HomeMy WebLinkAboutNov 17th 2009 Council packet P71 L
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota
November 17, 2009
7:00 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE:
C. ATTENDANCE:_Johnston DeLapp_Emmons, Park Smith
D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City
Council will do its business.)
E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings
so everyone attending the meeting or watching the meeting understands how the j
City Council does its public business.)
F. GROUND RULES: (These are the rules of behavior that the City Council
adopted for doing its public business.)
G. APPROVE MINUTES:
1. Approval of the November 4, 2009 City Council minutes
H. PUBLIC COMMENTSJINQUIRIES: In order to be sure that anyone wishing to
speak to the City Council is treated the same way, meeting attendees wishing to
address the City Council on any items NOT on the regular agenda may speak for
up to three minutes.
I. CONSENT AGENDA: (Items are placed on the consent agenda by City staff and
the Mayor because they are not anticipated to generate discussion. Items may be
removed at City Council's request.)
2. Approve payment of disbursements and payroll
3. Consider request from Thomas Dufresne for extension to variance request,
approved on June 19, 2007 until December 9, 2009 for 8961 37`h St. N.
4. Adopt Ordinance No. 08-020 repealing moratorium on wireless
telecommunication towers j
5. Authorization of Geotechnical Services for the 2010 street and water quality
improvements feasibility report
6. 2009 Street Improvements, Partial Payment No. 3
7. Authorization support for State Bonding Funds for the design and
construction of an East Metro Regional Firefighter Training Facility;
Resolution No. 2009-044
8. Approve contractors application for payment and change order#1 for
Carriage Station picnic shelter project
9. Approve grant agreements with the State of Minnesota DNR for Sunfish
Lake Park Prairie Restoration Project and Swifish Lake Park Natural
Resource Management Plan
J. REGULAR AGENDA:
I.
10. Response to the Metropolitan.Council on 2030 Comprehensive Plan Update
11. Consider developer's request for an extension of the completion deadline
for Whistling Valley, 1, II, III
12. Authorization to proceed with formulation of 2010 Street Assessments and
Overall Update of City Assessment Policies by Finance Subcommittee
IC, REPORTS AND ANNOUNCEMENTS:
(These are verbal updates and do not have to be formally added to the agenda..
• Mayor and City Council
• Administrator
• City Engineer
a. Resident rain garden workshop, December 2nd
+ Planning Director
L. Adjourn
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota
November 17, 2009
7:00 p.m.
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE:
C. ATTENDANCE: Johnston DeLapp___Emmons, Park Smith
D APPROVAL OF AGENDA: (The approved agenda is the order in which the City
Council will do its business.)
E; ORDER OF BUSINESS:. (This is the way that the City Council runs its meetings
so everyone attending the meeting or watching the meeting-understands how the
City Council does its public business.)
F: GROUND RULES: (These are the rules of behavior that the City Council
adopted for doing its public business.)
G. APPROVE MINUTES:
1. Approval of the November 4, 2009 City Council minutes
H: PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to
speak to the City Council is treated the same way, meeting attendees wishing to
address the City Council on any items NOT on the regular agenda may speak for
up to three minutes.
I. CONSENT AGENDA: (Items are placed on the consent agenda by City staff and
the Mayor because they are not anticipated to generate discussion. Items may be
removed at City Council's request.)
2. Approve payment of disbursements and payroll
3. Consider request from Thomas Dufresne for extension to variance request,
approved on June 19, 2007 until December 9,2009 for 8961 37" St.N.
4. Adopt Ordinance No. 08-020 repealing moratorium on wireless
telecommunication towers
5. Authorization of Geotechnical Services for the 2010 street and water quality
improvements feasibility report
6. 2009 Street Improvements, Partial Payment No. 3
7. Authorization support for State Bonding Funds for the design and
construction of an East Metro Regional Firefighter Training Facility;
Resolution No. 2009-044
8. Approve contractors application for payment and change order#1 for
Carriage Station picnic shelter project
9. Approve grant agreements with the State of Minnesota DNR for Sunfish
Lake Park Prairie Restoration Project and Sunfish Lake Park Natural
Resource Management Plan
J.: REGULAR AGENDA:
10. Response to the Metropolitan Council on 2030 Comprehensive Plan Update
I L Consider developer's request for an extension of the completion deadline
for Whistling Valley, I, II, III
12. Authorization to proceed with formulation of 2010 Street Assessments and
Overall Update of City Assessment Policies by Finance Subcommittee
K. REPORTS AND ANNOUNCEMENTS:
(These are verbal updates and do not have to be formally added to the agenda.)
• Mayor and City Council
• Administrator
• City Engineer
a. Resident rain garden workshop, December 2nd
• Planning Director
L. Adjourn
City of Lake Elmo
City Council Minutes
November 4,2009
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith
(departed
Also Present: City Administrator Messelt,Planning Director Klatt, City Engineer
Griffin, Attorney Snyder, Finance Director Bouthilet and City Clerk Lumby
APPROVAL OF AGENDA: 9
MOTION: Council Member DeLapp moved to approve ., ltlove�tber 4, 2009 City
Council
.;
n it Agenda as presented. Council Member SmithA-.-- onded t t, otian. The motion
passed 5-0. _
ORDER OF BUSINESS:
GROUND RULES:
APPROVED MINUTES: ='
The October 20, 2009, City_. urrcil tes Wuere approved by consensus.
PUBLIC COMMENTS/INQ ='8: None�~
_ av
CONSENT AGE- A: a -h-
�.P,
MOTION. Counc ember Prk moved to approve the Consent Agenda as presented.
Council. Member DeLapp sgewided the motion. The motion passed 5-0.
• Approve payment-of disbursements and payroll in the amount of$103,321,94
• Approved Resolution No. 2009-042 allowing detached garage closer to road
right-of-way for Robert Bliss at 7910 DeMontreville Trail N.
REGULAR AGENDA:
Hiring
. of Public Works Maintenance Operator
Bruce Messelt, City Administrator,reported G.T. Magnuson,who has served the City
Public Works for six years,will be leaving the City to work for Lake County Highway
Dept in Two Harbors, MN. The City advertised and received 220 applications for the
Public Works Maintenance Operator position. Interviews for the top five candidates took
place'on Friday, October 29 and on Tuesday,November 3ra
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 1
c
Based on the interviews,the City Administrator asked for City approval to make an offer
of employment to one of the top candidates for the position of Public Works Maintenance
Operator, consistent with current City employment policies and procedures, the approved
2009 4nd projected 2010 General Fund budgets and contingent upon completion of an
appropriate check of references and background investigation.
MOTION: Council Member DeLapp moved to authorize the City Administrator to
approve an offer of employment; to the successful candidate, as Public Works
Maintenance Operator, consistent with the already-budgeted compensatory parameters
for this position and contingent upon completion of reference checks and an appropriate
background investigation. Council Member Park seconded the motion. The motion.
passed 5-0.
Adopt Ordinance No. 08-018, amending Section 50.40 regarding water use restrictions
Bruce Messelt, City Administrator, reported the Citye Y9 �cil is berig_masked to consider
adoption of the Ordinance 08-018 that would impudent certain water onservation
measures for the municipal water system.
Y .o
City Engineer Griffin explained this ordinance has U Wdrafted in response to (1) comply
with the recently adopted Water Supply PI d assoai ied regulations administered by
the Department of Natural Resources; (2) rpmbt6 east opting practices within the
municipal water system; and(3) minimizer"systm well and storage facility
requirements on a City-wide basdW
The City Engineer had re usl . Statutes 103G.291 requires
uires
public water suppliers servirgn90an 6,6*people to employ water use reduction
measures and implem'Oft'-a eons nation rate structure which must be implemented by
January 1, 2010p
�m a
An article on wA4nconservatib7b rates will be in the City newsletter, noticed in he water
bills, The City AdininstratoWill explore the reverse phone system alerting water users
of the,water eonservaffl s. The implementation of these water conservation
measures will be reviewaand the legality to extend these measures to private wells will
be explored.
MOTION: Council Member DeLapp moved to adopt Ordinance 08-018, Amending
Section 5040 of the City Code Implementing Water Conservation.Measures for the
Municipal Water System. Council Member Park seconded the motion. The motion
passed 5-0.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 2
Approval of 2010 water conservation rates
Bruce Messelt, City Administrator,reported Minnesota Statute 106G.291 requires public
water.suppliers serving more than 1,000 consumers to adopt a conservation water rate
stricture by January 1, 2010.
Tom Bouthilet,Finance Director provided the City Council with three draft scenarios for
review. While the Council indicated a preference for scenario#3 at the October 27,
workshop and directed staff to proceed accordingly, a fourth scenario was also still under
construction,with no base charge and a pure ad valorum rate structure.
MOTION: Council Member Smith moved to adopt a water conservation rate structure
for 2010, as depicted in Scenario#3 attached herein, Mayor Johnston seconded the
motion. The motion passed 5-0. q4 3
Ado t Ordinance No. 08-019, Wireless Telecommunicatt4_02 ce Resolution N .
2009-043 _ o__
Kyle Klatt, Planning Director, reported the city ncil wprovided AIN a copy of the
most recent Planning Commission report regarding the W'ff'6less Communications
Ordinance at its October 27,2009 worksho P. The changes that were requested by the
Council during the workshop were incor rated into the >� dated draft. The Council is
being.asked to approve the proposed ordui cc, as arnended Tand repeal the moratorium
on the construction of new wireless telecommunicat on fidwer, currently in effect.
Council Member DeLapp was z2ot in 9&ndance at the October 27 'workshop;therefore,
at the'Council meeting he 60marizp� i4rgcs to the ordinance.
Jim Blackford, 9765._45 :S;treet*Ti-:stated he would the requests to come in front of the
Council to consider I eepir cl e of neighborhood and the visual impact of the
tower area notifiecl. }�
MOTION: Council° ember'_Q"Lapp moved to approve 08-019 amending the wireless
communications ordiriandas amended by the Planning Director and including the
comments that would strAkthen the original intent of the ordinance provide by Council
Member DeLapp, effective upon the publication and effective date of Ordinance 08-019,
Council Member Park seconded the motion. The motion passed 5-0.
MOTION: Council Member DeLapp moved to approve Resolution No. 2009-043
authorizing publication of Ordinance No. 08-019 by Title and Summary. Council
Member Park seconded the motion. The motion passed 5-0.
MOTION; Council Member Park moved to direct the City Attorney to draft an ordinance
to repeal Ordinance 08-012 establishing a moratorium on the construction of new
wireless telecommunications tower, currently in effect. Council Member DeLapp
seconded the motion. The motion passed 5-0.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 3
Reports:
There was consensus of the Council to authorize Administrator Messelt to pursue
legislative changes supporting PEG, bonding possibilities and changes for approval of
liquor. licenses.
The meeting adjourned at 8:28 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
w=
LADE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 4
City Council
11/17/2009
CONSENT
Item: 2
MOTION
AGENDA ITEM: Approve disbursements in the amount of: $ 432,590.15
SUBMITTED BY: Tom Bouthilet, Finance Director
THROUGH: Bruce A Messelt,City Adminstratot6b
Claim # Amount Description
ACH $ 6,915.99 Payroll Taxes to IRS 11/05/2009
ACH $ 1,166.36 Payroll Taxes to Mn Dept.of Revenue 11/05/09
DD2479 - DD2492 $ 19,997.55 Payroll Dated 11/05/2009 (Direct Deposit)
34913 - 34916 $ 181,552.42 Payroll Dated 11/05/2009 (Payroll)
34917 - 34977 $ 385,957.83 Accounts Payable Dated 11/17/2009
Total: $ 432,590.15
SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements
in the total amount of $432,590.15
�t o C o p o 0 0 -
C 0 0 0 o S 0 0
� L
a
v z z z z z z z
I
v
a
F
a
u
C
v
L
w K
C (U
t y ¢ Q
i
V , td W
_ .Y x x
O
:+ to
•y O c� N 4) y 4C
C C id
.�+ 0 0 0 0 0 0 0
N N N N N N N
O O O O O O 0
C4
7
a
C O O O n n N N r- � � n 00 � N N O�
[� l� N N M [� CN N 11 M6 M
[� N M M N
Q
dp :JJ
�1 CO
h U •• U Or
'0 FFo Eo- o Eo- o F 'd[-o Fo- „'
aN N Up U G Mu y • a
Nte O N kn
N
CN
OMO OMO C
a � :y C7, tC 0 0 M
F a � 00a � 00C, ooa � o a o y00 N
CD O v1 C O ,A 'A? C y �o O ) O �?
C, O O is OV] O o � O . O F. ap , p
N N �O N N W N
�
N _ au Vou o= c � cQ c � o �
p 0 O N O O — 0 N OO 0 G
.� O C
N ¢ M ��-. M M M M M M
^ o d o Nao ¢ moo no to °Oo no
O L' 00
O N O a 0 --0 N O N O O N O N O l
-- c - `¢ ^ ¢ mo — �o ^ %o ^ .o — .o .
0 0 0 �i
Cl
o o g g CP
O
W
z z z
O
w
H
E�
u � �
e«. �?
00
4J Ri U •� Vj N
a+
q O O Q O 6
A
y+- q O P O O O
C O O O Cl O
a
A N 00 00 Cli (11 o cc rn
00 00 00
S go �
00 00 _; .-• .- C K to t0 O O 00 00
l� L� 00 00 00 [^ l� ,Pl
,n
tj
00
a� en
u bli U cn F,.,Q Q+� F a ,o O ado
E2- d
Vi _ o `� ,� C N f'" •-• n a+ c, a ape ,� c�
gs
-, xN cat U o � ° Na o' a U n
C5
p^qQ oCg 4) oW o F• a
A c o n U W p o c tdj o0 0
O M 04 N N "
o 07 I c U o Q p UCat
O
00
Q N G7 vNi b Q E� M N N
Nm U M Vi �nN pq
� o` ea in
w o pa, a � i o plcd dod o
U p tp Zi h kn d' cr1 U00
d00 a+ NO ��' NO 00 U 00
r�i Gq O �o Cq M� fyl •-• •-• U ,--� U N �.-� U � .- r.
O O O O O O O M
� U
O O O O O O O OA
a
C:
O
U z z z z z° z z
0
a
H
x
o
Z Z N
42
Q c
A N N
a
O O O G 00r- h 0 0 00 00 00 00 O O O �. - 00 N - d O O h Vl 41 00 OO 00 00 O
vl mot' O1 �D �U \D V") Vl lfl O O
N
bU
o w
�.1 o O o O o O p •� p
itl Q p O O)
o c Fw , C F E" n F+ �M °� oo rn
ONQ a> � r p mN 14 !y �,n U0 � 6 m O
[� � V� QN � 001 Z � � p
.fl O tad 0
Up oz � oNo � N W Go 00 � o4-1 va horn c v
U qN .4
,wW UN O � r�•+ yr-' � �' N ' '� M R.,' 00 � Nam`
OR
9 9
�-1 U q U U fYl U O O U O �1
r w � U O W ~ O O
[� M N O y Oen M
x m o ro
o U o vo 0 0 �'83 U o W c O
Cn a, M OOO\ O � y D v1 en
O
O o W tt V► .ti u�,
0N ''
'V
a� o 0 0 0 0 0
a�
•� � o 0 0 0 o m
0
a
z z z z z z
0
H
H
cdco
o b
b
w �b 4
o r.
a> c g
0 0
Cd O O N
o 0
cj c o 0 o c
d
kn
a
p O N NN p Oo O CD CD Od O � VOi g O P
.- 00 00 00
4b• .� N N N
pq
•y` OH �b NHOH �N •• N �d� p
oN v � N " Cn �
is py, � rn n m yp� of en o.� � "� P, . � p
p }� °�A" c 3? � N � � Nb E0 � �Q
�
o p x' p O p p
M C/) M ." Meq
'� N
peq
'+ CD
d O W
cr C. M o 4 "1 go 0
xao xrn � xocMop� `4U000
as
o a o 0 0 0 0 0 0 0
d O p 00 O O a) O p q
OC�
W
v z z z z z z z z z z
0
aq
a
a
H
w a
a
o �
e* Ri aC
a
a P. .o a
R:
co
c o no
U N
rn rn rn a o, rn a rn Ce ON
A N N N N N d N
� n
b O O O O O O p O O
d O q O O O O p p p
CO
o0 0 0 oo 000ON 13) � oo 000 D o0 oo ate
00 � OEM mm � N
oQo Cl oO N Q � M en �F 'ct O O � � � a1oc
O
U
O Y Q 0
Cs Wrn W N W � oo M m 5
� IAO to
O a+ OO � l� +�- 'tp7N 'Cps "'
d cC O p N
61 Er O C O C, = O\ V] 49
a O O d
a oo Vj va7 O O O N ~
Uo v o � rn o ,� rno , rno a °` o y 0O a0 E- � C> C a M
N
Ell
U M a m O op O b17
wc� � war � � Z
0
o
6 o 0 0 0 o a o o W o o
U Z I o 0 0 � N C14 4
VJ N Q O C> U N m M p�
N
O O O O O O 0 p ro p Q
O O O O O
.-. A. N N Ra
Na,
'3 O ti
U O O Q M O O O p 00 O a O O C
M M N Z Nd d N � O
o GNo `� iv � N � coDv � � `f [-
�'�"'
r, -- o000
Op O 00 O 4 O O o O O
O O O O O O O O O O U
CDO O O O O CD O O P M
O
w
° z z z z° z z z z z
U �
0
014
U �
0 ~
i
d ..
v
u
b �
d
mCdw b o
00
b ° bAcl
ON
Cd
Cd
CD
00 S p O O O b O C O
N N
o o a o 0 0
00 0 o g o O o 0 0 0
G Q o 0 0 0 0 o d o 0
a
�+ o O 0 0 to M m 00 O o o ��pp N 1- t`. N N n
M m d. d 00 00 C\ � N O O O �p �D o0 00 O O �O
M cn iA .�-+ 0�1 O Q m -n 00 00 G
N N � cfi �p rn O d P� d� IX
<FG] C> r.
t+
4
Qi
cq
O i7
'� N LNf1 Ra++O M NZ fIr .�-iw G .y+ O
ON O aj 0� N � m y � [/� .� Q� � � Q� G'� O� Or M W � Opi O N-�
,v qp� O VO �y O O ►a .�P „`] O.NN 0 ,O 9,D 0 NZ � gH
N y NcV `.
A
3 _ a - o 0 0 - 0 c O o
,> [h It Q O N
00
kn CD N a
O � N O CD
O
O z �0 Z �. d, 0iC , ENOen
O
00 DOO � O Mid � OC) :9mOM � MOM � . N � 6
d
o 0 CD 0 0 0 0
o 0 0 0 0 0 o O/
O a,
a
rA
u z z z z z z z
0
00
h
F
cicff
O N U
01 :u
u f� Lo H
4� y d 77 po
LrA
J
A. P1 N r7 a 44 C/1
.ram+ O O O CN O 6 O
O
A N N N N N ON N
O O d O O O O
C�
\O O O O O O O O h W M
�O �D � N N N C O O 0 0 O, O` M (`I
O O o0 00 00 lD ry O p Cl O, O O O O OMi n - Vq r r N
N N ,--r �}
U �
U o v P4
O
N rn o o v o F� oo H oo aoo p; o o h o ado
o o
q Uo o � 0
c lb
C4 ti
O 00 di N a`i IS, O
�' U VO' O
a Vl Cl
o, trrno
> W oN Q � Ito Q �
00 ��++ Ll) a oo, o o oo ZF o
CD
O O O O 00
O CDO CD d O O 0
CDO O O a
C
d
p O D O O O O O O
�k
C)
v -
ci
H
y W o
pY"i N Lit
w
81
o no
P4
G o o o
N N
L" O d S P Q lt7 O O
O O O O C O G O
C9
d
K1 kn -` O O O O
A O rN•+ "' O �O 00 00
� 00 fn M M h N N r- 'ct 00 d
d' V� P T ON It- N d' in
Ono O 00
oo
+� r•.
:Y G
rA
o F.
F H F
O O a P c
E00
CD
oM � ° � ., 0 of $ � E` it,
N
W o _
o. o •p a . Ell °' o o e)
yj` 00 ►C ''�iQ WprC-i r,� � O �D +�'.. oaQ' O �"j (� O dCf� " P bp
VJN N Nb� a + N ' V� Q q V N o aCQ S
[� g p _ W q
A O O 00 o p4 N 4 I]L qe= V W bU w O $ NQe
O oo O oo z WCD o .- UP
z U O p pfs. d o
CN WO
O O O O N p"
e'
•vo �O ..ao� w �`� O� `* ad Oorf' opw O O O O a mG mO 0 O O —
rr 20
x kn4 QCD tnM CD
2 \0CD Orn � AW. o p. go � �o
v
O Q O 6 O O G O ,
q o 0 0 0 0 0 0 0 0
Oa
cu
0
U Z Z Z Z z Z 2
O
a
a�
a.
