contract to the lowest responsible bidder, or Best Value Procurement Alternative, as set forth in the next section outlines. The bidder who submits the lowest bid or quote in dollars is not necessarily the “lowest responsible bidder.” Best Value Procurement Alternative Minnesota Statute 412.311 allows the City to use a Best Value Procurement Alternative instead of awarding the bid to the lowest responsible bidder. Please contact the City Administrator or Finance Director if you wish to consider using the Best Value Procurement Alternative. Cooperative Purchasing Procedures Cooperative purchasing contracts provide an opportunity for the City to purchase goods and services at reduced costs. Employees do not need to obtain quotes or bids if a purchase is made through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the City is a member) that purchases items from more than one source based on competitive bids or quotations that complies with State Statute. 8 The following is a list of some of the larger purchasing cooperatives of which the City is a member: 1. Cooperative Purchasing Ventures (CPV) Minnesota Statute 471.345, Subd. 15 requires cities to consider the Cooperative Purchasing Venture (CPV) for contracts estimated to exceed $25,000. The City of Lake Elmo participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. Information for this cooperative can be found on the State of Minnesota’s Materials Management Division website: http://www.mmd.admin.state.mn.us/cpv2.htm The website can direct employees to the releases and listings of the products/services that can be purchased on the state contract. If it is determined that a product/services is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, note the purchase is per state contract and indicate the contract number. Vendors will often contend that the City can purchase from them without bidding because they are on the “state contract” or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor’s products/services have been selected to be on the state contract. If a vendor is not on the state contract, but will match the state contract price, this action does not exempt the City from following the competitive bidding laws. 2. U.S. Communities Government Purchasing Alliance The City participates in the U.S. Communities Government Purchasing Alliance http://www.uscommunities.org/. 4. Minnesota State Fire Chiefs Association – Fire Rescue Group Purchasing The Fire Rescue Group Purchasing is a fire services purchasing program open to all Cities. 5. National Intergovernmental Purchasing Alliance (National IPA) The City participates in the National IPA cooperative purchasing organization. http://www.nationalipa.org. 6. Joint Powers Member Any Joint Powers Purchasing Entity of which the City is a member provides for purchases is also exempt from the quote or bid process. In all items outlined pertaining to cooperatives, please contact the City Administrator or Finance Director if you have any questions. 9 Change Orders Change orders may occur due to City driven changes, errors and omissions, field directives, unforeseen/hidden conditions, regulatory requirements or changes that are contractor driven. Changes that need to be made during construction need to be addressed and approved in a timely manner in order to keep the project on schedule. 1) For a change order less than $100,000, or less than 10% of total estimated project cost, which does not result in exceeding the overall project budget, the City Administrator may approve these. 2) At the discretion of the City Administrator, for a change order less than $100,000, or less than 10% of the total estimated project cost, but still within the scope of the overall project budget, it may be presented to the City Council for consideration and approval. 3) For any change order that results in exceeding the overall project budget, and/or exceeds $100,000 must be approved by the City Council. Other Bidding Requirements • A City cannot avoid bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. • Specifications may not be written so as to exclude all but one type or kind of supplies or equipment. • The City may not accept a bid that includes a number of items when the advertisement called for separate bids for each item. • The City must re-bid when they make a material change in the specifications of the contract. • Minnesota Statutes Chapter 429 (local improvement code) applies to all public improvement contracts (i.e., sewer, water and streets) being financed with special assessments. Purchase or Lease of Used Public Safety Equipment In 2011, cities were granted authority to lease or purchase used public safety equipment (“vehicles and specialized equipment used by a fire department … in firefighting, ambulance and emergency medical treatment services, rescue, and hazardous materials response”) without bidding in certain specified circumstances. Competitive bidding or proposals are not required, “if the equipment is clearly and legitimately limited to a single source of supply, and the contract price may be best established by direct negotiation.” Leases and Lease Purchases All lease agreements need approval through the City Administrator and Finance Director prior to initiating the lease. The Finance Department and applicable Department will obtain at least two quotes to insure the best financing rates. Lease Performance Bonds are sometimes prudent for Lease Purchases, and as such, the City Administrator and Finance Director will assist in determining if a Lease Performance Bond should be required. 10 Real Estate The purchase or sale of real property is generally not subject to competitive bidding. Online Purchases Employees may only purchase from vendors that use secure services for e-commerce. The City is required to submit sales tax for out-of-state purchases. Withholding Certificates Before the City makes a final payment to a contractor under a contract requiring employment for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors must show compliance by submitting a withholding affidavit to the MN Department of Revenue. This can be done electronically or by mailing a completed Form IC134, “Withholding Affidavit for Contractors.” If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. The City must receive this certification of compliance before a final payment can be issued. Covered contracts are only those under which a contractor undertakes to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. The Department of Revenue requires the Form IC134 only be submitted in connection with contractors on construction projects. Others are not required to submit the form so this paragraph only needs to be used on construction contracts. Federal Purchases Under uniform grant guidance (2 CFR 200.317–326) there are additional procurement requirements that need to be considered when making purchases related to a federal program. Five procurement methods are identified including: micro-purchase (<$3,500), small purchase procedures (<$150,000), sealed bid (>$150,000), competitive proposal (>$150,000), and noncompetitive proposal (>$3,500). The general purchasing policy addresses many of these requirements and the City will also consider the full requirements in relation to each method as described in 2 CFR. The micro-purchase threshold which is set by Federal Acquisition Regulation at 48 CFR Subpart 2.1 is subject to change with inflation. The City will follow changes to thresholds as modifications occur. When practicable, micro-purchasing will be distributed among qualified suppliers. Ethics and Acceptance of Gifts Employees and Council Members authorized to make a sale, lease, or contract in an official capacity must not have a personal financial interest in that sale, lease, or contract, or personally benefit financially from it. (See Minn. Stat. § 471.87) For non-business related purchases, employees may only take advantage of special pricing offered to employees of the City if the same pricing is offered to government employees state or countrywide. However, special pricing offered to the City by vendors may not be accepted by employees in a position to make purchasing decisions or recommendations within that same category of goods or services. 11 Public Purpose Expenditures City employees are obligated to conserve and protect City resources for the benefit of public interest. As good stewards of public funds, City employees must only use City funds for public purpose expenditures. The expenditure of City Funds on meals and refreshments for City Employees, Officials, and Volunteers is only authorized by the City Council for certain purposes. These purposes should be conducive to the accomplishment of employees’ duties and responsibilities while conducting City business and therefore provide a public benefit and have a public purpose. As detailed below, the purchase of meals and refreshments, using City Funds is authorized in the following circumstances: • Those provided immediately before or in conjunction with meetings of the Council, committees or subgroups. • City business meetings at which those in attendance involve non-City employees. • When a breakfast, lunch or dinner meeting is conducted for official City business when it is the only practical time to meet and when it involves non-City employee participants. • In connection with a conference, workshop, seminar or meeting which the employee has been authorized to attend. • Department-sponsored meetings, conferences or workshops where invited participants include non- City employees. • An organization-wide or department-wide annual, quarterly or monthly staff meeting. • At regularly scheduled meetings of the City Administrator and key staff. • Meals for staff involved in election related duties when the performance of their duties prohibits staff from leaving the building. • At the discretion of the City Administrator. If you are unsure whether an item is a public purpose expenditure, please contact the City Administrator or Finance Director. 12 Professional Service & Consultant Contracts Accountants, Architects, Engineers, Lawyers, Training, Technical/Scientific Services State Statue does not require advertisement of bids or sealed bids for professional services such as those of engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training. It is recommended that proposals be obtained through a request for proposal (RFP) process when such a process would provide the City with increased quality, a decreased price, or anticipated to exceed $100,000. Request for Proposal (RFP) The City follows an RFP process when soliciting professional consulting services. Recommended sections to include in a RFP: • Background and scope of project. • Description of the scope of professional services to be provided. • Schedule for the delivery of services. • Contract terms. Include and reference as an attachment the “Standard Professional Services Agreement”, except when using the City’s consulting pool. • The last day for submission of proposals and the place where they are due. • If necessary, include requirement for attendance at a pre-proposal meeting to answer vendor questions regarding the RFP. This provides fairness to all participants when questions are answered with all participants present. Request that questions be submitted in advance. • Proposal evaluation and selection criteria. • Format required for submitted proposals to provide for consistent submittals. • Profile questionnaire to obtain general information about the vendor. • A statement reserving the right of the City to reject all proposals. At the discretion of the City Administrator, the RFP may be sent to the City attorney for review before it is sent to selected vendors. RFP’s should be sent to a reasonable/manageable number of vendors. After the submittal deadline, review Proposals by using a rating sheet and rate each Proposal based on the specifications and general information. Follow up with reference checks as appropriate. Select a vendor and make recommendation to the City Council. Standard Professional Services Agreement The City’s “Standard Professional Services Agreement” (contract) should be used for professional service contracts, except when using the City’s consulting pool. The Standard Professional Services Agreement outlines consultant obligations including insurance and liability coverage requirements, audit disclosure, subcontractors, and termination processes. This contract should be used for professional service agreements, except when using the City’s consulting pool. 13 Disposition or Donation of Surplus Assets The City Administrator may recommend to the Council that certain property owned by the City is no longer needed for a municipal purpose and should be sold. There are three aspects to any disposal of a City asset: 1. Disposal Approval The City Council must approve the disposal of all property that exceeds an estimated value of greater than $100.00. 2. Terms of Sale Approval The sale itself must be approved by the City Council. 3. Proper Municipal Sale Contract Just as with purchasing, making a sale is considered entering into a contract. After the Council has declared the property as surplus, and approved its disposal, the City Administrator, or designee, is authorized to dispose of the property using one of the following methods: Assets under $25,000 If the value of the surplus property is estimated to be $25,000 or less, the City Administrator, or designee, may sell it either in the open market, or by obtaining two quotations, so far as practical. If the surplus property is sold based upon quotation(s), it/they shall be kept on file for a period of at least one year after receipt. Assets between $25,000 - $100,000 ($175,000 effective August 1, 2018) If the value of the surplus property is estimated to exceed $25,000 but not to exceed $100,000 ($175,000 effective August 1, 2018), the City Administrator, or designee, may sell the property upon sealed bids or by direct negotiation, by obtaining two or more quotations for the sale, when possible. All quotations obtained shall be kept on file for a period of at least one year after their receipt. Assets over $100,000 ($175,000 effective August 1, 2018) If the value of the surplus property is estimated to exceed $100,000 ($175,000 effective August 1, 2018), the City Administrator, or designee, shall solicit sealed bids by public notice in the manner and subject to the requirements of the law governing contracts by the City. Government to Government Sales The City may transfer real and personal property to another governmental entity for nominal or no consideration and without following the process set out under “Proper Municipal Sale Contract” (item #3) above. Sealed bids or quotes are not required. Council approval of the disposal (item #1 above) and of the terms of the disposal (item #2 above) is always required. The council may approve both the disposal and disposal terms in one action. 14 Trade-ins The City Council must approve the disposal of equipment via trade-in to utilize toward the purchase of new equipment, just as it approves a regular disposal. This approval can be done as part of the approval of the purchase of new equipment. Electronic Sales Minn. Stat. 471.345, subd. 17 states that “a city may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, using an electronic selling process in which purchasers compete to purchase the items at the highest purchase price in an open and interactive environment.” Donations The City Council approved a Policy for Donation of Surplus Equipment to a Nonprofit Organization on February 7, 2018, and as such, said policy will govern the rules for donations. Restrictions No employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity may be a purchaser of property sold under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one (1) week's published or posted notice of sale is given. STAFF REPORT DATE: 5/15/2018 REGULAR ITEM #: 20 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Shoreland Variance Request to Allow Construction Of A Non- Conforming Structure/s Which Does Not Meet Minimum Structure Setbacks from Ordinary High Water Level, Required Sideyard and Front Yard Setbacks, and Maximum Impervious Surface Standards - 9369 Jane Road North REVIEWED BY: Emily Becker, Planning Director BACKGROUND: The City has received a variance application from David and Heide Offord of 9369 Jane Road North to allow construction of a non-conforming structure/s which does not meet the required minimum structure setback from the Ordinary High Water Level (OHWL), required sideyard and front yard setbacks, and maximum impervious surface standards of the City’s shoreland district. The property had received a previous variance to build the home that currently sits on the property. The variance was approved in 2001, contingencies with the approval were: the home could not exceed the footprint of the old home which was 1,350 sq.ft. and maintain a 30ft set back from Jane Rd (more details on page 5, previous variance request). ISSUE BEFORE THE COMMISSION: The City Council is being asked consider the above-mentioned variance requests and approve or deny the requests. PROPOSAL DETAILS/ANALYSIS: Applicant: Adam Bender of ISPIRI LLC Property Owners: David and Heide Offord Location: 9369 Jane Road North, PID# 10.029.21.24.0007, Subdivisionname Berschen's Shores Lot 11 Subdivisioncd 37090, Washington County Request: Variance from Shoreland Standards – Expansion of a Non-Conforming Structure and Maximum Impervious Surface Existing Land Use: Single-Family Detached Residential Dwelling Surrounding Land Use: Surrounded by other single-family detached residential dwellings and abuts Lake Jane on the east side of the lake. Existing Zoning: Rural Single Family/Shoreland Overlay District Comprehensive Plan: Rural Single Family History: Variance application for home construction was approved in May 14, 2001. The Variance allowed for a maximum house footprint of 1,350 square feet to be constructed over a prior foundation. As well as a 30-foot setback from Jane City Council 5/15/2018 Page 2 Road; with a corresponding approximate 6-foot increase on the setback from the Ordinacry High Water level of Lake Jane. Deadline for Action: Application Complete – 4/19/2018 60 Day Deadline – 6/18/2018 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article V – Zoning Administration and Enforcement Article XIX – Shoreland Management Overlay District Article XI – Rural Districts Request Details. The applicant is proposing to make an addition off the front of their home by adding a side loading garage and reconfiguring the driveway for better access onto Jane Rd. The current garage for the home is attached and faces directly towards the street, the size is 24’x36’. The justification for this is to provide safer access onto Jane Road by creating a turnaround for cars to enter “nose” first. The new attached garage is planned to be 24’x29’. Also included in the application is the addition of a deck. The deck is being requested for quick access to the lake if needed for safety purposes. The Applicant is seeking variances on the following items: Structure Setbacks: Garage addition - Rural Single Family is the underlying zoning which requires a front yard setback of 30ft be maintained as well as a sideyard setback of 10ft. Due to the configuration of the lots surrounding the lakes it has been difficult for home owners to achieve compliance of the required setback from the OWHL. The setback from the OWHL is 100 ft. for unswered properties and 75 ft. for sewered properties. This home is unique in that it is connected to a 201 sanitary system, and so is considered sewered per shoreland standards, and so the 75 ft. setback applies. The existing home does not conform to this standard (further proven to be non-conforming through past variance). Deck addition – A deck being built in a shoreland district which cannot meet the setback requirements can be done without a variance if 4 points of criteria are met. i. The structure existed on the date the structure setbacks were established. This standard is not met as setbacks were established in 2001 when the home was reconstructed. ii. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure. Standard is met. Placing the deck on either side of the home would further encroach into the side yard setback which would then further impact the neighboring property. There is also no other location in the rear that would make it more conforming. iii. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive. Standard not met. This would be applicable if the home were setback the appropriate distance of 75ft. However, the home is only setback 52.4 ft. iv. The deck is constructed primarily of wood, and is not roofed or screened. Unknown, but is being asked as a condition. Code Location Code Setbacks Proposed Setbacks Front yard setback (garage) 154.402 table 9-2 30 ft. also established in past variance 12.87 ft. not compliant Side yard setback (garage) 154.402 table 9-2 10 ft. 14.4 ft. compliant Side yard setback (deck) 154.402 table 9-2 10 ft. 7.3 ft. not compliant Rear yard setback (deck) 154.800 12 (d) 15% of structure setback from OWH or 30ft. 49.2 ft. not compliant Shoreland Impact Zone Noting may be within 37.5 ft of the OHW Compliant City Council 5/15/2018 Page 3 *See attached survey for visual The code also limits features from being placed in the shoreland impact zone. For this property, the shoreland impact zone is 37.5 ft. from the OWHL. The deck is proposed to be setback 49.2 ft., it is compliant from this standpoint. Impervious surface: The shoreland code also imposes different restrictions on impervious surface from regular zoning. Regardless of the underlying zoning district, impervious surface limits are 15% for unsewered and 30% for sewered properties in shoreland districts. As previously mentioned, because the home is connected to a city 201 sanitary system the property is classified as a sewered property, which allows a maximum of 30% impervious surface. The property is currently non-conforming when it comes to impervious surface calculations. The existing impervious surface calculations for the property is 36.7% and with the proposed improvements the percentage will increase to 39.8%. This is an increase of 3.1% and 9.8% over the allowed amount. Code Location Code Requirement Proposed Impervious - sewered 154.800 table 17-3 30% 39.8% *However, staff has spoken with the designer and has recommended removal of the rear patio pavers. If they were to be removed, the impervious surface calculation would ultimately be reduced to 34.1%. City Council 5/15/2018 Page 4 Lot Details. The property does not meet all setbacks for the Rural Single Family Zoning district and does not meet the minimum lot size requirement of 1.5 acres. Code Location Code Setbacks Proposed or Existing Setbacks Lot area 154.402 table 9-2 1.5 acres or .5 acres if sewered .311 acres – Existing non-conforming Front yard setback 154.402 table 9-2 30 ft. 36.9 ft. – Existing setback 12.87 ft. - Proposed setback Side yard setback 154.402 table 9-2 10 ft. 13.3 ft. (north) – Existing Side yard setback 154.402 table 9-2 10 ft. 12.8 ft. (south) – Existing Setback for deck (side) 154.402 table 9-2 10 ft. 7.31 ft. (south) – Proposed Setback for home 154.800 table 17-3 75 ft. 52.4 ft. – Existing non-conforming (not within impact zone) Setback for deck (rear) 154.800 12 (d) 15% (11.25 ft.) of structure setback from OWH or 30ft. 49.2 ft. – Proposed non- conforming Driveway slope 93.26 (G) 10% 10% proposed City Council 5/15/2018 Page 5 Nonconformities within a Shoreland. The City’s Shoreland Ordinance states that all additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of the Shoreland Ordinance. Any deviation from these requirements must be authorized by a variance. There is an additional provision that states that where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the OHWL, provided the proposed structure is not located in a shore impact zone or bluff impact zone. Previous Variance Requests. In May of 2001 the Lake Elmo Planning staff reviewed a variance request for 9369 Jane Rd to rebuild the home on the lot. The staff found that the variance should be approved on the conditions that the house be relocated to a point of 30 feet from the Jane Road right-of-way. This reduced the shoreland setback variance approved. The second condition recommended was the reduction of the footprint of the new house not to exceed the footprint of the existing house (which was 1,350 sqft.). The resolution stated that it was allowing a structure to be placed 44.2’-52.7’ away from the Ordinary High Water (OHW) level where 100’ is normally required. The variance also allowed a lot width of 103.34’ where 150 is required. More specifically to the dwelling the house footprint could not be greater than 1,350 square feet. A 30 foot set back from Jane Road needed to be maintained which added a 6 foot increase on the setback from the OHW of Lake Jane. Prior to 2001 there had not been planning, zoning, or building action except a porch addition in 1978 and then connection to the 201 system in 1985. Adjacent Property Variances. The City granted similar variances to adjacent properties. This should not be a basis for granting an additional variance for the subject property, but it does show that the granting of the variance may not change the character of the surrounding area. • 9359 Jane Rd – applied for a variance in 2001 to allow the expansions of their structure 22 feet from the ordinary high water level where 100 feet is required. That request was approved and later denied by the Board of Adjustment and Appeals. This property also has had variance requests to expand the deck on the home which have been denied (no hardship presented). o In 2017 the homeowner requested a variance for the addition 685 sqft. so that all bedrooms could be on the same level and to increase the impervious surface amount to 29.7%. The addition was a lateral extension which did not further increase the encroachment of 45.5 ft but was still non-conforming. • 9287 Jane Road North was granted a variance in the year 2000, to permit two additions to the primary structure consisting of a 16’ X 26’ garage addition to the north side; and a 14’ X 24’ addition to the south side; both additions less than the required 100 foot setback from the OHWL. • 9429 Jane Rd N was granted a variance in 2006 to construct a garage which needed to encroach into the front and side yard setbacks. The established front yard setback was 2 ft. and the side yard setback for the garage was 4.3 ft. The imposed conditions consisted of rain gutters along the south property line to redirect water away from the adjacent property and the eaves shall not be less than the side yard setback of the existing detached garage. Engineering Review. The City Engineer has reviewed the proposed variance for 9369 Jane Road and there were no comments or concerns related to grading. Sanitary 201 system: The 201 system which this property discharges sewage to was reviewed by Washington County on July 28, 2014 and it was deemed to be non-compliant. The City hired a consultant to review the system in the field and based on the field inspection and report it was found to be compliant. The system was not found to have excess capacity (per the report) and engineering does not recommend added demand on the system. City Council 5/15/2018 Page 6 Planning Response: The submitted plans indicate a bathroom and washer and dryer unit will be added to the main level of the home. Though these additions may seem like it would increase demand on the system, staff does not feel the addition of a bathroom will necessarily increase use nor would the amount of laundry expect to increase. Rather, addition of bedrooms would add demand to the system, and this is not being proposed at this time. DNR Review: No comments have been received. Historically they have not been in favor impervious surface amounts over the allowed percentage (30%). They have in the past recommended certain mitigation measures, such as raingardens, reducing the footprint of the building, etc. RECOMMENDED FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.109 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with recommended findings from Staff regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. FINDINGS: The subject property was platted prior (presumed before 1985) to current standards established for the current Ordinary High Water Level. Many homes, this one included, were platted without today’s OHWL in mind. Because of this, property owners have had difficulty complying to the establish setback requirements of today. It does not seem reasonable to think homes will comply with both the front (30ft) and OWHW (75-100ft) setbacks. Compliance with both seems to be unlikely given the configuration of the lots created prior to current standards. Pertaining to the garage there seems to be no other location for it to be reasonably placed to reduce intrusion into setbacks. The deck also seems to be reasonably placed as any other location will put it closer to the OHWL and only a small section of the deck (steps) encroaches into the side yard. Another item to note is the impervious surface calculations will be reduced with the proposed project. Because of this, staff feel this criteria is met. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: As mentioned above, the property is unique in that the plat was created in a way which did not provide adequate distance for compliance with today’s setbacks from the OHWL. Due to the nature of the lot there seems to be limited improvements which a homeowner can make to their property without variance approval. Because of this staff feel this criteria is met. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. City Council 5/15/2018 Page 7 FINDINGS: The proposed addition would encroach further in to the front yard setback than other homes within the area. However, it does not drastically change the character of the locality, as the addition of the garage does not in and of itself change the function of the home. Side loaded garages are not a unique feature to homes, nor are decks. This also would not be the first homes in the area to have limited front yard space. Because of this staff feel this criteria is met. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. FINDINGS. The proposed additions will not alter or impair supply of light or air to adjacent properties. The garage will not block an amount of wind or air from neighboring properties so that their use would be disrupted. The garage is also being proposed to increase traffic safety. Reconfiguration of the garage and driveway will allow motor vehicles to maneuver themselves in a way to pull out nose first onto the Jane road, which would increase safety. The addition is also not expected to diminish property values. Because of this staff feel this criteria is met. Results of Planning Commission and Public Hearing The Planning Commission held a public hearing on the night of May 7th, 2018. There were no written comments submitted and there were no verbal comments beyond staff and the applicant. There were minimal questions/comments from the commission. The variance passed with no amendments 7-0. Recommended Conditions of Approval. Staff and the Planning Commission are recommending approval of the variance request for 9369 Jane Rd based on the findings noted in 1, 2, 3, and 4 with the following conditions: 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) Grading, erosion control, and stormwater management plans shall be submitted in conjunction with a building permit for the property and shall be approved by the City engineer. 3) The proposed retaining wall, if over four feet in height, shall be constructed by plans prepared by a professional engineer. 4) The applicant shall secure any required permits from the Valley Branch Watershed District prior to commencing any grading or construction activity on the site. 5) The deck shall be constructed of wood and not roofed. 6) The rear patio pavers shall be removed to reduce impervious surface. FISCAL IMPACT: None. City Council 5/15/2018 Page 8 OPTIONS: The Council may: • Approve the variance requests, subject to conditions of approval as recommended by Staff and the Planning Commission. • Amend conditions of approval and approve the variance requests, subject to amended conditions of approval. • Direct Staff to prepare a Resolution for denial of the variance requests to bring to a future Council meeting. RECOMMENDATION: The suggestion motion for taking action on the Staff and Planning Commission recommendation is as follows: “Move to adopt Resolution 2018-052 approving the request for shoreland variances from the minimum structure setback from the Ordinary High Water Level, side yard setback, front yard setback, and maximum impervious surface standards, subject to conditions of approval as identified by Staff” ATTACHMENTS: • Applicants narrative and survey • Resolution 2018-052 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2018-052 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE EXPANSION OF A NON- CONFORMING STRUCTURE NOT MEETING THE MINIMUM SETBACKS FROM THE ORDINANCRY HIGH WATER LEVEL, FRONT AND SIDE YARD SETBACS, AND IMPERVIOUS SURFACE REQUIREEMTNS FOR THE CITY’S SHORLAND DISTRICT AT 9369 JANE RD N. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Adam Bender of ISPIRI LLC on behalf of David and Heide Offord, 9369 Jane Rd N, Lake Elmo MN 55042 (Applicant/Owner), has submitted an application to the City of Lake Elmo (the "City") for a variance to allow the expansion of a non-conforming structure not meeting the minimum structure setback from the Ordinary High Water Level (OHWL), front and side yard setbacks, and impervious surface requirements for the shoreland district. The proposed garage addition does encroach further into the front yard leaving a 12.9 ft. setback form Jane Rd, the new side yard setback from the deck will be 7.3 ft., and the setback from the OHWL for the deck will be 49.2 ft. However, the project will lower the impervious surface calculation from its current percentage of 36.7 to 34.1. WHEREAS, notice has been published , mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on May 7th, 2018; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated May 15th, 2018; and WHEREAS, the City Council considered said matter at its May 15th, 2018 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirement s of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: a) A variance to allow for the expansion and renovation of an existing single-family detached home which does not meet the minimum structure setback requirements of the OWHL, front and side yard setbacks, and impervious surface allowance. 4) That the Variance will be located on property legally described as follows: SUBDIVISIONNAME BERSCHEN'S SHORES LOT 11 SUBDIVISIONCD 37090, 9369 Jane Rd North, Washington County, Minnesota with the following PID: 10.029.21.24.0007. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific Finding: The subject property was platted prior (presumed before 1985) to current standards established for the current Ordinary High Water Level. Many homes, this one included, were platted without today’s OHWL in mind. Because of this, property owners have had difficulty complying to the establish setback requirements of today. It does not seem reasonable to think homes will comply with both the front (30ft) and OWHW (75-100ft) setbacks. Compliance with both seems to be unlikely given the configuration of the lots created prior to current standards. Pertaining to the garage there seems to be no other location for it to be reasonably placed to reduce intrusion into setbacks. The deck also seems to be reasonably placed as any other location will put it closer to the OHWL and only a small section of the deck (steps) encroaches into the side yard. Another item to note is the impervious surface calculations will be reduced with the proposed project. 