H -
F
q w o
4 O O M
O.
w 41
QFJ
A a° -00, U v w U v wH r
y rn rn rn rn o, C% rn rn o
o 0 0 0 0 0 0 c Cl
A N N N N N N IN
nN t� t� [1 t� n t�
rl rl rl
0 0 0 0 0 0 o a
O O O O O O O O O
6d
a
y O O d M 00 00 O 0 0 O O O O C. O O O O O
00 00 00 - V1 O +f) v) O O O O O d O
p3 O O V�i V�1 [� [~ l� � oMO, � p O O V�
kn
(-I N
bU
'G
L�1 ,ab�0
[o L [0 F .. ''b SO
0rn at G Oprn wN Oa,
0 o � o -d F;kn '' a ,c H g rn
C' �i a`i 6Ni a`i cad d m odN n� dN ,� 0N •-- UN o' n
� Ra, . O 9� c ppO
, �0O O CO)
INNH 6C
N r,4 �
O N
_
w y tea' PG R>
� � � � N
O O O Ri o Gl, p p z cli
'cJ
N O O h O
C � pd - 0 Np0 O p$
.rVi 1,21
V] OO d0 ONN C1wN OQ N � C VO ►7 C>
_� _
OOO viN � Q
o 0 0 0 o 0 0 Co 0
g o 0 0 0
ap o o Q o 0 0
o
w
U z z z z z z z
0
00
lu
H
H
kn Ny
4� +� +�+ U
h+. r4
yam.., �
C O O N d
C, �' q 4 c
C
A W 'G C7wC7 . A UU
o 0 o c o °o a °i
o o Cl
0
n
O O O O O O p O
O
O O O O O O O p
C�
a
a.+ O O O0 O Cl 00 N NN ^ MM Nkr) O � �W N
p OO C0 M c�f1M \D � d' � (`ty Ml� Mh IT
en M eq N M 1p
th
cd
q ..
t� 0 N
00
Ica, Ow NFi cd Z� cn
o�N �
o Cid' NW Ccz) 0% C7
qp � O U qN oNb .76%
b W o � A cgPQo 0 tA doe Rd, ;nN c fsi �nNky o 4h7 tU� � N �'
U v� toGn
o o W o p6
V O O O N U F.
c o c 0O $ v
O p O O A"' N 6 b O �' cd
(,} O O O VjM-� En �e ,N-, �,
N W 0,� OOod o '>.' F+ M M d' N pQ
rl -C'l NoO � (0, M M MO O
en
O� Uaoo ri - r, • m 'A °,° p GONE EQ alloo q00
t
�t d'
o 0 0 0 0 Cl a o 0
o 0 0 0 0 0 o a a
o 0 0 0 0 0 0 0 0
ar
0
z 0 � l
O
a
a�
i
N N �
N N
w '7 O �
CC o o m Cm
U
a Lon z x .0 m C7 �
is
p pp o
N N N O N N N
� t` t- t` n
S a S S o S S o a
cd
a
N rt 00 00 00 0p O O ry N O O Q O pS N h.
r�-f pip 00 � �--�Oai O N N O 00M W 01
A
N
bq
H ° H 0 � h H
Mom .-. � N 00 Vi 00 � � N
d' C 00 O
61 N •� N 01 a*N O� N [-i d\ U ., pi H ON ]
y ° $ r �' pw p O o5o5M O $
'r O O p O O O O M O G'
o $ o o �S CDF' p o a O o
�+ O00 00 0000 N � Mq O
S S CD O 'Lrl
b O
b
k oa o0 0? M fV �,
N od'J 00 m 'q 15 00 00
01
� O �C d� O p
cOOv C% � cerc01�, a 'K0,,, '�
K0 r� enC> en ? o o
N d N .-� .-� IQ
O O O O O C? O O O C. O o O Cl O N
C, o 0 0 0 o O o O o a O O O O 0 r-
p p O Cl O P O O O pp O O O 0 O O
O O O O O b Q O Cl b Cl O O O O C �
C
G
O O O O O O O O O O
V Z 71 Z Z Z Z Z Z z Z Z Z
�i
Fl-
y
n
d
F. r
R!
cn
4N O 00 > N
a
oo ; o s C, n
O, 00 o In M in
oo �+ M In
N M y M
oo N t O cad
pp N m Uco U
.a lu
sA
M rn o, 0% rn o, O, rn rn O, rn m o, rn m
C> O O q O O O CD ClO O O O O O CD
Cd O o O O O O O O O O O O O o O O
N N N N N N N lV N N N N N N N c\V
ti
0 0 0 o P o o a o 0 o P o 0 0 0
b o 0 0 0 0 0 0 0 0 0 0
o 0 o C> o 0 0 0 o C> o c5 C> o C) o
cd
C� O\ O p OO 00 0 00 Q\ CT O r r � O M M ,D llq O,
O M op 00 •--� ~ M N N r
r-�
04
OO O O O 0 O O O O O In
E•� E-+ E-� H E-� F-� E� E� �+ E+ f-� H E� t,j
00
rh v� ,o �o ,o 'o� of
� 'IS M v�i *� N •� N +'oo M M 'R " 'B 'per 'Fs �
v O U O ;� O Q ;.,a r d U O U O W d U O U O U r 0 U `n O ;:� O U O U O U N O U M O ON M U
o t�+ 0 In O � O In O b O r 0 O N O M O O �` O O O `� O
N � NUc� N wN �; N "? N � N � c=i
O\ N O, "' 01 GJ 01 N "' O, N 01 N '-" Ol ^" 01 N CS
0 0 � no # `no 'no o kj � o 'no In In In no 'no � o ho no
� v) W W W W W
O O O Cl O O O ~ O o C> O O ~ O O ~ O O O
00 00 00 00 o0 00 00 00 00 00 00 0� o0 00 roI It 0o p}
rOhP r0 MO kn C? ln CS no O QO MO OOO NO �' O rO oo C) NO •--� 0
i i p Q O i0 O i En N i N Q P"
CT �y O, N M � N vlN rN
o CT O M ep M �f'� +n k? �n oo +I, N Q, M M oo Vl CT 0 T r N In h Oa
G o0 i oo i G1 wl i M i M In N i N i M M ,O O i 'n i o" � 'T
O O O 0 0 M O O v'1 O �O 4 (nry O r 0 ,0-kn O, V1 M O In O �
G O ON O M r M f- N oo oo M M In In r In V'1 CT N M t vl CA N O, M N N h
o ,,, ,�, cr � � � qr � C:) N �t � T L `I � N
� � o � o '= o .-• o � o .-- a o .� o .-• o .- o 0 0 -- o - o � o .-• o
o o 0 0 0 ""
o a o 0 Cl 0 0 °�
O P
0
kn
tq
tn
0
a
N
d' M
° 0 3
{moo E�
U y
p(7N p011 O
O S
A o n
c7 d o d o 0 o Cl
cd
d
mo
Zo
a1 j N O M
0 j 00 rj O vi d O
O N (V O O CmcD 00 C — — )W'
as kn
•--i "" lry Vl
00
cli
M
O O O O O bq kn
p kn
Ln
t►iw,V (D fn`� $�c�v $N �5v �W*,WvQ,6$� 000N
Vd00 So
N
01 O� N d
v7o � o W) inoWv� o kn
U o p O
O p O d Cl O
000 00 00 OO 00 DO O O Q+
M b i O d O m 0
00 N ct r
rk m N M N �
hd te)ON
0',
City Council
Date: 11/17/09
CONSENT
Item: 3
MOTION
AGENDA ITEM: Consider a request from Thomas DuFresne for an extension to a
Variance request, originally approved on June 19, 2007, until
December 19, 2009 for 8961 37` Street North — R1 Zoning— PID
16-029-21-14-0007.
SUBMITTED BY: Kyle Klatt, Planning Director r
THROUGH: Bruce Messelt, City Administrator 'v
REVIEWED BY: Kelli Matzek, City Planner
SUMMARY AND ACTION REQUESTED:
The City Council is asked to consider a request by Thomas DuFresne for an 18 month
extension to a variance that was granted for the property at 8961 371h Street North on
June 19, 2008. The variance resolution of approval, which authorized the construction of
a single family residential structure on a parcel that did not meet the minimum lot size
and septic system requirements of the Zoning Ordinance, specified that the permit would
expire one year from the date of the resolution.
SUGGESTED MOTION:
Move to grant approval of an 18 month extension to the variance issued./or 8961 371h
Street Nei-tit.
STAFF REPORT:
June 19, 2008 signified the original expiration of the variance, and prior to this date, the
applicant was granted an extension by the City Council for an additional 18 months.
There has been no activity on this parcel in the past 17 months, and at this time, the
property owner is requesting a second 18-month extension for the following reasons (as
further described in his attached letter to the City Council),which staff find reasonable:
• The slow real estate market has made it difficulty to sell the property.
• The on-going landfill reclamation project has deterred at least one potential buyer
from purchasing the property.
--page 1 --
p
City Council Meeting DuFresne Variance Extension Request
November 17`�,2009 Consent A-enda Item#3
City Staff is not aware of any changes within the neighborhood that would require a re-
evaluation of the variance or alter any of the original conditions of approval. The new
deadline for construction on the lot would be June 19, 2011, if approved by the Council.
The City Code does not establish a time limit for a variance approval to remain valid. It
is very common for cities to establish an expiration date for permits as part of their
zoning regulations; however, the Lake Elmo Zoning Ordinance does not include such a
requirement for variances. In the recent past, the City has begun to include expiration
dates in the resolution of approval for various permits.
ATTACHMENTS:
1. Letter Requesting Extension
2. Resolution No. 2007-046
ORDER OF BUSINESS (if removed from Consent Agenda):
- Introduction..................................................Bruce Messelt, City Administrator
- Report/Presentation..............................................................................City Staff
- Call for Motion ...............................................................Mayor & City Council
- Discussion............................................................................... Mayor Facilitates
- Action on Motion.................................................................... Mayor Facilitates
--page 2 --
10/30/2009
Kyle Klatt
Planning Director
City of Lake Elmo
Dear Kyle,
On July 17th 2008 the Lake Elmo City Council approved the request to
extend the variance on the property at 8961 37th Street North.
Construction of a home has not been started and the extended variance
expires on December 19, 2009. See attached resolution No. 2007-046.
The landfill reclamation project on .lamaca Ave has made it difficult
to market the property. One prospective buyer of this property has
changed their mind on purchasing this lot because of the heavy
truck traffic, and the uncertainty of the looks of the completed
project. Also, the Real Estate market does not encourage
building at this time, as it is difficult to sell existing property.
Therefore, we are requesting an additional 18 month extension of the
variance #2007-046 for the property located at 8961 37th Street North.
Thank you for your consideration.
Si7//
er,
Thomas DuFresne
10777 Lansing Ave. N
Stillwater, MN 55082
651 430 9166
612 812 4808
Attachment
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2007-046
A RESOLUTION APPROVING VARIANCES TO MINIMUM LOT SIZE,REQUIREMENTS '
IN 300.09 OF CITY CODE, AND CONSTRUCTION OF AN ON-SITE SEPTIC SYSTEM
WITHIN AN AREA OF LESS THAN ONE ACRE AS REQUESTED BY THOMAS
DUFRESNE AT 8961 37TH STREET NORTH
WHEREAS,Thomas DuFresne has made application to the City of Lake Elmo for
variances from the minimum lot size,requirements of 300,09 of City Code,and 1 acre minimum
septic system area at 8961 37`h Street North, Lake Elmo,Minnesota.
WI1EREAS,the Lake.Elmo Planning Commission ponsidered the variance requests at its
June; 11, 2007, meting;and recorrimncl eecl that th'e variances'be granted"bdsed oh the following
Findings:
1. The septic location will satisfactorily meet environmental standards.
2. The character of the neighborhood will not be impacted by the proposed residential
home and septic system as the property was previously utilized with a residential
home and septic system.
3. The property is larger than many of the platted lots in the neighborhood currently
being utilized for residential purposes.
4. The applicant was not responsible for the removal of the previously existing home for
the property.
WHEREAS, the Lake Elmo City Council has reviewed the variances requested by
Thomas DuFresne, 8961 37'h Street North at the June 19, 2007 meeting.
BE IT FURTHER RESOLVED, that the approval of the requested variance shall include
the following conditions:
1. The variance shall expire one year from the date of resolution; City Council approval
will be required for any subsequent extension.
2. Silt fencing shall be shown at the construction limits for the proposed house and
driveway with a future building permit application.
3. The applicant shall agree to any conditions required by the City Engineer relating to
the proposed septic design, area, and construction.
4. The applicant shall hook up to the municipal water system.
ADOPTED by the Lake Elmo City Council on June 19, 2007.
Dean A.Johnston,Mayor
A"l rEST:
Susan Hoyt,City Adminis
City Council
Date: 11/17/09
CONSENT
Item: 4
MOTION
AGENDA ITEM: Adopt Ordinance No. 08-020 repealing a moratorium on wireless
telecommunications towers
SUBMITTED BY: Kyle Klatt,Planning Director
THROUGH: Bruce Messelt,City Administrator'`'
REVIEWED BY: Kelli Matzek,City Planner
SUMMARY AND ACTION REQUESTED:
The City Council is asked to adopt the attached ordinance officially repealing the moratorium on
the construction or modification of wireless communications towers within the City of Lake
Elmo. The moratorium was adopted on January 6, 2009 in order allow the City time to study
current trends in the wireless communications industry and to develop a revised ordinance prior
to the submission of any new proposals for wireless communication sites within the community.
With the November 4, 2009 adoption of the updated Wireless Communications Ordinance, the
moratorium needs to be terminated by the City Council. Any new applications for a wireless
communications tower or antenna site will, therefore, be subject to the requirements of the
revised ordinance.
SUGGESTED MOTION: Move to adopt Ordinance 08-020 repealing a moratorium on
wireless telecommunications towers.
ATTACHMENTS:
1. Ordinance 08-020
2. Ordinance 08-012(adopting a moratorium on telecommunications towers)
ORDER OF BUSINESS(if removed from Consent Agenda):
- Introduction.............................................................Bruce Messelt,City Administrator
- Report/Presentation.........................................................................................City Staff
- Call for Motion...........................................................................Mayor&City Council
- Discussion..........................................................................................Mayor Facilitates
- Action on Motion...............................................................................Mayor Facilitates
-- page 1 --
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE NO. 08-020
AN ORDINANCE REPEALING ORDINANCE NO. 08-012 ESTABLISHING A
MORATORIUM RELATING TO THE CONSTRUCTION OR MODIFICATION OF A
NEW OR EXISTING TELECOMMUNICATION TOWERS
BACKGROUND
On January 6, 2009,the City adopted a moratorium to allow evaluation of the City's
regulations relating to telecommunication towers and to conduct studies regarding same. At this
time,the City believes that it has concluded that study and it has adopted a new
telecommunication tower ordinance and therefore the City desires to terminate the moratorium
established by Ordinance No. 08-012.
NOW,THEREFORE,BE IT ORDAINED,by the City Council of the City of Lake Elmo,
Washington County,Minnesota, as follows:
1. Ordinance No. 08-012, establishing a moratorium relating to the construction or
modification of new or existing telecommunication towers is repealed effective December 1,
2009.
2. Severability. If any provision of this ordinance or its application to any person is
held invalid,the remainder of this ordinance and the application to other persons or firms shall
not be affected. Remaining sections of the ordinance shall be interpreted to give effect to the
spirit of the ordinance prior to removal of the portions declared invalid.
3. Effective Date. This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Adopted by the City Council for the City of Lake Elmo this 17°i day of November, 2009.
Dean Johnston,Mayor
ATTEST:
Bruce Messelt, City Administrator
STATE OF MINNESOTA
COUNTY OF WASHINGTON' "
CITY OF LAKE EILMO
ORDINANCE NO. OB
AN INTERIM ORDINANCE (MORATORIUM) RELATING TO THE CONSTRUCTION OR
MODIFICATION OF NEW OR EXISTING TELECOMMUNICATION TOWERS
The Lake Elmo City Council ordains:
1.0 recitals,
A, City's current regulations relating to wireless telecommunication towers are
contained in City Code Sections 150.110-150.126.
B. On December 9, 2008, the Lake Elmo City Council adopted Ordinance No,
2 -011 which gave the City more flexibility when balancing collocation
requirements and impacts of wireless telecommunication towers on the
surrounding environment.
C. During the City Council discussions in regard to Ordinance No. 4$•0',Ilt
became apparent that there have been technological changes and service
demand changes in the. wireless telecommunication tower industry which
have- occurred since the City first adopted its wireless telecommunication
tower standards in 1998.
D. In order to protect the planning process and the health, safety and welfare of
its citizens, the City needs additional time to conduct studies and/or to
receive engineering input in regard to the effectiveness of the City's current
regulations and to ensure that any revisions to the City's current regulations
are in compliance with the mandates of the Teiecommunications Act of
1996.
.2.0 Moratorium. The Lake Elmo City Council hereby determines that a moratorium
relating to the construction or modification of new and existing wireless
telecommunication towers, except those hereinafter exempted, is necessary.
3.0 Duration of Moratorium. The wireless telecommunication tower moratorium will
commence on the effective date of this Ordinance and will continue for R months
thereafter unless otherwise terminated or extended by action of the City Council.
4.0 Exemptions. This Ordinance shall not apply to the construction or modification of
any wireless telecommunication towers on which applications have been received
prior to January 1, 2009.
5.0 Enforcement, The City may enforce any provision of this Ordinance by mandamus,
injunction, or other appropriate civil remedy in any court of competent jurisdiction.
6.0 Separability. Every section, provision, or part of this Ordinance is declared separable
from every other section, provision or part of this '.Ordinance. If any section,
provision or part of this Ordinance is adjudged to be invalid by a court of competent
jurisdiction. Such judgment should not invalidate any other section, provision or
part of this Ordinance.
Effective Date. This Ordinance shall be effective on the date following its publication
or on the date fallowing the publication of an Ordinance Summary approved by the
Lake Elmo City Council,
Adoption Date. Passed by the Lake Elmo City Council on the day of
2009,
Dean Johnston, Mayor
ATTEST.
interi Ad inistrator
PUBLISHED .IN THE OAIGALE LAKt ELMO REVIEW 'ON JA,NU RY 28, 2009
F:lusersUessicalierry1LE10rdinance(Moratoriurm).v2,doc
City Council
Date: 11/17/09
CONSENT
Item: 5
MOTION
AGENDA ITEM: Authorization of Geotechnical Services for the 2010 Street and Water
Quality Improvements Feasibility Report
SUBMITTED BY: Ryan Stempski, Assistant City Engineer
THROUGH: Bruce A Messelt, City Administrator rP /
REVIEWED BY: Tom Bouthilet, Finance Director
Jack Griffin, City Engineer
SUMMARY AND ACTION REOUESTED:
The City Council is being asked to approve authorization for American Engineering Testing,Inc.
to provide Geotechnical Services for the 2010 Street and Water Quality Improvements
Feasibility Report.
These services will include soil borings and sampling along the street segments to determine the
existing street section,underlying soil type, and infiltration rates. The cost for these services is
$5,800. There are sufficient funds within the City's CIP to undertake these services. Should the
Council ultimately authorize and bond for the 2010 Street and Water Quality Improvements,this
cost will be included in the overall project budget and the CIP will be reimbursed for this
expense.
BACKGROUND INFORMATION:
After review of the record information for the neighborhoods to be improved for the 2010 Street
and Water Quality Improvements, it was determined that a subsurface investigation must be
completed to support the engineering recommendation for the 2010 Street and Water Quality
Improvements Feasibility Report. Additionally, infiltration rates of the soils must be obtained to
determine the feasibility of the rain garden locations.
MOTION FOR CONSIDERATION:
"Move to authorize American Engineering Testing,Inc. to provide Geotechnical Services for
the 2010 Street and Water Quality Improvements Feasibility Report in the amount of$5,800."
ATTACHMENTS (1):
1. American Engineering Testing, Inc. Proposal for Geotechnical Services.
--page 1 --
AMERICAN CONSULTANTS
ENGINEERING •ENVIRONMENTAL
TESTING, INC. MATERIALSGEOTECHN
•FORENSICS
November 4, 2009
City of Lake Elmo
c/o TKDA
444 Cedar Street, Suite 1500
St. Paul,MN 55101-2140
Attn: Ryan W. Stempski, PE
RE: Proposal for Geotechnical Services
Lake Elmo 2010 Street and Water Quality Improvements
Dear Mr. Stempski:
Per your recent e-mail request and our follow-up discussion, we are submitting this proposal to
conduct the following scope:
Scope:
Fieldwork
• Drill 18 test borings on the four existing street segments. The program will include both
standard penetration test (SPT) borings to 11 feet and flight auger (FA) borings to 4f/2
feet, as shown below. The deeper borings are intended to assist evaluation of infiltration
potential in addition to street evaluation.
Street Segment 11-foot SPT borings 4'/-foot FA borings
Jane Road North 3 0
Isle Avenue North 1 3
53 rd Street North 2 5
57 Street North 1 3
• Clear underground public utilities through the Gopher State One Call system.
• Measure in-place bituminous and apparent aggregate base thicknesses.
• Measure and document the boring locations. No measuring of the surface elevations is
planned.
Laboratory
• Classify the soils per the Unified Soil Classification System(USCS).
• Conduct water content tests on cohesive samples retrieved.
• Conduct unit price soil index testing ($350 unit price budget, allowing for 4 sieve
analysis tests).
Report
• Logs of the test borings, including pavement thicknesses and lab test results.
• Descriptions of the drilling, sampling, test, and classification methods.
• Review of soil and groundwater conditions encountered.
550 Cleveland Avenue North I St.Paul, MN 55114
Phone 651-659-9001 1 Toll Free 800-972-6364 1 Fax 651-659-1379 1 www.amengtest.com I AA/EEO
Tnis document shall not be reproduced,except in full,without written approval from American Engineering Tesong,Inc.
City of Lake Elmo
November 4, 2009
Page 2 of 2
• Estimates of soil infiltration values based on USCS soil types.
• Geotechnical opinions/recommendations pertaining to the planned street improvements
including estimate of subgrade R-value.
The scope of work defined in this proposal is intended for geotechnical purposes only, and not to
explore for the presence or extent of environmental contamination at the site. However, we will
note obvious contamination encountered.
Fee:
Our services will be performed on a time-and-materials basis per the attached fee schedule. For
the scope described, we will establish$5800 as a not-to-exceed fee. In the event the scope of our
work needs to be revised, we will review such scope adjustments and the associated fees with
you, and receive your approval before proceeding.
Schedule:
Based=on our current backlog, we anticipate drilling can be performed within about 1 to 1'/7
weeks after receiving authorization to proceed. The borings should take two days to complete in
the field. Verbal results can be provided shortly after drilling. The report should follow the
fieldwork by about two weeks.
Terms/Conditions:
Our services will be performed per the attached two-page Service Agreement and the one-page
Subsurface Boring Supplement.
Acceppnce:
Please indicate your acceptance of this proposal by endorsing the enclosed copy and returning it
to us. The original proposal is intended for your records..
Sincerely,
PROPOSAL ACCEPTANCE BY:
/,*JefferyfX. Voyen,PE Signature:
Vice President, Geotechnical Division
Phone#651-659-I305 Printed Name:
Cell#612-961-9186
jvoyen@aniengtest.com Date:
Attachments:
2009 Geotechnical Fee Schedule
Service Agreement (2 pages), Subsurface Boring Supplement
2009 GEOTECHNICAL FEE SCHEDULE
1. Personnel Hourly Rates 7. Stabilized Earth Slopes&Walls 15,00/hr
A. Word Processing Specialist 56,00/hr 8, Settlement(FoSSA) 15.00/hr
B. Drill Technician/Lab Technician 82.00/hr 9. SHAFT 15.00/hr
C. Senior Engineering Technician 87.00/hr F. Bit Wear-Rock Coring
D. Engineering Assistant 98,00/hr 1. Diamond Bit-Sedimentary Rock
E. Engineer I/Geologist I 105,00/hr a),B,NQ 10,00/foot
F. Engineer II/Geologist Il/Sr,Engr,Assistant 120,00/hr b) HQ 12.00/foot
G. Senior Engineer/Geologist 133.00/hr 2. Diamond Bit-Metamorphic&Igneous
H. Principal Engineer/Geologist 160.00/hr a) B,NQ 17.00/foot
b) HQ 20.00/foot
U. Vehicle mileaec IV. Laboratory Tests of Soil
A. Personal Automobilc/Truck 0.70/mile A. Water Content hourly
B. Auxiliary Truck Vehicle 0,90/mile B. Dry Density(includes water content) 50.00/test
C. Truck with Coring Equipment 1.00/mile C. Atterberg Limits(ASTM:D4318)
D. Truck with Warning Sign/Crash Trailer 1.10/mile 1. Plasticity Index 100,00/test
E. ]-ton Truck with Drill Rig 1.10/mile 2. Liquid Limit or Plastic Limit 75.00/test
F. 1-1/2 to 2-1/2-ton Truck with Drill Rig 1.25/mile Separately
G. CPT Truck Rig(20-ton push capacity) 1.50/mile D. Shrinkage Limit(ASTM:D427) 95.00/test
H. Tractor/Lowboy Trailer 1.70/mile E. Sieve Analysis(includes 4200) 88.00/test
A Hydrometer Analysis(sieve included) 235,00/test
III. Equipment Rental G. Thermal Resistivity w/Proctor(ASTM:D5334)
A. Drill Rig Rental 1. As Received and Oven Dried(2 pts) 910,00/test
I. Rotary Drill on 1-ton Truck 62.00/hr 2. Dry Out Curve(4 pts) 1130,00/test
2. Rotary Drill on 11/2 to 21/2-ton Truck 72,00/hr H, Electrical Resistivity(ASTM:G57-Soil Box) 85.00/test
3. Rotary Drill on All-Terrain Vehicle 102.00/hr I, Unconfined Compression(ASTM:D2166) 76.00/test
4. Portable,Non-rotary Rig 72,001hr J, Hand Penetrometer 10,00/test
B. Auxiliary/Specialty Vehicle Rental K, Organic Content of Soil 55.00/test
1. Auxiliary Truck Vehicle 15,50/hr L. Topsoil Borrow Test(Mn/DOT 3877) 340.00/test
2. Truck with Warning Sign/Crash Trailer 25.00/hr M. R-value(Hveem Stabilometer) 360.00/test
3. Truck with Coring Equipment 40.00/hr N. California Bearing Ratio
C. Cone(CPT)Rig/Equipment Rental 1. Granular 560,00ltest
1. CPT Rig(Truck or ATV) 128.00/hr 2, Cohesive 630.00/test
2. Electronic Cone w/Computer 37,00/hr 0, Proctor Tests(Methods A or B)
3, Soil Sampler 3,00/hr 1. Standard 115,00/test
4. Water Sampler 20.00/hr 2, Modified 130,00/test
D. Miscellaneous Equipment Rental
1. Field Vane Shear 300,00/day V. Expenses
2. Field Electrical Resistivity 210.00/day A. Direct Project Expenses:includes out-of- Cost+15%
3. Field Seismic Refraction(ReMi) 370,00/day town per diem;plowing&towing;special
4. Inclinometer Reading Equipment 300,00/day materials&supplies;special travel,
5, Pneumatic Transducer Reading 150.00/day transportation&freight;subcontracted
6. Bore Hole Permeability services,and miscellaneous costs
n, Open End Casing Method 120,00/day B. Equipment Replacement(when abandonment Cost
b. HQ Wire]ine Packer 300,00/day is more feasible than recovery)
7. Borehole Pressuremeter 55.00/hr C. Equipment Recovery(when required by Cost+ 15%
8, 1'owa Borehole Shear Tester 310,00/day regulatory agencies or project specifications)
91 Double Ring Infiltrometer 235,00/day
10. Photoionization Detector(PID) 110.00/day VI. Expert Witness Service Rates
11. GPS Mapping System 13.00/hr A. Litigation Preparation 210.00/iu
12, Rile Driving Analyzer(PDA) 680.00/day B. Deposition or Court Time 265.00/hr
I3. Calibrated SPT Rod 175.00/day (4-hour minimum)
14, Portable Concrete Coring Equipment 35.00/hr
15. Pavement Testing(FWD includes Truck) The rates presented are portal-to-portal with vehicle mileage, expenses
a. Falling Weight Deflectometer 150.00/hr and equipment rentals being additional,
b. Light Weight Deflectometer 50.00/hr
E. Geotechnical Software Rental Overtime for personnel charged at above cost plus 25%for over 8 hours
I. Geo Studio Finite Element 55.00/hr per day or Saturday;and at above cost plus 50%for Sundays or Holidays.
2. CAP WAP 30,00/hr Hazardous work charged at an additional 25%.Nighttime shift work will
3. AutoCAD 25.00/hr include a premium charge of$30.00 per person per shift,
4, Wave Equation(WEAP) 15.00/hr
S. LPILE or GROUP 15.00/hr
6. Slope Stability(ReSSA) 15,001hr
O1DPM021.0101/09 AMERICAN ENGINEERING TESTING,INC.
SERVICE AGREEMENT-TERMS AND CONDITIONS Page I of 2
SECTION 1 -RESPONSIBILITIES
1.11 - The party to whom the proposal/contract is addressed is considered the Client of American Engineering Testing,Inc.
(AET).The terms and conditions stated are binding, upon acceptance, on the Client, its successors,assignees,joint ventures
and third-party beneficiaries. Oral proposal acceptance or authorizing purchase orders from the Client are considered
formul acceptance of AET's terms and conditions.
`1_2 -Prior to AET performing work,Client will provide AET with all information that may affect the cost, progress, safety
and perforinance of the work. This includes, but is not limited to, information on proposed and existing construction, all
pertinent sections of contracts between Client and property owner,site safety plans or other documents which may control or
affect AET's work. If new information becomes available during AEI's work, Client will provide such information to AET
in.a timely,manner. Failure of client to timely notify AET of changes to the project including, but not limited to, location,
elevation, loading,or configuration of the structure or improvement will constitute a release of any liability of AET. Client
will provide a representative for timely answers to project-related questions by AET.
9,_3-Work',by AET will not relieve other persons of their responsibility to perform work according to the contract documents
or specifications, and AET will not be held responsible for work or omissions by Client and other persons. AET does not
perform construction management,general contracting or surveying services and our presence on site does not constitute any
assumption of those responsibilities. AET will not be responsible for directing or supervising the work of others, unless
specifically authorized and agreed to in writing.
1.4 - Work by AET often includes sampling at specific locations. Inherent with such sampling is variation of conditions
between sampling locations. Client recognizes this uncertainty and the associated risk, and acknowledges that opinions
developed by AET,based on the samples,are qualified to that extent.
11.5-AET is not responsible for interpretations or modifications of AET's recommendations by other persons.
1�6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alieged change is no longer
accessible for evaluation.
SECTION,2-SITE ACCESS AND RESTORATION
2-,_1 -Client will furnish AET safe and legal site access.
2, .2-It is understood by Client that in the normal course of the work, some damage to the site or materials may occur.AET
will take reasonable precautions to minimize such damage.Restoration of the site is the responsibility of the Client.
SECTION 3-SAFETY
3^1-Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the work site,If,during
the course of AET's work, such materials or conditions are discovered, AET reserves the right to take measures to protect
AET personnel and equipment or to immediately terminate services. Client shall be responsible for payment of such
additional protection costs.
332 - AET shall only be responsible for safety of AET employees at the work site. The Client or other persons shall be
responsible for the safety of all other persons at the site.
SECTION A-SAMPLES
9;1 - Client is responsible for informing AET of any known or suspected hazardous materials prior to submittal to AET.All
samples obtained by, or submitted to, AET remain the property of the Client during and after the work. Any known or
suspected hazardous material samples will be returned to the Client at AET's discretion.
442-Non-Hazardous samples will be held for 30 days and then discarded unless,within 30 days'of the report date,the Client
provides a written request that AET store or ship the samples,at the Client's expense.
SECTION`S-PROJECT RECORDS
The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a
period of three years following submission of the report, during which period the project records can be made available to
Client at AtT's office at reasonable times.
SECTION=6-STANDARD OF CARE
AET will perform services consistent with the level of care and skill normally performed by other firms in the profession at
the time of this service and in this geographic area, under similar budgetary constraints. No other warranty is implied or
intended.
SECTION`7-INSURANCE
AET carries Worker's Compensation, Comprehensive General Liability, Automobile Liability and Professional Liability
insurance. AET will furnish certificates of insurance to Client upon request.
ACS401(10/02) AMERICAN ENGINEERING TESTING,INC.
J
SERVICE AGREEMENT-TERMS AND CONDITIONS Page 2 of 2
SECTION 8-DELAYS
;If AET'work delays are caused by Client, work of others, strikes, natural causes, weather, or other items beyond AET's
control, a reasonable time extension for performance of work shall be granted, and AET shall receive an equitable fee
adjustment,
SECTION 9-PAYMENT.INTEREST AND BREACH
9.1 - Invoices are due on receipt. Client will inform AET of invoice questions or disagreements within 15 days of invoice
date;unless so informed, invoices are deemed correct.
9_2-Client agrees to pay interest on unpaid invoice balances at a rate of 1.5%per month, or the maximum allowed by law,
whichever is less,beginning 30 days after invoice date.
%33-If any invoice remains unpaid for 60 days,such non-payment shall be a material breach of this agreement,As a result of
such material breach,AET may,at its sole option,terminate all duties to the Client or other persons,without liability,
9_4-Client will pay all AET collection expenses and attorney fees relating to past due fees which the Client owes under this
agreement.:
SECTION 10-MEDIATION
10.1 - Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement
"shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by
either party.
14.2 - Unless Client and AET mutually agree otherwise, mediation shall be in accordance with the Construction Industry
Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall
share the mediator's fee and any filing fees equitably. The mediator shall be acceptable to both parties and shall have
experience in commercial construction matters,
SECTION I I -LITIGATION REIMBURSEMENT
Payment of AET costs for Client lawsuits against AET which are dismissed or are judged substantially in AET's favor will
be the Client's responsibility. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs,
and AET costs.
SECTION 12-MUTUAL INDEMNIFICATION
12.1 - AET agrees to hold harmless and 'indemnify Client from and against liability arising out of AET's negligent
performance of the work, subject to Section 13 and any other limitations, other indemnifications or other provisions Client
and AET have agreed to in writing.
12.2- Client agrees to hold harmless and indemnify AET from and against liability arising out of Client's negligent conduct,
subject to any limitations,other indemnifications or other provisions Client and AET have agreed to in writing.
12.3-If Client has indemnity agreement with other persons,the Client shall include AET as a beneficiary.
SECTION i3-LIMITATION OF LIABILITY
Client agrees to limit AET's liability to Client arising from negligent acts,errors or omissions,such that the total liability of
AET shall not exceed$1,000,000.
SECTION 14-TERMINATION
After 7 days written notice, either party may elect to terminate work for justifiable reasons. In this event,the Client shall pay
for all work,performed, including demobilization and reporting costs to complete the file,
SECTION 15-SEVERABIL ITY
Any provisions of this agreement later held to violate a law or regulation shall be deemed void,and all remaining provisions
shall continue in force.However,Client and AET will in good faith attempt to replace an invalid or unenforceable provision
with one that is valid and enforceable,and which comes as close as possible to expressing the intent of the original provision.
SECTION 16-GOVERNING LAW
This Agreement shall be construed,and the rights of the parties shall be determined, in accordance with the Laws of the State
of Minnesota.
SECTION 17-ENTIRE AGREEMENT
This agreement, including attached appendices, is the entire agreement between AET and Client. This agreement nullifies
t#ny previous written or oral agreements, including purchase/work orders. Any modifications to this agreement must be in
writing.
ACS401(10/02) AMERICAN ENGINEERING TESTING,INC.
SUBSURFACE BORING SUPPLEMENT Page I of I
TO TERMS AND CONDITIONS
SECTION 1, E GROU UTILITY AND STRUCTURE CLEARANCE
1.1 - It is necessary that borings, excavations and other penetrations be located such that they maintain a minimum safe
distance from underground utilities or other man-made objects. Client shall advise AET of all utilities that service or are
located,on the site,as well as any underground improvements located on the site. AET will contact state notification centers,
where available,or individual utility owners where a state notification center is not available prior to drilling.
1.2 - Public utility owners may not provide the locating service on private property, In such situations, the Client is
responsible for location of such utilities prior to drilling.
1_3-The property owner may have private underground improvements which cannot be cleared through the state notification
center or public utility owners.The Client is responsible for location of these improvements.
1„.44-AET will not be responsible for any damages to"non-located"or incorrectly located underground utilities or other man-
made improvements.
SECTION 2-SITE RESTORATION
2.I -Client accepts that in the normal course of field exploration work,certain types of damage to the site may occur which
are inherent with this type of work,such as tire indentations to lawns and landscape areas. It is the responsibility of AET to
take reasonable precautions to minimize such damage. It is also AEI's responsibility to patch boreholes placed through
pavement or slab areas after performance of borings.Otherwise,restoration of the site is the responsibility of the client.
SECTION 3-CONTAMINATION
3.1 - Client acknowledges and accepts that unavoidable contamination risks may be associated with AET's subsurface
drilling,sampling and installation of monitoring devices.Risks include,but are not limited to,cross contamination created by
linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known
or suspected hazardous materials, drill cuttings and' drill fluids; and decontamination of equipment and disposal and
replacement of contaminated consumables. Client and AET agree that the discovery of unanticipated actual or suspected
hazardous materials may make it necessary for AET to take immediate measures, including regulatory notification,to protect
human health and safety,and/or the environment.Client and AET also agree that the discovery of such materials constitutes a
changed condition which may result in added costs to the Client, and may require a renegotiation of work scope or
termination of services.
332-Pursuant to risks set forth in Section 3.1, which are inherent with AET's work performed on the Client's behalf, Client
agrees to hold harmless and indemnify AET from and against liability associated with contamination resulting therefrom.
SECTION 4-LOST EQUIPMENT
Equipment lost in bore holes may be required to be retrieved or properly abandoned by government agencies. Client agrees to
pay AE'f all costs related:to retrieving and/or abandoning such equipment at AET fee schedule rates,unless agreed otherwise.
SECTION 5-LIMITATIONS OF SUBSURFACE EXPLORATION'
Client recognizes that unavoidable risks occur whenever engineering or related disciplines are applied to identify subsurface
conditions.Variations in soil conditions usually occur between and beyond sampled/tested locations. Even a comprehensive
sampling and testing program performed in accordance with a professional standard of care may fail to detect certain
conditions, because the variability of conditions cannot be seen. For similar reasons, actual environmental, geologic and
geotechnical conditions that AET characterizes to exist between sampling points may differ significantly from those that
actually exist.The passage of time also must be considered,and Client recognizes that,due to natural occurrences or direct or
indirect:human activities at the site or distant from it, actual conditions discovered may change. Client recognizes that
nothing'.can be done to eliminate the risks associated with these limitations.
ACS402(10/02) AMERICAN ENGINEERING TESTING,INC.
City Council
Date: 11/17/09
CONSENT
Item: 6
MOTION:
AGENDA ITEM: 2009 Street Improvements Payment Certificate No. 3
SUBMITTED BY: Ryan Stempski, Assistant City Engineer
THROUGH: Bruce A Messelt, City Administrator
REVIEWED BY: Tom Bouthilet, Finance Director
Jack Griffin, City Engineer
SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve
partial payment to Tower Asphalt, Inc., the Contractor for the 2009 Street Improvements project.
Tower Asphalt, Inc. has submitted Partial Payment Certificate No. 3 in the amount of
$142,116.86. This request has been reviewed and payment is recommended in the amount
requested.
ADDITIONAL INFORMATION:
5%of the work completed through Partial Payment Certificate No. 3 has been retained amount
of$19,472.71 in accordance with the Contract documents.
MOTION FOR CONSIDERATION:
"Move to approve Partial Payment No. 3 to Tower Asphalt Inc. in the amount of
$142,116.86."
ATTACHMENTS (1):
1. Payment Certificate No. 3 for the 2009 Street Improvements Project
--page 1 --
TKDA444 Cedar Street,Suite 1500
Saint Paul,MN 55101-2140
------------
,•�
The right time The right peopb.The right company (651)292-4400
(651)292-0083 Fax
www.tkda.com
Proj.No. 14353.001 Cert.No. 3 St. Paul,MN, November 11 120 09
To City of Lake Elmo, Minnesota Owner
This Certifies that Tower Asphalt ,Contractor
For 2009 Street Improvements
Is entitled to One Hundred Forty-Two Thousand One Hundred Sixteen Dollars and 86/100 ($ 142,1 l 6.86
being 3rd estimate for partial payment on contract with you dated July 7, 2009
Received payment in full of above Certificate. TIDA
Tower Asphalt, Inc.
2009 Ryan W.
RECAPITULATION OF ACCOUNT
CONTRACT
PLUS EXTRAS PAYMENTS CREDITS
Contract price plus extras $ 417,811.50
All previous payments $ 227,864.58
All previous credits
Extra No.
Credit No. $ _
AMOUNT OF THIS CERTIFICATE $ 142,116.86
Totals $ 417,811.50 $ 369,991.44 $ -
Credit Balance $ _
There will remain unpaid on contract after
payment of this Certificate $ 47,830.06
$ 417,811.50 $ 417,811.50 $ -
An Employee Owned Company Promoting Affirmative Action and Equal OpportunV
TKDA
' End;ineeriz�.�-Ilrchitecture-rlalming
PER IODICAL ESTIMATE FOR PARTIAL PAYMENTS
Estimate No; 3 Period Ending October 31 ,20 09 Page 1 of 1 Proj.No. 14353.001
Contractor Tower Asphalt Original Contract Amount 9.„417,811.50
PV ject. 2009 Street Improvements
Ucation City of Lake Elmo,Minnesota
Total Contmot Work Completed $ 389,454.15
Total Approved Credits $ 0.00
total Approved Extra Work Completed $ 0.00
Approved Ddra Orders Amount Completed $ 0.00
Total Amount Farned This Esti hate $ 389,454.15
Less Approved.Credits $ 0.00
Less 5 %Retained $ 19,472.71
Less Previous payments $ 227,864.58
Total Deductions $ 247,337.29
Amount Due This Estimate $ 142,116.86
Contractor Date
Tower Asph •
)aaigineer�. ,•+ Datc � f
Ry St ici,P.E.
ESTIMATE NO.3 PERIOD ENDING: October 31,2009 I,
2009 STREET IMPROVEMENTS
CITY OF LAKE ELMO,MINNESOTA
TKDA PROJECT NO.14353.001
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO: DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
EDEN PARK DEVELOPMENT
1 MOBILIZATION LS 1 1.0 $ 1,000,00 $ 1,000,00
2: TRAFFIC.CONTROL LS 1 1.0 $ 500.00 $ 500,00
3 SILT FENCE LF 30 - $ 2,60 $ -
4 INLET PROTECTION EA 9 9.0 $ 100.00 $ 900,00
5 SAWCUT•:PAVEM ENT(ALL TYPES) LF 206 63.0 $ 2.00 $ 126.00
6: REMOVE&DISPOSE OF EXIST.BITUMINOUS PAVEMENT
(DRIVEWAY) 5Y 50 40.0 $ 5.00 $ 200.00
7 REMOVE&DISPOSE OF EXIST.STORM SEW ER(ALL TYPES&
SIZES) LF 16 16.0 $ 20.00 $ 320.00
8; SUBGRADE CORRECTION SY 26 - $ 10.00 $ -
9 LOAD&HAUL RECLAIMED MATERIAL(LV)(P) CY 459 459X $ 6.00 $ 2,764,00
10: RECLAIM:EX.BIT.AND BASE MATERIALS,8-INCH DEPTH SY 14268 14,268.0 $ 1.60 $ 21,402,D0
ll' SUBGRADE PREPARATION OF RECLAIMED SURFACE IRS 39 39.0 $ 100.00 $ 31900.00
12 2360 TYPI=LV 3 BITUMINOUS NON-WEARING COURSE TN 1275 1,385.0 $ 51.65 $ 71,535.25
li 2360 TYPE LV 4 BITUMINOUS WEARING COURSE TN 1276 1,130.0 $ 54.10 $ 61,133-00
14 BITUMINOUS MATERIAL FOR TACK COAT GAL 713 500.0 $ 1.50 $ 750,00 E
15 2"-2360 TYPE LV 4 BITUMINOUS WEARING COURSE,DRIVE SY 50 40.0 $ 15.00 $ 600.00
16' SAW&SEAL STREET(40'INTERVALS) LF 3009 - $ 1.55 $ -
17. ADJUST MANHOLE CASTING EA 2 2.0 $ 400.00 $ 800,00
la D412 CONGRETE CURB&GUTTER LF 15 29.0 $ 70.00 $ 2,030.00
19 REPAIR AND ADJUST CATCH BASIN EA 9 9.0 $ 11000,00 $ 91000.00
20 V'RCP FES WITH TRASH GUARD EA 1 1.0 $ 900.00 $ 900.D0 {
21, CL,3 RIPRAP Wl GEOTEXTILE FILTER FABRIC CY 3 3.0 $ 100.00 $ 300.00
22 SEEDING,FERTILIZER AND WOOD FIBER BLANKET SY 26 60.0 $ 15.00 $ 900.00
SUBTOTAL-EDEN PARK DEVELOPMENT $ 179,050.25
EDEN PARK 2ND ADDITION
1 MOBILIZATION LS 1 1.0 $ 1,000,00 $ 1,000.00
2 TRAFFIC CONTROL LS 1 1.0 $ 500.00 $ 500.00
3: SILT FENCE LF 325 285.0 $ 2.50 $ 712.50 i
4 INLET PROTECTION EA 2 1.0 $ 100.00 $ 100.00
5: SAWCUT:PAVEMENT(ALL TYPES) LF 118 88.0 $ 2.00 $ 176.00
61 REMOVE,&DISPOSE OF EXIST,BITUMINOUS PAVEMENT SY 25 $ 5.00
(DRNEWAY) 40.0 $ 200.00
7 SUBGRADE CORRECTION SY 1662 - $ 2,75 $ -
8 LOAD&HAUL RECLAIMED MATERIAL(LV)(P) CY 216 216.0 $ 6.00 $ 1,296.00
9 RECLAIM EX,BIT.AND BASE MATERIALS,8-INCH DEPTH SY 2822 2,822.0 $ 1.50 $ 4,233.00
10. SUBGRADE PREPARATION OF RECLAIMED SURFACE IRS 6 6.0 $ 100.00 $ 6D0.00
117 2360 TYPE LV,3 BITUMINOUS NON-WEARING COURSE TN 262 266.0 $ 51.65 $ 13,738.90
12. 2360 TYPE LV 4 BITUMINOUS WEARING COURSE,STREETS TN 266 $ 54.10
(INCL..4"BIT CURB) 221.0 $ 11,956.10
13 BITUMINOUS MATERIAL FOR TACK COAT GAL 141 140.0 $ 1.60 $ 210.00
14: 2"-2360 TYPE LV 4 BITUMINOUS WEARING COURSE,DRIVE SY 25 20.0 $ 16.00 $ 300.00
15: SAW&SEAL STREET(40'INTERVALS) LF 476 - $ 1.66 $ -
16', REPAIR AND ADJUST CATCH BASIN EA 2 2.0 $ 1,400.00 $ 2,800.00
17. $AWCUT:CATCH BASIN EA 1 - $ 200.00 $ -
18. SODDING SY 244 350.0 $ 3.00 $ 1,050.00
SUBTOTAL-EDEN PARK 2ND ADDITION $ 38,872.50
I
ESTIMATE NO.3 PERIOD ENDING: Oclober 31,2009
2009 STREET IMPROVEMENTS
CITY OF LAKE ELMO,MINNESOTA
TKDA PROJECT NO.14353.001
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
THE FOREST DEVELOPMENT t
1 : MOBILIZATION LS 1 1.0 $ 500,00 $ 500.00
2: TRAFFIC CONTROL LS 1 1.0 $ 600.00 $ 600.00
3 SILT FENCE LF 90 90.0 $ 2.50 $ 225,00
4 INLET PROTECTION EA 3 1.5 $ 100.00 $ 160.00
5 . SAWCUtPAVEMENT(ALL TYPES) LF 130 98.0 $ 2.00 $ 196.00
6.' REMOVE:&DISPOSE OF EXIST.BITUMINOUS PAVEMENT
(DRIVEWAY) SY 25 22.0 $ 5.00 $ 110.00
7 SUBGRADE CORRECTION SY 1175 - $ 2.75 $ -
8 LOAD&HAUL RECLAIMED MATERIAL(LV)(P) CY 318 318.0 $ 6.00 $ 1,908.00
9.: RECLAIM`EX.BIT.AND BASE MATERIALS,8-INCH DEPTH SY 5977 6,977.0 $ 1.50 $ 8,966,50
10= SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 17 17,0 $ 100,00 $ 1,70D.OD
11. 2360 TYPE LV 3 BITUMINOUS NON-WEARING COURSE TN 534 640.0 $ 52.65 $ 28,431.00
12: 2360 TYPE LV 4 BITUMINOUS WEARING COURSE,STREETS TN 536 $ 54,10
(INCL.6"BIT CURB) 640.0 $ 29,214.00
13' BITUMINOUS MATERIAL FOR TACK COAT GAL 299 275.0 $ 1.50 $ 412.50
14 2'-2360 TYPE LV 4 BITUMINOUS WEARING COURSE,DRIVE SY 26 22.0 $ 15.00 $ 330.00
15: SAW&SEAL STREET(40'INTERVALS) LF 1506 - $ 1.55 $ -
16 D412 CONCRETE CURB&GUTTER LF 179 179.0 $ 25.00 $ 4,475.00
17 REPAIR AND ADJUST CATCH BASIN EA 3 3.0 $ 1,000,00 $ 3,000.00
18 SODDING SY 90 120.0 $ 3.00 $ 360.00
SUBTOTAL-EDEN PARK 2ND ADDITION $ 80,477.00
i
MYRON ELLMAN SUBDIVISION
1 MOBILIZATION LS 1 1.0 $ 1,000.00 $ 1,000.00
2 TRAFFIC CONTROL LS 1 1.0 $ 500.00 $ 500.00
3 SILT FENCE LF 86 63.0 $ 2.50 $ 167.60
4 SALVAGE'&REINSTALL SIGN EA 2 - $ 150.00 $ -
5 ' SAWCUT PAVEMENT(ALL TYPES) LF 181 231 A $ 2.00 $ 462.00
6' REMOVE&DISPOSE OF EXIST.BITUMINOUS PAVEMENT
(DRIVEWAY) SY fi5 68.0 $ 5.00 $ 340.00
7 REMOVE&DISPOSE OF EXIST,CONCRETE PAVEMENT
(DRIVEWAY) SY 22 4.0 $ 10.00 $ 40,00
8 SUBGRADE CORRECTION SY 1300 61.0 $ 2.75 $ 140,25
9 LOAD&HAUL RECLAIMED MATERIAL(LV)(P) CY 358 358.0 $ 6.00 $ 2,148.00
10; RECLAIM.EX.BIT.AND BASE MATERIALS,8-INCH DEPTH SY 3498 3,498.0 $ 1.50 $ 5,247.00
11 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 13 13.0 $ 100.00 $ 1,300.00
12 2360 TYPE LV 3 BITUMINOUS NON-WEARING COURSE TN 313 307.0 $ 52.66 $ 16,163.65
13 2360 TYPE LV 4 BITUMINOUS WEARING COURSE TN 313 290.0 $ 54.10 $ 16,689.00
14 BITUMINOUS MATERIAL FOR TACK COAT GAL 175 160.0 $ 1 60 $ 240.00
16 2"-2360 TYPE LV 4 BITUMINOUS WEARING COURSE,DRIVE SY 65 68.0 $ 15.00 $ 1,020.00
16 6"CONCRETE DRIVE SY 22 - $ 80.00 $
17 SAW&SEAL STREET(40'INTERVALS) LF 766 - $ 1.55 $ -
18: ADJUST EXISTING GATE VALVE BOX EA 2.0 3.0 $ 200.00 $ 600.00
19 ADJUST CURB STOP EA 1.0 1.0 $ 200,00 $ 200.00
20 SODDING SY 269,0 530.0 $ 3.00 $ 1,590.00
SUBTOTAL-MYRON ELLMAN SUBDIVISION $ 48,837.30
i
i
i
ESTIMATE NO.3 PERIOD ENDING: October 31,2069
2009 STREET IMPROVEMENTS
CITY OF LAKE ELMO,MINNESOTA
TKDA PROJECT NO,14353.001
ITEM CONTRACT QUANTITY UNIT AMOUN'r
NO., DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
TABLYN PARK__ENTRANCE ROAD AND PARKING LOT
1 MOBILIZATION LS 1 1.0 $ 3,500.00 $ 3,500.00
2 TRAFFIC CONTROL LS 1 1.0 $ 500.00 $ 500.00
3 SILT FENCE LF 790 _ 755.0 $ 2.00 $ 1,510.00
4 SAWC LIT PAVEMENT(ALL TYPES) LF 65 - $ 2.00 $ -
5 REMOVE&DISP09E OF EXIST.PAVEMENT SY 1852 .1,862.0 $ 2.00 $ 3,724.00
6 SUBGRADE CORRECTION SY '289 - $ 3.00 $ -
7 { COMMON,EXCAVATION CY 640 640.0 $ 3.00 $ 1,920.00
B SUBGRADE PREPARATION RS 6 5.0 $ 100.00 $ 500.00
9 PLACE&COMPACT RECLAIMED MATERIAL(FROM OTHER CY 697 767.0 $ 4.00 $ 31008,00
SITES)
10 2360 TYPE LV 3 BITUMINOUS NON-WEARING COURSE TN 156 154.0 $ 52.65 $ 8,108.10
11 2380 TYPE LV 4 BITUMINOUS WEARING COURSE,STREETS
(INCL.4"BIT CURB) TN 183 170.0 $ 64'10 $ 9,197.01)
12 BITUMINOUS MATERIAL FOR TACK COAT GAL 87 50.0 $ 1.50 $ 76.00
13 SAW&SEAL STREET(40'INTERVALS) LF 388 - $ 1.55 $ -
14 15"RCP CL.5 STORM SEWER PIPE LF 49 44.0 $ 25.00 $ 1,100.00
16 16"RCP FES WITH TRASH GUARD EA 1 1.0 $ 970.00 $ 970.00
16. 48"DIAMETER MANHOLE,TYPE 406S(0'-10'DEPTH) EA 2 2.0 $ 2,750.00 $ 5,600.00
174 CATCH BASIN,TYPE 404 EA 1 1.0 $ 2,260.00 $ 2,260.00
18: CL,3 RIPRAP Wl GEOTEXTILE FILTER FABRIC CY 3 3.0 $ 100.00 $ 300,00
19: SEEDING,FERTILIZER AND WOOD FIBER BLANKET SY 35 275.0 $ 3.00 $ 825.00
20 SODDING SY 504 390.0 $ 3.00 $ 1,170.00
SUBTOTAL-TABLYN PARK ENTRANCE ROAD AND PARKING LOT $ 44,217.16
TOTAL ESTIMATE NO,3 $ 389,454.15
i.
i
' I
i
City Council
Date: 11/17/09
CONSENT
Item: 7
MOTION
AGENDA ITEM: Approve Non-Binding Resolution in Support for State Bonding for
East Metro Regional Firefighter Training Facility
SUBMITTED BY: Greg Malmquist, Fire Chief
THROUGH: Bruce Messelt, City Administrator
REVIEWED BY: Dave Snyder, City Attorney
SUMMARY AND ACTION REQUESTED:
The City Council is being asked to approve a non-binding Resolution authorizing City
support for a request for State Bonding Funds to be used to design and construct an East
Metro Regional Firefighter Training Facility.
MOTION FOR CONSIDERATION.-
Move to approve a Non-Binding Resolution in support of efforts to secure State bonding Funds
to design and construct and East Metro Regional Firefighter Training Facility.
STAFF REPORT:
City Fire staff have been asked to solicit Council support of efforts to secure State of
Minnesota Bonding Funds for design and construction of an East Metro regional
firefighter training facility. Attached Council will find a brief description of the proposal
and its benefits to Lake Elmo Fire and the East Metro region.
ADDITIONAL CONSIDERATIONS:
No City financial or participatory commitments are made through the passage of the
proposed resolution. However, it is anticipated that future training opportunities will
exist for Lake Elmo Fire, should such facility be constructed. As such, this training
would be available on a per-course or per-activity basis in a location generally more
conducive and affordable than that presently available. As such, future City budgets may
include funding for Firefighter training that may occur at this location.
--page 1 --
City Council Meeting Approve Resolution in Support of East Metro Fire Training Facility
November 17'',2009 Consent Agenda Item#7
ATTACHMENTS:
A. Proposal - East Metro Regional Fire Training Facility
B. Proposed Resolution No. 2009-044
ORDER OF BUSINESS (if removed from Consent Agenda):
- Introduction.................................................. Bruce Messelt, City Administrator
- Report/Presentation..............................................................................City Staff
- Call for Motion............................................................... Mayor& City Council
- Discussion................................................................................Mayor Facilitates
- Action on Motion.....................................................................Mayor Facilitates
--page 2--
East Metro Regional Fire Training Facility
A multi-jurisdictional partnership between a number of local fire departments and public
safety organizational is proposing to build and operate the East Metro Regional Fire Training
Facility. The project will be built to serve the training needs of local fire departments, police
and emergency management agencies, as well as training organizations like Century College.
The training facilities will use about 5 acres of the existing 26-acre site, and will follow the city
of Maplewood's sustainable building goals as described in their 2009 Comprehensive Plan. A
critical part of this project is to create and establish a buffer along the existing wetland edge to
enhance the functions and values of this high-quality wetland complex.
Currently, there are inadequate training facilities in the north and east metro and surrounding
areas for firefighting agencies to properly train. Some of the training facilities that east metro
departments are using now do not provide the full suite of training components needed to
meet National Fire Protection Association (NFPA) Standards. This facility will provide this
ability as well as achieving costs savings for local departments resulting from reduced travel
costs, and reduce time commitments needed to meet training requirements and keep them
closer to their response areas.
A Joint Powers Agreement will be developed and executed between the participating Local
Units of Government. The JPA will enable the establishment of the East Metro Firefighter
Training Facility, govern operations, maintenance, and provide financial accounting for the
Facility. In addition to serving the LGU's who are a part of the JPA, the facility will be available
for rental to other LGU's and agencies and the public sector.
This new facility will provide multi-disciplined training in: defensive tactics; live burn training;
live fire arms training; scenarios based training; hazardous materials and spill response; search
and rescue; confined space exercises and other specialized training.
HIGHLIGHTS
➢ Currently, 10 fire departments are providing service within Ramsey County and 14 fire
departments are providing service within Washington County utilizing over 1,400 paid-
per-call and full-time firefighters to cover a combined population of 716,158.
➢ In 1999, the Minnesota Department of Public Safety submitted to the Legislature a
statewide master plan for fire and law enforcement training facilities and at that time,
designated the East Metro region as a potential future site based on the number of fire
departments, firefighters and population.
➢ In an updated report of public safety training facility needs that was released in October
of 2009, the East Metro region was identified again as having training facility needs
based on population, number of departments and firefighters.
➢ Both the 1999 study and the most recent 2009 study recommended that funding should
be given to facilities with collaborative ownership or operation including federal, state
and local agencies and private sector organizations. This facility meets these
recommendations.
➢ The 2009 report identified the East Metro Regional Fire Training Facility as a potential
facility, along with two other colleges.
➢ This site will be available to the BCA, MnSCU, Homeland Security and Emergency
Management and other state and federal agencies and local communities.
➢ The training facility will ensure that the agencies can meet the minimum standards for
training established by the firefighters and police officer training boards, OSHA and the
National Fire Protection Agency (NFPA).
➢ Acquiring structures for live burn training is considered as a very high training
experience. But without this facility,the availability of such structures will soon become
limited to nonexistent in the East Metro area.
➢ Travel time and distance away from their responding areas makes utilizing other training
facilities within the metro area difficult. Also, the time available at these other facilities
is limited.
➢ It is difficult at this time for fire departments to meet their driving requirements and
their only options are utilizing local streets and parking lots. These areas do not support
the type of training that requires special setup or equipment.
' ➢ Some of the major training barriers are money, lack of access to training facilities and
equipment, specialized training and the time needed to setup, take down,travel and
train within a two-hourtimeframe.
➢ An integral part of the plan is to upgrade the site conditions following 40-years of
MnDOT operations. Numerous objectives identified by a joint venture called the
Marshlands, including soil remediation, wetland enhancement, trail construction and
joint use educational facilities will be incorporated into the site improvements.
FUNDING
Currently, we are seeking three million dollars from the 2010 bonding bill which will be
matched by three million dollars of local funding. We currently have obtained or have
commitments for approximately two million of the three million dollars needed for the match.
The ongoing operation and capital will be funded through a joint powers agreement (JPA) and
other fees. Century College has shown a great interest in using the facility in partnership with
the East Metro Regional Training Facility JPA to offer a range of educational classes.
City of Lake Elmo
Washington County, Minnesota
Resolution No. 2009-044
A RESOLUTION:AUTHORIZING SUPPORT FOR STATE BONDING FUNDS FOR
THE DESIGN AND CONSTRUCTION OF AN EAST METRO REGIONAL
FIREFIGHTER TRAINING FACILITY
WHEREAS, a coalition of fire departments from the East Metro Counties of
Ramsey and Washington are planning o build a regional command and training center in
the near future that will provide a state-of-the-art East Metro Regional Fire Training
Facility for fire safety training/management and meet the needs of other public safety
disciplines that will benefit all cities and other municipalities and,
WHEREAS, the fire departments are seeking support and funding from the state
and others to see this project come to full fruition.
WHEREAS, the fire departments are seeking support from all communities in
Ramsey and Washington counties due to the interest in state funding for the facility.
NOW, BE IT THEREFORE RESOLVED,that the City Council of Lake Elmo
does hereby support and recommend the concept of the East Metro Regional Fire
Training Facility.
That the City Council of Lake Elmo expects and anticipates that it will benefit
generally and possibly directly with the addition of this facility to the East Metro for
training and management purposes.
That the City Council of Lake Elmo therefore supports the consideration and
subsequent award of any grant by the state or their designee for the purposes of planning,
building or mobilizing such a facility.
Passed by the City Council of Lake Elmo.
Dated: November 17, 2009
Dean Johnston
Mayor of Lake Elmo
City Clerk Stamp:
City Council
Date: 11/17/09
CONSENT
Item: 8
MOTION
AGENDA ITEM: Approve Contractors Application for Payment and Change Order
#1 for Carriage Station picnic shelter project
SUBMITTED BY: Carol Kriegler,Project Assistant
THROUGH: Bruce Messelt City r Administ at
o ,�f
REVIEWED BY: Jerry Mazzera, Design Forum, Inc.
SUMMARY AND ACTION REQUESTED:
The City Council is being asked to approve an Application for Payment and Change
Order for the Carriage Station picnic shelter project. Construction on the shelter began
this fall and a substantial amount of the work is complete. The application for payment is
in the amount of$15,067.95.
MOTION FOR CONSIDERATION.-
Move to approve Contractors Application for Payment and Change Order#1 for
Carriage Station picnic shelter project
STAFF REPORT:
The current payment request includes only one Change Order, which reflects acceptance
of alternatives related to the concrete slab, as approved by the City Council at the
September 15 meeting, as well as deducts for the cost of the building permit and a length
of underground conduit that has been deemed excessive.
The Change order also includes an additional cost associated with the structure's trusses.
While the truss package was to be included in the materials and supplies donation
provided by Lowes, the donated trusses were sized for the larger shelter to be constructed
at a later date. A balance of donated materials and supplies, sized for the larger of the
two shelters, is being stored for future use. The Requested Amount of Change is in the
amount of$1,613.00
ATTACHMENTS:
A. Application and Certificate for Payment - - Carriage Station picnic shelter project
B. Change Order#1 —Carriage Station picnic shelter project
--page 1 --
City Council Meeting Payment& Change Order#1 for Carriage Station Picnic Shelter
November 17`h,2009 Consent Agenda Item#8
ORDER OF BUSINESS (if removed from Consent Agenda):
Introduction........................ Bruce Messelt, City Administrator
- Report/Presentation..............................................................................City Staff
- Call for Motion............................................................... Mayor& City Council
- Discussion................................................................................Mayor Facilitates
- Action on Motion.....................................................................Mayor Facilitates
--page 2--
GN FORUM
DE51
2009 3,3�FM ,14 N u let
b •r,
a t� ��' ° � � 'gin;, .. �
a,
�
:i'i
r
d' C
-05 lip
CC
W +�L
sOil,
p
a.., N ►��`�
PIS
Ulf
m
V
un
to
VI
all
Wk
ilk
Ap
kg
Lo
�'. _
Pli
t . r>
,�{ ��� cry !~- m ►- +� �' o � � � t t� �
�, �p ` •� � � Apr �`.. � �' ri
STOTKO
Change Order
SPEEDLING ChangeOrder#>`:1
' Change Order Date:10/29/2009
t303 EDDY ST. HASTINGS,MN 55033
Phone:651-480-0055 Fax;651-480-0079
Contractor License 420494906
To: City of Lake Elmo Parks Dept. Project: 20929
3800 Laverne Ave. North Lake Elmo Park Shelter
Lake Elmo MN 55042 Stillwater Blvd. & 50th St.
Lake Elmo MN 55042
The contractor agrees to perform and the owner agrees to Plans Attached
pay for the following changes to this contract. ❑
Ordered By: Specifications Attached ❑
Description of Work Amount
Altemate;5"Slab upgrade 376.00
Alternate:25 x 26 slab 550.00
Alternate: Delete underground conduit 126.00
Deduct Building Permit cost -626.00
Truss Change Order 1,339.00
Notes
Negative changes will lower the overall contract
price requiring no additional payment by owner. Requested Amount of Change 1,613.00
The original Contract Sum was....................__...................._...._.. ............_... »».........�.M,.»»»»».....W......._........»..,, 36,500.00
Net change by previous Change Orders .__..............................»..,....».......... ,...,, ......,,..,,..»,...._W -.... 0.00
The Contract Sum prior to this Change Order ........ .,...,.......... ., ............._»..,...-�._ 36,500.00
.The Contract Sum will be changed by this Change Order ,,. ..._...„„,.............................._............, . ..»,.w. 1,613.00
The new Contract Sum including this Change Order will be..»,,.,-...,_......-..............»»........-.....W................,.._.. 38,113.00
Owner: Date:
Contractor: pate: �' 2?loq
City Council
Date: 11/17/09
CONSENT
Item: 9
MOTION
AGENDA ITEM: Approve Grant Agreements with the State of Minnesota DNR for
Sunfish Lake Park Prairie Restoration Project and Sunfish Lake
Park Natural Resource Management Plan
SUBMITTED BY: Carol Kriegler,Project Assistant
THROUGH: Bruce Messelt, City AdministratoO
ll
REVIEWED BY: Jerry Mazzera, Design Forum,Inc.
SUMMARY AND ACTION REQUESTED:
The City Council is asked to approve grant agreements with the State of Minnesota DNR.
On June 16, 2009, the City Council passed resolutions in support of formal applications
to the Minnesota DNR Metro Greenways Program for Sunfish Lake Park. One grant
application was for a restoration grant related to the installation / management of prairie
in Area 2 while the other was for a conservation planning .grant related to the
development of a natural resource management plan for the entire park.
The DNR has since informed the City that they have been successful in securing both
grants and has offered Grant Agreements. The restoration grant has an expiration date of
June 30, 2011 and provides for $27,425.00 in financial support with the City required to
provide a 50% match in cash and in-kind services. It is estimated that the City's parks /
public works crew and volunteers can provide project related in-kind services valued at
approximately $6,375.00, resulting in an estimated balance of $21,425 in cash
expenditures through the grant expiration date. While the vast majority of prairie
establishment activity will occur within the designated grant period, there will be
continued prairie management activity over the next couple of years in order to ensure a
successful restoration project,which typically takes 5 years.
The conservation planning grant has an expiration date of June 30, 2011 and provides for
$8,306.25 in financial support with the City required to provide a 25% match, resulting in
an estimated balance of $2,768.75 in cash expenditures. Both of these expenditures
would be funding by the Park Dedication Fund.
MOTION FOR CONSIDERATION.-
Move to approve grant agreements with the State of Minnesota for Sunfish Lake Park Prairie
Restoration Project and Sunfish Lake Park Natural Resource Management Plan
-- page 1 --
City Council Meeting DNR Grant Agreements
November 171h,2009 Consent Agenda Item#9
STAFF REPORT:
Sunfish Lake Park Prairie Restoration Grant. The Minnesota DNB's Metro Greenways
program was established to protect, connect and restore natural areas in the Twin Cities
metropolitan region. The program provides grants through a competitive process to local
units of government to protect, restore, and enhance high quality natural habitats. Metro
Greenways restoration project grants provide funding for 50% of total project costs.
Area 2 of Sunfish Lake Park is a 20 acre parcel that has been in agriculture for a number
of years. Most recently the area has been planted in wheat. The recently finalized
Conservation Easement for the park calls for this area of the park to eventually be
restored to a plant community native to the area. An ecologist has recently identified
small areas within the park as mesic prairie. Restoration of the area to a native plant
community will result in improved wildlife habitat, increased plant diversity and
improved aesthetics for park users and residents. The installation of the project and
subsequent management practices would be based on sound and well-founded ecological
principles. The goal of the restoration project is to establish a plant community (prairie)
that closely resembles what would have existed in pre-settlement times.
Key project requirements set forth by the Minnesota Department of Natural Resources
Grant Agreement include the following:
1) The restoration must utilize seeds and plants only of native ecotypes to Minnesota
and preferably of the local ecotype using a high diversity of species originating as
close to the restoration site as possible.
2) The project must have an ecological restoration and management plan that is
consistent with the highest quality conservation and ecological goals for the
restoration site. The plan should give consideration to factors such as soil,
topography, geology, and other relevant factors that would provide for the best
chance of long-term success of the restoration. The plan should include a
timetable for implementing the restoration, including identifying long-term
maintenance and management needs of the restoration.
Sunfish Lake Park Natural Resource Management Plan Grant: The Metro Greenways
Grant Program offers grants for the development of natural Resource Green
Infrastructure Based Plans. Reimbursement for the conservation planning grants is 75%.
Sunfish Lake Park is an area with significant natural features, wetland, woodland, and
grassland plant communities which have become degraded over time, primarily through
colonization by invasive plants. Water quality,wildlife habitat and enjoyment of the park
by users have been reduced as plant diversity and habitat quality have decreased. These
native plant communities are still at a point where they can be improved with planned
-- page 2 --
City Council Meeting DNR Grant Agreements
November 17'h,2009 Consent Agenda Item#9
conservation management. Such management will result in improved wildlife habitat and
water quality with the added benefit of improved aesthetics for park users.
The goal of a natural resource management grant for Sunfish Lake Park is to assess
current status of park natural resources and prepare a long-term management plan to
address ways to improve the plant communities so that they function to protect water
quality and improve wildlife habitat.
Objectives of the natural resource management plan include the following;
1. Survey the existing plant communities to determine species composition and
degree of disturbance/degradation
2. Survey presence of invasive plants and degree of invasiveness
3. Develop management protocols for invasive plants
4. Develop plans for re-planting and establishing native tree, shrub and ground-layer
plant species
ATTACHWNTS:
A. State of Minnesota Grant Agreement—Sunfish Lake Park Prairie Restoration
B. State of Minnesota Grant Agreement—Sunfish Lake Park Natural Resource
Management Plan
ORDER OF BUSINESS (if removed from Consent Agenda):
- Introduction.................... ............................. Bruce Messelt, City Administrator
Report/Presentation..............................................................................City Staff
Call for Motion...............................................................Mayor& City Council
- Discussion................................................................................Mayor Facilitates
Action on Motion.....................................................................Mayor Facilitates
__ page 3 -
D
STATE OF MINNESOTA
GRANT AGREEMENT
This grant agreement is between the State of Minnesota,acting through its Commissioner of Natural Resources("State")
and the City of Lake Elmo("Grantee").
Recitals
1) Under Minn. Stat. 84.026 the State is empowered to enter into this grant.
2) The funds for this grant were appropriated to the Commissioner under M.L. 2009,Chapter 143,SubdAf from the
Environmental Trust Fund administered by the Legislative and Citizen Commission on Minnesota resources
3) The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to
the satisfaction of the State.
Grant Agreement
1. Term of Grant Agreement
1.1.Effective date: Costs may be'incurred for this Agreement upon LCCMRs approval of the Work Program or July 1,
2009,whichever is later,although no reimbursements will be made until this Agreement is fully executed. This
Agreement shall become legally effective upon such date as it is executed by the:Commissioner of the Minnesota
Department of Natural Resources or July 1.,2009,whichever is later.
1.2.Expiration date: June 30,2011,or until all obligations have been satisfactorily fulfilled,whichever occurs first.
2. Grantee's Duties
WHEREAS,an-application has been submitted to the STATE for a portion of the funds needed to carry out
restoration activities on approximately 20 acres in the manner described by the 2009 Metro Greenways project
application,which is incorporated into this Agreement by reference,and according to Attachment A,B and C of this
document.
WHEREAS,the GRANTEE represents that it is duly qualified and willing to perform the services set forth herein.
NOW,THEREFORE, it is agreed:
The GRANTEE shall carry out restoration activities and perpetually maintain the property(hereinafter"the project"). .
as described in Attachinent A at the location shown on Attachment B,both of which are incorporated by reference and
made a part of this Agreement.
The GRANTEE agrees to complete the project in accordance with the work plan and budget as described in Attachment A
to the extent practicable and within the project period specified in the Agreement and to adhere to the guidelines in
Attachment C. ,Any material change in the scope of the project,budget or completion date shall require prior written
approval by the STATE,as described in section 7.2 of this.Agreement before action is taken on the change.
3. General conditions
3.1. The GRANTEE acknowledges that these funds are proceeds from the State of Minnesota Environment and
Natural Resources Trust Fund.(hereinafter the"Trust Fund"),which is subject to certain legal restrictions and
requirements,including Minnesota Statutes Chapter 116P. The GRANTEE is responsible for compliance with
this and all other relevant state and federal laws and regulations-promulgated pursuant thereto governing the
proceeds of the Trust Fund in the fulfillment of the project. Specific to the restoration of land:
3.1.1. Restorations must utilize seeds and plants only of native ecotypes to Minnesota and preferably of the
local ecotype using a high diversity of species originating as close to the restoration site as possible. When
restoring prairies, existing prairies must be protected from genetic contamination. The GRANTEE agrees to
follow the seed source/seeding guidelines specified in Attachment C.
PAGE i OF 7
3.1.2. Restoration and enhancement projects must have an ecological restoration and management plan that
is consistent with the highest quality conservation and ecological goals for the restoration site.The plmi
should give consideration to factors such as soil,topography,geology, and other relevant factors that would
provide for the best chance for long-term success of the restoration. The plan shall include the activities and
timetable that will be carried out to prepare the site, the seed or seedlings to be planted and when they wi11
be planted,the initial maintenance activities and when they will be carried out to establish the vegetation,
and the long terns maintenance and management activities including how they will financed and who will be
responsible for their implementation. The plan shall take advantage of the best available science and
include innovative techniques to achieve the best restoration
3.2. Funds made available pursuant to this agreement shall be used only for expenses incurred in performing and
accomplishing the purposes and activities specified herein,.Notwithstanding,all other provisions of this
agreement,it is understood that any reduction or termination of funds allocated to the state may result in a like
reduction to the grantee.
4. Payment. Agreement shall be paid by the STATE as follows:
4.LReimbursement of an amount not to exceed$27,425 will be payable to GRANTEE as set out in Attachment A.
The total state obligation for all compensation and reimbursements to grantee shall not exceed: $27,425.
4.2.The STATE shall disburse funds to the GRANTEE pursuant to this Agreement on a reimbursement basis,
based upon a payment request and required expenditure documentation submitted by the GRANTEE and
reviewed and approved by the STATE. The GRANTEE shall be limited to no more than three payment
requests during the period covered by this Agreement. The GRANTEE shall submit a final billing within 30
days of the end of the project period.
4.3.The State.will promptly pay the Grantee after the Grantee presents:
4.3.1.Submission of a restoration and management plan that meets the requirements in 3.1.2.
4.3.2.1temized invoice for the services actually performed and the State's Authorized Representative accepts
the invoiced services.
4.3.3.Di cementation that the invoice has been paid by the Grantee.
4.3.4.Documentation of the Genus and species of seeds or plant materials used in the restoration and where
the seeds/plants originated as outlined in Attachment C.
4.3.5.All services provided by the Grantee under this grant contract must be performed to the State's
satisfaction,as determined at the sole discretion of the State's Authorized Representative and in
accordance'witb all applicable federal, state,and local laws,ordinances,rules,and regulations. The
Grantee will not receive payment for work found by the State to be unsatisfactory or performed in
violation of federal,state, or local law,
4.4. Conditions of Payment. All services provided by the Grantee pursuant to this Agreement shall be performed
to the satisfaction of the State,as determined at the sole discretion of its Authorized Representative,and in accord
witli all applicable federal, state,and local laws, ordinances,rules and.regulations. The Grantee shall not receive
payment for work found by the State to be unsatisfactory or performed in violation-of federal, state or local law,
ordinance,rule or regulation.
5. Authorized Representative
The State's Authorized Representative is Mar-ybetlt Block, DNR Region 3 Community Assistance Unit, 1200
YYarrzerRoad, St. Pa.atl, MN 55106; 651-259-5835;Marybeth.block@state.inn.us, or his/her successor,and has the
responsibility to monitor the Grantee's performance and the authority to accept the services provided under this
grant agreement. If the services are satisfactory,the State's Authorized Representative will certify acceptance on
each invoice submitted for payment. The Grantee's Authorized Representative is Carol Krigler, CiAt gfLake Elmo,
3800 Laverne Ave. North,Lake Elmo, MN 55402, 651-233-5406, ckriegler@lalreelrno.org. If the Grantee's
Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify
the State.
.6. SUBCONTRACTORS
The Grantee agrees that if they subcontractt any portion of this Project to another entity that the agreement with the
sub-recipient will contain provisions of the approved LCCMR Subcontractor Agreement in its entirety,or the
applicable portions of the agreement subject to approval of the DNK A-sample subcontractor agreement is
available on the LCCMR website at litt ://www.lrcnir.le .n1n/Pro'ect-Mane er-Info/Mana erinformation.htm]
Project managers who will award contracts outside of the Grantee's workforce must give consideration to'
contracting with the Minnesota Conservation Corps for contract restoration and enhancement services.
7. Assignment,Amendments,Waiver,and Grant Agreement Complete
7.1. Assignment The Grantee may neither assign nor transfer any rights or obligations tinder this grant
agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and
approved by the same parties who executed and approved this grant agreement,or their successors in office..
7.2.Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it
has been executed and.approved by the same parties who executed and approved the original grant
agreement, or their successors in office.
7.3.Waiver. If the State fails to enforce any provision of this grant agreement,that failure does not waive the
provision or its right to enforce it..
7.4.Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the
State and the Grantee. No other understanding regarding this grant agreement,whether written or oral,may
be used to bind either party.
8. Liability
The Grantee must indemnify,save, and hold the State,its agents,and employees harmless from any.claims of
causes of action, including attorney's fees incurred by the State,arising from the performance of this grant contract
by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies
the Grantee.may have for the State's failure to fulfill its obligations under this grant contract.
9. State Audits
Under Minn. Stat.1.6C.05,subd. 5,the Grantee's books,records,documents,and-accounting procedures.and
practices relevant to this grant agreement are subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement,
10. Government Data Practices and Intellectual.Property
Data collected by the projects funded under this section that have value for planning and management of natural
resource,emergency preparedness,and infrastructure investments must conform to the enterprise information
architecture developed by the Office of Enterprise Technology(or its successor.)Spatial data must conform to
geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota
Geographic Data Clearinghouse at the Land Management Information Center. A description of these data that
adheres to the Office of Enterprise Technology(or its successor)geographic metadata standards must be submitted
to the Land Management Information Center to be made available online through the clearinghouse and the data
must be accessible and free to the public unless made private under the Data Practices Act.,Minnesota Statutes,
chapter 13.To the extent practicable;summary data and results of projects funded this section should be
readily accessible on the Internet and identified as an environment and natural resources trust fund project.
11. Worker's Compensation
The Recipient certifies that it is in compliance with Minn: Stat, § 176.181, sub.d.2,pertaining to workers'
compensation insurance coverage. The Recipient's employees and agents will not be considered State employees.
Any claims that may.arise under the Minnesota Workers' Compensation Act on behalf of these employees and
any claims made by any third party as a consequence of any act or omission on the part of these employees are in
no way the State's obligation or responsibility.
12. Publicity and Endorsement
12.1 .Publicity.
The Recipient agrees to acknowledge the trust fund's financial support for this project. Any statement,press
release,bid, solicitation, or other document issued describing the project shall provide information on the amount
and proportion of trust fund money supporting the total cost of the project.
See the LCCMR website: h ://www.lccmr.le" .rmi/ roject-mans er-info/maua eiinforrnation.htmi for a full
description of acknowledgement guidelines.
PAGE 3 OF 7
Any site(land or property)improved by this project that display a sigh, in a form approved by the LCCMR,
acknowledging that the site has received funding from the Minnesota Environment And Natural Resources Trust
Fund.
12.2 Endorsement. The Grantee must not claim that the State endorses its.products or services.
Governing Law,Jurisdiction,and Venue
Minnesota law,without regard to its choice-of-law provisions,governs this grant agreement. Venue for all legal
proceedings out of this grant.agreement,or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County,Minnesota.
13, Termination
The State may cancel this grant agreement at any time, with or without cause, upon 30 days' written notice to the
Grantee. Upon termination,the Grantee will be entitled to payment,determined on a pro rata basis, for services
satisfactorily perfonned.
14. Data Disclosure
Under Minn. Stat. 270C.65,subd.3,and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number,already
provided to the State,to federal and state tax agencies and state personnel involved in the payment of state
obligations.. These identification numbers may be used in the enforcement.of federal and state tax laws which
could result inaction requiring the Grantee to file state tax returns and pay delinquent state tax liabilities,if any.
1, STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certffies that fiends have been encumbered as
req�d by A97nn..Staz GA.15 and 16C.05. By:
/?� (with delegated authority)
Signed: 4�^I_�PaOMIAP, Title:
Date: Date:
CFMS Grant Contract No.
2. GRANTEE
TheGrantee certifies that the appropriate person(s)have
executed the grant agreement on behalf of the Grantee as reduiredby applicable articles,bylaws,resolutions,or ordinances.
By: By:
Title: Title:
Date: Date:
Distribution:
Agency Grantee Stite's Authorized Representative
PAGE 4- OF 7
ATTACHMENT A
WORK PLAN, BUDGET AND DOCUMENTION
Grantee: Lake Elmo
Project Name: Sunfish Lake Park Prairie Restoration
Grant Amount: $27,425
Project Description: Carry out restoration activities at a city park to restore mesic prairie (tallgrass)
d
Esfiimate
Acr Metro LGU LGU
Project Activities es Completion Greenway$ Cash Inkind $
Date
1. Herbicide application (if necessary) 20 Spring'10 $1,500 $1,500
2. Seed bed preparation,seed mix, 20 Spring 110 $12,0.00 $12,000
installation
3. Straw mulch &disc anchor 20 -,Spring 11Q... $3,500 ,$3,500
4. Lime soil ammendment if necessary) 20 S p ein `I0`a. $800 $800
5. Plant 3000 seedlings 2.3 S ring '1"0 >, $3,375 $3,375
6. Spot spray perennial weeds 20 Summer'10 ;`$2,250 $2,250
7. Mow annual weeds 20 Summer 10 $1,600 $1,500
8. Sots ray erennialweeds 20 "Summer'11 $1,000 $1,000
9. Mow annual weeds '201 Summer'11 $1,500 $1,500
Tofia:f $27,425 $21,050 $6,375
Documentation for Reimbursement
1. Submission of a restoration and management plan that meets the requirements in 3.1.2 of the grant
agreement.
2. Itemized invoice for the services actually.performed and the State's Authorized Representative accepts
the invoiced services.
3. Documentation that the invoice has been paid by the Grantee.
4. Documentation of the Genus and species of seeds or plant materials used in the restoration and where
the seeds/plants originated as outlined in Attachment C.
Final Report Contents
1. Final project costs by activity.
2. Report of the challenges and success of each activity.
3. Adjustments, if any to the restoration and management plan.
��`� j ly}x't a '�.0 r� a �� 't� I ���4 5 � Y+r„� ,� �., •_ �IaL� .
-
-1
MS ��h _ {����il+ez� s S� r� ,� r��"z ``� s I ,�,s s a�,qSN �: •�"
55nis1 fi t r Ls<x I tir r1.;{
'$el srt,cL is r
�l� S#,J� L -Y�Lt�e� -4y.`i �t f. >� ?,'�' �
lT I #.! r
I.� •a s i �aY - j a .�?e i.� re
a 42 tl 3a'`1s } }+h s r,_ ,! t.: _ s'" rr �•; E G 2�''�`r '
WE
ss.x �.
i,- L .Ans�l,r ; .s "T's..-_a r:',f�# F d� ^! L As "f `t Srl Is rrfl 11
SettiOri 14
7,1
pt
L,. � ��, � ". � - � - I Yxf145414 5 1 i- •-,�,F ssLYr sc t
3
FIR,� ."� sr41 rf3 a: EYE--. -?.t-�•�.w� � s + €� •a7'r�'; �' �E"a r -�P
I lrf 4
>e � I s 'e i s few,,-1 t ,, �� of /'c 'I"aiu, §• V �K - rtx -� 1 .
agexussx
WrS,
- �I , + k F�• •!; a 3r
H. ":- J^^,+.. & 1 °. x�tir .`"" &..r y s'_ ,:� ,q lu - ti• 7 -{ "sen' YF-
r�F1: , .-? >; �:� '�""i-LL � -; t s' •,� oLif" gs '��„,t .�'��4•.n- - ,�.'_:e"r.� q'=.�„F�� '�4"-,:.'g �,�� ,rs�E .f` r-��,�e ik� �:y-.. F ,�F"i�"T-dr n`s ,+.r ..5.�.-+:�s -t..-.o» x•++ `—�--" Y-
f
Attachment C
Attachment C: Seed Sourcing Guidelines
(ADAPTED IN OM TIIF, BOARD OF I PATER AND SOIL RFSOURCFS GUIDFLINFS)
Intent: The information in this fact sheet summarizes guidelines for native seed origin and use. Consistent with
the Environmental and Natural Resources Trust Fund legislation, projects are required to use local sources of
seed and strive for diversity levels that will provide high levels of ecological function.
Ecological Restoration/Habitat Projects:
Projects should focus on using high levels of diversity to promote native community stability and function,
benefits to multiple wildlife species and to prevent establishment of species. The NRCS 643 Practice
Standard, "Restoration and Management of Rare and Declining Habitats"can be used as guidance for
ecological restoration/habitat projects. The standard provides guidelines for project planning, implementation
and maintenance.
Seed Source:To the extent possible, seed must be obtained from as close to the project site as possible with
an emphasis on obtaining seed from the local eco-type region. The Minnesota DNR reap, "County Landscape
Groupings Based on Ecological Subsections" (1�1TTP://\1'11%11%.DNR,STt11 L.��N.USiECQ/PUBS MAII&1--TMIJ can be
used as a guide for selecting seed from local eco-type regions.' The map shows the general grouping of
counties that have eco-type similarities. Projects near a state border can use seed from the adjoining state as
long as the eco-type conditions in the adjoining state are similar to the project location.
Yellow Tag Seed:When available, source identified (Yellow ag)seed through the Minnesota Crop
Improvement.Association (MCIA) shall be used over non-Source lb seed. See the following website for a
survey of yellow tag seed availability; http://www.ninci:a,-,6,rol. Flexibility regarding the use of yellow tag seed can
be granted by local staff when appropriate,:such as when eed from.local remnant communities will be used for
a project, or the available yellow tag.seed is not of a local source.
Native CultivarNariety Use:The first priority for seed should be that which comes.from as close to the project
site as possible<and has not been intentionally selected for traits such as height, aggressiveness and color. If
the original collection sites used for the development of a variety were from areas local to the,project site, then
the variety may be appropriate for a project.
Protecting Existing Native Prairies and Seed Production Areas: Remnant prairies and seed production
areas should be protected from non-local sources of seed. Cultivars and varieties of native species should not.
be used next to these areas to limit genetic influences. A buffer distance of one-quarter mile is recommended.
Experienced resource professionals should be involved in seed selection and management planning when
working in or near remnant prairies.
Seed,Labeling: All seed shall be supplied as pure-live seed (PLS) and conform to State seed requirements for
noxious weed content and State labeling requirements. The county of origin should be listed on the seed tag
for all species in a mix to provide verification of seed source. Information about individual components in a mix
is required for all species, including those that constitute less than 5% of the total mix.
STATE OF MINNESOTA
GRANT AGREEMENT
This grant agreement is between the State of Minnesota,acting through its Commissioner of Natural Resources("State")
and the City of Lake Elmo("Grantee").
Recitals
1) Under Minn. Stat. 84.026 the State is empowered to enter into this grant.
2) The funds for this grant were appropriated to the Commissioner under M.L.2009,Chapter 143, SubdAf from the
Environmental Trust Fund administered by the Legislative and Citizen Commission on Minnesota resources
3) The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to
the satisfaction of the State.
Grant Agreement
1. Term of Grant Agreement
I.A.$ffective date: This Agreement shall become legally effective upon such date as it is fully executed and signed by
the Commissioner of the Minnesota Department of Natural Resources or a delegated representative appointed by
the commissioner, or by July-1,2009,whichever is later.
1.2.Expiration date: June 30,2011, or until all obligations have been satisfactorily fulfilled,whichever occurs first.
2. Grantee's Duties
WHEREAS,an application has been submitted to the STATE for a portion of the funds needed to carry out
WHEREAS,the GRANTEE represents that it is duly qualified and willing to perform the services set forth herein.
NOW,THEREFORE, the GRANTEE will 1)Survey the composition and quality of plant communities at Sunfish
Lake Park; 2)Assess the accuracy of the plant communities,invasive species and overall quality identified
in Washington County's MN Land Cover Classification System data; and 3)Draft a management plan with
goals to improve plant communities, decrease the incidence of invasive plants and restore appropriate
native species.
The GRANTEE agrees to complete the project in accordance with the work plan and budget as described in
Attachment A to the extent.practicable and within the project period specified in the Agreement. Any material
change in the scope of the project, budget or completion date shall require prior written approval by the STATE, as
described in section 7.2 of this Agreement before action is taken on the change.
3. General conditions
3.1. The GRANTEE acknowledges that these funds-are proceeds from the State of Minnesota Environment and
Natural Resources Trust Fund(hereinafter the"Trust Fund"),which is subject to certain legal restrictions and
requirements, including Minnesota Statutes Chapter 116P. The GRANTEE is responsible for compliance
with this and all other relevant state and federal laws and regulations promulgated pursuant thereto governing
the proceeds of the Trust Fund in the fulfillment of the project.
3.2. Funds made available pursuant to this agreement shall be used only for expenses incurred in performing and
accomplishing the purposes and activities specified herein. Notwithstanding,all other provisions of this
agreement,it is understood that any reduction or termination of-funds allocated to the state may result in a like
reduction to the grantee.
DNR METRO GREENWAYS GRANT AGREEMENT
COMMUNITY CONSERVATION ASSISTANCC
OCTOBER 2009 PAGE 1 OF 5
3.3. The GRANTEE shall submit status reports to the STATE by the end of June and December of each year and a
final report no more than 30 days after the end of the Grant period and prior to receiving final reimbursement.
4. Payment. Agreement shall be paid by the STATE as follows:
4.1.Reimbursement of an amount not to exceed$8,306.will be payable to GRANTEE asset out in Attachment A..
The total state obligation for all compensation and reimbursements to grantee shall not exceed: $8.306
4.2.The STATE shall disburse funds to the GRANTEE pursuant to this Agreement on a reimbursement basis,
based upon a payment request and required expenditure documentation submitted by the GRANTEE and
reviewed and approved by the STATE. The GRANTEE shall be limited to no more than three payment
requests during the period covered by this Agreement. The GRANTEE shall submit a final billing within 30
days of the end of the project period.
4.3.The State will promptly pay the Grantee after the Grantee presents:
4.3.1.Itemized invoice for the services actually performed and the State's Authorized Representative
accepts the invoiced services.
4.3.2.Documentation that the invoice has been paid by the Grantee.
4.4. Conditions of Payment. All services provided by the-Grantee pursuant to this Agreement shall be performed
to the satisfaction of the State,as determined at the sole discretion of its Authorized Representative,and in
accord with all applicable federal, state,and local laws,ordinances,rules and regulations. The Grantee shall not
receive payment for work found by the State to be unsatisfactory or performed in violation of federal,state or
local law, ordinance,rule or regulation.
5. Authorized Representative
The State's Authorized Representative is Marybeth Block, DNR Region 3 Community Assistance Unit, 1200 Warner
Road, St. Paul, AN 55106; 651-259-5835; Marybeth.block@state.mn.us, or his/her successor, and has the
responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant
agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on.each
invoice submitted for payment. The Grantee's Authorized Representative is Carol Kriegler,..City of Lake Elmo, 3800
Laverene Ave North, Lake Elmo, MN 5504; 651-777-5510 ext 5507. If the Grantee's Authorized Representative
changes at any time during this grant agreement, the Grantee roust.immediately notify the State.
6. SUBCONTRACTORS
The Grantee agrees that if they subcontract any portion of this Project to another entity that the agreement with the
sub-recipient will contain provisions of the approved LCCMR Subcontractor Agreement in its entirety,or the
applicable portions of the agreement subject to approval of the DNR. A sample subcontractor agreement is available
on the LCCMR website at http://www.Icenrr.teg.r n/Project-Manager-hifo/Mana erinformation.html
7. Assignment,Amendments,Waiver,and Grant Agreement.Complete
7.1. Assignment The Grantee may neither assign nor transfer any rights or obligations under this grant
agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and
approved by the same parties who executed and approved this grant agreement,or their successors in office.
7.2.Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it
has been executed and approved by the same.parties who executed and approved the original grant
agreement, or their successors in office.
7.3.Waiver. If the State fails to enforce any provision of this grant agreement,that failure does not waive the
provision or its right to enforce it.
7.4.Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the
State and the Grantee. No other understanding regarding this grant agreement,whether written or oral,
may be used to bind either party.
DNR METRO GREENWAYS GRANT AGREEMENT
COMMUNITY CONSERVATION ASSISTANCE
•OCT'OBER 2009 PAGE 2 OF S
8. Liability
The Grantee must indemnify, save,and hold the State,its agents, and employees harmless from any claims or causes
of action,including attorney's fees incurred by the State,arising from the performance of this grant contract by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee
may have for the State's failure to fulfill its obligations under this grant contract.
9. State Audits
Under Minn. Stat.16C.05, subd.5,the Grantee's books,records,documents, and accounting procedures and practices
relevant to this grant agreement are subject to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate;for a minimum of six years from the end of this grant agreement.
10. Government Data Practices and Intellectual Property
Data collected by the projects funded under this section that have value for planning and management of natural
resource, emergency preparedness,and infrastructure investments must conform to the enterprise information
architecture developed by the Office.of Enterprise Technology(or its successor.)Spatial data must conform to
geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota
Geographic Data Clearinghouse at-the Land Management Information Center.A description of these data that adheres
to the Office of Enterprise Technology-(or its successor)geographic metadata standards must be submitted to the
Land Management Information Center to be made available online through the clearinghouse*and the data must be
accessible and free to the public unless made private under the Data Practices Act,Minnesota Statutes,chapter 13.To
the extent practicable, summary data and results of projects funded under this section'should be readily accessible on
the Internet and identified as an environment and natural resources trust fund project.
11. Worker's Compensation
The Recipient certifies that it is in compliance with Minn. Stat. § 176.181,subd.2,pertaining to workers'
compensation insurance coverage. The Recipient's employees and agents will not be considered.State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no way
the State's obligation or responsibility.
12. Publicity and Endorsement
12.1 Publicity.
The Recipient agrees to acknowledge the tract fund's financial support for this project. Any statement,press
release,bid,solicitation,or other document issued describing the project shall provide information on the amount
and proportion of trust fund money supporting the total cost of the project. See the LCCMR website:
htt ://www.lccmr:le .mn/ ro'ect-mana er-info/mans erinfonnation.html for a full description.of
acknowledgement guidelines.Any site(land or property)improved by this project that display a sign, in a form
approved by the LCCMR,acknowledging that the site has received funding from the Minnesota Environment
And Natural Resources Trust Fund.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
12. Governing Law,Jurisdiction, and Venue
Minnesota law,without regard to its choice-of-law provisions,governs this.grant agreement. Venue for all legal
proceedings out of this grant agreement,or its breach,must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County,Minnesota,
14. Termination
The State may cancel this grant agreement at any time,with or without cause,upon 30 days'written notice to the
Grantee. Upon termination,the Grantee will be entitled to payment,determined on a.pro rata basis,for services
satisfactorily performed.
DNR METRO GREENWAYS GRANT-AGREEMENT
COMMUNITY CONSERVATION ASSISTANCE
00'OBER 2009 PAGE 3 OF 5
15. Data Disclosure
Under Minn. Stat. 270C.65, subd:3,and other applicable law,the-Grantee consents to disclosure of its social security
number,federal employer tax identification number,and/or Minnesota tax identification number,already provided to
the State,to federal and state tax agencies and state personnel involved in the payment of state obligations, These
identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Grantee to file state tax returns and pay delinquent state tax liabilities,if any.
1. STATE ENCUMBRANCE VERIFICATION
By:
Signed:
Date:
CFMS Grant Contract No,13-
2. GRANTEE
The Grantee certifies that the appropriate.person(s)have
executed the grant-agreement on behalf of the Grantee as required
by applicable.articles,bylaws,resolutions,or.ordinances.
nttY3irri The City of Lake Elmo
By:
Title:
Date:
3. GRANTOR
Organization Name: Minnesota Department of Natural Resources
By:
Title:
Date:
IaNR METRO GREENWAYS GRANT AGRITME•NT
COMMUNITY CONSERVATION ASSISTANCT
OCTOBER 2009 PAGE 4 OF 5
ATTACHMENT A
Grantee: The City of Lake Elmo
Project Name: Natural Resource Assessment and Management Plan for Sunfish Lake Park.
Grant Amount: $8,306
Project Description: Survey the composition and quality of plant communities at Sunfish Lake Park and
using that information assess the accuracy of the plant communities, invasive species and overall-
quality.identified in Washington County's MN Land Cover Classification System data. Draft a
management plan with goals to improve plant communities, decrease the incidence of invasive plants
and restore appropriate native species.
Budget
Key Project Activities Estimated Metro Other LGU LGU In-
Completion Greenways Grants* Cash kind in $
• Date $
1. Survey of Plant Communities and November $6,412.50 0 $2,137.60 0
assessment of the MLCCS information. 2010
2. Preparation of the Natural Resource May 2011 $1,893.75 0 $631.25 0
Management Plan
Totals $8,306.25 $2,768.75
Documentation for Reimbursement
1. Itemized invoice for the services actually performed and the State's Authorized Representative accepts
the invoiced services.
2. Documentation that the invoice has been paid by the Grantee.
Final Report Contents
1. Final project costs by activity.
2. Report of the challenges and success of each activity.
3. Adjustments, if any to the restoration and management plan.
DNR METRO GREEN WAYS GRANT AGREEMENT
COMMUNITY CONSERVATION ASSISTANCE
OCTORER 2009 PAGE 5 Or 5
City Council
Date: 11/17/09
REGULAR
Item: 10
MOTION:
AGENDA ITEM: Response to the Metropolitan Council on 2030 Comprehensive Plan Update
THROUGH: Bruce Messelt, City Administrator�►�
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Kelli Matzek, City Planner
Dave Snyder, City Attorney
SUMMARY AND ACTION REQUESTED:
The City Council is asked to review the context of the City's proposed response to the
Metropolitan Council regarding its June 19, 2009 letter to the City indicating that the 2030
Comprehensive Plan update the City submitted earlier in the year is incomplete with respect to
compliance with Lake Elmo's 2005 systems' statement. Upon completion of its review, the City
Council is asked to authorize the City to submit the information included herein in response to
the notice of incompletion.
Suggested Motion: Move that City staff be directed to submit the information presented
herein [and/or as amendedlmodified tonight] in response to the Met
Council's notice of incompletion regarding the 2030 Comprehensive
Plan Update.
STAFF REPORT:
Since receiving the late June the notice of incompletion, the City has held several discussions
with representatives and staff from the Met Council in a good-faith effort to forge a workable
pathway toward resolution of outstanding issues, including final approval of the City's 2030
Comprehensive Plan Update. Additional effort and information is forthcoming to the Council
with respect to issues and proposed resolutions relating to anticipated future development of
Lake Elmo, currently proposed sewer connection timelines and targets, and the like.
However, with respect to the City's 2030 Comprehensive Plan Update, the Met Council
specifically noted four elements of the plan that were deemed incomplete:
• Government Unit Review. The City of Lake Elmo provided copies of the Comprehensive
Plan Update to adjoining communities in June 2009. Under state statutes, these
communities have a maximum of six months to review the plan. To date, the City has
--page 1 --
City Council Meeting Response to Met Council on Comprehensive Plan Update
November 17d',2009 Agenda Item#10
received 3 responses back (Washington County, City of Oak Park Heights and City of
Stillwater). Given the timing of the Comprehensive Plan update, it is understood that all
comments will need to be forwarded to the Met Council once they are received.
• Community and Individual Sewage Treatment Systems (ISTS). The Met Council
requested updated community and individual sewage treatment systems numbers from
the 2006 Comprehensive Plan. Staff has researched these numbers and will be able to
provide updated figures.
• Housing. The Met Council noted that the Comprehensive Plan update does not
acknowledge the City's share of affordable housing in the 2011-2020 time frame and that
the plan should state that future updates should include language indicating how the City
will work to achieve these targets. Staff has developed a response to this concern,
specifically noting that the 2006 Housing Plan was previously accepted by the Met
Council and that future land use updates will include implementation strategies for
addressing the City's housing needs. Moreover, staff has emphasized with the Met
Council the City's desire to address the legitimate issue of allowing development of a
range of housing options, but that the City may elect utilization of implementation and
fiscal and land use tools—as is listed by the Met Council as a legitimate response -rather
than the merely suggested density modifications. In doing so, the City intends to explore
successful models of workforce and life-cycle housing policies and programs (usually
financial and land use based)that allow for creation of just such a housing stock spectrum
without sacrificing overall community identity or forcing unwanted area-wide density
modifications or specific high-density developments.
• Implementation. Minnesota Statutes requires a comprehensive plan to include an
implementation section describing the tools, fiscal devices, and official controls that a
City will use to implement its plan. The City of Lake Ehno's 2005 Comprehensive Plan
submission did not include a separate implementation section, although much of the
discussion concerning the City's goals and policies provided a general indication
regarding how these goals and policies would be implemented. Each of the major
sections updated with the 2009 submission to the Met Council, including Transportation,
Surface Water Management, and Water Supply, included detailed implementation
provisions. The Parks and Trails sections also included recommended implementation
measures. Other sections, including the land use and housing chapter included only
limited implementation language. For these chapters, staff reviewed the current
provisions contained in the Comprehensive Plan and has suggested implementation
language consistent with these provisions. The proposed implementation chapter,
therefore, does not contain any language that is not supported elsewhere in the City's
Comprehensive Plan.
ADDITIONAL INFORMATION—Proposed Response Summarv:
Staff is seeking Council authorization to submit the following information to the Met Council in
response to the notice of incompletion regarding the 2030 Comprehensive Plan Update:
• Government Unit Review: The City of Lake Elmo has submitted a copy of the 2030
Comprehensive Plan update to neighboring communities and expects to receive all
--page 2--
City Council Meeting Response to Met Council on Comprehensive Plan Update
November 17",2009 Agenda Item#10
comments prior to December 31,2009. To date, three responses have been received. All
comments will be submitted to the Met Council at the end of the official comment period.
• Community and Individual Sewage Treatment Systems (ISTS). The information
requested is as follows:
2006 2009 (to elate)
ISTS Systems 21,030 2,071
Community Wetland 10 12
Systems
"201" Community Systems 7 7
• Housing. As part of any future land use updates to the sewered development areas
within the City of Lake Elmo, the City will plan for a spectrum and variety of housing
options within these areas and promote appropriate mixed-use housing opportunities
where so designated in the Village planning area. In addressing this range of housing
options, the City may elect utilization and implementation of a variety of fiscal and land
use tools —as is listed by the Met Council as a legitimate response - rather than relying
merely upon density modifications.
• Any decision regarding the mix, type, and location of housing within the community will
best be made when more detailed plans are considered for housing in these urban service
areas. In doing so, the City intends to explore successful models of workforce and life-
cycle housing policies and programs (usually financial and land use based) that allow for
creation of just such a housing stock spectrum without sacrificing overall community
identity or forcing unwanted area-wide density modifications or specific high-density
developments. The City also intends to evaluate its land use plan prior to development
within these areas, and submit, as needed, land use updates in order to proceed with
appropriate development scenarios studied under the Village Area Alternative Urban
Areawide Review. These updates will take into account the overall development options
allowed and the implementation tools needed to achieve the City's housing objectives.
• Implementation. The attached implementation document has been drafted to comply
with the requirements, as specified by the Metropolitan Council.
Please note that the response from the Met Council included several advisory comments. These
comments will be incorporated as part of any final submission.
RECOMMENDATION:
Staff and the Planning Commission are recommending that the City Council authorize staff to
submit the above information and attached Implementation provisions to the Met Council in
response to the letter of incompletion with regards to the City's 2030 Comprehensive Plan
Update.
--page 3 --
City Council Meeting Response to Met Council on Comprehensive Plan Update
November 17`b,2009 Agenda Item#10
No viable alternative recommendation has been identified by the City staff to providing such
response. As the information compiled is found within the current 2010 Comprehensive Plan
Update, to a greater or lesser extent, staff believes full reconsideration of the original submission
based upon the Met Council's comments, is neither warranted nor recommended at this time.
ATTACHMENTS:
1. Proposed Comprehensive Plan Implementation Section
2. June 19th, 2009 Letter from the Metropolitan Council
ORDER OF BUSINESS:
- Introduction..................................................Bruce Messelt, City Administrator
- Report by staff......................................................Kyle Klatt, Planning Director
- Questions from the Council....................................Mayor& Council Members
- Questions/Comments from the public ..................................... Mayor facilitates
Call for a Motion ............................................................Mayor&City Council
- Discussion ...............................................................................Mayor facilitates
- Action on motion.................................................................... Mayor Facilitates
--page 4--
DRAFT DRAP7
TABLE OF CONTENTS
Page No.
Section 1. implementation...........................................................................
1
DRAFT DRAFT
SECTION 1. IMPLEMENTATION
1. Introduction
Once the Comprehensive Plan has been adopted by the City of Lake Elmo, the City
intends to begin to implement the goals and strategies to make this vision a reality. This
chapter will set forth the actions that the City will take to ensure that the plans, programs
and policies set forth in the Plan will be carried out in the decisions that the City makes
on a daily basis. This chapter provides guidance for policymakers and staff to determine
priority for a wide range of strategies recommended to carry out the plan. This chapter is
not intended to include all planning and policy efforts that the City will undertake to
fulfill the goals of the Comprehensive Plan. It is intended to identify major initiatives
needing time and resources devoted to them.
2. Implementation Strategies
The following section lists the implementation strategies for each chapter of the Plan.
Chapter III. Land Use Plan
1. Review and update the Zoning and Subdivision Ordinances to ensure that they are
consistent with the Comprehensive Plan.
2. Update the Zoning Map to be consistent with the Future Land Use Map.
3. Maintain the current holding zones that have been adopted within the planned sewer
service areas within the City. Consider rezoning of land for development when sewer
service is available.
4. Prepare an amendment to the Land Use Plan that is consistent with the selected
development scenario for the Old Village Master Plan,
5. Incorporate mitigation strategies from the Lake Elmo Village Area Final Alternative
Urban Area-wide Review (AUAR) as part of the development review process.
b. Conduct a feasibility study related to the Old Village sewer trunk line project.
7. Incorporate elements from the Urban Design Framework(page III-11 of the Land Use
Chapter) into development proposals within the Old Village area.
8. Develop a historic preservation plan to promote the preservation of historic resources
throughout the City.
9. Prepare zoning amendments to develop new zoning districts and associated
regulations specific to the Sewered Residential Development areas within the City.
Within the Village planning area, consider the following zoning amendments:
a. Creation of a traditional urban development overlay district.
b. Adoption of form-based zoning that will address the architectural character of
buildings and their relationship to the public realm.
DRAFT 2 :-fS e.AI':l'
DRAFT D.R.& , DRAFT
c. Development of a transfer of development rights (TDR) program to promote
preservation of the planned green belt around the Village planning area.
10. Participate as part of a joint planning board to develop zoning regulations for the
areas surrounding the Lake Elmo Airport.
11. Plan and install public infrastructure in accordance with the staging plan adopted as
part of the Land Use Chapter.
a. Limit or accelerate (if it is in the City's interests) the rezoning and platting of
land to accommodate the staging plan)..
12. Develop a process for the review of population targets when the regional trends do
not support building and development activity.
13. Prepare a master plan for the sewered development areas south of 10'i' Street.
Chapter IV. Housing Element
1. Maintain and improve the condition of the Cimarron Manufactured Home park;
facilitative future access to the regional sewer and water systems when these services
are available to the park.
2. Enforce the existing housing maintenance requirements for residential properties
within the City.
3. Provide for a spectrum of housing options and types within the sewered development
areas. Promote mix-used housing opportunities where appropriate in the Village
planning area.
4. Incorporate connections to transportation facilities and jobs as part of new
development proposals.
5. Review the Zoning and Subdivision Ordinances to ensure that there are not any
structural or procedural impediments to the range of housing options consistent with
this Plan.
6. Ensure that all new housing, including higher density developments, adheres to the
highest possible standards of design and construction.
7. Consider utilization and implementation of a variety of fiscal and land use tools and
explore successful models of workforce and life-cycle housing policies and programs
that allow for creation of a housing stock spectrum acceptable to both the community
and regional objectives.
8. Evaluate the City's land use plan prior to development within these sewered areas,
and submit, as needed, land use updates in order to proceed with appropriate
development scenarios studied under the Village Area Alternative Urban Areawide
Review.
Chapter Y. Water Resources
The City will complete the following specific implementation actions to implement the
LSWMP and address issues identified in Section F:
Dl .. d'°} 3 D.1?.� 'T
DRA ,1 DRAFT A.1-1'
1. The City concurs with and adopts the Watershed Districts Water Management Plans,
standards, and rules. The Watershed Districts will continue to enforce surface water
regulations and permitting within the City within their geographic areas. The City
will coordinate its review of development proposals with the Watershed Districts and
will manage land use to support protection of surface and ground waters through its
Zoning and Subdivision Ordinance.
2. The City will support the Watershed Districts' implementation of their standards for
management of water quantity and quality, including control of peak runoff, volume
control, infiltration and filtration, wetland quality, and best management practices to
control Total Suspended Solids (TSS), Total Phosphorus (TP), and runoff from
development or redevelopment within the City. The Districts will play the primary
role in reviewing the storm water plans for development applications within the City,
and implement their rules through the review and permit process. The City will
provide comments on development applications to the Watershed Districts during the
review process,
3. The City will work with the Brown's Creek Watershed District to develop a definitive
process for review of development proposals, including a timeline for City comment
on BCWD permits.
4. The City will update its ordinances to be consistent Watershed plans, standards and
rules, and with NPDES construction storm water permit requirements for erosion and
sediment control. The City is in the process of updating the Storm water and Erosion
and Sediment Control Ordinance. Currently, the City Code does include provisions
that outline the requirements for storm water management and erosion and sediment
control; however, the update process will revise language, provide clear, consistent
procedures, and consolidate the information in one location.
5. The City will cooperate with the Watershed Districts to address concerns related to
impaired waters and as the Districts complete TMDL studies, and will manage land
use to avoid impacts to water resources within the City.
6. The City will work to implement the mitigation plan adopted in the Lake Elmo Old
Village Area AUAR as the area develops, to protect resources in the Down's Lake
Watershed and downstream.
7. Complete the MPCA requirements for ORVW by the end of 2009.
S. The City will work directly with the VBWD to continue to monitor the situation in
the Friedrich's Pond area, If potential flooding risks are identified, the City will take
the lead with the VBWD assisting in analyzing the problem and determine the
appropriate solution. Any permit applications for this area will be reviewed per the
City of Lake Elmo Flood Plain Ordinance.
9. The City would consider all options provided in the VBWD Plan for addressing
flooding issues near Legion Pond. The preferred corrective action will depend on the
timing, urgency, public comment, agency comment, and available funding. The City
will work directly with the VBWD to continue to monitor the situation. If potential
flooding risks are identified, the City will take the lead with the VBWD assisting in
analyzing the problem and determine the appropriate solution. Any permit
applications for this area will be reviewed per the City of Lake Elmo Flood Plain
Ordinance.
10. The City will work with the SWWD to identify additional flood storage in the
Wilmes Lake subwatershed, and provide additional storage as development or
redevelopment occurs within the subwatershed.
11. The City will complete an illicit discharge ordinance and spill containment plan. The
City has developed a storm sewer map,to identify the drainage path of a spill
contaminant. The City is working on gathering and surveying additional information
to develop a regulatory control program. Per the SWPPP,the City will also create an
illicit discharge ordinance. The City will continue to evaluate the effectiveness of the
illicit discharge detection and elimination program.
12. Implement the City's MS4 Permit and SWPPP requirements.
a. The City's inspection and maintenance program and pollution
prevention/good housekeeping is completed under the MS4 Permit and
documented per the SWPPP.
13. Funding Mechanisms. The City uses general fund revenues and storm water utility
funds to fund improvements when needed to address water quality and quantity
concerns and maintain City-owned storm water management facilities. The City's
commitments to system maintenance are described in detail in its MS4 permit and
SWPPP. The City requires that developers finance the improvements that are
required with new development and redevelopment to ensure that private
developments meet City and watershed requirements.
14. Capital Improvement Plan (CIP). The City's CIP will include incorporate specific
implementation strategies for surface water management as part of the budgeting
process.
15. City Ordinances. The City has adopted ordinances that provide standards and
regulations to manage water resources. These include the following:
a. Chapter 53 Storm water Management Utility
b. Chapter 91 Forests and Trees
c. Chapter 152 Flood Plain Management
d. Chapter 153 Subdivision Regulations
c. Chapter 154 Zoning Code
16. After the SWMP and 2030 Comprehensive Plan are adopted, the City will revise or
update its ordinances as described in the Goals and Policies section of this plan, to
ensure that they meet state requirements and are consistent with the goals of this Plan.
Ordinance updates will be completed within 180 days of the adoption of the
Comprehensive Plan and LSWMP.
17. City Process. The City of Lake Elmo reviews proposed development per its
Subdivision Ordinance. Design must be in compliance with Engineering Design
Standards. An approved Watershed District permit is required prior to final plat
5 D.RA IF
DRAFT
acceptance. WCD approval of any wetland impact must be provided if located in
BCWD or SWWD. Any impacts to public waters must be reviewed by the DNR. An
NPDES Permit must be received from the MPCA when applicable. An approved
SWPPP must be provided for all subdivisions. No building permit will be issued until
the following has been completed:
Chapter VI. Wastewater Facilities
I. Conduct a feasibility study to determine potential funding sources and
implementation strategies related to the trunk sewer line extension along Lake Elmo
Avenue and providing sewer service to the Village planning area.
2. Provide new sewer extensions consistent with the sewer staging plan and within the
time frames established as part of this plan.
3. Enforce provisions of the current ISTS ordinance for the City.
4. Support the routine inspection and ongoing maintenance of ISTS within the City.
Amend existing ordinances as necessary to remain consistent with applicable State
and County requirements.
Chapter M. Water Supply
The Water Supply Plan makes nine specific recommendations for the City to implement
over the next few years that will help the City to begin Plan implementation and to
respond to immediate issues and concerns. In particular these recommendations are
consistent with the proposed 2030 master water system plan while maintaining the
flexibility to respond to the aquifer and geographic complexities in Lake Elmo.
The following recommendations are summarized below:
1. Correcting existing deficiencies by constructing two capital improvement projects has
been identified as critical in order to provide a safe and reliable water supply to the
existing customer base. The two improvement projects are Well and Pumphouse No.
4 and the Keats Avenue Trunk Watermain Extension. Both projects should -be
constructed as soon as funding can be appropriated. At a minimum, the City should
immediately begin the process of siting the well location and pursue any land
acquisition that may be needed.
2. Seek funding assistance for the Southwest Area Watermain Extension Project. As a
matter of Public Health, this watermain extension project is needed to provide a safe
public drinking water to residents in the Torre Pines, Cardinal Ridge, Cardinal View,
and Whistling Valley subdivisions. This project is in response to the discovery of
PFOA and PFOS groundwater contamination that exceeds established Health Risk
Levels (HLV). It is recommended that a city task force be formed with the objective
of seeking financial assistance for this project.
3. Continue the use of Well No. 1 and Elevated Tank No.. 1, but Plan, for their
replacement. It is recommended that Well No. 1 and Elevated Tank No. 1 be utilized
as long as they remain productive and reliable facilities for the Old Village water
DR./UT 6 MAY'!'
DRA.F7
system, however the City must remain ready to replace these aged and under sized
facilities once significant work or reconditioning is necessary.
4. Request the necessary review to update the ISO rating to improve property insurance
in the City by taking advantage of recent and proposed capital expenditures in the
near future.
5. Defer the final decision on Well No. 3 until the MDH requires the City to abandon
the well, or until the water system supply decisions for the Eagle Point water system
area are more certain,
d. Negotiate a multi-year interim water supply contract with the City of Oakdale. This
arrangement could provide an economical interim solution for serving both the South
High pressure zone located in the southwest quadrant of the City and possibly the
South Low pressure zone located in the southeast quadrant.
7. Investigate the potential of constructing Well No. 5 in the southeast quadrant of the
City to more efficiently and economically provide water supply for development in
that area.
8. It is recommended that the 2009-2030 Capital Improvement Plan and the 2030
Comprehensive Water System Plan outlined in Table No. 1 and Figure 1 of the Wafter
Resources Chapter be used as the framework and guide for expanding the water
system in response to future needs and demands. Incrementally review this plan to re-
evaluate its application after significant development activities.
9, Improve Water Conservation. Better progress must be achieved in meeting DNR
conservation benchmarks through increased enforcement of current conservation
measures and/or through the implementation of additional conservation measures.
The City will complete a Water Supply Plan for the Department of Natural Resources
(DNR) and adopt a water conservation rate structure meeting DNR approval. As part
of these efforts, City staff must diligently pursue and acquire additional water
appropriations. Current water use exceeds the permitted water appropriations and the
City cannot construct a new well until the appropriation permit has been updated.
Chapter VIII. Transportation
The following program will be implemented in order to ensure that the City's
Transportation goals and policies are met.
1. The City will continue to advocate for a transportation network that. coincides with
the overall goals of the City, which places an emphasis on safety,multimodal design,
and preservation of the community's rural character.
2. The City will continue to work with surrounding Cities, Washington County, the
Minnesota Department of Transportation, and other government agencies in
development of a transportation network consistent with the goals and policies of this
plan.
3. The City will work with developers for improvements to the transportation network
that will serve its goals and strategies. A specific example is the creation of a Minor
Collector road between 1 Oth Street (CSAH 10) and Hudson Boulevard (I-94 frontage
.r .
D A.FT DRAFT DRAFT
road). This new roadway would reduce traffic volumes on 1 Oth Street (CSAH 10) and
Hudson Boulevard (I-94 frontage road), eliminating the need for four-lane facilities.
4. The City will participate in coalitions and multi jurisdictional efforts for
improvements to the transportation network that coincide with the overall goals of the
City. This could include corridor studies/groups, transit-oversight panels, and/or
construction projects.
5. The City will continue to improve the transportation network to reflect all modes of
travel.
6. The City is supportive of the four major focus areas in pursuit of safety
improvements: Education, Enforcement, Engineering, and Emergency Medical
Services. Combination of these focus areas result in better solutions to targeted or
general safety issues. Of particular concern are the areas around schools and keeping
students safe. Applying these major focus areas towards the school areas is
encouraged and expected.
7. The City will continue to pursue a TH 36 access and connectivity plan to provide a
safe and adequate service to residents of Lake Elmo while minimizing traffic by-
passing through the city. The City will work with the County and the State on the
ultimate plan for TH 36, including its connections to the City.
8. The City supports improvements that will eliminate the need for a four-lane facility
on Stillwater Boulevard (TH 5). Examples of improvements could include one or
more of the following: upgrade TH 36 to "freeway" status, upgrade of Manning
Avenue (CSAH 15) to a four-lane facility, reconfiguration of the Stillwater Boulevard
(TH 5)/Manning Avenue (CSAH 15) intersection with the 40th Street (CSAH
14)/Manning Avenue (CSAH 15) intersection to create a single four-legged
intersection, access management, alternative intersection control, expanded transit
opportunities, and expanded trail system. These options could allow for more
extensive landscaping and streetscaping on Stillwater Boulevard (TH 5), consistent
with its expected redevelopment.
9. The City will continue to support improvements that will maintain the rural character
of Lake Elmo Avenue, in particular along the eastern shoreline of Lake Elmo.
10. The City supports increased transit opportunities along all of its identified transit
corridors; TH 36, Stillwater Boulevard (TH 5), and I-94. Planning for future transit
integration is particularly important for the Village Area near Stillwater Boulevard
(TH 5), to reduce traffic volumes and potential congestion.
11. The City will update and refine their Capital Improvement Plan to be consistent with
the goals and strategies described in this plan.
12. Capital Improvement Plan. The Capital Improvements Plan (CIP) is the financial
planning mechanism used by communities to plan for long-term major expenditures.
Lake Elmo adopts a 5-year CIP annually. Each year is it reviewed and revised as
priorities change. The upcoming year of the CIP is used to aid in the annual budgeting
process. Each year the City adopts an annual budget. Expenditures are made in
accordance with this budget for the following year, The transportation improvements
will be included as part of the City's ongoing capital planning efforts.
D RAd I' 8 DR—A"I�-k
DRAFT D `v`,AI:'T
Chapter IX. Park Plan
Park Planning
1. The Parks Commission shall make recommendations to the City Council on plans and
policies governing.the location, design,maintenance,and public use of parks.
2. In order to seek opinions and diverse recreational interests, the City Council shall
appoint residents to the Lake Elmo Parks Commission who have various
backgrounds.
3. Park planning will include public participation, and a forum will be provided for open
discussion of issues to ensure early and continuing public participation in park
planning.
4. The park system principles outlined in the Comprehensive Plan should be used to
guide decision-making
a. The park system. shall showcase, preserve, and respect the City's natural
resources, and the location of our natural resources shall guide the placement
and uses of our parks.
b. Parks shall be located so that all current and prospective neighborhoods have a
local park where practical and appropriate.
c. City parks shall be connected to each other and to prominent destinations
within and outside of the city through a system of trails as identified in the
2006 Comprehensive Trail Guide Plan.
d. A significant park shall be located within the village planning area and serve
as a community gathering place and landmark.
e. The paxk system shall serve a diversity of interests and accommodate a wide
range of abilities for citizens of all ages. The parks system shall support and
foster a diverse range of activities, including sports, arts, music, festivals,
informal and formal gatherings, picnicking, nature appreciation, and other
activities.
f. The park system shall be easily accessible to the general public.
g. Dedicated park land shall not be used for non-recreational or non-conserving
purposes.
5. Lake Elmo's demographic makeup and associated changes in recreational facility
needs should be periodically evaluated.
6. Information about Lake Elmo's natural landscape should continue to be used to guide
the location and design of future parks.
Park Acquisition and Development
1. The parks classification system and park standards should be used as a guide when
developing new parks or planning improvements to existing parks. The park
,'p
�; ,u
D1111AX-F DRAFT
standards should be periodically updated so that parks are developed in a consistent
manner throughout the community while maintaining flexibility to highlight the
unique attributes of each park.
2. Additional park land should be obtained through purchase, parkland dedication,
donation, land exchange, or easement.
3. The city should explore grants or partnerships for natural resource stewardship and
park development. Potential resources include the Department of Natural Resources
Metro Conservation Corridors program, Federal Land and Water Conservation Funds
through the DNR, DNR Fishing Pier Grants, DNR Natural and Scenic Area Grants,
Washington County's conservation bond funds, Minnesota Land Trust, and the
Washington Conservation District.
4. The City should periodically evaluate park dedication requirements for subdivisions.
Park Maintenance
1. The city should maintain clean, orderly, safe, and attractive parklands and
recreational facilities within city budgetary limits.
2. The city should develop comprehensive maintenance and management plans for
active and passive parkland.
3. To ensure a quality recreational experience for park users, the city should have a
Parks and Recreation Department to manage its facilities.
Recreational Programming
1. The City should communicate with organizations, agencies, and other entities that
provide recreational programming for Lake Elmo residents to explore possibilities for
collaboration and coordination.
Chapter,X Trail System Plan
1. Establish priority trail segments to implement the trail system outlined in the plan.
These priorities are grouped as follows:
a. Existing on-street routes:
i. Evaluate the need for additional signage, pavement marking, and
physical improvements needed to improve the safety and effectiveness
of each route.
ii. Include identified improvements in street maintenance and the City
Capital IZnprovement Plans.
b. Proposed on-street routes:
i. Evaluate shoulder condition, the physical condition, needed signs, and
other deficiencies.
ii. Develop a list of improvements that are needed (including safety
improvements) to include a part of a trail system,
Dill,rsl"., 10
DRAFT DRAFT
iii. Develop a priority list for needed improvements.
iv. Include identified improvements as part.of the Capital Improvement
Plan.
v. Provide upgrades with City maintenance staff whenever possible.
c. Existing off-street trails:
i. Evaluate the condition of public trail segments, reviewing safety
features and needed improvements.
I Include identified improvements as part of the Capital Improvement
Plan.
iii. Provide upgrades with City maintenance staff whenever possible.
d. Private off-street trails:
i. Evaluate private trail segments for potential inclusion into the public
system.
ii. Negotiate with private landowners and homeowner associations to
incorporate private trail segments into the public system.
e. Proposed off-street trails:
i. Incorporate planned trails as part of future development project
approvals.
ii. Consider opportunities to retrofit new trails through existing
developments when it is feasible to make connections to the public
system.
2. Develop a policy regarding which trails will be open during the winter months and
the City's maintenance standards for trails during these times.
3. Perform surface maintenance on existing trails as needed.
4. Conduct conceptual study for selected trail segments, identifying preferred
alignments and assessing feasibility for acquisition, construction, and other associated
costs.
5. Pursue funding options for trail improvements:
a. Federal aid funding
b. State DNR grants
c. Legislative Commission on Minnesota Resources
d. Private donations
e. County funding
f. City funding
d. Establish trail maintenance as part of the city budget.
7. Allocate funds for trails as part of the capital improvement planning process.
I)a�AI"T 11 DR J-73-
Chapter XI. Resource Protection
Historic Preservation Resources
1. Continue to work with the Oakdale Lake Elmo Historical Society and Washington
County Historical Society to further protect and preserve aspects of Lake Elmo's
historic record.
2. Develop a master list of historic properties within the City.
3. Preserve historic rural buildings as part of open space developments in Rural
Agricultural Density areas and other development project where appropriate.
Solar Access
1. Continue to monitor zoning district height, setback, and other requirements to ensure
.that adequate accesss to solar energy is maintained.
2. Encourage LEED development standards for land development and construction
activity in newly developing areas.
3. Utilize conservation development standards to promote energy efficiency and access
to solar energy in new residential developments.
Aggregate Resources
1. Continue to monitor existing land and gravel extraction sites that have been pennitted
as a conditional use by the City.
2. Consider aggregate resources as part of ongoing land use planning and development
activities.
=�i= 12 I)1:A:FT
AA Metropolitan Council
ii
Tune 19, 2009 RECEIVE)
Kyle Klatt,Planning Director
City of Lake Elmo JUN 11
3800 Laverne Avenue North
Lake Elmo,MN 55042
RE: Lake Elmo Comprehensive Plan Update—Incomplete for Review 'fT�` �`F.mE El MO
_ITY
Metropolitan Council Review File No. 20599-1
Metropolitan Council District 12
Dear Mr.Klatt:
Thank you for submitting the Lake Elmo Comprehensive Plan Update(Update),received on May 29,
2009.The Council staff fords the Update incomplete for review for Government Unit Review,
Community and Individual. Sewage Treatment Systems,Housing,and Parks.This letter identities the
additional information,clarifications,and other items that are required to be complete for review.The
Council's review will be suspended until the City submits the requested items and the Council staff
determines that the Update is complete for review.This letter also includes advisory comments,which
indicate minor revisions to information that are outside of the completeness determination and are noted
for your consideration.
REQUIRED MATERIALS
Government Unit Review(Lisa Barajas,651-602-1.895)
The Update is.incomplete for the adjacent and overlapping jurisdictional 6-month review requirement
has not been fulfilled.As indicated on the City's 2008 Comprehensive Plan Update Transmittal Form,
the Update was sent to the adjacent governmental units,school districts, and other overlapping
districts on May 29,2009.
Advisory Comment
Pursuant to Metropolitan Council action(Business Item 2008-330,December 10, 2008)granting the
City an extension to the Comprehensive Plan Update submittal deadline, in order to accommodate the
statutory 6-month governmental review requirement,the City must submit it s final Update no later
than December 31,2009,and notify-the Council of any changes made to the Update from the May 29,
2009 submission.
Community and Individual Sewage Treatment Systems(ISTS).(Jim Larsen,651-602-1159)
The Update is incomplete for review of ISTS.The existing 2006 comprehensive plan indicates that
there were 2,030 ISTSs, 10 community wetland treatment systems,and seven"201"community
septic treatment systems.The City's `Individual and Community Wastewater Treatment System'
Code Chapter 51 is consistent with MPCA Rules and with Council policy requirements.
Because the City did not submit an updated Wastewater Facilities Chapter of the Update,the ISTS
program information is out of date.The Update needs to provide updated community and individual
sewage treatment system numbers to reflect the existing situation.
Housing(Linda Milashius,651-602-1541)
The Update is incomplete for addressing affordable housing.An updated housing element was not
submitted for review at this time.The Update needs to acknowledge the City's share of the regional
www.metrocouncil.org
390 Robert Street North • St. Paul,MN 55101-1805 • (651)602-1000 • Fax(651)602-1550 • TW(651)291-0904
An squa!Opportunity Employer
. I
Kyle Klatt,Planning Director
June 19,2009
Page 2 of 4
affordable housing needs.Based on the City's current growth forecasts in the Memorandum of
Understanding,the City's share for the 2011-2020 timeframe is 661 affordable housing units. Sample
language that the City could include in the housing element is as follows:'
The Metropolitan Council has identified new affordable housing needs for all cities and .
townships within the Twin Cities Metropolitan Area for the period from 2011 to 2020.
The housing plan element of local comprehensive plans is required to reflect the
community share of the forecasted need for affordable housing.The City share of the
regional need is 661 affordable housing units.
The housing element also needs to acknowledge that the Update will be revised upon completion of
special area planning efforts for the Village and South of I O'k Street areas. These forthcoming updates
will show how the City will accommodate its share of the affordable housing need, including the
following:
1. Guiding land for medium or high density residential development or accommodating the
opportunity for the development of affordable housing for the 2011-2020 timeframe.Note:A
density of no less than 6 units per acre is considered the lowest that may accommodate
affordable housing development.The Council calculates the City's capacity to accommodate
forecasted growth by using the lowest end of the density range for residential land use
categories.
2. Identifying implementation programs and tools (i.e. fiscal devices and land use guiding)that
the City will use to provide opportunities for the development of affordable housing.
Implementation(Lisa Barajas,651-602-1895)
The Update is incomplete for implementation.Minnesota Statutes 473.859, Subd.4 require the
comprehensive plans include an implementation program that includes a description of the tools,
fiscal devices, and official controls that the City intends to use to implement the Update,a capital
improvement program(CIP),and a housing implementation program as discussed in the Housing
section of this letter. Section 7 of the Local PIanning Handbook
( Ag://www.me,trocouncil.org_-Dlanning LPH/LPHSect7.pdf)provides a more detailed description of
the requirements for the Implementation element of the plan.Please contact staff for additional
assistance with this requirement.
ADVISORY COMMENTS
Aviation(Chauncey Case, 651-602=1724)
Council staff advises the City that the Council has approved the MAC 2025 Long-term
Comprehensive Plan preferred alternative for the Lake Elmo Airport. When the joint airport zoning
board zoning ordinance is approved by MnDOT,the Update will need to reference this ordinance.
Parks(Jan Youngquist, 651-602-1029)
While the City has prepared an updated Park and Recreation Plan,the land use component of the
Update needs to acknowledge parcels within the boundaries of Lake Elmo Park Reserve that Have not
yet been acquired by Washington County.These parcels are known as inholdings.
In August 2006,the Metropolitan Council approved the Lake Elmo Park Reserve Master Plan, in
which Washington County identified inholding parcels to be acquired for the park reserve. The City
N:IComnrDevILP,41ConzmttnitieslLalce Elmo lLetterslLake Elmo 2009 CPV 205994 incomplete.doc
Kyle Klatt,Planning Director
June 19,2009
Page 3 of 4
has done an excellent job with its Comprehensive Park and Recreation Plan,which identifies the
inholdings on the 2030 Park System Plan Map(Map 7,part 3-15).However,the City has indicated
that the land use component of the existing comprehensive plan has not yet been updated. Since the
Lake Elmo Park Reserve Master Plan was approved after the City's existing comprehensive plan,the
land use component of the Update needs to be revised to guide the future land use of the park
reserve's inholdings to be consistent with park and open space uses.
Transportation(Ann Braden,651-602-1705)
Council staff notes the following items that have changed since approval of the City's existing
comprehensive plan in 2006. The final version of the Update should be updated to reflect the
following:
1. On page 50,paragraph c, the Laverne Avenue and 34d,Street/Stillwater Boulevard(TH 5)
Park and Ride was closed due to low usage.The Park and Ride symbol should also be
removed from the Figure 11 map.
2. On page 50,.paragraph c,the-Guardian Angels Park and Ride was recently expanded from
150 spaces to 425 spaces and usage stands at approximately 300 cars.
3. On page 50,paragraph c,the summary should also include the Christ Episcopal Church Park
and Ride next to Woodbury Lutheran Church Park and Ride.This facility has space for 90
cars and has a daily usage of 25 cars.
4. On page 54,paragraph b,TH 36 Transit Corridor summary should delete the reference to a
proposed park and ride at TH 36 and I-694.Although this site was included in previous plans,
it has been deleted in the in the new Park and Ride Plan.
5. On.page 55,the third paragraph describes the location of the planned park and ride on the
south side of I-94 in Woodbury between Keats and Manning Avenue.The location of the new
park and ride is proposed to be at I-94 and Manning Avenue.
Land Use(Lisa Barajas,651-602-1895)
The City has recently completed the Village Alternative Urban Areawide Review(AUAR). Council
staff would like to reiterate that the City needs to update the land use chapter of the Update to reflect
the development scenario chosen for the Village.This update should either be included as part of the
final review submittal of the Update or as a comprehensive plan amendment at a later date.
Council staff would like to take this opportunity to remind the community of the terms and conditions of
the granted submittal extension.Pursuant to Council action taken on December 10, 2008,the Council
adopted the following terms and conditions relating the City's submission of the decennial Update:
1. If the City submits the Update to the Council by May 29,2009 that is "complete"for review as
defined in the Council's Local Planning Handbook and the adjacent review requirements have
been completed by-May 29,2009, the City will be eligible to receive the second disbursement of
grant funds described in the grant agreement.
2. If the adjacent review requirements have not been completed by May 29,2009,but the City
submits the Update to the Council by May 29, 2009 that otherwise is"complete"as defined in the
Council's Local Planning Handbook,the City will be eligible to receive the second disbursement
of grant funds described in the grant agreement.
N:1ComnrDev4LPAlComn7unitieslLake ElnrolLetterslLake Elmo 2009 CPU20599-1 incomplete.doc
Kyte Klatt, Planning Director
June 19,2009
Page 4 of 4
3. if the City has not submitted the Update by May 29,2009 that is"complete,as defined in the
Council's Local Planning Handbook,the City must repay by July 30,.2009 all grant funds paid to
the City under the grant agreement.
4. The grant.agreement should be amended to: (a)extend the December 31,2008 plan update
submission deadline to May, 29, 2009;(b)reflect these terms and conditions;(c)make the
execution of the grant amendment expressly conditioned on the City's acceptance of these terms
and conditions;and(d)require a written bi-monthly progress report that describes in reasonable
detail the City's progress toward meeting the May 29,2009 deadline; and(e)in order to
accommodate the statutory 6-month adjacent and special jurisdiction review period,the
community must submit its final Update no later than December 31,2009,and notify the Council
of any changes made to the Update from the May 29,2009 submission.
To expedite the Council staffs' review of supplemental materials submitted in response.to incomplete
items, please provide a cover memo that outlines where and how the incomplete items are addressed in
the new material. Please submit a signed paper copy of the cover metro along with a digital copy of the
areas where changes were made.
After all of the required elements of the Update are submitted and found complete,Council staff will
begin the official review process.Please do not hesitate to contact Lisa Barajas, Sector Representative, at
651-602-1895, or the listed technical review staff with any questions or for additional assistance.
Sincerely,
Phyllis anson, Manager
Local Planning Assistance
CC: Sherry Broecker, Metropolitan Council District 12
Lisa Barajas,Principal Reviewer/Sector Representative
Cheryl Olsen,Reviews Coordinator
N;lConttnDevlLP/llCommuizitieslLake EbnolLetterslLake Elmo 2009 CPU20599-1 incompletedoc
City Council
Date: 11/17/09
REGULAR
Item: 11
MOTION:
AGENDA ITEM: Consider Developer's Request for an Extension of the Completion
Deadline for the Whistling Valley Development
SUBMITTED BY: Ryan Stempski, Assistant City Engineer
THROUGH: Bruce A Messelt, City AdministratorIA
REVIEWED BY: Kyle Klatt, Planning Director
Dave Snyder, City Attorney
Jack Griffin, City Engineer
SUMMARY AND ACTION REQUESTED:
The City Council is being asked to consider a request by the Developer to extend the required
completion date for the remaining improvements of Whistling Valley I, II, and III (see
Attachment No. 1). Per the Whistling Valley III Development Agreement, all items were to be
completed by October 31, 2009.
Throughout 2009, staff has been working with the developer to complete the remaining
improvements in accordance with the original development agreement, and with the intention of
paving the final lift of bituminous at one time for all 3 phases. In October, 2009 staff met with
the developer and received a request to extend the completion deadline. The developer indicated
that there has been insufficient cash flow due to the lack of lot sales, and has been working to
refinance current loans to raise the needed cash.
Along with the Developer's request for an extension, staff has worked with the developer to
create an acceptable schedule to complete the remaining improvements (see Attachment No. 2).
The proposed schedule requires all items to be completed by June 30,2010.
MOTION FOR CONSIDERATION:
"Move to allow an extension to complete all remaining items in Whistling Valley I,II, and III
in accordance with the attached schedule with a final completion date of June 30, 2010."
--page ] --
City Council Meeting Request of Completion Deadline for Whistling Valley
November 17"',2009 Agenda Item#11
REMAINING ITEMS:
Whistling Valley I_&II:
Street and curb patching, edge control, surface water maintenance, paving of the final lift of
pavement, and Record Drawings.
Whistlins Valley III:
Wear course paving, landscaping improvements and restoration, pedestrian bridge construction,
community well construction, and Record Drawings.
FINANCIAL SECURITY:
Performance bonds have been issued to the City of Lake Elmo in the amount of $43,750 for
Whistling Valley I, $135,000 for Whistling Valley II, and for $684,250 for Whistling Valley III,
for a total financial security in the amount of$863,000. Staff has reviewed the estimated cost of
the remaining improvements and has determined that the remaining security is sufficient for the
work to be completed.
ATTACHMENTS (2):
1. Developer's Extension Request Letter
2. Proposed Schedule of Remaining Items
ORDER OF BUSINESS:
Introduction..................................................Bruce Messelt, City Administrator
Report/Presentation..............................................Kyle Klatt,Planning Director
......................................................................................................City Engineer
Questions from the Council....................................Mayor& Council Members
Questions/Comments from the Public.................................... Mayor Facilitates
Call for a Motion ............................................................Mayor&City Council
Discussion .............................................................................. Mayor Facilitates
Action on motion.................................................................... Mayor Facilitates
--page 2--
OCT-30-2009 09:45 hnderson Sorenson Homes 5514297932 F.02
10/29/2009
CITY OF LA JE Euvio
ATTN: KYLE KLATT
LAKE EL MCA. MN SS402
MR, KYLE KLAT1:
APPRECUkTED THE TIME '7He ar"ER CLAY To MEET AND DISCUSS THE
REMAINING IMPROVE?MEWT'S FOR WI^tISTUNC VALLEY - PHASIrS I - 3.
I'M IN RECEIPT OF THE; PUNCH LIST PREPARED BY RYAN STEbAPSKI
(T KDA.) AND IN COMPLETE AGREP-ME TT` AS TO IVS COWMNT AND
EXECUTION. WE HAVE ALR8,ADY BEEN WORKING AT SHORING UP SILT
PE NC.E% SWEEPING S`lf'RF?ETS TO ELIMINATE SILT" AND SAND. AND RE-
PLAN INN THE DEAD TRE'E'S PER THE INSTRUCTIONS OF THE CITY
I-mL_sTER, THE NEW TRESLS WLL BE ARRMNG LATe NEXT WEEK,
EAI►I'V4V'HILE -w WE RAVE, EErE K A.CnVELV ENGALGE3D IN ILLFINANCING
OUR CURRENT LOAFS AT WHISTLING VALLEY 'MdV''TH A I' GWW LENDER.
OUR CURRENT LENDER IS NO LONGER ALLOWED TO ADVANCE ANY'
FUNDS ON REAL. ESTATE: LOANS WIT14OU`i' SIGNIFICANTLY REDUCING
THEIR. CURRENT PoRTFouo. Wlv expEcT "fits NIA' WAN 181t'ILL 13E IN
PLACE IN EARLY JA.NUA R Y ALLOWINe US TO COMPLETE THE
Itv PROVEN NTS IN ALL PHASES IN 2010.
WV ARE ASKING THE CITY or LAKE ELMC+ POP. A.W . 'T`ENSION or
-
TIME TO ALLOW US TO COMPLETE THESE IMPROVEMENTS AND "PVT
THE RNAL TOUCHES" OIL ONE OF THE BEST PESIDEI`d'nAL,
DEVELOPMENTS IN THE E STERN SUEURRS.
SINCERELY,
DI;,AIVI:,AIVl SORE SON
STLIt' G LL
T01'AL i.C2
Remaining Items to be Completed by Dates Provided
The City Engineer must be notified 24 hours prior to any construction activity.
The City Engineer must also be notified within 24 hours of completion of each item to
perform a final review.
Note: Erosion and Sediment Control must be consistently maintained for the entire site until
final acceptance.
Whistling Valley Phase I—Each Item to be Completed by Following Date:
1. Perform street patching and edge control placement—November 30, 2009
2. Perform maintenance on storm sewer outfalls —December 30,2009
3. Cross sections of ponds and infiltration basins must be surveyed to verify storage
depths. Ponds and infiltration basins must be graded to Final Plan elevation. —
December 30,2009
4. All sediment in storm sewer lines must be cleaned out—December 30, 2009
Winter 2010
1. Complete "As-built"record drawings—March 1, 2010
Spring 2010
1. Wear course paving—June 30,2010
Whistling Valley Phase II—Each Item to be Completed by Following Date:
1. Perform street patching and edge control placement—November 30,2009
2. Complete tree replacement--November 30,2009
3. Perform maintenance on storm sewer outfalls--December 30, 2009
4. Cross sections of ponds and infiltration basins must be surveyed to verify storage
depths. Ponds and infiltration basins must be graded to Final Plan elevation. —
December 30, 2009
5. All sediment in storm sewer lines must be cleaned out—December 30,2009
Winter 2010
1. Complete "As-built"record drawings—March 1, 2010
Spring 2010
1. Wear course paving—June 30,2010
Whistling Valley Phase III—Each Item to be Completed by Following Date:
Spring 2010
1. Wear course paving—June 30, 2010
2. Complete all landscaping improvements with approval of the City Forester--May
31, 2010
3. Verify all storm water ponds and infiltration basins are constructed to plan—May
31,2010
4. Complete restoration—June 30,2010
5. Installation of the pedestrian bridge—May 31, 2010
b. Community Well Installation—May 31, 2010
7. Complete "As-built"record drawings—June 30,2010
City Council
Date: I 1/17/09
REGULAR
Item:J,-3,- t X
MOTION:
AGENDA ITEM: Authorization to Proceed with Formulation of 2010 Street Assessments
and Overall Update of City Assessment Policies by Finance Subcommittee
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Bruce A. Messelt, City Administrato
,t
REVIEWED BY: Dave Snyder, City Attorney
Tom Bouthilet,Finance Director
SUMMARY AND ACTION REQUESTED:
The City Council is asked to approve formulation of the City's 2010 Street Assessments, based
upon the information provided at the November loth Workshop and attached herein. Once
formulated, this information will be provided to the Finance Committee for consideration and
review and to the City Council for final approval.
In addition, the City Council is asked to assign the review of the city's overall Assessment
Policies to its Finance Review Subcommittee. This Subcommittee will work with the City
Administrator, City Engineer and City Attorney to review and update the overall City
Assessment Policy for full Council consideration.
MOTION FOR CONSIDERATION:
"Move to direct preparation of 2010 Street Assessments, as presented, and to charge tl:e
Finance Subcommittee and City staff with reviewing and updating the City's overall
Assessment Policies, so as to bring such into greater conformance with current laws,practices
and City objectives. "
BACKGROUND INFORMATION:
Current City Assessment Policies were last substantially updated in 1996. Since that time,
significant changes have taken place within Lake Elmo and in State law and court decisions
regarding assessment policies and practices. In early 2009, the City Council began the review of
the assessment policy as it related to street improvement projects and adopted a project specific
assessment policy for the 2009 Street Improvements. At that time the City Council expressed the
desire to continue the review process of the overall assessment policy for the City.
--page 1 --
1
City Council Meeting 2010 Street Assessments and Update of Citywide Assessment Policies
November 17"',2009 Agenda Item#13
A Council Workshop was held on November 10, 2009 to review proposed 2010 Street
Assessment policies and to initiate the overall review process. Council consensus was to
proceed with preparation of 2010 Street Assessments are presented and to charge the Finance
Subcommittee to work with staff to review overall City Assessment Policies and to develop a
proposed updates for future Council consideration.
ATTACHMENTS:
Proposed 2010 Street Assessment Policy Outline
ORDER OF BUSINESS:
- Introduction..................................................Bruce Messelt, City Administrator
Report/Presentation..................................................Jack Griffin, City Engineer
- Questions from the Council....................................Mayor& Council Members
- Questions/Comments from the Public.................................... Mayor Facilitates
- Call for a Motion ............................................................Mayor&City Council
- Discussion .............................................................................. Mayor Facilitates
- Action on motion.................................................................... Mayor Facilitates
City Council Meeting 2010 Street Assessments and Update of Citywide Assessment Policies
November 17",2009 Agenda Item#13
Proposed 2010 Street Assessment Policies
The City's 2010 Special Assessment Policy for Street Improvements will continue to assess
30% of residential street reclaim costs to benefitting properties. The "equivalent unit lot"
method will be employed in identifying benefitting properties. For reclaim projects:
o The"equivalent unit lot"method employed in identifying benefitting properties
will be based upon current underlying zoning and development potential.
Assessments for undeveloped lot units will be deferred until such time as
development occurs;
o To the extent allowable under state law, future rezoning of benefitting properties
will include language in applicable approvals and development agreements
denoting contributions equivalent to this street assessment policy for each new
benefitting property,pro-rated for applicable accrued interest and depreciation;
o For reclaim projects,sizing or other modification-to existing residential streets
(such as width and/or pavement sections or applications in variance of standard
residential needs)will be considered either by petition of the benefitting property
owners or by the City. Costs for such ancillary improvements will be born fully
by either by the benefitting properties or the City;
o Reclaim of certain residential streets may include installation of new storm sewer
systems and/or rain gardens. Inclusion and apportionment of benefits of such
improvements will be determined on a case-by-case basis and assessed
accordingly between the benefitting properties and the City's overall storm water
management objectives;
o Any assessments for arterial and collector roadway reclaim improvements (none
are currently scheduled for 2010)will be limited to the same 30%of the average
cost for residential reclaims for that year;
o To the extent allowable under state law,the City shall employ the most reasonable
and flexible financing options,to include immediate first-year pay-off options for
benefitting properties,periodic pay-off options defined in conjunction with bond
issuances, and accumulating interest at a rate not to exceed prime+ 1%.
For Street Reconstruction/Construction Projects(none are currently,scheduled for 2010):
o The longer-term benefits and larger per-benefitting unit costs of Street
Reconstruction projects will be evaluated on a case-by-case basis;
o Unless otherwise determined,the above Assessment Policy for Street Reclaim
Projects will be employed for Street Reconstruction Projects;
o For Street Construction upgrades from gravel to pavement for residential streets,
the City will work with the identified property owners to generate apetition for
improvement,based upon estimated cost and assessment;
--page 3 --
i.
City Council Meeting 2010 Street Assessments and Update of Citywide Assessment Policies
November 17"',2009 Agenda Item#13
o Such gravel road upgrades may include installation of new storm sewer systems
and/or rain gardens. Inclusion and apportionment of benefits of such
improvements will be determined on a case-by-case basis and assessed
accordingly between the benefitting properties and the City's overall storm water
management objectives;
o Any assessments to benefitting properties for arterial and collector roadway
improvements from gravel to pavement(none are currently scheduled for 2010)
will be limited to 30%of the average or estimated cost far similar residential
reconstructions for that year.
For Street Reconstruction/Construction Projects (none are currently scheduled for 2010):
o New residential street constriction will continue to be addressed via applicable
Development Agreements.
--page 4--
c 0 a g C o o C u p 0
Q
7 N O
00 O 00 e-4 00 ^ pj N
N co Lr) to 0) CTl ra w r-1 Ln u) cP N �D
to N N N .4 e-1 d' N m M
U •` d M Icr M M O
41 N
C7 O
M u iA cn v> 1/1 v� �!f ub to v1 NI
� iI}
41 41 O b 00O O 0000 On0 LO
m �Y 00 �-t O t0 N �-I m
LZ° 0) N N' r, N N H
C E
L �
a �
ul V t4
p o. o p o o p o o p o o p o p
_a O cbo O 0 o O rn o O o40 O O
O
-O N m -i ti N ti N M CD N
In Ln N M �i M n 01 Ol N 00 co O
N 00
N +'
rn c
a u°
44 1A. t4
a �
Brl It r, ^ to p m r, CD O
N cn `° N +n rn Ln Ol rn p o O�
N 0
a
C7 b O Q O O p O O p b O O O O
0 0 G o 0 0 C 0 0 0 o C o c
rn Q � N N o m a in Ln ro O
y, U 06 -f r N r, ry r` eP rti rn 1, rl Lo N
0 Ln m .-� W m N Lo 0
o 'q N
a
v v
v
s
O .0 N v N CL
O O
a1 a r I rD 7 L
- p m N > Q)
+�+ m ++ d t7 h `-r E sy+ � o +CA q �
c s 0 c E c o c v c a; c
E N u E Ln o E v a w 01 ro a
m a o w ar � N w o N c
O a Z O Ln O r a O c > p c p
m
L C L Z7 OA LZD L Q w L s L
a Q a Q 2' CL Q. C Q. Er '� C.
1- N Q ai N ai O OD m a
o +L' �° c ++ c +L+
aU .- � m N v V1 .c � rA > of
0 w N °N° -1 N en m M a) Ol
N J ]C 2 ,r•� Y p
a
Z N N N N N N
E
d
fl.
E u rj
°1 E E E E n E
co m co v C ry
u u u u u u o
u u L) V)
d N N N N N d
u F-