6) The plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific Findings: As mentioned above, the property is unique in that the plat was created in a way which did not provide adequate distance for compliance with today’s setbacks from the OHWL. Due to the nature of the lot there seems to be limited improvements which a homeowner can make to their property without variance approval. 7) The proposed variance will not alter the essential character of the locality in which the property in question is located. Specific Findings: The proposed addition would encroach further in to the front yard setback than other homes within the area. However, it does not drastically change the character of the locality, as the addition of the garage does not in and of itself change the function of the home. Side loaded garages are not a unique feature to homes, nor are decks. This also would not be the first homes in the area to have limited front yard space. 8) The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific Findings: The proposed additions will not alter or impair supply of light or air to adjacent properties. The garage will not block an amount of wind or air from neighboring properties so that their use would be disrupted. The garage is also being proposed to increase traffic safety. Reconfiguration of the garage and driveway will allow motor vehicles to maneuver themselves in a way to pull out nose first onto the Jane road, which would increase safety. The addition is also not expected to diminish property values. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions. 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) Grading, erosion control, and stormwater management plans shall be submitted in conjunction with a building permit for the property and shall be approved by the City engineer. 3) The proposed retaining wall, if over four feet in height, shall be constructed by plans prepared by a professional engineer. 4) The applicant shall secure any required permits from the Valley Branch Watershed District prior to commencing any grading or construction activity on the site. 5) The deck shall be constructed of wood and not roofed. 6) The rear patio pavers shall be removed to reduce impervious surface. Passed and duly adopted this 15th day of May, 2018 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Mike Pearson ATTEST: ________________________________ Julie Johnson, City Clerk 1 STAFF REPORT DATE: May 15, 2018 REGULAR ITEM #: 21 MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Zoning Text Amendment - Golf Cart Ordinance REVIEWED BY: Emily Becker, Planning Director BACKGROUND: The City of Lake Elmo has received an application for a Zoning Text amendment to allow the operation of golf carts on public streets within the City. The application was submitted by the Royal Development, Inc., the developer of Royal Golf Club at Lake Elmo, a golf course community. As a golf course community, they would like their residents to be able to use their personal carts to access different areas of the development without having to drive larger automobiles. REVIEW AND ANALYSIS: Lake Elmo: Currently the city does not allow the operation of golf carts on public streets. The state of Minnesota allows Cities to make the determination of their allowance through the adoption of an ordinance. However, if the city chooses to allow golf carts there are minimum requirements that must be enforced/enacted. The requirements will be addressed further on in the report. If the city chooses to adopt the ordinance there will be a new section added to the code as well as an amendment to the definition of all-terrain vehicles. Also the fee schedule will need to be amended to include a fee for golf cart permits. State Requirements: The state requires at a minimum the items listed out below - May only be operated on designated roadways – included as an attachment are the proposed designated roadways - May only be operated from sunrise to sunset, unless equipped with original headlights, taillights, and rear-facing brake lights. – code only proposes sunrise to sunset - Shall not be operated in inclement weather – further described in proposed ordinance - The display of slow-moving vehicles emblem - Insurance - Application requirements – permits are only valid for 3 years - They must be allowed to cross non-designated roadways but they do not need to be allowed to travel on or down them. Other Communities: There are other communities that allow golf carts to be driven on public streets including City of Anoka, City of Trimont, Dodge Center, City of Ramsey, and Redwing. They all at a minimum have the state requirements with some variability between them. 2 Anoka: - Golf carts may be operated on all local city streets within the limits of the city that have a speed limit of 30 mph or less, with the exception of East Main St. - Golf carts are allowed on designated trail (those leading to a golf course) - Carts must be parked in designated public parking stalls or areas used by automobiles only. - A permit may be revoked at any time for violating any provision of this Article, after investigation by the Police Department and final determination by the Police Chief or his or her appointee. - Approval must come from the police department. - $25 fee and permits are good for one year City of Trimont: - The Chief of Police may revoke a permit at any time upon finding that the holder has violated any of the provisions of this ordinance or Minnesota Statutes Chapter 169 or if there is any evidence that the permit holder cannot safely operate the motorized golf cart. - The City clerk may authorize the permits - $15 fee and the permits are good for 3 years City of Dodge Center: - A motorized golf cart shall be operated as close to the right curb or right side of the roadway as practicable, except when making left turns. - They also offer an appeal process for revoked permits. - The City administrator makes the determination weather or not to revoke a permit. - Permits are submitted to the City Administrator - $10 fee and all permits expire on December 31st of each year Ramsey: - Permits are obtained from the police department - $10 fee and permits are good for 3 years Red Wing: - Only operated between May 1 and October 31st of each year - Permits are available at the police department - $30 fee and permits are good for 1 year Communities regulate permitted and unpermitted roads differently. Staff has not noticed any trends other than Cities regulate based on what makes the most sense for them and their needs. Some say carts may only be used when on the way to or from a golf course, where other cities do not make that a requirement. After discussing the topic between several departments City staff has concluded that carts shall only be permitted to travel on roads which are contained within the Golf Course Community (GCC) zoning district. 3 FISCAL IMPACT: Staff does not foresee a fiscal impact. There should be a fee associated with the issuance of a permit. $30 permit fee established to last for 3 years. COMMENTS AND RECOMMENDATION Staff recommendation: The planning department has discussed the language with other departments and in doing so has arrived at the following conclusion. Given that the character of the roads which would be designated for use, staff does not immediately see an issue with allowing the use of golf carts within the GCC zoning district. Staff is recommending approval. The Public Safety Committee also recommended approval. However, there were a few comments that came from their meeting on the topic, they are as follows. Their comments are in bold, and City Attorney responses have been summarized, italicized. • Open Bottle o The “open bottle law” is in Minnesota Statutes Section 169A.35. It prohibits the possession of open bottles of alcoholic beverages in “motor vehicles” that are upon streets or highways. A golf cart is considered a “motor vehicle” for these purposes. It also appears that all of the driving while intoxicated statutes in Minnesota Statutes Chapter 169A apply to golf carts that are being operated on streets or highways, so a reference was added to the ordinance since these statutes would apply. Open bottle does not apply when on private property. • Age Limit Essentially Minnesota law would not allow the city to govern who may and may not drive a golf cart based on age or if they have a driver’s license or not. • Section 70.03 D – o In short, if an applicant who has had his or her driver’s license revoked but has a note from his or her doctor saying that he or she can safely operate the golf cart would not be entitled to a permit because the applicant has not satisfied both requirements of this section of the ordinance. • Rental Carts o A new permit would be required each time a golf cart was rented, so most people would likely not go through this trouble. Staff had informed the committee that the amendments would need to be approved by the City Attorney. The Committee was aware the amendments were dependent upon Attorney Approval. Their recommendation was made knowing that the comments may or may not have an impact on the proposed ordinance. Both Staff and the Public Safety Committee recommend approval of the ordinance. The committee recommended approval of the Ordinance with amendments 5-0. OPTIONS - Approve the Golf Cart Ordinance as it has been written - Deny the Golf Cart Ordinance - Approve the Golf Cart Ordinance with amendments 4 RECOMMENDATION: “Move to adopt Ord. 08-209 adding new language as it applies to the allowance of golf carts on City streets in the GCC zoning district within the City of Lake Elmo.” “Move to adopt Ord. 08-210 amending the City’s fee schedule to add a golf cart permit fee” “Move to adopt Resolution 2018-053 authorizing summary publication of Ordinance. 08-209 and Ordinance 08-210.” ATTACHMENTS • State Statute • Designated Road map • Ord 08-209 Golf Cart Ordinance • Ord. 08-210 amending City’s fee schedule • Resolution 2018-053 authorizing summary publication of golf cart ordinance and fee schedule 169.045 SPECIAL VEHICLE USE ON ROADWAY. Subdivision 1.Designation of roadway,permit.The governing body of any county,home rule charter or statutory city,or town may by ordinance authorize the operation of motorized golf carts,all-terrain vehicles,utility task vehicles,or mini trucks,on designated roadways or portions thereof under its jurisdiction. Authorization to operate a motorized golf cart,all-terrain vehicle,utility task vehicle,or mini truck is by permit only.For purposes of this section: (1)an all-terrain vehicle has the meaning given in section 84.92; (2)a mini truck has the meaning given in section 169.011,subdivision 40a;and (3)a utility task vehicle means a side-by-side,four-wheel drive,off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less,and has a total dry weight of 1,800 but less than 2,600 pounds. Subd.2.Ordinance.The ordinance shall designate the roadways,prescribe the form of the application for the permit,require evidence of insurance complying with the provisions of section 65B.48,subdivision 5 and may prescribe conditions,not inconsistent with the provisions of this section,under which a permit may be granted.Permits may be granted for a period not to exceed three years,and may be renewed.A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart,all-terrain vehicle,utility task vehicle,or mini truck on the designated roadways.The ordinance may require,as a condition to obtaining a permit,that the applicant submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart,all-terrain vehicle,utility task vehicle,or mini truck on the roadways designated. Subd.3.Times of operation.Motorized golf carts,all-terrain vehicles,and utility task vehicles may only be operated on designated roadways from sunrise to sunset,unless equipped with original equipment headlights,taillights,and rear-facing brake lights.They shall not be operated in inclement weather,except during emergency conditions as provided in the ordinance,or when visibility is impaired by weather,smoke, fog or other conditions,or at any time when there is insufficient visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet. Subd.4.Slow-moving vehicle emblem.Motorized golf carts shall display the slow-moving vehicle emblem provided for in section 169.522,when operated on designated roadways. Subd.5.Crossing intersecting highways.The operator,under permit,of a motorized golf cart,all-terrain vehicle,utility task vehicle,or mini truck may cross any street or highway intersecting a designated roadway. Subd.6.Application of traffic laws.Every person operating a motorized golf cart,all-terrain vehicle, utility task vehicle,or mini truck under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter,except when those provisions cannot reasonably be applied to motorized golf carts,all-terrain vehicles,utility task vehicles,or mini trucks and except as otherwise specifically provided in subdivision 7. Subd.7.Nonapplication of certain laws.The provisions of chapter 171 are applicable to persons operating mini trucks,but are not applicable to persons operating motorized golf carts,utility task vehicles, or all-terrain vehicles under permit on designated roadways pursuant to this section.Except for the requirements of section 169.70,the provisions of this chapter relating to equipment on vehicles are not applicable to motorized golf carts,utility task vehicles,or all-terrain vehicles operating,under permit,on designated roadways. Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 169.045MINNESOTASTATUTES20171 Subd.7a.Required equipment on mini trucks.Notwithstanding sections 169.48 to 169.68,or any other law,a mini truck may be operated under permit on designated roadways if it is equipped with: (1)at least two headlamps; (2)at least two taillamps; (3)front and rear turn-signal lamps; (4)an exterior mirror mounted on the driver's side of the vehicle and either (i)an exterior mirror mounted on the passenger's side of the vehicle or (ii)an interior mirror; (5)a windshield; (6)a seat belt for the driver and front passenger;and (7)a parking brake. Subd.8.Insurance.In the event persons operating a motorized golf cart,utility task vehicle,all-terrain vehicle,or mini truck under this section cannot obtain liability insurance in the private market,that person may purchase automobile insurance,including no-fault coverage,from the Minnesota Automobile Insurance Plan under sections 65B.01 to 65B.12,at a rate to be determined by the commissioner of commerce. History:1982 c 549 s 2;1986 c 452 s 19;1Sp1986 c 3 art 2 s 12;1987 c 337 s 121,122;1997 c 159 art 2 s 18;2009 c 158 s 3,10;2011 c 107 s 89-95;2012 c 287 art 3 s 56;2014 c 255 s 20 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2MINNESOTASTATUTES2017169.045 ³ Golf carts are only permitted to travel on public roads which are containedwithin the Golf Course Community (GCC) zoni ng district. Golf carts foundtraveling on roads outside of this district shall be subject to ticketing. Ifthere are questions relating to permitting or if a road is within the GCC,Call City hall at 651-747-3900. City of Lake ElmoGolf Cart Map Golf Co urse Community All oth er di stricts 1 521651v2 SJS LA515-4 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-209 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING CHAPTERS 11 AND 70 TO ALLOW FOR GOLF CART OPERATION ON DESIGNATED CITY STREETS. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I, Chapter 11, General Code Provisions, Section 11.01, Definitions by adding the following definitions: GOLF CART. A self-propelled three or four-wheeled vehicle designated for and commonly used for transportation on a golf course that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 800 pounds. Vehicles that are required to be registered with the Minnesota Department of Natural Resources do not fall within the definition of a golf cart for purposes of this code. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I, Chapter 11, General Code Provisions, Section 11.01, Definitions by deleting the stricken language and adding the underlined language as follows: OPERATE (SNOWMOBILES, AND RECREATIONAL VEHICLES ALL-TERRAIN VEHICLES, AND GOLF CARTS). To ride in or on and control the operation of a snowmobile, or A.T.V., all-terrain vehicle, or golf cart. SECTION 3. The City Council of the City of Lake Elmo hereby amends the title of Title VII, Chapter 70, Off Road Vehicles, Snowmobiles and All-Terrain Vehicles by deleting the stricken language and adding the underlined language as follows: CHAPTER 70: OFF ROAD VEHICLES, SNOWMOBILES, AND ALL-TERRAIN VEHICLES, AND GOLF CARTS SECTION 4. The City Council of the City of Lake Elmo hereby amends Title VII, Chapter 70, Snowmobiles, All-Terrain Vehicles, and Golf Carts to add a new Section 70.03 which shall read as follows: § 70.03 GOLF CARTS. (A) Permit required. No golf cart may be operated on a street, alley, sidewalk, or other public property without first obtaining a permit from the city. (B) Permit application. Every application for a permit must be made on a form supplied by the city and must contain all of the following information: (1) The registered owner’s name, address, and telephone number; (2) The make, model, year, and number of the golf cart; 2 521651v2 SJS LA515-4 (3) Proof of insurance. The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for golf carts; (4) Current driver’s license or reason for not having a current license; and (5) Other information as the city may require. (C) Permit fee. The permit fee shall be as set forth in the city’s fee schedule. (D) Approval. No permit shall be granted or renewed unless the following conditions are met: (1) The applicant may be required to submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart; and (2) The applicant has not had his or her driver’s license revoked as the result of criminal proceedings. If the application for the permit meets all of the requirements of this section, the permit application shall be approved by the Planning Director or his or her designee and a permit shall be issued by the city. (E) Appeal. If a permit application is denied for any reason, the denial may be appealed to the City Council. (F) Duration. Permits shall remain valid for a period of three years from the date of issuance. (G) Golf cart operation requirements. The issuance of a permit and adherence to the criteria set forth below are specific to the City of Lake Elmo. Within the city, golf cart operators holding permits from the city may only operate the golf cart on city streets designated by this section. The following operation requirements shall apply: (1) The operator must have in his or her actual physical possession a valid, current, and unrevoked golf cart permit while operating the golf cart on a city street along with proof of insurance; (2) The operator is responsible for operating the golf cart in accordance with this section, and all other city, county, and state laws and regulations; (3) Golf carts may only be operated on city streets between sunrise and sunset; (4) Golf carts must be operated on the pavement and not within any boulevard or ditch, city sidewalk, trail or walkway used for pedestrian travel, or other publically owned land; (6) A golf carts must only transport as many persons as it was designed by the manufacturer to carry; (7) Golf carts must not be operated on city streets during inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions or 3 521651v2 SJS LA515-4 at any time when there is insufficient visibility to clearly see persons or vehicles on the roadway at a distance of 500 feet; (8) The golf cart must not be operated in a negligent way so that it may cause harm to other persons or cause damage to public or private property; (9) No operator shall use the golf cart to intentionally drive, chase, run over, or kill any animal, wild or domestic; and (10) Every person operating a golf cart on a city street has the rights and duties applicable to the driver of any other vehicle and must comply with the provisions of any traffic law of the City of Lake Elmo and Minnesota Statutes Chapter 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in Minnesota Statutes Section 169.045, subdivision 7, as it may be amended from time to time. (H) Equipment required. All golf carts must have the following equipment when operating on city streets: (1) A slow-moving vehicle emblem provided in Minnesota Statutes Section 169.522 prominently displayed on the rear of the vehicle; (2) A rear-view mirror so located as to reflect to the operator a view of the roadway for a distance of at least 200 feet to the rear of the vehicle; and (3) Parking brakes to hold the vehicle in place when unattended. (I) Designated city streets. Golf carts shall only be permitted to be operated on designated city streets that are within the Golf Course Community (GCC) zoning district. All city streets outside of this zoning district are not allowed for golf cart use. The streets that are designated for golf cart operation are shown on the city’s Golf Cart Street Map, which is on file and of record with the Planning Director. Golf carts are permitted to cross over any non- designated street or highway that intersects a designated city street. With this exception, golf carts shall not, for any period of time or distance, travel down any streets or highways not permitted for golf cart use. (J) Permit revocation. The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder has violated any of the provisions of this section or Minnesota Statutes Chapter 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the golf cart on the designated city streets. SECTION 5. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. 4 521651v2 SJS LA515-4 SECTION 6. Adoption Date. This Ordinance 08-209 was adopted on this ______ day of ___ 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-____ was published on the ____ day of ___________________, 20172018. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-210 AN ORDINANCE ADOPTING A 2018 FEE SCHEDULE FOR THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains: SECTION I. Schedule Adopted. The attached fee schedule is hereby adopted. SECTION II. Not Codified. This ordinance is transitory in nature and shall not be codified in the City Code. This ordinance and the fee schedule established hereby shall be placed on file and available for public inspection at City Hall. SECTION III. Effect. The fees set out in the attached fee schedule apply notwithstanding any other fees the City has established which may be inconsistent. Any other fees imposed by the City which do not appear on the attached fee schedule remain in full force and effect. SECTION IV. Effective Date. This ordinance shall become effective for all billings rendered after adoption and publication in the official newspaper of the City of Lake Elmo. SECTION V. Adoption Date. This Ordinance No. 08-210 was adopted on this 15th day of May, 2018, by a vote of Ayes and Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor ATTEST: Julie Johnson, City Clerk This Ordinance was published on the day of , 2018. City of Lake Elmo - 2018 Fee Schedule 1 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Amateur Radio Antenna $875.00 Planning Appeal (to Board of Adjustment and Appeals)$250.00 Administration Bed and Breakfast Permit Fee $100.00 Planning Bee Keeping Permit $25.00 Valid for 2 years from issuance Administration Building Regulations * State Sur Charge Collected per MN Statute 326B.148 on all permits Building Building Permit Fee Schedule Total Valuation $1.00 to $500.00 $29.50 Building $501.00 to $2,000.00 Building $2,001.00 to $25,000.00 Building $25,001.00 to $50,000.00 Building $50,001.00 to $100,000.00 Building $100,001.00 to $500,000.00 Building $500,001.00 to $1,000,000.00 Building $1,000,001.00 and up Building Planning and Zoning Compliance Review and Verification $100.00 Building Plan Review Fee 65% of building permit fee Building Plan review for similar plans 25% of normal building permit fee (MN Rules 1300.0160 subp. 5)Building Single Family Decks Fee based on Valuation Building Single Family Residential Basement Finish Fee Based on Valuation Building Swimming Pool In-Ground $150.00 Building Swimming Pool Above-Ground $75.00 Building Reinspection Fee $75.00 Building Inspection outside normal business hours $120.00 per hour - 2 hour minimum Building Investigation fee - work started without required permit Equal to permit fee amount Building Replace Inspection Record Card $25.00 Building Additional Plan Review required by changes, addendum or revisions to plans $75.00 per hour, one hour minimum Building $3,886.65 for the first $500,000.00 + $5.50 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00. $6,636.65 for the first $1,000,000.00 + $4.50 for each additional $1,000.00, or fraction thereof. $28.00 for the first $500.00 plus $3.70 for each additional $100.00, or fraction thereof, to and including $2,000.00. $83.50 for the first $2,000.00 + $16.55 for each additional $1,000.00, or fraction thereof, to and including $25,000.00. $464.15 for the first $25,000.00 + $12.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $764.15 for the first $50,000.00 + $8.45 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $1,186.65 for the first $100,000.00 + $6.75 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. City of Lake Elmo - 2018 Fee Schedule 2 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Building Demolition - Residential $200.00 Building Building Demolition - Commercial $300.00 Building Fuel Tank Removal (Underground)$250.00 Building Fuel Tank Installation 2% Value of the work Building Roofing - Residential Fee Based on Valuation Building Roofing - Commercial Fee Based on Valuation Building Siding - Residential Fee Based on Valuation Building Siding - Commercial Fee Based on Valuation Building Retaining Walls over 4'Fee Based on Valuation Building Commercial Plumbing $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building Residential Plumbing $60.00 per Unit, max fee $180.00 Building Sewer Service Installation Inspection $60.00 Building Water Service Installation Inspection $60.00 Building Sewer & Water Service Installation Inspection when completed together $60.00 Building Investigation fee - Plumbing work started without required permit Equal to permit fee amount Building Commercial HVAC $60.00 per unit, Up to 3 Units or 1.5% Value of work, whichever is greater Building Residential HVAC $60.00 per Unit, max fee $180.00 Building Fireplace Installation $60 per unit Building Investigation fee - HVAC work started without required permit Equal to permit fee amount Building Manufactured Home Move In $200.00 Building Manufactured Home Move Out $200.00 Building Moving House or Primary Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building Moving Accessory Structure into the City 2% Value of the Work plus security amount determined by the Building Official Building Automatic Fire Extinguishing Systems 2% Value, $100.00 minimum Building Investigation fee - Fire Suppression work started without required permit Equal to permit fee amount Building Fire Alarm Systems 2% Value, $100.00 minimum Building Investigation fee - Fire Alarm work started without required permit Equal to permit fee amount Building Annual Retail Consumer Fireworks (retailers only selling fireworks)$350.00 Building Annual Retail Consumer Fireworks (all other retailers)$100.00 Building Outdoor Public Fireworks Display $150.00 Building City of Lake Elmo - 2018 Fee Schedule 3 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Residential Day Care Inspections $50.00 Building Residential Adult Care/Foster Care/Adoption Inspections $50.00 Building Escrow Administration Fee $100.00 Building New Single Family Dwelling Construction Escrow $2,000.00 Building Two or more dwelling units per building Construction Escrow $1,000.00 per unit Building Commercial/Industrial and Other structures $5,000.00 or amount detrmined by the Building Official Building Burning Permit Fire Residential $45.00 Fire Commercial $80.00 Fire Illegal Burn see notes →Additional fees may be incurred based on Wash. Cty. Chief's fee schedule and # of responding units Fire Chicken Keeping Permit $25.00 Initial permit expires on 12/31 of 2nd year.Administration Comprehensive Plan Amendment $1,300.00 Land Use Escrow $2500 Planning Conditional Use Permit (CUP) Planning New $1,050.00 Planning Amended $500.00 Planning Contractor License Fees Licensing Driveway $50.00 Licensing Solid Waste Hauler $120.00 Licensing Copy Services (Paper/Electronic)Administration Copies (B&W)$0.25 per page 100 pages or more are charged at actual cost of production Administration Copies (Color)$0.50 per page 100 pages or more are charged at actual cost of production Administration Copies (B&W) 11x17 $1.00 per page 100 pages or more are charged at actual cost of production Administration Copies (Color) 11x17 $2.00 per page 100 pages or more are charged at actual cost of production Administration Data DVD Fee $15.00 Administration GIS Scaled Aerial $25.00 Administration Existing Maps $5.00 Administration Custom (Per Hour Rate)$70.00 Administration Plan Size Maps (Larger than 11x17)$15.00 Administration Development Standards Specs/Details $55.00 Administration Video reproduction $10.00 Administration Culverts in Developments with Rural Section $160.00 Administration Dog License- altered $20.00 Licensing Dog License- unaltered $25.00 Licensing Dog License- late fee $2.50 per month Maximum $10 Licensing Wireless Communication Facilities Fee Escrow $6,000.00. Flood Plain Ordinance Fee Escrow $500.00 Land Use Escrow $2500 City of Lake Elmo - 2018 Fee Schedule 4 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Service Dog License No Charge Licensing Dog - duplicate license or tag $1.00 Licensing Dog and Cat Impound fees First Impound- Unlicensed Dog $60.00 Licensing First Impound- Licensed Dog $42.00 Licensing First Impound- Cat $42.00 Licensing Subsequent dog/ cat impound $85.00 Licensing Driveway Planning Residential - no curb cut on residential street $70 $50 $1,000 security Planning Residential - curb cut on residential street $100 $1,000 security Planning Residential - curb cut on collector or arterial street $150 $1,000 security Planning Residential - second curb cut additional $100 $1,000 security (per curb cut)Planning Commercial $160.00 Planning Easement Encroachment $100.00 Staff & Recording Fee Planning Electronic Fund Withdrawl/Bill Payment Fee + Trans. Charge Administration Environmental Review (EAW/EIS)$1,500.00 $2,500 Land Use escrow Village Area AUAR Fee $230.00 Per REC Unit. To be charged to development applications that increase the number of REC units above existing conditions within the Village AUAR Area. The fee will be based on the difference between the proposed and existing REC units. Fee to be paid as part of a developer’s agreement for larger projects or at the time a building permit is issued for smaller projects. Once paid, the same land will not be charged again.Planning Erosion Control Building Re-inspection Fee (portal to portal from City Hall: 1 Hr. min)$50.00 per hour $5,000.00 Security Building Excavating & Grading ≥ 50 cubic yards, up to 400 cubic yds $125.00 Security $500.00 Building Excavating & Grading ≥ 400 cubic yards/acre of site area $500.00 $500.00 fee escrow. Plus Security as Determined by the Planning Department Engineering False Alarms (12 Month Period)* (*1-3 no charge)Fire Residential Fire 4-6 False Alarms $110.00 Fire In Excess of 6 False Alarms $185.00 Fire Commercial Fire 4-6 False Alarms $315.00 Fire In Excess of 6 False Alarms $520.00 Fire Flood Plain District Delineation $500.00 Planning All Impound Fees plus $20/day Boarding Fee City of Lake Elmo - 2018 Fee Schedule 5 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Golf Cart Operation Permit $30.00 Valid for 3 years after issuance Planning/Police Dprtmnt Interim Use Permit (IUP) Fee $1,050.00 $2,500.00 Escrow Planning Renewal $300.00 Planning Liquor License Licensing Club On-Sale Intoxicating $100.00 Licensing On-Sale Intoxicating $1,500.00 Licensing Off-Sale Intoxicating $200.00 Licensing Off-Sale Non-Intoxicating $150.00 Licensing On-Sale Intoxicating- 2nd Building $750.00 Licensing On-Sale Non-Intoxicating $100.00 Licensing Investigation $350.00 Licensing On-Sale Sunday Intoxicating $200.00 Licensing Temporary Intoxicating $25.00 Licensing Wine $300.00 Licensing Lot Line Adjustment $325.00 None Planning Massage Therapy Premises License Licensing Application Fee $100.00 Fee includes one Therapist Licensing Investigation Fee $100.00 Licensing Massage Therapy Practitioner License Licensing Application Fee $50.00 Licensing Investigation Fee $25.00 Licensing Massage Therapy Premises License Renewal $50.00 Fee includes one Therapist Licensing Massage Therapy Practitioner License Renewal $25.00 Licensing Massage Therapy License Amendment $25.00 Licensing Minor Subdivision $525.00 $1,000.00 escrow Planning Park Dedication Planning Residential - Up to three lots $3,600.00 per lot Four or more lots per §153.14 Planning Commercial $4,500.00 per acre Planning Parking Lots Planning Commercial $200.00 $500 Fee Escrow. Plus Security as Determined by the Planning Department Planning Platting Sketch Plan Review (Subdivision)$500.00 $3,500 Fee Escrow Planning Preliminary Plat (Subdivision)$1,850.00 $10,000 Fee Escrow Planning Final Plat (Subdivision)$1,250.00 $8,000 Fee Escrow Planning City of Lake Elmo - 2018 Fee Schedule 6 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Final Plat (Extension Fee)$100.00 Planning Development Agreement Amendment $500.00 Planning Planned Unit Development Planning General Concept Plan $1,250.00 $7,500 Fee Escrow (Waive Subdivision Escrow)Planning Development Stage Plan $1,850.00 $10,000 Fee Escrow (Waive Subdivision Escrow)Planning Final Plat $1,250.00 $8,000 Fee Escrow (Waive Subdivision Escrow) and (City will retain escrows to reimburse review costs for each stage of Development)Planning Private Roads (Permitted only in AG zone)$150.00 Planning Restictive Soils and Wetland Restoration Protection and Preservation Permit $800.00 Planning Returned Check (NSF)$25.00 Administration Right-of-Way Permit Annual Registration $200.00 $5,000 Security Engineering Excavation Permit $275.00 + $.60/foot Engineering Joint Trench Permit (per lot per utility)$275.00 + $.60/foot Engineering Obstruction Permit $275.00 Engineering Small Wireless Permit Fee $275.00 Engineering Permit Extension $100.00 Engineering Delay Penalty (per calendar day)$25.00 Engineering SAC Charge (City) (Sewer Availability Charge)$3,000.00 Per REC Unit: collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures.Engineering SAC Charge (Met Council) (Sewer Availability Charge)$2,485.00 Per REC Unit: $2,485 to Met Council at time of connection. Engineering Sewer Connection Charge $1,000.00 Per REC Unit collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures Engineering Sewer Lateral Benefit Charge $11,300.00 Per REC Unit connecting to a Trunk Sewer Main and that has never been assessed Engineering Sewer Base Charge - Residential - Non 201 Off Site $53.03 per quarter Allowance of 10,000 gallons (10 Units) per quarter Administration Sewer Rate $4.55/1,000 Gal Administration 201 Off-Site Maintenance Fee $75.75/unit/quarter Administration Real Estate Searches $15.00/Search For special assessment or utility search Administration Signs - Permanent $180.00 Planning Signs - Temporary $75.00 Planning City of Lake Elmo - 2018 Fee Schedule 7 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Temporary Renewal $25.00 Planning Re-inspection Fee $25.00 Planning Special Event Permit $75.00 City must be listed as additional insured Planning Surface Water Administration Residential $55.00 Administration Non-Residential (Commercial etc.)$55.00 Utility rate factor per code Administration Review Fee $137.50 $82.50 Review/$55 Storm Water Fund Administration Vacations (Streets or Easements)Planning Easements $515.00 $500 Fee Escrow Planning Streets $515.00 $500 Fee Escrow Planning Variance $750.00 $500 Fee Escrow Planning Shoreland Variance $1,500.00 $500 Fee Escrow Planning Water Availability Charge (WAC)$3,000.00 Per REC Unit; collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures. Engineering Water Connection Charge $1,000.00 Per REC Unit, collected at time of plat for new lot. This fee may be deferred through special assessment for parcels with existing structures. Administration Water Equipment/Set up Administration Meter (3/4" or less)$360.50 Administration Driveway Curb Stop Lid $103.00 Administration Disconnect Service $82.40 Administration Reconnect Service $82.40 Administration Water Lateral Benefit Charge $5,800.00 never been assessed Engineering Water Usage Administration Residential - Quarterly Base Rate $20.60 Base Administration Residential - Plus Rate per 1,000 Gallons Administration Plus Rate for 0-15,000 Gallons $2.06 Administration Plus Rate for 15,001-30,000 Gallons $2.47 Administration Plus Rate for 30,001-50,000 Gallons $2.97 Administration Plus Rate for 50,001-80,000 Gallons $3.56 Administration Plus Rate for 80,001 + Gallons $4.27 Administration Water Usage Administration Commercial - Quarterly Rate $25.75 Base Administration Commercial - Plus Rate Per 1,000 Gallons Administration Additional fees apply to larger sized meters City of Lake Elmo - 2018 Fee Schedule 8 APPLICATION/FEE/PERMIT TYPE 2018 FEE ADDITIONAL CHARGE, ESCROW or NOTES DEPARTMENT Plus Rate for 0 - 15,000 Gallons $3.20 Administration Plus Rate for 15,001 - 30,000 Gallons $3.36 Administration Plus Rate for 30,001 - 50,000 Gallon $3.88 Administration Plus Rate for 50,001 - 80,000 Gallons $5.15 Administration Plus Rate for 80,001 + Gallons $6.83 Administration Water Usage Administration Hotel / Motel - Quarterly Rate $25.75 Base For metered non-irrigation (domestic) consumption Administration Hotel / Motel - Plus Rate Per 1,000 Gallons Administration Plus Rate for 0 -30,000 Gallons $3.20 Administration Plus Rate for 30,001 - 50,000 Gallons $3.36 Administration Plus Rate for 50,001 + Gallons $4.12 Administration Water Usage Delinquent Accounts Administration Regular 6% per quarter Plus $25.00 or 8%, whichever is greater, if certified to County for collection with taxes Administration Storm Water 10% per year Plus $25.00 or 8%, whichever is greater, if certified to County for collection with taxes Administration Bulk Water Purchase Administration Water from Hydrant $103.00 minimum Plus $3.36/additional 1,000 gallons Administration Wind Generator $850.00 $2,000 Fee Escrow Planning Wireless Communication Permit $500.00 $6,000 Fee Escrow Planning Zoning Amendment (Text or Map)$1,245.00 $2,500 Escrow Planning Zoning Certification Letter $25.00 Planning Zoning Permit - Certificate of Zoning Compliance Planning Accessory Structures < 200 SF $75.00 Planning Fence (less than 6')$75.00 Planning Other $75.00 Definition of Terms Adopted by City Council - 12-5-17 **Security: City will retain a security escrow to ensure completion of work as directed by the approved permit/application and compliance with the State Building Code and the City of Lake Elmo Municipal Code. *Fee Escrow: City will maintain a fee escrow to cover all City review costs. Application fees include all professional fees and expenses incurred by the City. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2018-053 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08- AND ORDINANCE 08- BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-210, an ordinance amending the City’s fee schedule, and Ord. 08-, an ordinance adding standards for the operation of golf carts on City streets; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-209 and Ord. 08-210 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-210, which amends the City’s 2018 Fee Schedule to add a fee of $30 for golf cart permits which last three years. AND The City Council of the City of Lake Elmo has adopted Ord. 08-209, which includes the following changes to the Lake Elmo City Code of Ordinances: Chapter 11 is amended by to add a definition of Golf Cart(s) and amend the definition of Operate. Chapter 70 is amended by creating section 70.03: Golf Carts, which includes the following: - Designates streets on which golf carts may be operated - Applications are required, and approval of application by the city is required prior to issuance of said permit. - Golf carts shall not be operated in inclement weather conditions and are limited to the hours of sunrise to sunset. - A list of mandatory equipment for all golf carts operating on public right of way. - Operators must not act in a negligent way to cause harm or damage to and persons, animals, or public or private property. The full text of Ordinance No. 08-209 and Ordinance No. 08-210 is available for inspection at Lake Elmo city hall during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: May 15 , 2018 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. STAFF REPORT DATE: 5/15/18 REGULAR ITEM #: 22 TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Comprehensive Plan Extension Request Resolution REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: Process. The City has been working with consultant Swanson Haskamp Consulting since February of 2017 on the 2040 Comprehensive Plan Update (Update). There have been a number of community engagement events including 4th of July Parade, Arbor Day, Tri- Lakes Ski Show, Farmers Market; Advisory Panel meetings; and two Open Houses. Delays. Due to the recent number of Comprehensive Plan Amendments that have come forth that could potentially change densities within sewered areas, creating potential effect on the Land Use Plan and Wastewater Facilities chapters; closure of well #1 due to its levels of perfluorochemicals, which will require changes to the Water Supply chapter; and Staff changes, the City has experienced delays in the Update. Option for Extension. The Metropolitan Council allows communities to request an extension of up to 12 months to the 2040 Comprehensive Plan Update submittal deadline. In order to do this, communities must submit an adopted resolution and a completed extension request form by May 31, 2018. The Metropolitan Council will then review these requests. Direction from Council. Council discussed this extension request at its May 8, 2018 workshop and directed Staff to put together a Resolution requesting an extension as well as discussed a timeline for adoption of the Update. ISSUE BEFORE COUNCIL: Should the City adopt a Resolution requesting additional time within which to complete Comprehensive Plan “decennial” review obligations? PROPOSAL DETAILS/ANALYSIS: Schedule. A public hearing was held May 7 and will continue to May 30; and the Update is scheduled to go to Council in June for approval to be submitted to adjacent jurisdictions for review. Adjacent jurisdictions are given six months before the Update goes to Metropolitan Council for review. In order to meet the December 31, 2018 deadline for submittal to the Metropolitan Council, the Update must be submitted to adjacent jurisdictions for review by June. Because it is a tight deadline to get the plan approved to go to adjacent jurisdictional review by June, Staff would recommend that the City adopt a resolution requesting this extension. At its workshop, Council discussed that the extension request should not be for more than a few months, provided the amount of development within the City. It directed Staff to have the following target dates: • Approval by Council to submit for 6-month jurisdictional review: June 4, 2018 (though this may need to be moved to June 18, 2018 if there are many changes to be made after the public hearing) • Public hearing after 6-month jurisdictional review: February 5, 2019 • Council action: February 19, 2019 • Submittal to Metropolitan Council: February 28, 2019. RECOMMENDATION: Staff recommends that the Council adopt Resolution 2018-054 requesting additional time within which to complete Comprehensive Plan “decennial” review obligations. “Move to adopt Resolution 2018-054 requesting additional time within which to complete Comprehensive Plan “decennial” review obligations.” ATTACHMENTS: 1. Resolution 2018-054 CITY OF LAKE ELMO RESOLUTION NO. 2018-054 RESOLUTION REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN “DECENNIAL” REVIEW OBLIGATIONS WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their “decennial” reviews by December 31, 2018; and WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant extensions to local governmental units to allow local governmental units additional time within which to complete the “decennial” review and amendments; and WHEREAS, any extensions granted by the Metropolitan Council must be submitted by May 31, 2018, and must include a timetable and plan for completing the review and amendment; and WHEREAS, the City will not be able to complete its “decennial” review by December 31, 2018, for the following reasons: a recent number of Comprehensive Plan Amendments that have come forth that could potentially change densities within sewered areas, creating potential effect on the Land Use Plan and Wastewater Facilities chapters; closure of well #1 due to its levels of perfluorochemicals, which will require changes to the Water Supply chapter; and Staff changes. WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Council an extension so the City can have additional time to complete and submit to the Metropolitan Council for review an updated comprehensive plan and amend its fiscal devices and official controls. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELMO, MINNESOTA, AS FOLLOWS: 1. The Planning Director is directed to submit to the Metropolitan Council no later than May 31, 2018, an application requesting an extension to February 28, 2019. 2. The Planning Director is directed to include with the request a reasonably detailed timetable and plan for completing: (a) the review and amendment by February 28, 2019; and (b) the review and amendment of the City’s fiscal devices and official controls. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 15th DAY OF MAY, 2018 CITY OF LAKE ELMO ______________________________ Michael Pearson Mayor ATTEST: ______________________________ Julie Johnson City Clerk STAFF REPORT DATE: 5/15/18 REGULAR ITEM #:23 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Accessory Structure Ordinance Amendment REVIEWED BY: Ben Prchal, City Planner Joan Ziertman, Planning Program Assistant BACKGROUND: Staff had noted with the solar energy ordinance amendment that ground-mount solar energy systems were not exempt from the number and size requirements of accessory structures within the rural districts. In order to follow up on an amendment to the City’s solar ordinance, which was an item on the 2018 Planning Commission Work Plan, Staff would propose that this be clarified in order to complete the solar ordinance. Additionally, Staff wanted to take the opportunity to clarify language regarding additional accessory structures in the A – Agricultural and RR – Rural Residential zoning districts. ISSUE BEFORE COUNCIL: The Council is being asked to hold a public hearing and make recommendation to Council on the proposed amendments to the accessory structure ordinance. PROPOSAL DETAILS/ANALYSIS: Amendment to Exempt Solar Energy Systems from Size and Number Requirement. Because of the generally small size of solar energy systems and because the number of accessory structures allowed within the rural districts is quite restrictive (up to two per lot), it is reasonable to exempt them from the size and number requirement. Currently, the standards for solar energy systems state that such systems must adhere to lot coverage requirements (maximum impervious surface), and so the addition of this language will clarify that while the systems must adhere to impervious surface requirements, they are exempt from the number and size requirements of accessory structures. Amendment to Exempting Tool Sheds from the Size and Number Requirement of Accessory Structures. Storage or Tool Sheds as defined by the Section (A 1-story accessory building of less than 200 square feet gross area with a maximum roof height of 12 feet) were previously exempt from the number requirement of the accessory structure ordinance but not the area requirement. Because of the small size of storage or tool shed, it should also be exempt from the size requirement, just as gazebos, playhouses, and animal structures are. City Council Meeting 5/15/2018 Regular Item #23 Page 2 Amendment to Language Regarding Additional Accessory Structures in the Rural Residential and Agricultural District. Currently, language regarding accessory structures within rural districts states that additional accessory structures in the A - Agricultural and RR – Rural Residential zoning districts are allowed via conditional use permit. There are no clarifying language or standards, however, which dictate when they should be allowed. Staff believes that a variance would be more appropriate in this case, as the applicant would be required to prove why their property is unique and would require additional accessory structures beyond those drafted the following amendments. In recognition of the need for additional accessory structures on agricultural properties, Staff is proposing the following amendments: •Added clarifying language to the agricultural building definition, requiring that it meet the definition set forth by State Statute 362B.103, below: o “Agricultural building" means a structure that is: on agricultural land as determined by the governing assessor for the municipality or county under section 273.13, subdivision 23; designed, constructed, and used to house farm implements, livestock, or agricultural products under section 273.13, subdivision 23; and used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural products. •Added a Note C to Table 9-3 which allows one additional accessory structure beyond the two permitted on properties of 10-40 acres in size provided the additional accessory structure is an agricultural building as defined in Section 154.213. •Added a Note D to Table 9-3 which allows an unregulated amount of additional accessory structures beyond the two permitted on properties of over 40 acres in size provided the additional accessory structures are agricultural buildings as defined in Section 154.213. •Removed language regarding additional accessory buildings allowed in the A and RR zones via conditional use permit. •Clarified language excepting building height regulations for agricultural buildings, specifying they must meet the definition set forth in Section 154.213. Planning Commission Review. The Planning Commission reviewed the proposed ordinance and held a public hearing at its meeting on April 23, 2018. The Planning Commission made one change to the ordinance, adding “ground-mount” to solar energy systems as they are exempted from the size and number requirements within residential districts. No one from the public spoke during the public hearing and no comments were received prior to the public hearing. FISCAL IMPACT: None. OPTIONS: The Council may: •Adopt Ord. 08-211 as recommended by Staff and the Planning Commission. City Council Meeting 5/15/2018 Regular Item #23 Page 3 •Make amendments to Ord. 08-211 and adopt as amended. •Do not adopt Ord. 08-211 RECOMMENDATION: Staff and the Planning Commission recommend that Council adopt Ord. 08-211 approving amendments to the accessory structure ordinance. “Move to adopt Ord. 08-210 approving amendments to the accessory structure ordinance exempting solar energy systems and storage or tool sheds from the size and number requirements in residential districts and specifying the definition of and allowances for agricultural buildings.” In addition, Staff would also recommend that Council adopt Resolution 2018-211 approving summary publication of Ord. 08-211. “Move to adopt Resolution 2018-055 authorizing summary publication of Ord. 08-210.” ATTACHMENTS: •Ord. 08-211 •Summary Publication Resolution 2018-055 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-211 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY EXEMPTING SOLAR ENERGY SYSTEMS AND STORAGE OR TOOL SHEDS FROM THE SIZE AND NUMBER REQUIREMENTS IN RESIDENTIAL DISTRICTS AND SPECIFYING DEFINITION OF AND ALLOWANCES FOR AGRICULTURAL BUILDINGS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VII: General Regulations; Section 154.213: Accessory Bulidings and Structures, Generally; Subd. (B) and (G) by amending the following: B. Agricultural Farm Building. An accessory building means a structure that is on agricultural land as determined by the governing assessor of the City under section 273.13, subdivision 23 and meets all other requirements of State Statute 362B.103. used or intended for use on an active commercial food-producing farm operation of more than 20 acres. A Minnesota Pollution Control Agency permit may be required. F.Storage or Tool Sheds. One storage or tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings, provided it complies with the maximum area requirements of the zoning district, and a principal structure exists on the lot. G.Exempt Structures. The following residential improvements shall be exempt from the maximum allowed structure size and number requirements in residential districts: 1. Unenclosed playhouses 2. Gazebos up to a total of 120 square feet in size and a maximum of twelve (12) feet in overall height 3. Detached decks over thirty (30) inches in height up to a total of 120 square feet in size 4. Outdoor swimming pools 5. Patios 6. Tennis and sport courts 7. Structures, sheds or coops up to a total of two hundred (200) square feet in size used to house permitted animals, such as chickens, horses, or other livestock. These structures must not exceed twelve (12) feet in height and must meet all required setbacks per MPCA guidelines and the City’s animal ordinances. 8. Water oriented accessory structures as permitted in accordance with the City’s Shoreland Ordinance. 9. Storage or Tool Sheds as defined in this section. 10. Ground-mount solar energy systems SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article II; Section 154.406: Accessory Structures, Rural Districts; Subd. (A), (B), and (C) (12) by amending the following: §154.406 ACCESSORY STRUCTURES, RURAL DISTRICTS. A.Size and Number. The maximum number and size of accessory buildings permitted in rural zoning districts are outlined in Table 9-3: 2 Table 9-3: Accessory Buildings, Rural Zoning Districts Lot Size Maximum Structure Size (square feet) No. of Permitted Bldgs under 1 acre 1,200b 1 1 - 2 acres 1,200 1 2 – 5 acres 1,300 1 5 – 10 acres 2,000 2 10-15 acres 2,500 2 c 15-20 acres 3,000 2 c 20-40 acres 4,000 2c 40+ acres Unregulatedcd Unregulatedcd Notes to Table 9-3 a. Maximum structure size accounts for the total maximum area allowed for all permitted accessory structures combined. b. The 1,200 square foot allowance is for the combined area of the attached and detached accessory structure or residential garage. c.To be allowed One agricultural building, as defined in §154.213, is allowed in addition to the permitted number of accessory structures. additional accessory buildings beyond two total buildings, the buildings must be agricultural buildings as defined in §154.213 or clearly serve an agricultural purpose in the judgment of the City. d.Agricultural buildings, as defined in §154.213, are allowed in addition to two permitted accessory structures. B.Additional Accessory Buildings. Allowances for additional accessory buildings in A and RR zones may be considered via a conditional use permit. C.Structure Height, Rural Districts. No accessory building shall exceed twenty-two (22) feet in height or the height of the principal structure, with the exception of buildings that are intended for a farming or other agricultural use in the judgment of the City agricultural buildings, as defined in §154.213. Building projections or features on accessory structures that are not agricultural buildings, as defined in §154.213, such as chimneys, cupolas, and similar decorations that do not exceed twenty-five (25) feet in height are permitted in rural districts. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-210 was adopted on this ______ day of ___ 2018 by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor 3 ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-211 was published on the ____ day of ___________________, 2018. CITY OF LAKE ELMO RESOLUTION NO. 2018-055 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08- BY TITLE AND SUMMARY WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-211, an ordinance amending the Lake Elmo City Code of Ordinances by amending the City’s exempting solar energy systems from the size and number requirements in residential districts and specifying definition of and allowances for agricultural buildings; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No. 08-211 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted the following changes to Chapter 154: Zoning Code, Section 154.213: •Amending definition of agricultural building to align with State Statute. •Exempting storage or tool sheds and solar energy systems from the size and number requirements of residential districts. AND The City Council of the City of Lake Elmo has adopted the following changes to Section 154: Zoning Code, Section 154.406: •Allowing one agricultural building in addition to the maximum size and number allowed in rural districts on properties of 10-40 acres in size. •Allowing an unregulated amount of agricultural buildings in addition to the maximum size and number allowed in rural districts on properties of 40 acres in size or more. •Clarifying height regulations of agricultural buildings. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: May 15 , 2018. ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: ______________________ Whereupon said resolution was declared duly passed and adopted. STAFF REPORT DATE: May 15, 2018 REGULAR ITEM #: 25 MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Easton Village 4th Addition Development Agreement REVIEWED BY: Jack Griffin, City Engineer Sarah Sonsalla, City Attorney Kristina Handt, City Administrator BACKGROUND: Resolution 2018-057 approving the Final Plat of Easton Village 4th Addition indicates that an executed Development Agreement is a condition of final plat approval and is required prior to recording the final plat with Washington County. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2018-057 approving the Development Agreement for Easton Village 4th Addition. REVIEW/ANALYSIS: A condition of approval of the Easton Village 4th Addition Final Plat is that the developer enter into a Development Agreement prior to the execution of the plat by City officials. Staff has drafted this Development Agreement which is attached for consideration by the City Council. The key aspects of the agreement include the following components: • That all public improvements to be completed by October 31, 2018, with the exception of the final wear course of asphalt on streets. • That the developer provide a letter of credit in the amount of $640,439 related to the cost of the proposed improvements. • That the developer provide a cash deposit of $221,608 for SAC and WAC charges, engineering administration, one year of street light operating costs, railroad crossing improvements, AUAR and other City fees. • A temporary turnaround on the north end of Lilac Avenue N and connecting to Village Parkway is to be installed by the developer. • Removal and reconstruction of the temporary road access from 34th Street North to the Village Parkway must be completed prior to release of building permits, as per the recommended condition City Council – Staff Report Item #25 Meeting date: 5/15/2018 Page 2 of approval of final plat, and this access shall be maintained until a permanent secondary access street is constructed with future phases of the development. • City payment of oversizing costs associated with the installation of a 12 inch water main as identified on the plans of $5,280.00. The construction plans for the project have not been approved; the landscaping plan has. Once approved, the revision date of the approved plans will be entered in to the document before it is recorded. Once plans have been approved, and upon execution of this Agreement, receipt of all fees and securities, insurance, recording of the final plat and the completion of a pre-construction meeting with the City, construction can commence. FISCAL IMPACT: The future financial impacts include maintenance of streets, trails, sanitary sewer mains, watermains and other public infrastructure, maintenance of storm water ponding areas (after warranty period), monthly lease payments for street lights, and other public financial responsibilities typically associated with a new development. The City will collect building permit fees, Sewer Accessibility Charges and Water Accessibility Charges and property taxes for the 24 lot single family residential subdivision. The railroad improvements are estimated and should the construction cost more than estimated, the benefiting properties will be assessed for the increased costs as stipulated in the Development Agreement. OPTIONS: The City Council is being asked to consider the approval of the Development Agreement on the consent agenda and has the following options: 1) Adopt Resolution 2018-057 approving the Development Agreement for Easton Village 4th Addition on the; or 2) Direct Staff to amend the draft Development Agreement to bring back to a future City Council meeting. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2018-057 approving the Development Agreement for Easton Village 4th Addition: “Move to adopt Resolution 2018-057 approving the Development agreement for Easton Village 4th Addition Final Plat” ATTACHMENTS: • Resolution 2018-057 • Easton Village 4th Addition Development Agreement 1 522975v2 SJS LA515-36 (reserved for recording information) DEVELOPMENT AGREEMENT (Public sewer and water) Easton Village 4th Addition THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”), and Chase Development, Inc., a Minnesota corporation (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Easton Village 4th Addition (referred to in this Agreement as the “Subdivision”). The property being platted is situated in the County of Washington, State of Minnesota, and is legally described on Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on condition that the Developer enter into this Agreement, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 120 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the Property and the construction therein of certain public and private improvements. The Developer may not grade or otherwise disturb the earth, remove trees or construct public or private improvements or any buildings within the Subdivision until all the following conditions precedent have been satisfied: A. the Developer has executed and recorded with Washington County all drainage and 2 522975v2 SJS LA515-36 utility easements required for the Subdivision by the City Engineer and the Public Works Director in the City’s standard form; B. the Developer has executed and recorded with Washington County the storm water maintenance and easement agreement in the City’s standard form; C. this Agreement has been executed by the Developer and the City; D. the required Security (as hereinafter defined) have been received by the City from or on behalf of the Developer; E. final construction plans and specifications have been submitted by the Developer and approved by the City Engineer; F. the Developer has paid the City for all legal, engineering and administrative expenses incurred by the City regarding the City approvals and has given the City the additional City Engineering Administration Escrow required by this Agreement; G. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable watershed, Washington County, and any other agency having jurisdiction over the Subdivision; H. the Developer has provided the City with a certificate of insurance required by this Agreement; I. the Developer or the Developer’s engineer and the Developer’s contractor(s) have initiated and attended a preconstruction meeting with the City Engineer, and City staff; J. the final plat has been recorded with Washington County; K. all homeowners’ association declarations, covenants, and restrictions have been submitted, reviewed, and approved by the City Attorney; and L. a title insurance policy has been issued in the amount of $100,000 in favor of the City, insuring the City’s interests as they appear on the plat; and 3 522975v2 SJS LA515-36 M. the City has issued a written notice that all of the above conditions have been satisfied and that the Developer may proceed. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases of the development if the Developer is not in compliance with any term of this Agreement and the non-compliance has not been remedied. Development of subsequent phases of the development may not proceed until development agreements for such phases are approved by the City. Park dedication charges and availability charges for sewer and water referred to in this Agreement are not being imposed on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any changes to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in accordance with the City approvals, including the terms and conditions of approval of the final plat as detailed in City Council Resolution No. 2018-XX, and to construct all improvements in 4 522975v2 SJS LA515-36 accordance with the approved construction plans and specifications (collectively, the “Plans”) prepared by a professional engineer registered in the State of Minnesota at its sole expense. All terms and conditions of the City approvals are hereby incorporated by reference into this Agreement. The documents which constitute the Plans are those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the Developer without the prior written approval of the City. 8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the Developer shall make or install at its sole expense the following public and private improvements (collectively, the “Subdivision Improvements”): A. Grading and erosion control; B. Sanitary sewer; C. Water system improvements; D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs, etc.); E. Streets and sidewalks; F. Trails; G. Underground private utilities; H. Landscaping; I. Street lighting and signage; J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.); K. Tree preservation and reforestation; L. Wetland mitigation and buffers; and M. Monuments required by Minnesota Statutes. All improvements shall be installed in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved Plans, the City approvals, the City Code, the City’s Engineering Design and 5 522975v2 SJS LA515-36 Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a full or part-time basis. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the City’s approval of the final plat for the Subdivision, the Developer shall submit to the City an amount to be escrowed by the City for City administration and construction observation costs in an amount provided under paragraph 39 of this Agreement - Summary of Cash Requirements. Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an invoice, for all administration and construction observation costs incurred by the City during the construction of the Subdivision Improvements by the City’s engineering, public works, planning, and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw upon the escrow and stop the work on site until the escrow has been replenished in its full amount. City administration and oversight will include monitoring of construction progress and construction observation, consultation with the Developer and the Developer’s professionals on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the Security. Construction observation shall include, at the discretion of the City, part or full time inspection of proposed public utilities and street construction. Services will be billed by the City on an hourly basis. The direction and review provided by the City through the inspection of the Subdivision Improvements should not be considered a substitute for the Developer-required management of the construction of the Subdivision Improvements. The Developer must require the Developer’s 6 522975v2 SJS LA515-36 contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to the commencement of construction of each type of Subdivision Improvement. The City shall inspect all Developer-installed Subdivision Improvements during and after construction for compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The Developer will notify the City at such times during construction as the City requires for inspection purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or joint venture relationship between the City and the Developer is thereby created. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25 percent ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the Subdivision Improvements identified in Paragraph 8 above. 11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision Improvements by October 31, 2018, with the exception of the final wear course of asphalt on streets. The Developer shall install the bituminous wearing course of streets after the first course has weathered a winter season, consistent with warranty requirements, however, final acceptance of the Subdivision Improvements by the City will not be granted until all work is completed, including the final wear course. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the Security posted by the Developer to reflect cost increases and amending this Agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads 7 522975v2 SJS LA515-36 and alleys until the Subdivision Improvements are accepted by the City in writing. The Developer is also responsible to locate all underground utilities until the Subdivision is accepted in writing by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed by the Developer. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable for traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street from the Developer’s operations. The Developer shall contract for street cleaning for streets within and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take place on a weekly basis. Prior to the City’s acceptance of the streets the City may agree, at the City’s sole discretion, to keep the streets open during winter months by plowing snow. The City will consider snow plowing streets on a case-by-case basis and under the following conditions: 1) the Developer must request in writing the streets it is requesting to be plowed by the City, with such request received prior to October 1st of each winter season that plowing is requested; 2) there must be residences along the street; 3) for streets that do not have the bituminous wear course placed, the Developer must install paved wedges along all curb lines and catch basins of the street; 4) gate valves and manholes must be level with the pavement surface; 5) street curves, center medians, and other protrusions in the right-of-ways must be delineated with “HI-VIS” fiberglass stakes; 6) a site review must be scheduled by the Developer and conducted with the City’s Public Works Department with the Developer in attendance to review the streets that are being requested to be plowed prior to the commitment of plowing by the City; 7) the Developer must agree not to hold the City responsible for any damage caused by snow plowing operations 8 522975v2 SJS LA515-36 to the streets, curb and gutter, manholes, catch basins or other infrastructure; and 8) the Developer shall enter into an agreement with the City for plowing of the streets. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with the development of the Property and this Agreement. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the Subdivision via 33rd Street North and the Village Parkway. No construction traffic is permitted on other adjacent local streets. 15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the Subdivision Improvements in a sequence which will allow progress and compliance points to be measured and evaluated. The Developer and the Developer’s representatives are required to supervise and coordinate all construction activities for all Subdivision Improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs. 16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall be completed in a manner designed to control erosion and in compliance with the City Code, the City’s Engineering Design and Construction Standards Manual, all watershed district permits, the Minnesota Pollution Control Agency’s best management practices, and other requirements including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate storm sewer system program. Prior to initiating any work on the site, an erosion control plan must be implemented by the Developer and inspected and approved by the City. Erosion and sediment control measures shall be coordinated with the various stages of development. The City may impose additional erosion control requirements at any stage in development as deemed necessary to maintain a compliant site. All areas disturbed for site improvements must be reseeded by the Developer promptly after the work in the area is complete unless construction of 9 522975v2 SJS LA515-36 the next stage of the improvements will begin in that area within seven days. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 10 days, the City may draw down the Security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued by the City unless the Subdivision is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public Subdivision Improvements, the Developer assumes all responsibility for erosion control compliance throughout the Subdivision and the City may take such action as allowed by this Agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City’s building permit requirements, or as required by the City or City Engineer. 17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise prepare the Property for development, it will be necessary for the Developer to grade the Subdivision. All grading must be done in compliance with this Agreement and the approved grading plans. Within 30 days after completion of the grading, the Developer shall provide the City with an “as built” grading plan and a certification by a registered land surveyor or engineer as required in the City’s Engineering Design and Construction Standards Manual. 18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers, water main, and streets, including turn lane and intersection improvements, shall be installed in accordance with the approved Plans, the City approvals, the City Code, and the City’s 10 522975v2 SJS LA515-36 Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work on the site shall be completed in accordance with the approved Plans. Once the work is completed, the Developer or the Developer’s representative shall submit a written request to the City asking for an inspection of the initial improvements. The City will then schedule a walk- through to create a punch list of outstanding items to be completed. Upon receipt of the written punch list provided by the City, the punch list items must be completed by the Developer and the City notified to re-inspect the improvements. The final bituminous wear course shall be installed by the Developer after the first bituminous course has weathered a winter season. Prior to placement of the final bituminous wear course, the Developer shall repair or replace all broken or failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-wear course walk through inspection. 19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS. A. The Developer agrees to install landscaping in accordance with the approved Plans, the City approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and the City’s Landscape and Irrigation Standards. All landscaping materials such as trees, shrubs, grasses, or other vegetation installed by the Developer must be warrantied and maintained for a period of two years. The two year warranty period shall be deemed to start once all required landscaping identified as responsibility of Developer in the approved Plans has received acceptance by the City. The Developer agrees to have the installer of the landscaping complete an inspection 30 days prior to the end of the two year warranty period and provide the City with a written report identifying the condition of all landscaping. In the event any landscaping installed by the Developer is deemed to be in poor condition or dead, the Developer is to replace the landscaping with like kind materials or as otherwise approved by the City. 11 522975v2 SJS LA515-36 B. The Developer shall be responsible for maintaining regular watering, fertilizing, and over-seeding necessary to establish final lawns and yards as identified in the approved Plans for outlots, public rights-of-way, and any disturbed areas outside the Subdivision boundaries according to a landscape maintenance plan approved by the City. The Developer agrees to achieve “substantial performance” on all seeded or sodded lawns and yards disturbed during the construction of Subdivision Improvements. For the purpose of this Agreement, “substantial performance” shall be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf areas with an average blade height of three inches free of eroded, bare, or dead spots and free from perennial weeds or unwanted grasses with no visible surface soil.” For areas seeded with a native grass or flower mix, “substantial performance” shall be defined as “square foot native grass or flower areas with an average height of eight inches free of eroded, bare, or dead spots and no visible surface soil.” 20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to install street signs, traffic and parking signs, and pavement markings within the Subdivision all in accordance with the approved Plans and the City Engineering Design Standards Manual. Street and traffic sign details shall be submitted by the Developer to the City for approval prior to installation. In addition, the Developer shall be responsible for the cost and all coordination work to extend private utilities along with street lighting within the Subdivision all in accordance with the approved plans and right-of-way permits. 21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the Subdivision Improvements lying within public easements shall become City property. Prior to acceptance of the public Subdivision Improvements by the City, the Developer must furnish the City with a complete set of reproducible "record" plans and an electronic file of the "record" plans in accordance with the City’s Engineering Design and 12 522975v2 SJS LA515-36 Construction Standards Manual together with the following affidavits: - Developer/Developer Engineer’s Certificate - Land Surveyor’s Certificate certifying that all construction has been completed in accordance with the terms of this Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and affidavits, and upon review and verification by the City Engineer that the public Subdivision Improvements have been completed in accordance with the terms of this Agreement, the City Engineer will accept the completed public Subdivision Improvements. 22. PARK DEDICATION. The Developer has previously satisfied park dedication requirements for all the area to be platted within the Easton Village Preliminary Plat as part of the Easton Village 3rd Addition Development Agreement. No fees in lieu of land dedication are required for this subdivision. 23. VILLAGE AREA AUAR FEE. The Developer shall be responsible for the payment of the Village Area Alternative Urban Areawide Review (AUAR) fee as adopted by the City Council with respect to the environmental review completed by the City. The Village Area Alternative Urban Areawide Review (AUAR) fee in the amount of $230.00 per REC shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $5,750.00 24. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements required by the City and any state or metropolitan government agency. The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is: $72,000.00. The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by 13 522975v2 SJS LA515-36 the Developer to the City prior to recording the final plat. The total amount to be paid by the Developer is: $72,000.00. In addition, a sewer connection charge in the amount of $1,000.00 per REC, a Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water connection charge in the amount of $1,000.00 per REC will be payable by the Developer and collected by the City at the time the building permit is issued for each lot. 25. STREET LIGHTS. The Developer is responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a Security for street light installation consistent with the approved plan. The required Security is $12,000 and consists of two decorative lights at $6,000 each. The Developer shall also pay the City $129/light ($258.00) to reimburse the City for the first year operating costs for the street lights. 26. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration in accordance with the approved Plans and in accordance with any applicable Watershed or agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful, the City may draw down the Security at any time during the warranty period to perform the work if the Developer fails to take corrective measures after being provided reasonable notice by the City. 27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permit shall be issued for any lot within the Subdivision, or within a completed phase of the Subdivision in a City preapproved phasing plan, until such time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has been installed and tested for all public streets; boulevard grading has been completed within the entire right-of-way (without hold down grading for the future sidewalk or any other improvements); street and traffic control signs are installed; property 14 522975v2 SJS LA515-36 monuments have been installed; grading as-built plans have been submitted and approved by the City; and removal and reconstruction of the temporary road access from 34th Street North to the Village Parkway is completed. A “preapproved phasing plan” is defined as a phased construction plan that has been submitted by the Developer and approved by the City in advance of the preconstruction meeting for the Subdivision. Once the construction has started, the City will not consider revisions to the phasing plan for the purpose of issuing building permits. B. Issuance of a single building permit for a “model home” may be authorized by the City Planning Director prior to the completion of the Subdivision Improvements described in paragraph 27 (A) above, if there is safe public access to the lot that is sufficient to allow construction to proceed and there is a grading as-built plan approved by the City for the lot and all downstream storm water drainage facilities. However, the City will not issue a certificate of occupancy for any “model home” until all conditions identified in paragraph 27 (A) above have been completed. The Developer shall use the model home only for real estate sales purposes and no other purposes. C. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City’s zoning ordinance. The monument design shall be approved by the Planning Department. D. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, certificates of occupancy, and withholding of other permits, inspection or actions and the halting of all work in the Subdivision. E. If building permits are issued prior to the acceptance of the public Subdivision Improvements by the City, the Developer assumes all liability and costs resulting in 15 522975v2 SJS LA515-36 delays in completion of public Subdivision Improvements and damage to public Subdivision Improvements caused by the City, Developer, the Developer’s contractors, subcontractors, materialmen, employees, agents, or any third parties. F. If building permits are issued prior to the construction of front yard sidewalks or trails, the Developer assumes all responsibility for the coordination, liability and costs to: 1) ensure that the sidewalks and trails are constructed prior to any driveways for any lots with sidewalks or trails; 2) that the sidewalks and trails are constructed continuously from end of street to end of street without exceptions or gaps in the sidewalk or trail; 3) that there is a stop work order on all building construction for impacted lots during the sidewalk and trail construction and curing periods to prohibit traffic prior to City approval; and 4) that all boulevard grading and restoration re-work is completed immediately following the sidewalk or trail construction. G. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. 28. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this Agreement has been performed and the amounts due to them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall 16 522975v2 SJS LA515-36 retain jurisdiction to determine attorneys' fees pursuant to this Agreement. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to legal, planning, engineering, and inspection expenses incurred in connection with the City’s approval and acceptance of the plat and the Subdivision, the preparation of this Agreement, the City’s review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. All amounts incurred and due to the City at the time of the recording of the final plat must be fully paid by the Developer prior to the City executing and releasing the final plat for recording. C. The Developer shall hold the City and its officials, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the City’s approval of the plat and the development of the Subdivision. The Developer shall indemnify the City and its officials, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within 30 days after receipt. Bills not paid within 30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City 17 522975v2 SJS LA515-36 and its consultants. 29. RAILROAD CROSSING IMPROVEMENTS. The Developer shall be required to pay for a portion of the costs to secure, build and install a public rail crossing at the intersection of Village Parkway and Union Pacific Railroad to specifications required by the City, the Minnesota Department of Transportation, the Union Pacific Railroad and any other regulatory agency having jurisdiction over the crossing and the track in accordance with the specifications of the City. The Developer’s portion of these costs shall be calculated based on the percentage of the overall number of Residential Equivalency Connection (REC) units planned for developments that will directly access the Village Parkway minor collector road between Washington County Highway 14 and 30th Street divided by the estimated overall project costs. The City will request that all future development projects connecting directly to Village Parkway contribute towards said crossing improvement. The Developer shall provide all property in fee or easements as required by the City that is necessary to establish the railroad crossing. The Developer paid $63,000 out of the estimated $193,000 to the City for its share of the estimated cost railroad crossing improvements with the final plat of Easton Village 1st Addition, $16,902 with the final plat of Easton Village 2nd Addition, and $24,897 with the final plat of Easton Village 3rd Addition. A. The amount of the cash payment for Easton Village 4th Addition shall be $21,230.00, which was calculated as follows: $193,000 (Easton Village’s share of the estimated project costs multiplied by 11% (24 Lots / 217 Lots in all phases) = $21,230.00. B. The calculation for future railroad crossing costs has been determined as follows: Parcel ID(s) Percentage Total Costs Easton Village 13.029.21.14.0002 13.029.21.42.0001 13.029.21.41.0001 38.6% $193,000 18 522975v2 SJS LA515-36 13.029.21.13.0001 13.029.21.43.0004 13.029.21.44.0002 17.8% $89,000 13.029.21.12.0001 13.029.21.14.0002 30.2% $151,000 13.029.21.24.0001 13.4% $67,000 Totals 100% $500,000 C. If the construction amount of the railroad crossing installation exceeds $500,000, the additional cost shall be allocated proportionally to the parcels listed above upon consent of all property owners and the City. The City may participate in the additional costs of construction of the railroad crossing if it is deemed to be necessary as a matter of public safety. 30. CITY PAYMENTS. The City shall reimburse the Developer in the amount of $5,280.00 for oversizing costs associated with the installation of 12 inch water main as identified on the Plans. City payments shall be made within 30 days of the City’s final acceptance of the Improvements, but only if the Developer is not in default of this Agreement. This payment by the City shall be the City’s only responsibility with regard to construction of the Improvements and in no case shall act as a waiver of any other right of the City under this Contract or under applicable laws, ordinances or rules. 31. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision: A. Implementation of the recommendations listed in the April 16, 2018, Engineering memorandum. B. The Developer shall install a temporary turnaround on the north end of Lilac Avenue until it is extended to the north with a future phase of the development. C. The Developer shall maintain the temporary road access from 34th Street North to the Village Parkway until such time that a permanent secondary access street is 19 522975v2 SJS LA515-36 constructed with a future phase of the development. D. The Developer must obtain a sign permit from the City Building Official prior to installation of any subdivision identification signs. E. All public trails shall be located within outlots, be at least 30 feet in width, and either be dedicated to the City in the plat or an easement in a form acceptable to the City be provided. The title policy to be provided to the City shall insure the City’s interests in this property. F. The Developer shall enter into a Landscape License Agreement with the City that clarifies the individuals or entities responsible for maintenance of any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. G. The temporary access connecting 34th Street North to Village Parkway shall be maintained until a permanent secondary access street is constructed with future phases of the development. 32. MISCELLANEOUS. A. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property, or any portion of it. B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed 20 522975v2 SJS LA515-36 before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Legal documents regarding homeowner association declarations, covenants, and restrictions shall be submitted to the City prior to recording of the final plat for review and approval by the City Attorney. D. The Developer shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public Subdivision Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,500,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,500,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days’ advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this Agreement. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. 21 522975v2 SJS LA515-36 The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. H. This Agreement shall run with the land and may be recorded against the title to the Property at the Developer’s expense. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Property being final platted and has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property, including, but not limited to, mortgagees; that there are no unrecorded interests in the Property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the Subdivision and the Subdivision Improvements comply or will comply with all City, County, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Subdivision is not in compliance, the City may, at its option, refuse to allow construction or development work in the Subdivision until it is brought into compliance. Upon the City’s demand, the Developer shall cease work until there is compliance. 33. EVENTS OF DEFAULT. The following shall be "Events of Default" under this 22 522975v2 SJS LA515-36 Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Subject to unavoidable delays, failure by the Developer to commence and complete construction of the public Subdivision Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 34. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: A. The City may suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that Developer will cure its default and continue its performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from the Developer, or immediately draw on the Security, as set forth in this Agreement. 35. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. In the event of a default by the Developer as to construction or repair of any of the Subdivision Improvements or any other work or undertaking required by this Agreement, the City may, at its option, perform the 23 522975v2 SJS LA515-36 work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Subdivision for such purposes. If the City does such work, the City may, in addition to its other remedies, levy special assessments against the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements, and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081. The Developer also acknowledges that its failure to perform any or all of the Developer’s obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. 36. WARRANTY. During the warranty period, the Developer warrants that all Subdivision Improvements will be free from defects and that they will continue to meet all technical specifications and standards. During the warranty period, the Developer agrees to repair or replace any Subdivision Improvement, or any portion or element thereof, which shows signs of failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective Subdivision Improvement during the warranty period, the City may repair or replace the defective portion and may use the Security to reimburse itself for such costs. The Developer agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made within 45 days of the date upon which the City notifies the Developer of the cost due under this 24 522975v2 SJS LA515-36 paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers if the Developer fails to make required payments to the City. The Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes, Chapter 429. A. The required warranty period for all work relating to the public sewer and water shall be two years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be one year from the date of final written City acceptance of the work. C. The required warranty period for sod, trees, and landscaping shall be two years from the date of final written City acceptance of the installation. 37. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of special assessments, payment of the costs of all public Subdivision Improvements, and construction of all public Subdivision Improvements, the Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a combination of a cash escrow and letter of credit (the “Security") in the amount of $640,439. The bank originating the letter of credit shall be determined by the City to be solvent and creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and must be approved by the City. The amount of the Security was calculated as itemized on Exhibit C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the Developer and the Developer shall provide to the City within 45 days a substitute for the letter of 25 522975v2 SJS LA515-36 credit from another bank meeting the City’s requirements. If the Developer fails to provide the City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City, the City may draw under the existing letter of credit. This breakdown is for historical reference; it is not a restriction on the use of the Security. The City may draw down the Security, without notice, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required public Subdivision Improvements are not completed at least 30 days prior to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be used by the City to cure the default. 38. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve reductions in the Security in the following instances: A. Up to 75 percent of the Security associated with the itemization on Exhibit C may be released upon completion of the following key milestones of the project as determined by the City Engineer: 1. Construction Categories 2 and 3: The amount of $182,262 may be released when all sanitary sewer and water main utilities have been installed, all testing and televising has been successfully completed, sanitary sewer as-built inverts have been verified, and the utilities are considered ready for use by the City Engineer. 2. Construction Categories 4 and 5: The amount of $239,795 may be released when all streets, sidewalks, and storm sewer have been installed and tested, and have been found to be complete to the satisfaction of the City Engineer including all corrective work for any identified punch list items and including 26 522975v2 SJS LA515-36 verification of storm sewer as-built inverts, but not including the final wear course. 3. Construction Categories 6-10 and 14-17: The amount of $39,366 may be released when all remaining Developer’s obligations under this Agreement have been completed including: (1) bituminous wear course; (2) street lighting and private utilities; (3) trails; (4) bio retention facilities; (5) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans in the form of the City standards have been received and approved by the City; and (5) the public Subdivision Improvements are accepted by the City Engineer and the City Council. 4. Construction Categories 11, 12 and 13: The amount of $14,906 may be released when landscaping Subdivision Improvements have been installed to the satisfaction of the City including all corrective work for any identified punch list items. B. Twenty-five percent of the original Security amount, excluding grading and landscaping improvements shall be retained until: (1) all Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. C. Twenty-five percent of the original Security amount associated with landscaping shall be retained by the City until: (1) all landscaping Subdivision Improvements have been fully completed and accepted by the City, including all corrective work and warranty punch list items being completed by the Developer; (2) all financial obligations to the City have been satisfied; and (3) the warranty period has expired. D. In addition to the above project milestone based Security reductions, the Developer may submit a written request and upon receipt of proof satisfactory to 27 522975v2 SJS LA515-36 the City Engineer that work is progressing in accordance with the approved Plans and the terms of this Agreement and that all financial obligations to the City have been satisfied, the City Engineer may approve a one-time reduction in the Security for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial Security amount. This one-time Security reduction does not apply to Categories 4-5 if boulevard sidewalks or trails have not been installed. E. It is the intent of the parties that the City at all times have available to it Security in an amount adequate to ensure completion of all elements of the Subdivision Improvements and other obligations of the Developer under this Agreement, including fees or costs due to the City by the Developer. To that end and notwithstanding anything herein to the contrary, all requests by the Developer for a reduction or release of the Security shall be evaluated by the City in light of that principle. 39. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Agreement which must be paid to the City prior to recording the final plat: Sewer Availability Charge (SAC): $72,000 Water Availability Charge (WAC): $72,000 Park Dedication: $0 AUAR Fee: $5,520 Railroad Crossing: $21,230 Special Assessments Due: $0 Street Light Operating Fee: $258 City Base Map Upgrading ($25.00 per REU): $600 City Engineering Administration Escrow: $50,000 TOTAL CASH REQUIREMENTS: $221,608 40. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 2140 County Rd 42 W, Burnsville, MN 55337. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by 28 522975v2 SJS LA515-36 certified mail in care of the City Administrator at the following address: Lake Elmo City Hall, 3880 Laverne Avenue N. Lake Elmo, Minnesota 55042. 41. EVIDENCE OF TITLE. The Developer shall furnish the City with evidence of fee ownership of the property being platted by way of a title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. 42. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, ordinances, regulations, and directives of the state of Minnesota and the City applicable to the Subdivision. This Agreement shall be construed according to the laws of the Minnesota. 43. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 44. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 45. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. 29 522975v2 SJS LA515-36 30 522975v2 SJS LA515-36 CITY OF LAKE ELMO By: ____________ __________________ Mike Pearson Its: Mayor By: __________________ _____________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by Mike Pearson and Julie Johnson, the Mayor and City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 31 522975v2 SJS LA515-36 CHASE DEVELOPMENT INC. By: ___________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___, day of _________________, 20___, by Chase Development Inc., the _______________________of Chase Development Inc. on behalf of the corporation. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 32 522975v2 SJS LA515-36 FEE OWNER CONSENT TO DEVELOPMENT AGREEMENT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 2 . STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of _____________, 20___. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 33 522975v2 SJS LA515-36 MORTGAGE CONSENT TO DEVELOPMENT AGREEMENT , which holds a mortgage on the Property, the development of which is governed by the foregoing Development Agreement, agrees that the Development Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 . STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of ________________, 20___, by _______________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 34 522975v2 SJS LA515-36 CONTRACT PURCHASER CONSENT TO DEVELOPMENT AGREEMENT , which/who has a contract purchaser's interest in all or part of the Property, the development of which is governed by the foregoing Development Agreement, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the Property in which there is a contract purchaser's interest. Dated this ___ day of ________________, 20___. STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of _______________, 20___, by ________________________________________________________________. NOTARY PUBLIC DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 A-1 522975v2 SJS LA515-36 EXHIBIT A TO DEVELOPMENT AGREEMENT Legal Description of Property Being Final Platted Outlot C, Easton Village 3rd Addition, Washington County, Minnesota, according to the recorded plat thereof. B-1 522975v2 SJS LA515-36 EXHIBIT B TO DEVELOPMENT AGREEMENT List of Plan Documents The following documents prepared by Erickson Civil collectively constitute the Plans: THOSE DOCUMENTS BY AS FOLLOWS: SHEET TITLE REVISION DATE 1 of 20 Title Sheet 2 of 20 Existing Conditions 3 of 20 Erosion Control Plan 4 of 20 Grading Plan 6 of 20 Site Layout/Lighting and Signage Plan 7-8 of 20 Street Plan & Profile 9-11 of 20 Sanitary Sewer & Watermain Profile 12-13 of 20 Storm Sewer Plan & Profile 14-20 of 20 Details L1 Landscape Plan 3/5/2018 L2 Landscape Details 3/5/2018 C-1 EXHIBIT C TO DEVELOPMENT AGREEMENT Subdivision Improvements Cost/Security Amount Estimate CONSTRUCTION CATEGORY COST 125percent 1 Grading 0 $0 2 Sanitary Sewer $74,754 $93,443 3 Watermain $123,925 $154,906 4 Storm Sewer (includes pond structures and outfall pipes) $109,294 $136,618 5 Streets and Sidewalks $146,487 $183,109 6 Trails $0 $0 7 Surface Water Facilities (ponds, infiltration basins, other BMPs) $0 $0 8 Street Lighting $12,000 $15,000 9 Street and Traffic Signs $700 $875 10 Private Utilities (electricity, natural gas, telephone, and cable) $0 $0 11 Landscaping Improvements $15,900 $19,875 12 Tree Preservation and Restoration $0 $0 13 Wetland Mitigation and Buffers $3,000 14 Monuments $2,400 $3,000 15 Erosion and Sedimentation Control $21,890 $27,363 16 Miscellaneous Facilities $0 $0 17 Developer’s Record Drawings $5,000 $6,250 TOTALS $512,350 $640,439 D-1 EXHIBIT D TO DEVELOPMENT AGREEMENT Location of Railroad Crossing [to be added] D-C-2 522975v2 SJS LA515-36 FORM OF IRREVOCABLE LETTER OF CREDIT No.__________________ Date: ________________ TO: City of Lake Elmo Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___, of (Name of Bank)" ; b) Be signed by the Mayor or City Administrator of the City of Lake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 20___. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3880 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-057 A RESOLUTION APPROVING A DEVELOPER’S AGREEMENT FOR THE EASTON VILLAGE 4TH ADDITION FINAL PLAT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Chase Development, 2140 West County Road 42, Burnsville, MN (“applicant”) has previously submitted an application to the City of Lake Elmo (“City”) for a Final Plat for Easton Village 4th Addition Planned Unit Development; and WHEREAS, the Lake Elmo Planning Commission considered the Easton Village Sketch Plan at its January 27, 2014 meeting; and WHEREAS, the Lake Elmo City Council approved the Easton Village Preliminary Plat and on July 15, 2014; and WHEREAS, the Lake Elmo City Council adopted Resolution 2018-056 on May 15, 2018 approving the Final Plat for Easton Village 4th Addition; and WHEREAS, a condition of approval of said Resolution 2018-056 , establishes that prior to execution of the Final Plat by City officials, the Applicant shall enter into a Developer’s Agreement with the City; and WHEREAS, the Applicant and the City have agreed to enter into such a contract and a copy of the Developer’s Agreement was submitted to the City Council for consideration at its May 15, 2018 meeting; NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Developer’s Agreement for Easton Village 4th Addition PUD and authorizes the mayor and city Clerk to execute the document. Passed and duly adopted this 15th day of May, 2018 by the City Council of the City of Lake Elmo, Minnesota. ________________________________________ Mike Pearson, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk