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12-07-2010 packet
City of Lake Elmo 3800 Laverne Avenue North . Lake Elmo, Minnesota December 7th, 2010 7:00 PM 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. ACCEPTANCE OF MINUTES: 1. Accept the November 16, 2010 City Council minutes - Postponed until 12/14/10 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. 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. 2009 & 2010 Street Improvement/Raingarden Project Change Order No. 2, Compensating Order No. 3, Pay CertificateNo. 2 (Final) 4. Approve liability coverage waiver form as part of LMCIT insurance renewal package 5 Approve Workers' Compensation Coverage for Elected Officials; Resolution No. 2010-066 6. Approve 2011 Liquor License Renewals 7. Approve Amended 2010 Fee schedule for Water and Wastewater, Ordinance No. 08-036 8. Amend December 2010 Meeting Calendar . REGULAR AGENDA: 9. Public Hearing: 2011 Street and Water Quality Improvements for David Nelson Estates, Tartan Meadows; Resolution No, 2010-070 ordering Improvements and Plans 10. Public Hearing: Delinquent water and sewer utility bills, Resolution No. 2010-067 11. Public Meeting: Final 2010 Tax Levy Certification, Payable 2011; Resolution No. 2010-068A and Final 2011 General Fund Budget, Resolution No, 2010-068B 12. 2011-2015 Capital Improvement Program; Resolution No. 2010-069 13. 50th St & Kimbro Street Improvements; Resolution No, 2010-071 Accepting Report and call for Public Hearing January 18, 2011 14. Consideration of Special Event Permit Ordinance No. 08-037 15. Response to Petition for Detachment — Resolution No. 2010-072 16. 1-94 to 30th Street N. Trunk Sewer Improvements: Authorize Design for Alternate Gravity Sewer Option (South of 10th Street) or Approve Plans and Authorize Bids — Resolution No. 2010-073 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 • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** CITY OF LAKE = ELMO AYOR & COUNCIL COMMUNICATION DATE: 12/07/2010 REGULAR ITEM #: AGENDA ITEM: November 16, 2010 City Council Minutes will be on the December 14" City Council agenda SUBMITTED BY: Sharon Lumby, City Clerk -- page 1 -- AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: DATE: 12/07/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda Approve Disbursements and Payroll in the Amount of $ 340,712.99 Tom Bouthilet, Finance Director Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of S340,712.99. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. # ACH ACH ACH DD 3065 —DD 3098 $ 24,162.51 36397 — 36407 $ 4,017.22 Payroll Dated 11/18/2010 (Payroll) ACH ACH ACH DD 3099 —DD 3114 36408 — 36409 — 36416 36417 - 36479 'TOTAL Aniount Description $ 7,502.65 Payroll Taxes to IRS 11/18/2010 1,158.88 Payroll Taxes to MN Dept, of Revenue 11/18/2010 $ 3,663.57 Payroll Retirement to PERA 11/18/2010 Payroll Dated 11/18/2010 (Direct Deposit) $ 8,232.27 $ 1,229.11 $ 3,766.18 $ 21,105.90 $ 400.00 $ 20,953.56 $ 244,521.14 40,712.99 Payroll Taxes to IRS 12/02/2010 Payroll Taxes to MN Dept. of Revenue 12/02/2010 Payroll Retirement to PERA 12/02/2010 Payroll Dated 12/02/2010 (Direct Deposit) Mn Pollution Control Agency - Permit Payroll Dated 12/02/2010 (Payroll) Accounts Payable Dated 12/07/2010 City Council Meeting Approval of Disbursements and Payroll December 7th, 2010 Consent Agenda Item #2 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $340,712.99. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the December 7th, 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 12/07/2010 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion ..... ....... ............ ,...,............ ......... Mayor & City Council Action on Motion Mayor Facilitates page 2 -- Accounts Payable To Be Paid Proof List User: joan z Printed: 12/02/2010 - 12:44 PM Batch: 001-12-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine ACEHARD Acc Hardware , Inc 100336 11/24/2010 19,19 0.00 12/07/2010 Wash Bay Repair parts No 0000 101-430-3100-42230 Building Repair Supplies 100336 Total: 19.19 .ACEHARD Total: 19.19 ACS Animal Control Services 338 11/21/2010 592.00 0.00 12/07/2010 Animal Control Svs 10/24-11/21/10 No 0000 101-420-2700-43150 Contract Services 338 Total: 592.00 ACS Total: 592.00 ALLWEATH All Weather Services 12/02/2010 12/02/2010 3,135.00 404-480-8000-45300 Improvements Other Than Bldgs 12/02/2010 Total: 3,135.00 Cert 2 (F) 11/23/2010 7,107.00 603-496-9500-45300 Improvements Other Than Bldgs Cert 2 (F) Total: 7,107.00 ALLWEATH Total: 10,242.00 ALPHAV1D Alpha Video & Audio Inc. Credit Memo 10/22/2010 -1,147.86 410-480-8000-45700 Office Equipment & Furnishings Credit h4emo Total: -1,147.86 1NV83176 10/15/2010 2,333.10 411-480-8000-45700 Office Equipment & Furnishings 1NV83176 Total: 2,333.10 1NV83232 I 0/22/20 1 0 2,873.89 411-480-8000-45700 Office Equipment & Furnishings IN V83232 Total: 2,873,89 AP - To Be Paid Proof List (12/02/10 12:44 PM) 0.00 12/07/2010 Sunfish lake Park Rain Gardens No 0000 0.00 12/07/2010 2009-2010 Rain Garden Project No 0000 0.00 12/07/2010 Overpayment on Shelf Rack No 0000 0,00 12107/2010 2 Chief TV Mounts & LG 55" TV No 0000 0.00 12/07/2010 1 Video/Audio 1 LG 55" TV Council No 0000 Chamh Page 1 Invoice # Inv Date ALPHAV1D Total: AMDAHL Amdahl Chris 7741 11/21r2010 101-420-2220-44010 RepairsiMaint Bldg 7741 Total: AJ\IDAHL Total: AMERICAN American Eng and Testing, Inc. 49543 11/18/2010 418-480-8000-43150 Contract Services 49543 Total: 49544 12/02/2010 404-480-8000-45300 Improvements Other Than Bldgs 49544 Total: AMERICAN Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 4,059.13 176.40 0.00 12/07/2010 Repair combination door lock on St #2 176.40 176.40 3,857.03 0.00 12107/2010 Geotechnical Setvies - 2011 50th & Kimb 3,857.03 500.00 0.00 12/07/2010 Soil Borings for Rain Gardens 500.40 4,357.03 AMUNDSON Amundson Donna 11/10/2010 11/10/2010 525.09 0.00 12/07/2010 Eagle Scout Project - Sunfish Lake 404-480-8000-45300 Improvements Other Than Bldgs Kiosk I I/10/2010 Total: 525.09 AMUNDSON Total: 525.09 Aramark, Inc. 629-7115722 101-430-310044170 629-7117553 1 101-410-1940-44010 629-7120496 101-430-3100-44170 629-7125247 1 I01-430-3100-44170 629-7127058 101-420-2220-44010 629-7127059 1 101-410-1940 11010 1/11/2010 Uniforms 629-7115722 Total: 1/15/2010 RepairsiMaint Contractual Bldg 629-7117553 Total: 1118/2010 Uniforms 629-7120496 Total: 1/25/2010 Uniforms 629-7125247 Total: I/29/2010 Repairs/Maint Bldg 629-7127058 Total: 1/29/2010 Repairs/Maint Contractual 131d 629-7127050 Total: AP - To Be Paid Proof List (12/02/10 - 12:44 PM) 22.97 0.00 12/07/2010 Uniforms 22.97 117,51 0.00 12/07/2010 Linen City Hall 117.51 22,97 0.00 12/07/2010 Uniforms 22.97 23,63 0.00 12/07/2010 Uniforms 23.63 68.44 0.00 12/07/2010 Monthly Rug service Station #1 68.44 114.29 0.00 12/07/2010 Linen City Hall 114.29 No 0000 No No No 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 Invoice # Inv Date 629-77127060 11/29/2010 101-420-2220-44010 Repairs/Maint Bldg 629-77127060 Total: ARAM Total: ASPENMI Aspen Mills, Inc. 102301 11/10/2010 101-420-222044170 Uniforms 102301 Total: 102302 11/10/2010 101-420-2220-44170 Uniforms 102302 Total: 102581 11/18/2010 101-420-2220-42400 Small Tools & Equipment 102581 Total: 102582 11/18/2010 101420-2220-44170 Uniforms 102582 Total: ASPENMI Total: BATTYPL Batteries Plus Woodbury, Corp 32-717840 11/17/2010 602-495-9450 1/030 Repairs\Maint 1mp Not 131dgs 32-717840 Total: BATTYPL BRYAN Bryan Rock Products, Inc. 34826 11/15/2010 101-450-5200-42250 Landscaping Materials 34826 Total: BRYAN Total: C&J CONS C & .1 Consulting Services, LLP Nov 10 12/01/2010 101-410-1520-43150 Contract Services Nov 10 12/01/2010 101-410-1520-42000 Office Supplies Nov 10 Total: C&J CONS Total: AP - To Be Paid Proof List (12102/10 - 12:44 PM) Amount Qua Pmt Date Description Reference Task Type PO # Close POLine # 69.07 0.00 12/07/2010 Monthly Rug service Station 42 69.07 438.88 59.85 0.00 12/07/2.010 Uniform Narnetags 59.85 124.46 0,00 12/07/2010 Boots, collar Brass 124.46 147.28 0.00 12/07/2010 Medical coveralls, Nick Witter 147.23 66.82 0.00 12/07/2010 Uniform Items, Noah Malmquist 66.82 398.41 12.29 0.00 12/07/2010 34th Lift Station Battery- 12.29 12.29 535.88 0.00 12/07/2010 Red Ball Field Aggregate VFW 535.88 53588 3,962.50 0.00 12/07/2.010 Monthly Accounting Services - Nov 201 15.62 0.00 12/07/2010 Office Supplies 3,978.12 3,978.12 No 0000 No 0000 No No No No 0000 0000 0000 0000 0000 No 0000 No 0000 Page 3 Invoice # Env Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # CARQUEST Car Quest Auto Parts 2055-206798 1105/2010 4.68 0.00 12/07/2010 Lamps for Bldg Dept Truck 101-410-1910-44300 Miscellaneous 2055-206798 Total: 4.68 CARQUEST Total: 4.68 COMPEN SA Compensation Consultants, Ltd 11/01/2010 11/01/2010 150.00 0.00 12/07/2010 Annual Renewal 101-410-1320-44300 Miscellaneous 11/01/2010 Total: 150.00 11/26/2010 11/26/2010 40.00 0.00 12/07/2010 Monthly Admin Fees- December 2010 - 101-410-1320-44300 Miscellaneous 11/26/2010 Total: 40.00 COMPENSA Total: 190.00 CTYOAKDA City of Oakdale 10000460-01 11/30/2010 601-494-9400-43820 Water Utility 10000460-01 Total: CTYOAKDA Totak 5,738.00 0.00 12/07/2010 Water Service 1-94 5,738.00 5,738.00 No 0000 No 0000 No 0000 No 0000 CTYROSEV City of Roseville 0210575 12/01/2010 1,551.58 0.00 12107/2010 Monthiy IT Services - November 2010 No 0000 101-410-1450-43180 information Technology/Web 0210575 Total: 1,551.58 CTYROSEV Total: 1.551.58 EJ-BWACK Wacker Bill 11/22/2010 11/22/2010 72.00 0.00 12/07/2010 Election Judge Wage No 0000 101-410-1410-41030 Part-time Salaries 11/2212010 Total: 72.00 EJ-BWACK Total: 72.00 EMERGAUT Emergency Automotive tech, Inc 9924 11/17/2010 35.00 0.00 12/07/2010 Repair Strobe tin CV-1 No 0000 410-480-8000-45300 EmproVements Other Than Bldgs 9924 Total: 35.00 AW111710-2 11/23/2010 59_25 0.00 12/07/2010 Replacement light part for El - No 0000 410-480-8000-45300 Improvements Other Than Bldgs AW111710-2 Total: 59.25 AP - To Be Paid Proof List (12102J10 - 12:44 PM) Page 4 Invoice # Inv Date Amount Quantity Putt Date Description Reference Task Type PO # Close POLine # EPvl ERGAUT Total: 94.25 EMMONS A Emmons Alex 1E/16/2010 11/16/2010 101-410-1450-43620 Cable Operations 11/16/2010 Total: 11/22/2010 11/22/2010 101-410-1450-43620 Cable Operations 11/22/2010 Total: EMMONS A Total: 55.00 0.00 12/07/2010 City Council Meeting 11/16/10 55.00 55.00 0.00 12/07/2010 PZ Meeting 11/22'10 55.00 110.00 0000 No 0000 FRONT Frontier AO & Turf P44155 11117/2010 215.73 0.00 12/07/2010 Filters for John Deere 04- l No 0000 101-430-3100-42210 Equipment Parts P44155 Total: 215.73 FRONT Total: 215.73 FXL FXL, December 2010 12/01/2010 2.000.00 0.00 12107/2010 Assessing Services - December 2010 No 0000 101-410-1320-43100 Assessing Services December 2010 Total: 2,000.00 FXL Total: 2,000.00 Gophseal GOPHER STATE SEALCOAT INC. Pay Cert t(F) 11/10/2010 13.910.40 0.00 12/07/2010 Seal Coat Streets - 2010 No 0000 409-480-8000-45300 Improvements Other Than Bldgs Pay Cert I(F) Total: 13,910.40 Gophseal Total: 13,910,40 GRAINGER Grainger 9371467052 11/08/2010 48.14 0.00 12/07/2010 Replacerrient Lights for T2 No 0000 I 0 I-420-2220-64040 Repairs/Maint Eqpt 9371467052 Total: 48.14 9377295564 11/08/2010 33.91 0.00 12107/2010 Replacement Lights for T2 No 0000 l 01-420-2220-44040 Repairs/Maint Eqpt 9377295564 Total: 33.91 GRAINGER Total: 82.05 AP - To Be Paid Proof List (12/02/10 - 12:44 PM) Page 5 Invoice if Inv Date Amount Quantity rmt Date Description Reference Task Type PO # Close POLine # GROUPMO Group Mobile 13629 11/23/2010 259.00 0.00 12/07/2010 CV-2 Computer Mount No 0000 410-480-8000-45500 Vehicles 13629 Total: 259.00 GROUPMO Total: 259.00 HACH HACH Company 6996434 11117/2010 55.04 0.00 12/07/2010 Lab Test Supplies No 0000 601-494-9400-42160 Chemicals 6996434 Total: 55.04 HACH Total: 55.04 HAWKINS Hawkins, Inc. 3174463 11/12/2010 207:30 0.00 12/07/2010 Chlorine No 0000 601-494-9400-42160 CI -mink -Ms 3174463 Total: 207.30 HAWKINS Total: 207.30 HOTSY HOTSY EQUIPMENT OF MINNESOTA 36484 11/18/2010 38.49 0.00 12/07/2010 Pressure Washer Parts No 0000 101-430-3100-44010 Repairsilvlaint 131dg 36484 11/18/2010 35.97 0.00 12/07/2010 Sign Grafitti remover No 0000 101430-3100-42260 Sign Repair Materials 36484 Total: 74.46 HOTSY Total: 74.46 JOHNSTON Dean Johnston Expense 12102/2010 479.00 0.00 12/07/2010 Mileage 1/1-11/30/2 0 No 0000 101410-1110-43310 Mileage Expense 12/02./2010 320.21 0.00 12;07/20i 0 Lodging and Meals - No 0000 101-410-1110-44370 Conferences & Training Expense i 2102/2010 11.00 0.00 12/07/2010 Parking - No 0000 101-410-1110-44300 Miscellaneous Expense Total: awl', JOHNSTON Total: 810.21 KDV Kern DeWenter Viere Ltd 118662 11/30/2010 4,320.00 0.00 12/07/2010 Financial Services - November 2010 101410-1520-43150 Contract Services 118662 Total: 4,320.00 No 0000 AP - To Be Paid Proof List (12/02/10 - 12:44 PM) Page 6 Invoice # Iuv Date Amount Quantity Prnt Date Description Reference KDV Total: 4,320.00 Task Type PO # Close POLine LARSON LARSON DIESEL SERVICE, Corp 101026008 10/27/2010 344.63 0.00 32107/2010 DOT & Service 06-1 - No 0000 101-430-3120-44040 RepairsiMaint Eqpt 101026008 Total: 344.63 101029003 10/29/2010 369_27 0.00 12/07/2010 DOT & Service 00-1 No 0000 101-430-3120-44040 RepairsiMaint Eqpt 101029003 Total: 369.27 LARSON Total: 713.90 LAWTONJA Lawton James 10/03/2010 10/03/2010 2,572.50 0.00 12/07/2010 Arbitration Services - Hardy No 0000 1 01-41 0-1320-43040 Legal Services 10/03/2010 Total: 2,572.50 LAWTONJA Total: 2,572-50 LEAGMN 1 :Pave of MN Cities 146287 11/10/2010 40.00 0-00 12/07/2010 2010 Regional Meetings No 0000 101-410-1110-44370 Conferences & Training 146287 Total: 40.00 LEAGMN Total: 40.00 MARVS Marv's Professsional Tools 231479 11/18/2010 343.53 0.00 12/07/2010 Air Drill Sockets No 0000 101-430-3100-42400 Small Tools & Minor Equipment 231479 Total: 343.53 MARVS Total: 343.53 MCKENZIE McKenzie Metro Appraisal 10-416 11119/2010 1,955.00 0.00 12/07/2010 Appraisal Report - Trunk sewer No 0000 413-480-8000-43150 Contract Services Project 10-416 Total: 1.955.00 MCKENZIE Total: 1,955.00 MENARDSO Menards - Oakdale 22825 11/17/2010 60.07 0.00 12/07/2010 Station #2 Maintenance items & 101-420-2220-44010 Repairs/Mail-it Bldg supplies 22825 Total: 60.07 AP - To Be Paid Proof List (12102/10 - 12:44 PM) No 0000 Page 7 Invoice # inv Date Amount Quantity Pint Date Description Reference Task 23243 11/18/2010 I 01-430-3100-42150 Shop Materials 23243 Total: 24736 11/23/2010 101-430-3100-42230 Building Repair Supplies 24736 11/23/2010 101-430-3100-42400 Small Tools & Minor Equipment 24736 Total: 24771 11/2312010 101-430-3100-44300 Miscellaneous 24771 Total: 24808 11123/2010 101-430-3100-44300 Miscellaneous 24808 Total: MENARDSO Total: MENARDST Menards - Stillwater 46102 11/2912010 101-420-2220-44010 Repairs/Maint Bldg 46102 Total: MENARDST Total: METROF IR Metro Fire 39420 10130/2010 10 1-420-222042400 Small Tools & Equipment 39420 Total: lvIETROF ER Total: 85.50 0.00 12/07/2010 Shop Supplies 85.50 43.07 0.00 12/07/2010 Wash Bay Bulbs; Oil Dispenser Batteries 54-98 0.00 12107/2010 Multi Meter 98.05 23.73 0.00 12/07/2010 Holdiay Light Bulbs 23.73 18.98 0.00 12/07/2010 Holiday Light Bulbs 18.98 286.33 6.28 0.00 12/07/2010 Silicone &hole filling on old Chief 2 4.28 6.28 145_36 0.00 12/07/2010 Replacement Helmet shields X 4 145.36 145.36 MN NATIV Minnesota Native Landscapes 6448 11/24/2010 2,226.25 404-480-8000-45300 Improvements Other Than Bldgs 6448 11/24/2010 1,000.00 404-4-80-8000-45300 improvements Other Than Bldgs 6448 Total: 3,226.25 MN NATI V Total: 3,226.25 MNDOHEDU Minnesota Dept_ of Health 12012010 12/01/2010 601-494-9400-43820 Water Utility 12012010 Total: AP - To Be Paid Proof List (12/02A 0 - 12:44 PM) 0.00 12/07/2010 Sunfish Park Resource Mgmt Plan 0.00 12/07/2010 Sunfish Park Res Mgmt Plan Weed control 1,508.00 0.00 12/07/2010 Quarterly Connection Fee Perrnit 1,508.00 Type PO ff Close POLine No 0000 No No No No 0000 0000 0000 0000 No 0000 No No No No 0000 0000 0000 0000 Page 8 - Invoice # Inv Date MNDOHEDU Total: MORTON Morton Salt, Inc. 527727 11/23/2010 101-430-3125-42290 Sand/Salt 527727 Total: MORTON Total: NEXTEL Nextel Communications 761950227-092 11118/2010 101-410-1940-43210 Telephone 761950227-092 11/18/2010 101-420-2220-43210 Telephone 761950227-092 11/18/2010 101-420-2400-43210 Telephone 761950227-092 11/18/2010 101-430-3100-43210 Telephone 761950227-092 11/18/2010 101-450-5200-43210 Telephone 761950227-092 Total: NEXTEL Total: PITNEYRE Reserve Account Pitney Bowes Ivo !nolo 12/01/2010 101-410-1320-43220 Postage i2J01r20t0 Total: PITNEYRE Total: PLANTH PLANT HEALTH ASSOCIATES, INC 1026-10 12/02/2010 101-430-3250-43150 Contract Services 1026-10 Total: PLANTH Total: PLUNKETT Plunkett's Pest Control 2011175 12/01/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 2011175 Total: PLUNKETT Total: AP - To Be Paid Proof List (12102/10 - 12:44 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 1,508.00 6,606.19 6,606.19 6,606.19 85.25 182.84 20.03 62.65 59.12 409.89 409,89 O. 0 12/07/2010 Road Salt 0.00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 Cell Phone Service - Adminstration Cell Phone Service Fire Dept Cell Phone Service - Building Dept Cell Phone Service - Public Works Dept Cell Phone Service - Parks Dept 500.00 0.00 12/07/2010 Postage 500.00 500.00 1,200.00 0.00 12/07/2010 Forester Services - Oct/Nov 2010 1,200.00 1,200.00 80.16 0_00 12/07/2010 Fest Control Service - City Hall 80.16 80.16 No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 Page 9 Invoice # Inv Date POMPS Pomp's Tire Service, Inc. 91293 11/26/2010 101-430-3100-44040 Repairs/Is/faint Eqpt 91293 Total: POMPS Total: ROGERS Rogers Printing Services, Corp 17514 11/16/2010 601-494-9400-42030 Printed Forms 17514 Total: ROGERS Total: RUD Prince-Rud Diane 11/16/2010 11116/2010 101-410-1940 14010 Repairs/Maint Contractual Bldg 11/16/2010 11/16/2010 101-420-2220-44010 Repairs/Maint Bldg 11/16/2010 Total: RUD Total: S&T S&T Office Products, Inc. 010h3632 11/09/20 10 101-420-2220-42000 Office Supplies 0)0113632 Total: 010H3987 ti/11/2010 101-410-1320-42000 Office Supplies 0101-13987 Total: CM010H5369 11/10/2010 101-410-132042000 Office Supplies CM010H5369 Total: 010H3599 1 1/10/2010 101-410-1320-42000 Office Supplies 010H3599 I 1/10/2010 101-420-2220-42000 Office Supplies 010H3599 Total: S&T Total: SAMSCLUB Sages Club 11122/2010 1 1/22)20 I 0 101-420-2220-42400 Small Tools & Equipment 11/2212010 Total: AP - To Be Paid Proof List (12/02/10 - 12:44 PM) 30.03 -6.99 -6.99 449.34 284.26 733.60 829.00 Amount Quantity Pint Date Description Reference Task .426.00 0.00 12/07/2010 Tire Repair Case Loader 99-2 left side 426.00 426.00 218.03 0.00 12/07/2010 Water/Utility Forms 218.03 218.03 480.00 0.00 12/07/2010 Cleaning City hall & Annex 360.00 0.00 12/07/2010 Cleaning Fire Hall 840.00 840.00 72.36 0.00 12/07/2010 Printer Ink supplies 72.36 30.03 0.00 12/07/2010 Office SUPPlies 0.00 12/07/2010 Office SupplieS 0.00 12/07/2010 Office Supplies 0.00 12/01/2010 Fire Dept Office Supplies 30.94 0.00 12/07/2010 Ice Melt for scenes 30.94 Type PO # Close POLine No 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page ID invoice /4 Inv Date 2247 11/17/2010 101-420-2220-44300 Miscellaneous 2247 11/17/2010 101-4 I 0-1320-42000 Office Supplies 2247 Total: SAMSCLUB Total: ST1LLM ED Stillwater Medical Group 11/09/2010 11/09/2010 101420-2220-43050 Physicals 11/09/2010 Total: STILI.MED Total: TDS TDS METROCOM - LLC 651-779-8882 11/13/2010 I 01-420-2220-43210 Telephone 651-779-8882 11/13/2010 101-430-3100-43210 Telephone 651-779-8882 11/13/2010 602-495-9450-43210 Telephone 651-779-8882 11/13/2010 601-494-9400-43210 Telephone 651-779-8882 Total: TDS Total: TKDA TKDA, Inc. 000201003218 1 203-490-9070-43030 000201003220 1 203-490-9070-43030 000201003221 413-480-8000-43030 000201003222 1 415-480-8000-43030 00020100322.3 I 417-480-8000-43030 000201003224 1 101-420-2400-43030 tam Engineering Services 000201003218 Total: I/11/2010 Engineering Services 000201003220 Total: I/11/2010 Engineering Services 000201003221 Total: 1/11/2010 Engineering Services 000201003222 Total: I/11/2010 Engineering Services 000201003223 Total: 1/11/2010 Engineering AP - To Be Paid Proof List (12/02/10 - 12:44 PM) Amount Quantity Pmt Date Description Reference 103.47 0.00 12/07/2010 Restock bottled water & station Supplies 0.00 12/07/2010 City hall Supplies 43.70 147.17 178.11 Task Type PO # Close POLine No 0000 No 0000 245.65 0.00 12/07/2010 Preplacement/A.nnual Physicals, Hep B - 245.65 245.65 159.68 0.00 12/07/2010 Analog Lines - Fire 155.74 0.00 12/07/2010 Analog Lines - Public Works 104.52 0.00 12/07/2010 Analog Lines - Lift Station Alarms 42.16 0.00 12/07/2010 Alarm Well House 42 462.10 462.10 1,001.82 0.00 12/07/2010 Development - Whistling Valley III 219.71 0.00 12/07/2010 Sanctuary 74.10 0.00 12/07/2010 Lake Elmo Area Village Eng. Support 1,001.82 219.71 74.10 1,724 77 1,724.22 0.00 12/01/2010 2009 Street Improvement - Final Design 5,739.82 0.00 12/07/2010 Lake Elmo 2010 Street & Water Quality 5,739.82 482.62 0.00 12/07/2010 General Engineering No No No No No 0000 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 11 Invoice # !WV Date 600201003224 11/11/2010 101-430-3100-43030 Engineering Services 000201003224 11/11/2010 101-410-1930-43030 Engineering Services 000201003224 11/11/2010 101-410-1910-43030 Engineering Services 000201003224 Total: 000201003225 11/11/2010 101-420-2400-43030 Engineering 000201003225 11/11/2010 101-4104910-43830 Engineering Services 000201003225 11/11/2010 409-480-8000-43030 Engineering Services 000201003225 11/11/2010 404-480-8000-43030 Engineering Services 000201003225 11/11/2010 601-494-9400-43030 Engineering Services 000201003225 11/11/2010 602-495-9450-43030 Engineering Services 000201003225 11/11/2010 603-496-9500-43030 Engineering Services 000201003225 Total: 000201003227 11/11/2010 417480-8000-43030 Engineering Services 000201003227 Total: 00020100312g 11/11/2010 601-494-9400-43030 Engineering Services 000201003228 Total: 000201003233 11/11/2010 413-480-8000-43030 Engineering Services 000201003233 Total: 000201003234 11/11/2010 418-480-8000-43030 Engineering Services 000201003234 Total: 000201003235 11/11/2010 418-480-8000-43030 Engineering Services 000201003235 Total: TKDA Total: UM University ofMinnesota BLD OFF 12/02/2010 101-420-2400-44370 Conferences & Training BLD OFF Total: AP - To Be Paid Proof List (12/02/10 - 12:44 PM) Amount Quantity Prat Date Description Reference Task Type PO # Close POLine 143.01 7,830.85 182.66 8,639.14 1,291.47 119_19 3.548.40 3,432.65 166.87 84.73 2,565.04 11.208.35 1,615.60 0.00 12/07/2010 TH 5 & Janina Ave Roundabout 0.00 12/07/2010 General Engineering 0.00 12/07/2010 General Engineering 0:00 t 2/07/2010 General Ehgih&ering 0,00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 0.00 12/07/2010 General Engineering -A/ RA General Engincering-VRA General Engineering-VRA General Engineering-VRA General Engineering-VRA General Engineering-V RA General Engineering-VRA 1.615.60 1,473.88 0.00 12/07/2010 Lake Elmo Water System Strategies/Fin 1,473.88 35,352.51 35,352.5 I. 0.00 12/07/2010 1-94 to 30th Street - village Sanitary 7,140.00 0.00 12/07/2010 2011 Street Improvement Feasebility 7,140.00 5,960.00 0,00 12107/2010 Lake Elmo/50th s • bro MSAS St lmprov 5,960.00 80,149.15 270.00 0.00 12/07/2010 Building Official Institute 270.00 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 1 2 Invoke # Inv Date Amount Quantity Pmt Date Description Reference UM Total: 270,00 VALPAVNG Valley Paving, Inc_ W08241-145T1-15 11/11/2010 417-480-8000-43150 Contract Services W0824 -145TH5 Total: VALPAVNG Total: 232.71 0.00 12/07/2010 Gate Valve - TH 5 Roundabout 232.71 232.71 VANZANDT Van Zandt Distributing 4442 11/03/2010 452.26 0.00 12107/2010 EMS supplies, restock 101-420-2220-42080 EMS Supplies 4442 Total: 452.26 VANZANDT Total: 452.26 V1CKERMA Vickerman Company 697607 11/24/2010 32.77 0.00 12/07/2010 Holiday Light Bulbs 101-430-3100-44300 Miscellaneous 697607 Total: 32.77 V1CKERMA Total: 32.77 WASHCONS Washington Conservation Dist. 1933 12/01/2010 213.00 0.00 12107/2010 Site assessment Prairie Restoration 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 1933 Total: 213.00 WASHCONS Total: 213.00 Task Type PO # Close POLine # YARUSSOJ Yarusso John 12/2/2010 12/02/2010 1,227.58 0.00 impaolo Reimb Supplies for Eagle Scout Project - 404-480-8000-45300 Improvements Other Than Bldgs 12/2/2010 Total: 1,227.58 YARIJSSO.1 Total: 1,227.58 No 0000 No 0000 No 0000 No 0000 No 0000 YOCUM Yocum Oil Company, Inc. 195710 11/22/2010 160.69 0.00 12/07/2010 Bulk Oil Tanks No 0000 101-430-3100-44010 Repairs/Maint Bldg 195710 Total: 160.69 YOCUM Total: 160.69 Report Total: 160,559.56 AP - To Be Paid Proof List (12/02/10 - 12:44 PM) Page 1 3 Accounts Payable To Be Paid Proof List User: joari z Printed: 12/02/2010 - 1:24 PM Batch: 002-12-2010 Invoice # Inv Date Amount. Quantity Pmt Date Description Reference Task Type PO # Close POLine # GRTSTILL Greater Stiliwater Chamber 2837 11/01/2010 685.00 0.00 12 t07/7.0 ; 0 Annual Dues No 0000 10I-410-1110-44330 Duts & Subscriptions 2837 Total: 685.00 GRTSTILL Total: 685.00 NORTHSEC Northland Securities. Inc. LKELO9B 01/10/2010 30,000.00 0.00 12/07/2010 Principal GO Improvement Bond No 0000 316-470-7000-46010 Bond Principal 2009B LKELO9B 01/10/2010 7,03125 0.00 12/07/2010 Interest GO Improvement Bond 2009B - No 0000 316-470-7000-46110 Bond Interest LKELO9B Total: 37,031.25 NORTHSEC Total: 37,031.25 SPRING SPRINGSTED, 1NC. 0015880 09/0112010 4,425.33 0.00 12/07/2010 Annual Financial Maintenance 2011 - No 0000 101-410-1450-43180 Information Technology/Web 0015880 Total: 4,425.33 SPRING Total: 4,425.33 USBANK US Bank Trust 33402400 01/01/2011 40,000.00 0.00 12/07/2010 Principal improvement Bond 2002A - No 0000 312-480-8000-46010 Bond Principal 33402400 01/01/2011 1,820.00 0.00 12/07/2010 Interest Improvement Bond 2002A No 0000 312-480-8000-46110 Bond Interest 33402400 Total: 41,820.00 USBANK Total: 41,820.00 Report Total: 83,961.58 AP - To Be Paid Proof List (12/02/10 - 1:24 PM) Page 1 AYOR & COUNCIL COMMUNICATION DATE: 12/07/2010 CONSENT ITEM #: 3 MOTION as part of the Consent Agenda AGENDA ITEM: 2009 and 2010 Street Improvement Rain Garden Project — Change Order No. 2, Compensating Change Order No. 3, and Pay Certificate No. 2 (Final) 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 REOUESTED: The City Council is respectfully requested to approve Change Order No, 2, Compensating Change Order No. 3 and Pay Certificate No. 2 (Final) to All Weather Services, the Contractor for the 2009 and 2010 Street Improvement Rain Garden Project. The Contractor submitted an invoice in the amount of $7,107. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION AND STAFF REPORT: The installation of the rain gardens for the 2009 and 2010 Streets are complete. A total of six rain gardens were installed on the 2009 Street Project and 5 were installed on the 2010 Street Project. The plantings installed as part of this project will carry a one year warranty, which will begin on December 7, 2010 and end on December 6, 2011. Total costs for the 2009 and 2010 Rain Garden Project were $32,221.75. This was $4,533 over the original budget of $27,688.75. The City has been approved for a maximum of $35,000 in cost reimbursement from the VBWD Community Grant. All construction costs for this project will be submitted to VBWD for reimbursement, Change Order No. 2 for this project was necessary to correct the subsurface soils and install an underdrain to the rain garden located at 8879 Jane Road. Rusty Schmidt, Washington Conservation District, monitored the performance of this rain garden and recommended the additional improvements. Staff approved and directed the contractor to make the necessary corrections, Compensating Change Order No, 3 is a quantity reconciliation process that is completed at project close-out to adjust the estimated bid quantities to the actual quantities installed by the contractor, -- page 1 -- City Council Meeting December 7th, 2010 2009 and 2010 Street Improvement Rain Garden Project C.O No.2, C.C.O. No. 3 and Pay Certificate No. 2 (Final) Consent Agenda Item # 3 Pay Certificate No. 2 has been reviewed by staff and payment is recommended in the amount requested. This payment includes the additional work as identified in Change Order No. 2 and Compensating Change Order No, 3. RECOMMENDATION: Based upon the above information, it is recommended that the City Council approve as part of tonight's Consent Agenda Change Order No. 2 in the amount of $1,845, Compensating Change Order No. 3 in the amount of $2,288 and Pay Certificate No. 2 (Final) in the amount of $7,107. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to authorize Change Order No. 2 in the amount of $1,845.00, Compensating Change Order No. 3 in the amount of $2,288.00 and Pay Certificate No. 2 (Final) in the amount of $7,107.00 to be paid from the Storm Water Utility Fund for the 2009 and 2010 Street Improvement Rain Garden Project [as amended and/or modified at tonight's meeting]. ATTACHMENTS: 1. Change Order No, 2 2. Compensating Change Order No. 3 3, Pay Certificate No. 2 (Final) SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aaenda): Questions from Council to Staff Mayor Facilitates Call for Motion ....... . ............... ............... ..... ..... ......... Mayor & City Council - Discussion Mayor & City Council - Action on Motion Mayor Facilitates -- page 2 CHANGE ORDER TKDA Engineering -Architecture -Planning Saint Paul, IvLN November 23 20 10 Proj, No. 14504.001 Change Order No. 2 To All Weather Services for 2009 & 2010 Street improvement Rainearden Project for City of Lake Elmo, Minnesota You are hereby directed to make the following change to your contract dated September 22 . 20 10 . The change and the work affected thereby is subject to all contract stipulations and covenants, This Change Order will (Morease) (deerease) (net-shougo) the contract sum by One Thousand Eieht Hundred Forty Five Dollars and 00/100 ........ „ ......... ........ ....... ....... ............., „, „($1,845.00_), This change order includes the cost to perform additional soil correction to the under laying soils and to install an underdrain to the raingarden looated at 8879 Jane Road North. NET CHANGE Amount of Original Contract Additions approved to date (Change Order Nos. 1 ) Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) 4) Revised Contract Amount Appxovod By Approved By, City of Lake Elmo All Weather Services 1,845.00 $ 27,688,75 400.00 Washington Conservation District By 28,088.75 1,845,00 29,933,75 CHANGE ORDER TKDA Engineers -Architects -Planners Saint Paul, MN November 23 20 10 Proj. No. 14504.001 To All Weather Services for 2009 & 2010 Street Improvement Raingarden Project for City of Lake Elmo, Minnesota Compensating Change Order No. You are hereby directed to make the following change to Seotember 22 , 20 10 The change and the work affected thereby is subject covenants. This Change Order will (increase) (deemese) (not -Ghana) the contract sum by Two Thousand Two Plundrea Eighty Eiglit Doll US and 00/100. ..... „. COMPENSATING CHANGE ORDER your contract dated to allcontract stipulations and ($ 2,288:00 ), This change ordershows .the actual quantities installed et The unit priee,bid-amounts-(see .attached itemization): NET -CHANGE= Amount of Oxigingil Qmilact Additions approvetho date (ChangeOrder Nos. 1, 2 Deduct -ices approved to date (Nos, Contract amount to date Amount of this Change Older (Add) (Dedeet) (No-ehanga) Revised Contract Amount Approved By Approved By City of Lake'Elmo All Weather Services Washington Conservation District By 2,288.03 27,688.75 2,245,00 29,933.75 2,288.00 32,221.75 COMPENSATING CHANGE ORDER NO, 3 PERIOD ENDING; November 19, 2010 2009 & 2010 STREET IMPROVEMENT RAINGARDEN PROJECT CITY OF LAKE ELMQ, MINNESOTA TKDA PROJECT NO. 14353.001 & 14604,001 ITEM CONTRACT QUANTITY ,/- TAOM°DUANTTE NET , sCONTRA300700 NO. DESCRIPTION UNIT QUANTITY TO DATE DIFFERENCE PURNIICITE AMOUNT 2091:0Q 1 MOBILIZATION LS 1.0 _ 76,0 $ CHANGE 300,0 2 COMMON EXCAVATION CY 133.0 200.00 $ 2,200.00 $ 836.00 $ 1,403.00 3 CONCRETE CURB CUT AND BITUMINOUS REMOVAL EA 6.0 3.0 (2.0) $ 461501,:00a0: $ 100.00 $ (000,00) $ 2,200.00 4 4" PERFORATED DRAINTILE LF 28.0 30.0 - $ 190.00 $ - $ 100.00 6 CORE DRILL DRAINTILE TO CATCHBASIN AND INSTALL BALL Vr LS 1.0 1.0 - $ 350.00 $ 550.00 $ 0 BULLET EDGER LF590,0 600.0 (10.0) $ 8.00 $ 4,720.00 $ (80,00) $ 4,38050°:°00° 7 BLACK PLASTIC EDGER LF 360,0 360.0 - $ 3.00 $ 1,080.00 $ - $ 1,08001 8 RETAINING VVALL - GLACIAL FIELD STONE TON 5.0 6,0 1....2.0 $$ 10600:0000 $$ 1,725500:0000 ; 9 RIP -RAP - CL. 1 WITH GEOTEXTILE CY 15.0 MO- $ 750.00 10 COMPOST - MnDOT GRADE 2 LEAF COMPOST CY 31.0 43.0 - $ 1,350.00 30.00 $ 1,200.00 $ 301m $ 930.00 06.5070O(60.00) $ MOM D $ 11 MULCH - DOUBLE SHREDDED HARI:MOOD CY 31.0 29.0 (2,0) $ 30.00 $ 0 12 MoDOT 350 SEED MIX WITH STRAVV BLANKET SY 24.0 24.0 - $ 4.00 $- $ 96.00 19 T.R.M. • 6.5' )060' ROLL 1.0 1,0 • $ 200.00 $ 200.00 $ - $ 200.00 14 10" SPIKES EA 176.0 , $ 43,76 $ - $ 43.76 15 SHORT GRASS WOODS EDGE SAVANNA MENHANCEMENT AN SY 411325..0° - $ 4.001°.2005432.00 $ 10 PLANTS - PLUGS EA 46:29..00 702.03,128.00 $ 496:00 $ 2,643232.'0°0° 17 PLANTS - It1 GAL, EA 423.0 50E0 18245:00 $$ 12,00 $ 8,008,00 $ 1,020,00 $ 0,078,03 10 PLANTS - 42 GAL, EA 94.0 122.8 20.0 $ 22.00 $ 2,6E14.00 $ 010.00 4 2,008.00 10 SODDING SY 016.0 819.0 • $ 3.00 $ 2,748.00 $ - $ 2,740.00 TOTAL. 2009 & 2010 STREET IMPROVEMENT RAINGARDEN PROJECT $ 20,976.75 $ 2,200,00 $ 27.680.75 CHANGE ORDER NO.1 BRUSH PILE REMOVAL SUBTOTAL CHANGE ORDER NO.1 CHANGE ORDER NO, 1 COMMON EXCAVATION 2 SAND/COMPOST MIX (70/30) 3 MULCH 4 4" PERFORATED DRAINTILE W/ BALL VALVE 6 BALL VALVE 6 RIP RAP SUBTOTAL CHANGE ORDER NO, 2 LS 1.0 1,0 .$ 400.00 S - $ 400.00 • $ 400.00 CY 30.0 30.0 $ 330.00 $ - $ 330.00 CY 23.0 23;0 $ 690.00 $ - $ no.00 GY 10 3.0 $ 90.00 $ 00.00 LF 60,0 60,0 -.. :$ 260.00 $ $ 200.00 EA 1.0 1.0 $ 350,00 $ 350,00 TN 1.5 1.6 .. $ 136,0D $ $ 135.00 $ 1,645.00 TOTAL COMPENSATING CHANGE ORDER NO. 3 $ 32,221.75 $ 2,280.00 $ 20.033.75 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 The right timo. 'rhe right pop*, The right aoreparut (651) 2924400 (651) 292-00113 Fax www,tirda.tom Proj. No. 14504.001 Cert, No. 2(F) St. Paul, MN, November 23 .20 10 To City of hike Elmo. Minnesota This Certifies that All Weather Services For 2009 & 2010 Street Improvement Rainaarden Project Is entitled to Seven Thousand One Hundred,and Seven Dollars and 00/100 FINAL being 2nd estimate for 'iail,payment on contract.with you dated .Seuterriber 22 2010 Owner , Contractor Received 11 of above Certificate. All :20.10 RE Contract price plus extras All previous payments All previous credits Extra No, ( $7,107.00 1 Washington Conservation District ITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS 27,688,75 25,114.75 ' Change Order No. 1 $ 400.00 lChauge Order No. 2 . $ 1,845.00 Compensating Change DrdQl-No. 3 1$ 2,288.00 tr It Credit No, ft 11 AMOUNT OF THIS CERTIFICATE Totals Credit Balanco There, will remain unpaid on contract after payment of this Certificate 7,107.00 32,221.7532,221.75 $ 17,7.21 .7.5 11 32.221.75 II $ , ESTIMATE NO. 2 (FINAL) !009 & 2010 STREET IMPROVEMENT RAINGARDEN PROJECT ..)ITY OF LAKE ELMO, MINNESOTA KIDA, PROJECT NO. 14353.001 & 14604,001 TEM JO, DESCRIPTION MOBILIZATION COMMON EXCAVATION CONCRETE CURB CUT AND BITUMINOUS REMOVAL 4" PERFORATED DRAINTILE CORE DRILL DRAINTILE TO CATCHBASIN,AND INSTALL BALL VALVE 3 BULLET EDGER BLACK PLASTIC EDGER RETAINING WALL GLACIAL FIELD STONE RIP -RAP - CL, 1WITH 'GEC)TEXTILE 10 COMPOST - MnDOT GRADE 2 LEAF COMPOST 11 MULCH- DOUBLE SHREDDED HARDWOOD 12 MnDOT 350 SEED MIX WITH STRAW IILANKET 33 T.R.M. - 6,5 X 60' 14 jjPIKES 16 SHORT GRASS WOODS EDGE SAVANNA W/ENHANCEMENT AND WOOD FIBER BLANKET PLANTS - PLUGS 17 PLANTS -#1 GAL. 18 PLANTS - #2 GAL._ I 9 SODDING SUBTOTAL 2069 &.2010 STREET IMPROVEMENT RAINGARDEN PROJEC 2 4 3 CHANGE ORDER NO. 1 BRUSH PILE REMOVAL SUBTOTAL CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 COMMON EXCAVATION SAND/COMPOST MIX (70/30) MULCH 4" PERFORATED DRAINTILE WI BALL VALVE BALL VALVE RIP RAP SUBTOTAL CHANGE ORDER NO. 2 TOTAL ESTIMATE NO. 2 (FINAL) UNIT LS CY EA LF LS LF LF TON CY CY CY SY ROLL EA SY EA EA EA SY LS CY 0Y CY LF E'A TN CONTRACT QUANTITY 133 6 38 1 600 360 16 31 31 24 1 175 432 658 423 94 916 1.0 30.0 23,0 3.0 50.0 1.0 1.6 PERIOD ENDING: 1 November 19, 2010 1 1 QUANTITY UNIT AMOUNT TO DATE PRICE 1 TO DATE 1 $ 3610,00 1 $ 300.00 209 $ 11.90 $ 2,299,00 31 $ 450.00 $ 1,350.00 1 381 $ 6.00 $ 190,00 1 $ 350,00 $ 350.00 I 590 $ 8.00 $ 4,720,00 360 $ 3.00 $ 1,080.00 .. 5 $ 150.00 $ 750.00 15 $ 90.00 $ 1,350.00 43 $ 30.00 $ 1,290.00 291 $ 30.00 $ 870.00 24 $ 4.00 $ 96.00 1 $ 200.00 $ 200.00 175 $ 0,25 $ 43.75 432 $ too I $ 432.00 762 $ 4,00 I $ 3,128.0D 500 $ 12.001 $ 6,096.00 122 $ 22.00 $ 2,684.00 mei $ 3.00 $ 2,748,00 $ 20,076,75 1.0 $ 400.00 1 $ 400.00 400.00 30.0 $ 11.00 23,0 $ 30.00 3,0 $ 30,00 50.0 $ 5.00 1.0 $ 350,00 1.6 $ 90.00 03 $ - $ 330.00 890.00 90.00 250.00 350.00 135.00 I 1,845.00 32,221.75 Page 1 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 12/07/2010 Consent ITEM #: 4 MOTION as part of the Consent Agenda AGENDA ITEM: Approve Liability Coverage and Monetary Tort Liability Waiver SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Joe Rigdon, KDV Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to approve the Liability Coverage Waiver Form, stating the City does not waive the monetary limits on municipal tort liability. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda, BACK GROUND INFORMATION: The City of Lake Elmo obtains liability coverage through The League of Minnesota Cities Insurance Trust for buildings and vehicles. The coverage also includes tort liability. Because of this coverage, the City must decide whether or not to waive the monetary limits on municipal tort liability. as established by Minnesota Statutes §466.04. STAFF REPORT: If the City does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the City purchases the optional excess liability coverage. If the City waives the statutory tort limits, and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,500,000, regardless of the number of claimants. If the City waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort -- page 1 -- City Council Meeting Liability Coverage and Monetary Tort Liability Waiver December 7th, 2010 Consent Agenda Item # 4 limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that the City Council approve as part of tonight's Consent Agenda the liability coverage -waiver form, stating that the City -does not waive the monetary limits on municipal tort liability as established under Minnesota Statues 466.04. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. While tabling this item is not recommended (at least not beyond the planned December 14th meeting), the Council may elect to amend the recommended motion to one of the alternatives presented. If done so, the appropriate action of the Council following such discussion would be: "Move to approve Liability Coverage and [waive/not waive] the statutory tort limits [with or without purchase of additional coverage], as discussed at tonight's meeting". ATTACHMENTS: Liability Coverage Waiver Form SUGGESTED ORDER OF BUSINESS (if removed from the Consent AEenda): Questions from Council to Staff Call for Motion Discussion........................ ........ . ............ . ....... ................. Action on Motion ........................... .................. ....... . ....... Mayor Facilitates Mayor & City Council Mayor & City Council Mayor Facilitates -- page 2 — SECTION 1: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trustmust dnokdo whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to walve or not to waive the statutory limits has the following effects: " Ifthe city does not waive the statutory tort limits, an individual claimant would be able tnrecover no more than $5OU'UD0.onany claim bowhich the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. �If the city waives the statutory tort limits and does not purchase excess liability coverage, nsingle claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for o single occurrence to which the statutory tort limits apply would also belimited to$1,5OO.8UU..regardless nfthe number ofclaimants. " If the city waives the statutory tort limits and purchases excess liability coverage, osingle claimant could potentially recover enamount uphnthe limit oythe coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims towhich the statutory municipal tort limits donot apply are not affected bythis decision. This decision must bemade b the city council. Cities purchasing coverage must complete and return this form to ILmYC|Tbefore the effective date mfthe coverage, For further information, contact LMC|T. You may also wish todiscuss these issues with your city attorney. accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: F� �_� The city DOES NOT WAIVE the monetary limits onmunicipal tort liability established by Minnesota Statutes 4S8.D4. _ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, h»the extent of the limits ofthe liability coverage obtained from LMCIT. Date ofcity council meeting Signature Position Return t�iscompleted form to LMI17; 145 UniversIty Ave. k�St. Paul, MN.f5103-2044 CITY OF LAKE ELMO MAYOR 8( COUNCIL COM UNICA PON DATE: 12/07/2010 Consent ITEM #: 5 MOTION as part of the Consent Agenda Resolution 2010-066 AGENDA ITEM: Workers' Compensation and Optional Health Care Coverage for Elected Officials SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Joe Rigdon, KDV Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Resolution 2010-066 authorizing Workers' Compensation for elected officials and optional participation in Health Care coverage, without any increase or change in compensation and at no additional cost to the City. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACK GROUND INFORMATION: Minnesota Statue 176.001 subd.9 (6) states that "municipal officers elected or appointed for a regular term of office" are considered to be "employees" for workers' compensation purposes, only if the city has passed an ordinance or resolution to that affect. This would provide coverage for elected officials injured while performing his or her duties. In addition, the City Council may elect to determine if members of the City Council should be allowed to participate to the City's health care benefits program. However, Minnesota Statue §415.11 governs compensation of elected officials in statutory cities, requiring and increase to be approved by Ordinance and delay of its effective date until after the next municipal election. As such, in order to comply with State law, total Council compensation would not increase in 2011 but, rather, individual Council Members would be allowed to elect to opt into the City's health care benefits program, and could utilize their current compensation toward the total cost (pre-tax). Any additional costs would be born by the individual Council Member. -- page 1 -- City Council Meeting Workers' Compensation & Health Care Coverage for Elected Officials December 7th, 2010 Consent Agenda Item # 5 STAFF REPORT: As part of the annual Worker's Compensation renewal process, the City must decide whether or not it is the Mayor and City Council's intent to be included as employees for Workers' Compensation purposes. The City has historically determined it was in the best interest of the City to include this coverage for elected officials. This inexpensive coverage offers protection to the elected official and limits City exposure. Staff has also been asked to research Council participation in the City's current employee health care benefits program. After discussion with the current providers and the League of Mimiesota Cities, it has been determined that City Council members are eligible for employee health care benefits. In order to remain revenue neutral and comply with State law, current total Council compensation would not change. Rather, individual Council Members would be provided with the option of electing City health care benefits and utilizing his or her current City compensation (pre-tax) toward the cost of such coverage. RECOMMENDATION: Based upon the above background information and Staff Report, it is respectfully recommended that the City Council approve as part of tonight's Consent Agenda Resolution 2010-066, stating that the City considers an elected official as an employee for workers' compensation coverage and eligibility for health care benefits. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. While tabling this item is not recommended (at least not beyond the planned December 14th meeting), the Council may elect to amend the recommended motion. If done so, the appropriate action of the Council following such discussion would be: 'Move to approve Resolution 2010-066 regarding Workers' Compensation and eligibility for Health Care coverage for elected officials, [as amended at tonight's meeting]." ATTACHMENTS: . Resolution # 2010-066 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aaenda): Questions from Council to Staff Mayor Facilitates Call for Motion ................... .......... . ........................... Mayor & City Council Discussion Mayor & City Council Action on Motion ................... ...... ....... ............... . ...... .............. Mayor Facilitates -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-066 RESOLUTION REGARDING WORKERS' COMPENSATION AND ELIGIBILITY FOR HEALTH CARE COVERAGE FOR ELECTED OFFICIALS WHEREAS, the City of Lake Elmo obtains its Worker's Compensation coverage from the League of Minnesota Cities; WHEREAS, M.S. 176.011, subd. 9, (6) provides "that municipals officers elected or appointed for a regular term of office" are considered to be "employees" for workers compensation purposes only if the city has passed an ordinance or resolution to that effect; WHEREAS, as part of the renewal process, the City must decide whether or not it is the Mayor and Council's intent to be included as employees for workers compensation purposes; WHEREAS, the City Council also has the authority to determine individual Council Member eligibility for inclusion as employees for health care benefits; and WHEREAS, per Minnesota State Stat.§ 415.11, the City Council may not increase total Council Member compensation without adoption of an enabling Ordinance and setting its effective date after the next succeeding local election; and WHEREAS, the City Council's intent is to not raise total Council Member compensation but, rather, to make eligible and allow individual City Council Members to consider the option of selecting to join the City's employee health care program and direct their current compensation towards the total cost of such health care, with any additional costs paid for by the Council Member, resulting in no additional expense to the City. NOW, THEREFORE BE IT RESOLVED by the City Council of the CITY OF LAKE ELMO that the Mayor and Council Members of the CITY OF LAKE ELMO be considered as City employees for the purposes of Workers' Compensation and eligibility for participation in the City's employee health care benefits program. NOW, THEREFORE BE IT FURTHER RESOLVED by the City Council of the CITY OF LAKE ELMO that the Mayor and Council Members of the CITY OF LAKE ELMO be included for coverage in the Minnesota Workers' Compensation Program. RESOLUTION NO. 2010-066 ADOPTED, by the Lake Elmo City Council on December 07, 2010. Dean Johnston, Mayor . ATTEST: Bruce Messelt, City Administrator RESOLUTION NO. 2010-066 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 12/07/2010 CONSENT ITEM #: 6 MOTION As part of Consent Agenda Consider Approval of 2011 Liquor License Renewals Sharon Lumby City Clerk Bruce Messelt, City Administrato Dave Synder, City Attorney Washington County Sheriff's Department(under review SUMMARY AND ACTION REOUESTED: The City has received liquor applications for 2011, required fees, and insurance certificates. As all applications are in order, it is respectfully recommended that the City Council approve these renewals as part of tonight's Consent Agenda. BACKGROUND & STAFF REPORT: The City is respectfully requested to consider granting the following 2011 liquor applications: On -sale intoxicating liquor and On -sale Sunday intoxicating license to 3M Club of St. Paul (Operators of Tartan Park) and to the Machine Shed Restaurant by Heart of America Restaurants; conditioned upon approval by the Washington County Sheriff's Dept. On -sale intoxicating liquor, Off -sale intoxicating liquor and On -sale Sunday intoxicating liquor license to the Twin Point Tavern and Lake Elmo Inn icluding the outside patio conditioned upon approval by the Washington County Sheriff s Dept. On -Sale intoxicating liquor license for the Lake Elmo Inn Event Center conditioned upon approval by the Washington County Sheriffs Dept. RECOMMENDATION: Based upon the above information, City staff recommends approval of the 2011 liquor license renewals as part of tonight's Consent Agenda. Alternatively, the City Council does have the authority to remove this ite-m from the Consent Agenda and further discuss and deliberate prior to taking action, While tabling this item is not -- page 1 -- City Council Meeting Consider Approval of 2011 Liquor License Renewals December 7tb, 2010 Consent Agenda Item # 6 recommended (at least not beyond the planned December 14th meeting), the Council may elect to amend the recomrnended motion. If done so, the appropriate action of the Council following such discussion would be: "Move to approve 2011 Liquor License Renewals, as presented land amended at tonight's meetingr ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion.......... ......... . „ ........ ......... ..... ,Mayor & City Council Action on Motion.... .......... ...... ............... ....... ............ ............. Mayor Facilitates page 2 -- t , C(TY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION 12/07/2010 7 as part of the Consent Agenda Ordinance No. 08-036 AGENDA ITEM: Approve Amending 2010 Fee Schedule for Water & Waste Water (Sewer), Ordinance No, 08-036 SUBMITTED BY: Tom. Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Joe Rigdon, KDV SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to adopt Ordinance No, 08-036 as part of tonight's Consent Agenda, amending the 2010 Fee Schedule for Water and Waste Water rates, to be made effective for the December 2010 — February 2011 billing period. BACKGROUND INFORMATION: Due to the City's annual billing cycle for water and wastewater services (December to November), the City typically considers any "next year" rates adjustment prior to the start of the December- February billing quarter. STAFF REPORT: The City operates the water and wastewater (sewer) utilities as Enterprise activities and employing fund -based financial and accounting standards to such. Enterprise activities are those City operations that are financed and operated similar to a private business. Generally, the services are provided to specific customers and all or most of the expenses emanate from specific enterprise activities, while revenues typically accrue from services provided or pre -determined user fees (in the case of water and wastewater, volume -based user fees). Revenues derived are used to pay for the City's water and sewer system operating, maintenance and capital expenses. The City continues to experience rising costs in operating Enterprise activities and utilities in particular, thus creating the request for modest annual rate adjustments. The proposed rate adjustment for 2011 (December 2010 — November 2011) is a two percent increase across the board for wastewater used and for all potable water consumption tiers. The base rate for potable water usage remains at its current charge. -- page 1 -- City Council Meeting Amending 2010 Water & Wastewater Fee Schedule - Ordinance 08-036 December 7th, 2010 Consent Agenda Item # 7 RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that the City Council adopt Ordinance no. 08-036 as part of tonight's Consent Agenda, amending the 2010 Fee Schedule for Water and Waste Water rates, to be made effective for the December 2010 — February 2011 billing period. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. While tabling this item is not recommended (at least not beyond the planned December 14th meeting), the Council may elect to amend the recommended motion. If done so, the appropriate action of the Council following such discussion would be: "Move to adopt Ordinance No. 08-036, amending the 2010 Fee Schedule, as presented [and further amended at tonight's meetingr ATTACHMENTS: 1. Ordinance No. 08-036 2. Proposed Amended 2010 Amended Fee Schedule SUGGESTED ORDER OF BUSINESS (if removed from the Consent Ae-enda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion ....... ........ ............ ..... ....„.......,....,....., ....... Mayor & City Council Action on Motion ........ ............ ..... .............. ..... „....... . Mayor Facilitates page 2 — CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE N0,08-036 AN ORDINANCE AMENDING MUNICIPAL FEES FOR CALENDAR YEAR 2010 The Lake Elmo City Council hereby adopts the following amended fee schedule for calendar year 2010, applicable to the December 2010 water and wastewater billing cycle, and directs that it be added to the Lake Elmo Municipal Code as Appendix A. Appendix A — Amended 2010 Fee Schedule ADOPTION DATE: Passed by the Lake Elmo City Council on the 7th day of December, 2010, CITY OF LAKE ELMO By: ATTEST Bruce A. Messelt City Administrator Dean A. Johnston Its: Mayor PUBLICATION DATE: Published on the day of , 2010. Appendix A Development, Service, Building, Etc. Accessory Bldg Forward of Primary Structure Amateur Radio Antenna -Appeal (to Board of Adjustment and Appel) Assessment Search Building Demolition First Siouan: Feet 111 JdOo 1 I1LI10(10 reco o po onion diet -cod -Burning Permits 14csidinnal hum -Comprehensive Plan Amendment "Conditional Use Permit (CUP) 1,1" ICONTRACTOR LICENSE FEES tilaclinTytng 1.1CCIASV I and .1/( = Sirn Solid \Vast, I laulvi has' -'.ontract COPY SERVICES ( Ct.nivs (B&W) 1) X 17 Copics (lpi- 1pia I I X 17 \lip- colored riov Stwet N -1/) ( ;IS / I 'alginuvring :\ laps :1.15t.. (l'ur I 1ur Plan Si Maps Istri4vi than I N 17 2010 Revised Fee Schedule 2010 2010 Amended 580.00 580.00 5875,00 $875.00 5100.00 $100.00 525.00 $25,00 $105.00 $105.00 $11.00 $11.00 .1,111011 SI uhld i & Dc1.111:, S‘..c.nons I. 2, 4, 6-12, 1-1 Svctic,ii And 1,1 /111j)nrill'ilS11l ( O. Irclioatnee l'arks Plan 545.00 $45.00 $80,00 $80.00 $65.00 $65.00 $1,300,00 S1,300.00 $1,000.00 S1,000.00 -Culverts in Developments WW1 Rural Section Dog License Service Dugs License (does %vitt) spvcial training 10 asstsl indi%i1i1ia3111 I iIicc,i1 ih,a; (first 'mil, quid', 1,1ciatsvii ,L111l1) ( 11111,M111(1 Ciro! il ot/Ildj rgiC;t1 mind 1)tiplicalc1 PE Tag Driveway ,i,rninarcial Excavating and Grading iFalse Alarm 1 to 3 False alotnns In excess of 3 up no and including 6 false alarms within a t \AVIV C (12) month period ( nincrci,J1 in eXCeSS of six false alarms within a twelve (12) month period IL .o antuercirl $70.00 $70.00 $70.00 $70.00 S70.00 $70.00 S60,00 $60.00 $120.00 $120.00 570.00 $70.00 50.35 $0.35 $1,00 $1.00 $0.50 $0.50 $2,00 S2.00 $3,15 $3.15 520.00 $20,00 $5.00 55.00 $70.00 $70,00 $20,00 $20.00 $55,00 $55,00 $160.00 $160.00 $12.00 $12.00 $52.00 552.00 $27.00 $27.00 $105.00 $105.00 $12,00 $12.00 $80.00 $80.00 $160.00 $160.00 $16.00 $16.00 $5.00 S5.00 $60.00 $60,00 $42.00 $42.00 $42.00 $42.00 $83.00 $85.00 MOO $1.00 Escrow or Additional Char Plus 5.00 State Surcharge (Effective 2010) Plus 5.00 State Surcharge (Effective 20101 Wireless Communication Facilities Escrow $6,000.00 Flood Plain Ordinance Escrw $500.00 Provided electronically ur paper Provided electronically or paper r Renew on expiration iof rabies vaccination Phis Boarding Fee-20.00/Doty Plus Boarding Fee-20.00/Dav Phis Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Dav 560.00 $60,00 $160„00 $160.00 „ „ „ Erosion Control Bond., Escrow, or etter of Credit: 1500.00 5115.00 $115.00 per acre. $0.00 $0,00 $110.00 5110.00 $315.00 S315.00 $185,00 $185.00 $520,00 $520.00 Page 1 of 3 Appendix A Escrow or Additional Charge Development, Service, 2010 Building, Etc. !Fire 1);AVC:Are 111SpeCOoll ti Alarm SvAcins Fire Sprinkkir Srystem 11100 Fire Sprinkler Svstent Flood Plain District Delineation Fuel Tank Removal (Underground) Fuel Tank Install Heating New 11adential 1dditi,n rt) ()),iininercial (Nov (a) Addili,,tu Interim Use Permit (IUP) ilnterirn Use Permit (IUP)-Renewal iLaVill Sprinklers _Liquor Elul) 1 )11 Sale I musical ing ()ff Sale lot, (x1c);iting 011--S)ale N, (n-inn ,Nica I ins, on-11,1))) Intuxacating Inmxicating 211,11-0(1)(1), On-tiale Iin-ustipaion ha-Saly Non-lim)xic,(11ng 0n-Salc Sunday Int, iNicating Tcyrty,) N,)11-11-10)(cicanng, Wine Lot Line Adjustment Manufactured Home Parks Ncw N1))1(e home ,>01oi City (1,1«ve inn( ( ),ity -,l‘linor Subdivision Moving I:louse or Primary Structure into City loving Accessory Structure into City New Construction Plan Review Park Dedication (up to 3 lots) Parking Lots Ncw Commercial Existing Commercial Platting Ei wort:1u t1'(11) or 011) l'n-limmary lin (and 1),„(ve1()pment St:IgC1 Final 11111 (.11111.11in31 Plan( Plumbing New Rvi-odyntuti Addition ti,11y1arlennal Comm«,)(5,11 (Nov of .1,1,1U Private Roads qiii.trratic,.1«nly ii, 11; x,in Restrictive Soils and NVetland Restoration Protection and Preservation Pernik Right -of -Way Permits _ Annual lz..e,i4istr.itinti (1415.H5 Sok'. I., - Excavation (1415.11 S(11),I. I) ) Bach Additi, il all 11)(ca van, (1-1 TrcnYll l'er) (1)))1(ina), or ()pert cm) ) ( )vcr)11),))aalintaallation l'ee Nov Subdivis,,,ns (..-11tyritue (,, per 1),,, a. lava ( )Iasint(11,«-)1.(ya) ,Ht(),,,i I ).)..),), 2.) 1((-rmic l',Kremay,r) Pelay l',.-nalir 2010 Amended $60.00 $60.00 $60„00 I $60.00 2'io (PI -value of work I 2'!'. of value of work $50.00 $50.00 $500.00 $80.00 of value of work $135.00 $60.00 Minimum $160.00 or 1% of total job $1,050.00 $300.00 $120.00 $100.00 per year $200.00 per )ear $150.00 per year $1500.00 per year $750.00 per year $350.00 $100.00 per year $200,00 per year $25.00 per event $300.00 per year $310.00 $1,075.00 $60.00 $110.00 $520.00 $305.00 $500,00 $80.00 20 of value of work $135.00 $60.00 Minimum $160,00 or 10 o of total job $1,050.00 $300.00 $120.00 $100.00 ner year $200.00 per year $150.00 per year $1500.00 per Scar $750.00 per year $350.00 $100.00 per Year $200.00 per year $25.00 per event $300.00 per year $310.00 $1,075.00 $60.00 $110.00 $520.00 $305.00 Per 1997 UBC Per 1997 UBC (65% $3600.00 for each $3600,00 for each $160.00 $85.00 $1,220.00 $1,810.00 $1,220.00 $135.00 $60.00 Minimum $160.00 or P of total job $110.00 $800,00 $80.00 $230.00 $37.00 .55 per foot .55 per foot 65.00 per lot per unlit) $80.00 $80.00 15.00 per day $160.00 585.00 $1,220.00 $1,810.00 $1,220.00 $135,00 560,00 litiimum $160.00 or of total job $110.00 $800.00 $80,00 $230.00 $37,00 .55 per foot .35 per foot 65.00 per lot per utility $80.00 $80.00 15.00 per day Plus PA) of Value Miniumuni $100.00 Miniumum 5100,00 Plus 2500,00 Escrow Plini bond with iunount to be determined Otti- ii./reentontendation from Building Official Plus Uscrow to be determined by the City wirecommendation from Building Official Four or more lots per Section 400 Formula Plus 2.5"ii Adminiminice Fee Development Agreement 1500,00 CSCIONV Page 2 of 3 Appendix A 1 Des elopmnt eSen-ice, Building, Etc. Sewage Disposal On -Site Septic Systems N,. w .\11,ILIll1/11S k II' Rtp.til'S. Sewer Availability Charge (SAC) SCWCr Wetland Treatment [ it n Ikup i o L':NIStitig .S1'141.urn. Altunitu MINA:ran 201 Off -Site Nlaiattenance Fee Signs PCMIIII1C1111 Signs Temporary 'Signs Temporans Renewal !Site Plan Review (Chapter 520) Street Cleaning Erosion Control I ,.serow 1-'n.W\-S1.11y2, Surface Water Re;a,lcon.11 N‘,11-14-sidcntial Tennis Courts Vacations (Streets or Easements) Easements Streets :Variance Video Reproduction Water Resi.konal - t.,ki.inerlv Rare Plus Rate Per 1000 Gallons -15,000 Gallons .5,001 - 30,000 Gallons 30,001 - 50,000 Gallons 50,001 - 80,000 Gallons 80,001+G:dhotis Commercial - Quailed) Rate 0-15,000 Gallons 15,001 - 30,000 Gallons 30,001 - 50,000 Gallons 50,001 - 80,000 Gallons -i80,001+Gallons --- All Gmineenon Permits Nleiers, NIIU & Nleter Install:woo Seis \cc,,unts Disconnect- Service It.econneci SCIArIct. /II Bulk' Water from Hydrant Water AVailability Charge (WAC) F.Kisune ructurv:, o llluii ( V410;wt. No.; 1),-,-,1,rinon1 Wind Generator Wireless Communication Permit Zoning Amendment ( l'ext ur 11,1ap) 2010 2010 Amended $110.00 $110.00 $110.00 $110.00 $5,400.00 $5,400.00 5A 35 per 1,0110 Oho. 4 pur 1,14011 $85.00 $60.00 75,00 per unit per quarter $180.00 $75.00 $25.00 $980.00 $3,000.00 $40,00 per hour $40.00 $40.00 Per 1997 L1BC $515.00 $515.00 $750.00 $35.00 $25.00 Base $2.10 $2.80 $3.70 S4.90 $6.50 $25.00 Base $3.05 $3.20 $3,70 $4,90 $6.50 $140.00 $300.00 per quarter $80.00 $80.00 $15.00 per clay $66.11n for lost 5,111111 $61/.110 for inn 5,000 gulions „SII10,00 $3,0011.011 5S50.01.1 $5041011 $1,245.611 $85.00 S60.00 76,50 per unit per quarter S180.00 575.00 $25.00 $980,00 $3,000.00 $40.00 per hour $40.00 $40.00 Per 1997 1(BC $515.00 $515.00 $750,00 $35.00 $25.00 Base $2,14 $2,86 $3,77 $5.00 So„,53 $25.00 Base 53.11 $3.26 $3.77 $5.110 Escrow or Additional Charge inn SAC unit -2100.110 to Niel. Coonuil; ,i300.00 to Cu Portal to Portal from Ciro Hall, 'Minimum: 1 hour 101"0 of Contractor's Invoice to City Utility Rate Factor per codc Plus surcharge $500.00 Escrow $500.00 Escrow 50,01 $140.00 $300.00 6"'n per quarter $80.00 $80.00 $15,00 per clay 551,261,r 5,1100 aari,o11, S1,1.2.11 fia 5.01.10 $}4011„4lli $3,9n13110 $51t,00 $51/0,110 51,24500 Phu, 25110 or 8",„., whichever is greatur, if certified tf, County for el Mection with taxes Plus 3.26 per additional 100.10 Gals Plus 3.26 per 11100 Gals Sr $15.00 per labor hour $2000.00 Escrow $2000.00 Escrow Page 3 of 3 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 12/07/2010 CONSENT ITEM #: MOTION AGENDA ITEM: Amend City Council Meeting Calendar — Schedule Regular Meeting on December 14th and Cancel December 21st Meeting SUBMITTED BY: Mayor Johnston and City Staff THROUGH: Bruce A. Messelt, City Administrator Sharon Lumby, City Clerk REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to affirm as part of tonight's Consent Agenda December calendar adjustments for City Council Meetings to complete City business and accommodate the Holiday Season, No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City Council approves a Meeting Calendar in January of each year for Regular Meetings, Workshops and scheduled holidays, elections and special meetings/activities. Normal monthly Regular City Council meetings are held the first and third Tuesdays and Council Workshops are held the second and fourth Tuesdays (the latter only if needed). Any fifth Tuesday meetings are considered on an "as needed" basis. Additionally, past practice of the Lake Elmo City Council is to not hold a meeting on the fourth Tuesday of December to accommodate the Holiday Season and, if no business is required to be conducted prior to the end of December. STAFF REPORT: The third Tuesday would fall on December 21st of Christmas week and the fourth Tuesday would fall on December 28th of New Year's week. City staff has been able to schedule planned Agenda Items and normal end -of -year business to be conducted during the first two weeks of December, This includes normal disbursements and payroll, compliance with state -mandated official financial and other matters, and completion of other pressing City business. -- page 1 -- City Council Meeting Amend 2010 City Council Meeting Calendar December 7th, 2010 Consent Agenda Item # 8 RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that the City Council consider amending the official 2010 City Calendar to schedule a Regular Meeting on December 14th (to start at 7:00 PM) and cancel the currently -scheduled December 21st Regular Meeting. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to Amend the 2010 Meeting Calendar [ as determined at tonight's meeting]." ATTACHMENTS: None. SUGGESTED ORDER OF BUSINESS (if removed from he Consent Agenda): Questions from Council to Staff.... ........... ....... ......... ..... Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion.... .............. ......... . ...... . ..... ....... ........... Mayor Facilitates -- page 2 -- CITY OF LAKE ELMO A YOR & COINCOUNCILCOMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 12/07/2010 REGULAR ITEM #: 9 MOTION Resolution No. 2010-070 2011 Street and Water Quality Improvements — Public Improvement Hearing and Resolution No. 2010-070 Ordering Improvement and the Preparation of Plans and Specifications Ryan Stempski, Assistant City Engineer Bruce A Messelt, City Administrato Tom Bouthilet, Finance Director Jack Griffin, City Engineer Mike Bouthilet, Public Worlcs SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to hold the Public Improvement Hearing for the 2011 Street and Water Quality Improvements and, following this, affirmatively consider Resolution No. 2010-070, thereby ordering the improvement and the preparation of plans and specifications. Following the Public Improvement Hearing, the recommended motion to act on is as follows: SUGGESTED MOTION: "Move to adopt Resolution No. 2010-070, ordering the Improvement and the preparation of the Plans and Specifications, with replacement of new bituminous curb." STAFF REPORT: Pursuant to Minnesota Statutes, Sections 429.011 to 429.111, a Public Improvement Hearing has been noticed for December 7th, 2010, at 7:00 P.M. to consider making improvements to the following street segments: • 10th Street Court North (from 10th Street North to north end) • 11 th Street North (from west end to Laverne Avenue North) • 12th Street North (from west end to Leeward Avenue North) • Laverne Avenue North (from 10th Street North to 12111 Street North) • Layton Avenue North (from 10th Street North to 12th Street North) • Leeward Avenue North (from 10th Street North to 12th Street North) -- page 1 -- City Council Meeting 2011 Street and Water Quality Improvements - Public Hearing December 7th, 2010 Regular Agenda Item # 9 A Feasibility Report for these streets was completed and presented to the City Council at the November 17th, 2010, Council Meeting. The Report recommends a street reclamation improvement be completed for all the streets presented in the Report. Costs for replacement of the existing bituminous curb were provided in the Report and presented to the City Council for either new bituminous curb or new concrete curb. Council's direction was to proceed with new bituminous curb replacement, which will be presented as the recommended project at the Public Hearing. The detailed findings of the report will be presented at the meeting and an opportunity for public comment and input will be provided. Should the improvements be ordered, the project will be partially financed through special assessments. The Lake Elmo City Council adopted a new assessment policy at the November 16th, 2010, Council Meeting. The final assessments in the Report for replacement with new bituminous curb are accurate and consistent with the new assessment policy. For replacement with new bituminous curb, the Report outlines a proposed assessment of $3,900 for each benefiting property in David Nelson Estates (10th Street Court North) and S3,300 for each benefiting property in Tartan Meadows (111h Street, 12th Street, Laverne Avenue, Layton Avenue and Leeward Avenue). The attached notice was published in the official newspaper and individual notifications were sent to each address that potentially will be impacted by these improvements. A Feasibility Report has been completed and adopted by the City Council defining the scope of the proposed improvements together with the estimated project costs. This report is available for review at City Hall. ADDITIONAL INFORMATION: The report proposes a total of 8 ram gardens to be installed as part of this project. The estimated costs for these improvements are $38,200. A funding application has been prepared and submitted through the Valley Branch Watershed District Community Grant Program. Up to 50% of the water quality improvement costs are grant eligible. The remaining $19,100 would be funded through the City's storm water utility fund. Staff will continue to work with the Washington Conservation District to educate residents and to promote continued interest in the Rain Garden Program. LEGAL CONSIDERATIONS: Please note that, because this project was initiated by the City Council and not by a resident petition, the improvements must be ordered bv a 4/5th majority of the City Council. RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that, upon completion of the Public Hearing and due consideration of public comment, the City Council affirmatively consider adoption of Resolution No. 2010-070, Ordering the Improvement and the preparation of Plans and Specifications for the 2011 Street and Water Quality Improvements by undertaking the following motion: -- page 2 -- City Council Meeting 2011 Street and Water Quality Improvements - Public Hearing ' December 7th, 2010 Regular Agenda Item # 9 SUGGESTED "Move to adopt Resolution No. 2010-070, ordering the Improvement MOTION: and the preparation of the Plans and Specifications, with replacement of new bituminous curb." Alternatively, the City Council does have the authority to table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action, including not ordering a portion or all of the proposed improvements. If the Council elects to revise the proposed action, the appropriate motion of the Council following such discussion would be: "Move to adopt Resolution No. 2010-070, ordering the Improvement and the preparation of the Plans and Specifications, [as discussed and agreed upon at tonight's meeting]." ATTACHMENTS: 1. Resolution No. 2010-070 2. Notice of Public Hearing SUGGESTED ORDER OF BUSINESS: Introduction of Item ....,............ ............. . ...... .,...,......, City Administrator Report/Presentation of Item ................ ......,.......,....„..........., ......... City Engineer Questions from Council to Staff Mayor & City Council Opening and Conduct of Public Hearing .............. ............. Mayor Facilitates Closing of Public Hearing Mayor Facilitates Call for Motion ...................... ...... ............... .......... ,...... Mayor & City Council Discussion/Comments..... ........................................ Mayor Facilitates Action on Motion Mayor & City Council -- page 3 — CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-070 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2011 STREET AND WATER QUALITY IMPROVEMENTS WHEREAS, pursuant a resolution of the City Council adopted the 17th day qf November, 2010, the Council ordered a hearing on Improvement for the 2011 Street and Water Quality Improvements, and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 7th day of December, 2010, at which all persons desiring to be heard will be given the opportunity to be heard thereon, WHEREAS, the feasibility report states that the project is necessary, cost-effectzve, and feasible, NOW, THEREFORE, BE 1T RESOLVED, Such improvement is deemed necessaiy, cos Feasibility Report. -e e tive, and feasible as detailed in the 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 7th day of December, 2010, 3, TKDA is hereby designated as the engineer for this improvement. The engineer shall prepare Plans and Specifications for the making of such improvement, replacing the existing bituminous curb with new bituminous curb. 4. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of a tax exempt bond. Date: 2010 CITY OF LAKE ELMO By: Dean A. Johnston Mayor CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ATTEST: Bruce A. Messelt City Administrator A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2011 STREET AND WATER QUALITY IMPROVEMENTS CERTIFICATION hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on 7th day of December 2010, as shown by the minutes of said meeting in my possession. Sharon Lumby City Clerk (Seal) Resolution No, 2010-070 2 CITY OF LAKE ELMO NOTICE OF HEARING 2011 STREET AND WATER QUALITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, December 7, 2010, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The improvement of the city streets m the David Nelson Estates including 10th Street Court North (from 10th Street North to the North End), and Tartan Meadows Development including llth Street North (from Laverne Avenue North to the West End), 12th Street North (from the West End to Leeward Avenue North), Laverne Avenue North from loth Street North to 12th Street North), Layton Avenue North (from 10th Street North to 12th Street North), and Leeward Avenue North (from loth Street North to 12th Street North) will consist of reclaiming the existing road and providing a new bituminous surface in the current approximate location and grade. The area proposed to be assessed for these improvements include properties abutting the above referenced streets or properties that gain access to their property from the above referenced streets. The estimated total cost of the street improvements is $483,000, as approved by the Lake Elmo City Council. A reasonable estimate of the impact of the assessment to each property will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. DATED: November 16, 2010 BY ORDER OF THE LAKE ELMO CITY COUNCIL Dean Johnston, Mayor (Published in the Oakdale -Lake Elmo Review on November 24, 2010 and December 1, 2010 AYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION 12/07/2010 Public Hearing 10 Resolution No. 2010-067 AGENDA ITEM: Public Hearing — Delinquent Water and Sewer Utility Bills SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Financial Advisors Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to convene a Public Hearing on Delinquent Water and Sewer Utility Bills. Following receipt and considerations of public comment, the City council is requested to affirmatively consider approval of Resolution 2010-067, authorizing certification to the Washington County Auditor for unpaid Utility bills. The recommended motion to act on this is as follows: SUGGESTED "Move to approve Resolution 2010-067 authorizing certification to the MOTION: Washington County Auditor for unpaid utility bills." BACKGROUND INFORMATION: The City of Lake Elmo has the legal and fiduciary authority by, Minn. State Stat. § 444.075 subd. 3, and pursuant to enabling City Ordinance, to assess property owners for unpaid utility services. Affected homeowners with past due balances were sent notification of the proposed assessment. A Notice of Public Hearing for unpaid utilities was published in the Oakdale/Lake Elmo Review on November 17, 2010. STAFF REPORT: The City operates water and sewer activities as a public utility, similar to those offered by a private business or enterprise. As such, the City maintains separate financial records, called Enterprise Funds, to account for such City operations. Generally, these Public Utility services are provided to specific customers and the revenues typically accrue from the services provided or via pre -determined user fees (in the case of water and wastewater, volume -based user fees). Revenues derived are used to pay for the operations, maintenance and capital expenses emanating from the specific enterprise activities. page 1 -- City Council Meeting Delinquent Water & Sewer Utility Bills - Public Hearing December 7th, 2010 Regular Agenda Item # 10 FINANCIAL CONSIDERATIONS: Tonight's certification process is to facilitate assessment to property owners for unpaid Public Utility services in order to assure eventual collection. All delinquent accounts presented tonight have been reviewed for any errors or mistakes and represent only those customers who have clearly not paid for services and product provided. Failure of the City to assess for these services already provided is the public sector equivalent of writing off uncollected revenues, which must then be made up for by either higher water and wastewater fees for other public utility customers who do pay their bills, or all of the City's residents through higher property taxes. Even after proposed City Council action tonight, homeowners will still have until December 15th, 2010 to pay the balance without additional fees. Payment received after December 15th, 2010 will be subject to an eight percent interest charge on the balance due, or a fee of $25.00, whichever is greater. RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that, upon completion of the Public Hearing and due consideration of public comment, the City Council affirmatively consider adoption of Resolution 2010-067, authorizing certification to the Washington County Auditor for unpaid utility bills. The appropriate motion to do so is as follows: SUGGESTED "Move to approve Resolution 2010-067 authorizing certification to the MOTION: Washington County Auditor for unpaid utility bills." Alternatively, the City Council does have the authority to table this item for consideration on December 14th, but must take action then in order to complete the certification process with Washington County by December 15th, 2010. The Council may also further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to taking action, including removing some or all of the proposed assessments. If the Council elects to revise the proposed action, the appropriate motion of the Council following such discussion would be: "Move to approve Resolution 2010-067 authorizing certification to the Washington County Auditor for unpaid utilities bills fas amended at tonight's meeting]." ATTACHMENTS: 1. Resolution 2010-067 2, Exhibit A page 2 -- City Council Meeting Delinquent Water & Sewer Utility Bills - Public Hearing December 7th, 2010 Regular Agenda Item # 10 SUGGESTED ORDER OF BUSINESS: Introduction of Item Report/Presentation of Item ....................... ..... ....,.... ..... Questions from Council to Staff Opening and Conduct of Public Hearing City Administrator City Engineer Mayor & City Council Mayor Facilitates Closing of Public Hearing ........................ ............ ........ Call for Motion Discussion/Corrunents........... ........... . ...... . ..... ..... . Action on Motion ....... Mayor Facilitates Mayor & City Council ..... Mayor Facilitates Mayor & City Council -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010 — 067 A RESOLUTION AUTHORIZING CERTIFICATION TO WASHINGTON COUNTY AUDITOR FOR UNPAID UTILITY BILLS WHEREAS, Minn, Stat. 444,075, subd. 3, peiniits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1. The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made a part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, and one installment with interest as provided in Exhibit A. 3. The owner of the property may, at any time prior to certification to the County Auditor, pay the delinquent amount to the City Finance Director. 4. The Clerk shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County, Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED, by the Lake Elmo City Council on the 7th day of December, 2010, Dean A. Johnston, Mayor ATTEST: Bruce A. Messelt, City Administrator Cltv of Lake Elmo 2010 Assessment List Prelim as of 12.3.2010 Exhibit A Address ' Balance Fee 10941 32ND STREET N 630.78 50.46 3258 LAKE ELMO AVENUE N 245.17 ; 25.00 3263 LAKE ELMO AVENUE N ; 81.73 ; 25.00 2764 LEGION AVENUE N ; 521.97 . 41.76 11090 UPPER 33RD STREET N 217.60 25.00 10961 32ND STREET N 122.11 25.00 7990 50TH STREET N 1 225.00 ; 25.00 9393 JANE ROAD N 295,00 1 25.00 9395 JANE ROAD N. 295.00 . 25.00 2769 LISBON AVENUE COURT N 284,42 ; 25.00 8975 HIGHWAY 5 161.80 ; 25,00 _ 8997 HIGHWAY 5 146.71 25.00 9089 JAMACA COURT N 1 - 48117- 38.54 3351 JAMACA AVENUE N 2;58.18 ' 25.00 8914 37TH STREET N . 256.46 , 25.00 8928 36TH STREET BACK 206.34 . 25,00 4220 IVY COURT FRONT 1 127.95 ; 25.00 1 9340 STILLWATER BOULEVARD N 69.84 ; 25.00 3455 ISLE COURT N 156.01' 25,00 4758 LILY AVENUE N 462.36.99 i 4488 LILY AVENUE N .. 616.19 : 49.30 4442 LILY AVENUE N _ ... . ..... ... , 725.52 : 58.04 5091 MARQUESS TRAIL CIRCLE N 363,60 ; 29.09 ' 12038 MARQUESS LANE N 1,086.73 66.94 T2164 MARQUESS LANE N 271.46 25.00 ' 12276 MARQUESS WAY N 142.69 25,00 12404 MARQUESS WAY N 366.95 29.36 12432 MARQUESS WAY N _...... 93.63 : 25,00 12521 MARQUESS WAY N 400.31 1 32.02 12415 55TH STRETEN 182,15 25,00 . -2936 JONQUIL TRAIL N - - - ; ' 810,051T 64.80 5693 LINDEN AVENUE N 686.86 : 54.95 2965 LAKE ELMO AVENUE N 116.43 ' 25.00 ' 9260 31ST STREET N 234.77 25.00 9224 31ST STREET N 115.93' 21'10°0°' :, 9077 31ST STREET N 96.27 1 9240 31ST STREET N 115.93 ; 25.00 : 2994 JAMLETAVENUE N ........._. .. - 188.790-1 25.00 • 2809 JAMLEY AVENUE N 242.27 :I- 25.00 • 1 ...3 2742 IVY AVENUE N 01 25.00 • 8659 STILLWATER BOULEVARD N ; 125.96 - 25.00 8308 STILLWATER BOULEVARD N- 516.56 ' 41.32 3033 INWOOD AVENUE N . _ . .... 197.90 ' 25.00 21:19b INVVOUL) AVEN3E-N- -- • -- 254,58 • 25.00 2773 INWOOD AVENUE N 70.47 ' 25.00 258-0 IMPERIAL AVENUE N 287.06 ; 25.00 1 2621 INNSDALE AVENUE N 869.52 1 8 2659.6586 ; 685 27TH STREET N 320.96 1 _._.. 14,875.21 1 1,533.81 Total Due Property ID No. 681,24' 1402921440012 270.17 • I 3-0292-f 320084 106.73 1302921320040 563.73 ' 2402921210027 242.60 1302921320048 147.11 1402921440010 250.00 • 0502921440015 320.00 1 1002921240008 320.00 ; 1002921210016 309.42;1 • 2402921110012 186.80 1 1602921410018 171.71 1 1602921440011 520.31 1502921320022 283.18 ! "11610290320031 281.46 1 1602921140005 231.34 r 1602921140015 152.95 I 0902921440020 94.841; 1- 502921310002 181.01 ,I 1602921410012 499.38 1 1202921120017-- 665.49 1202921420024 783.56 1 • -120292-1420026 392,69 1 0602920320057 1,173.67 1 0602920320040 296.46 ' 0602920320067 167.69 0602920310024 396,31-1 0602920310016 118.63 r 0602920310014 432.33 T 0602920310035 207.15 1 0602920310051-- 874.851 2- 202921220026 741.81 0102921140011 141.43 2402921220011 259.77 r 1- 502921340002 140.93 1502921330029 123.27 1502921330015 140.93 1502921330018 267.27 152.33 150.96 557.88 222.90 279.58 95.47 312.06 939.08 346.64 16,409.02 1502921330039 2202921220014 2102921140002 2102921120004 2102r921210023 1602021430010 '- 2102-921120022 2102921120017- 2102921230007 2102921240006 .2102-921131101-34-- A YOR & COUNCIL commovicAppN. DATE: 12/07/2010 REGULAR Public Hearing ITEM #: 11 MOTION Resolution No. 2010-068A Resolution No. 2010-068B AGENDA ITEM: Public Hearing - 2011 Final Property Tax Levy & 2011 General Fund Budget SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator 0 Al REVIEWED BY: Joe Rigdon, KDV SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to convene a Public Hearing on the Proposed 2011 Property Tax Levy & 2011 General Fund Budget. Following receipt and consideration of public comment, the City council is requested to affirmatively consider approval of Resolution 2010-068A, adopting the 2011 final property tax levy, and Resolution 2010-068B, adopting the 2011 General Fund budget. The recommended motions to act on this are as follows: SUGGESTED "Move to approve Resolution 2010-068A, adopting the 2011 final property MOTIONS: tax levy" "Move to approve Resolution 2010-068B, adopting the 2011 General Fund budget" BACKGROUND INFORMATION: Under Minnesota law, the City is required to adopt and certify to the County its annual tax levy, this year by December 28th, 2010. In addition, the City adopts at the same time its annual Operating and Capital budgets, all of which become effective January 1st, 2011, While State statutory requirements to hold a truth in taxation public hearing have been repealed, the City is still required to hold an advertised meeting at which the public is allowed to speak and the annual budget and property tax levy are discussed. Tonight's public meeting was duly advertised on December 1st in the Oakdale/Lake Elmo Review and no public comments have been received, to date. Subsequent to the public meeting but no later than December 28th, the City must adopt a final property tax levy and final budget. The final property tax levy can not exceed the proposed levy -- page 1 -- City Council Meeting 2011 Final Property Tax Levy and 2011 General Fund Budget —Public Hearing December 7th, 2010 Regular Agenda Item # 11 certified to Washington County in September. Of note - the attached proposed Final 2011 Budget is a consolidated budget which includes all funds of the City. However only the General Fund is legally required to be adopted. STAFF REPORT: On September 7th, 2010, the City Council reviewed and approved the proposed Preliminary 2011 General Fund Budget. In addition, the City Council adopted the "2011 Proposed Levy Certification" for submission to the Washington County Auditor, shown below in Table 1. Total: General Fund Levy $2,409,867 2010 MVHC Ratified Unallotment Recovery 37,518 2011 MVHC Cut Recovery 37,518 2004 G.O. Capital Improvement Plan Bonds 140,000 2006 G.O. Equipment Certificates of Indebtedness 56,118 2009B G.O. Improvement Bonds 50,544 2010A G.O. Improvement Bonds 57,994 (Table 1 - 2011 Proposed Levy Certification) $2,789,559 The 2011 General Fund expenditures and transfers out are budgeted at $2,919,223, or a 2.5% increase from the 2010 General Fund budget. The 2011 General Fund budget is considered "balanced", with overall General Fund budgeted revenues also at $2,919,223, or a 2.5% increase. The overall 2011 property tax levy of $2,789,559 is 1.7% higher than the 2010 total levy of $2,743,346. The General Fund levy of $2,484,903 for 2011 (including market value homestead credit unallotment/cut recovery levies) is 2.9% higher than the 2010 General Fund levy of $2,415,630. While maintaining levels of government services, the City is proposing to increase the payable 2010 city tax rate by 6.6%, from 20.479% in 2010 to 21.826% in 2011. In other words, property owners with no change in market values from payable 2010 to payable 2011 should experience a 6.6% increase in the City portion of their overall property tax bill. In the event of a market value decrease or increase from payable 2010 to payable 2011, City property taxes would change proportionately. Per Washington County, the median value change of a homestead's property value in Lake Elmo is a decrease of 6.2% from 2010 to 2011; meaning the median value home in Lake Elmo will likely see little or no increase in the City's portion of their property tax bill. Table 2 on the following pave shows the anticipated impact on sample Lake Elmo residential properties. Revenue Notes: Other than the proposed modest levy increase, the City is again forecasting a conservative increase or no increase in other revenues, especially incl-uding local fees. This is reflective of the current state of the local and national economy. page 2 -- City Council Meeting 2011 Final Property Tax Levy and 2011 General Fund Budget - Public Hearing December 7th, 2010 Regular Agenda Item # 11 Expenditure Notes: The 2011 budget continues existing hiring freezes and makes permanent recent staffing and program reductions. On the operations side, the budget does include a 2% salary increase for employees, though it now appears this will almost all be consumed by higher health care costs. Other increases in operating expenditures are reflected in inflation and use of consumables, as well as street maintenance. Major capital spending increases reflect City Council priorities relating to street and parks improvements. 2010 CITY PROPERTY TAXES Market Tax Value Capacity 2010 2010 $100,000 $1,000 $300,000 $3,000 $500,000 $5,000 $700,000 $7,500 City Local Tax Capacity Rate Pay 2010 20.479% 20.479% 20,479% 20.479% City Property Taxes 2010 $205 $614 $1,024 $1,536 2011 CITY PROPERTY TAXES (WITH NO MARKET VALUE CHANGE) Market Value Tax 2011 Capacity NO CHANGE 2011 $100,000 $1,000 $300,000 $3,000 $500,000 $5,000 $700,000 $7,500 City Local Tax Capacity Rate Pay 2011 21,826% 21.826% 21.826% 21.826% City Property Property Taxes Taxes Increase 2011 (Decrease) $218 $13 $655 $40 $1,091 $67 $1,637 $101 2011 CITY PROPERTY TAXES (WITH 6.2% MARKET VALUE DECREASE) Market Value 2011 Tax DECREASE OF Capacity -6.2% 2011 $93,800 $938 $281,400 $2,814 $469,000 $4,690 $656,600 $6,958 City Local Tax Capacity Rate Pay 2011 21.826% 21.826% 21,826% 21.826% City Property Taxes 2011 $205 $614 $1,024 $1,519 Property Taxes Increase (Decrease) (Table 2 — Impact of Proposed 2011 Levy Increase) Percentage Tax Increase (Decrease) 6.6% 6.6% 6.6% 6.6% Percentage Tax Increase (Decrease) 0.0% 0.0% 0.0% -1.1 % RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that, upon completion of the Public Hearing and due consideration of public comment, the City Council affirmatively consider adoption of Resolution 2010-068A, adopting the 2011 final property tax levy, and Resolution 2010-068B, adopting the 2011 General Fund budget. The suggested motions to do so are as follows: -- page 3 -- City Council Meeting 2011 Final Property Tax Levy and 2011 General Fund Budget — Public Hearing December 7th, 2010 Regular Agenda Item # 11 •T SUGGESTED "Move to approve Resolution 2010-068A, adopting the 2011 final property MOTIONS: tax levy" "Move to approve Resolution 2010-068B, adopting the 2011 General Fund budget" Alternatively, the City Council does have the authority to table this item for consideration on December 14th, but must take action then in order to complete the certification process with Washington County by December 28th, 2010. The Council may also further discuss, deliberate and/or, if appropriate, amend the recommended levy and/or budget as deemed appropriate. If the Council elects to revise the proposed levy and/or budget, the appropriate motion of the Council following such would be: "Move to approve Resolution 2010-068A, adopting the 2011 final property tax levy [as amended]" And "Move to approve Resolution 2010-068B, adopting the 2011 General Fund budget /as amendedr ATTACHMENTS: 1. Resolution 2010-068A 2, Resolution 2010-068B 3. 2011 Budget SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... . .......... ....... .....,......., . ...... .. Report/Presentation of Item ..... . ..... ..... ................ ......... . . Questions from Council to Staff Opening and Conduct of Public Hearing ........................ Closing of Public Hearing ........,......... ..... ......... Call for Motion ...„ ........... ,.............„......, ....... „,...., ...... Discussion/Comments....... ........ ....... Action on Motion .............. ..... . ........... ...........,......, ...... ..... City Administrator ......... Finance Director Mayor & City Council ....... Mayor Facilitates ...... Mayor Facilitates Mayor & City Council ..... Mayor Facilitates Mayor & City Council — page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION NO. 2010-068A RESOLUTION ADOPTING 2011 FINAL PROPERTY TAX LEVY BE IT RESOLVED by the City Council of the City of Lake Elmo, County of Washington, Minnesota, that the following sums of money be levied for the current year, collectible in 2011, upon the taxable property in the City of Lake Elmo for the following purposes: General Fund Levy 2010 MVHC Unallotment Recovery 2011 MVHC Unallotment Recovery 2004 G.O Capital Improvement Plan Bond 2006 G.O Equipment Certificate of Indebtedness 2009BG.O. Improvement Improvement Bonds 2010AG.O. Improvement Improvement Bonds $ 2,409,867 $ 37,518 $ 37,518 $ 140,000 $ 56,118 $ 50,544 $ 57.994 Total Levy $ 2,789,559 ADOPTED, by the Lake Elmo City Council on the 7th day of December, 2010. Dean A. Johnston, Mayor ATTEST: Bruce A. Messelt, City Administrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-068B A RESOLUTION ADOPTING THE 2011 GENERAL FUND BUDGET WHEREAS, the City of Lake Elmo is required to adopt a formal budget for the general fund expenditures; WHEREAS, the City of Lake Elmo held a Budget & Tax meeting on December 7, 2010; WHEREAS, the Lake Elmo City Council closed the public meeting on the 2011 general fund budget on December 7, 2010 without need for continuation; BE IT RESOLVED the Lake Elmo City Council adopts the 2011 general fund budget in the amount of $2,919,223, ADOPTED, by the Lake Elmo City Council on the 7th day of December, 2010. Dean A. Johnston, Mayor ATTEST: Bruce A. Messelt, City Administrator LAKE ELMOMAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 12/07/2010 REGULAR ITEM #: 12 MOTION Resolution No. 2010-069 Proposed 2011-2015 Capital Improvement Plan (CIP) Tom Bouthilet, Finance Director Lake Elmo Planning Commission Lake Elmo Parks Commission Lake Elmo Maintenance Advisory Commission Bruce Messelt, City Administrato Joe Rigdon, KDV SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to affirmatively consider approval of Resolution 2010-069, adopting the 2011-2015 Capital Improvement Plan, The recommended motion to act on this is as follows: SUGGESTED «Move to approve Resolution 2010-069 adopting the 2011-2015 Capital MOTION: Improvement Plan" BACKGROUND INFORMATION: Attached for Council Consideration is the updated proposed 2011-2015 Capital Improvement Plan (CIP), first seen by the Mayor and City Council in November 2010. Minnesota State Statutes view the Capital Improvement Plan as an integral element of the Comprehensive Plan, which requires a Public Hearing by the City's Planning Commission and formal adoption by the City Council. Consistent with State Statutes a Notice of the November 22, 2010 Public Hearing by the Planning Commission was published In the City's official newspaper. No public comment was received at that time, although input from the Parks Commission and the Maintenance Advisory Commission was incorporated. No additional public comment has been received, to date, The Planning Commission unanimously recommended the Attached CIP for Council consideration. STAFF REPORT: The purpose of a Capital Improvement Program (CIP) is to provide a multi- year plan of major projects and related expenditures. It is intended to be used as a key strategic planning tool for identifying future infrastructure projects and their funding sources, as well as to -- page 1 -- City Council Meeting Proposed 2011-2015 Capital Improvement Plan December 7th, 2010 Regular Agenda Item # 12 prevent duplication of projects (i.e. street reconstruction project followed in a subsequent year by a water main project). The CIP is also used as a long term financial guide to indentify expenditures and related funding issues. Major projects planned for 2011 include: • Street Seal Coating • 2011 Street & Water Quality Improvements • City Facilities Improvement • The 1-94 to 30th Street Sewer Trunk Force Main • New City Well and Pump House #4 The total combined estimated cost of $5,636,000 for the CIP represents a planning total only. Final planning and funding for each project remains to be presented for Council consideration. Regular updates and adjustments to the CIP are presented to the Council throughout the fiscal year. Of note — The Parks Commission did remove a long -planned replacement of lighting at Lyons Park, due to a lack of timely information on the specificity on the necessity of the project. While City staff forwards without reclamma the Parks Commission's (and Planning Commission's) recommendation, it is anticipated that the Parks Commission will review this proposed 2011 project early in January to determine of the project warrants reconsideration. RECOMMENDATION: Based upon the above background information and staff report, it is respectfully recommended that the City Council affirmatively consider Resolution 2010-069, adopting the 2011-2015 Capital Improvement Plan. The suggested motion to undertake this is: SUGGESTED "Move to approve Resolution 2010-069 adopting the 2011-2015 Capital MOTION: Improvement Plan" Alternatively, the City Council does have the authority to table this item for consideration on December 14th, but should take action then in order to approve the CIP prior to the end of December 2010. The Council may also further discuss, deliberate and/or, if appropriate, amend the recommended CIP, as deemed appropriate. If the Council elects to revise the proposed CIP, the appropriate motion of the Council following such would be: "Move to approve Resolution 2010-069 adopting the 2011-201 amended at tonight's meeting]. Capital Improvement Plan, [as -- page 2 -- City Council Meeting 9ropnxnd20ll-20l5 Capital Improvement Plan December 7th, 2010 Regular Agenda Item # 12 }. Rmmolutinm20lO-86Q 2. Proposed 2011-2015 Capital Improvement Plan SUGGESTED ORDERK���0�KNESS.' ' ' Introduction of Item ............................................................... City Administrator Report/Presentation ................................................................... Finance Director Questions from toStaff -----...`......—FacilitatesPuh�o�pntif ate Mayor Facilitates Call for Motion ............................................................... Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates — page 3— CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-069 A RESOLUTION ADOPTING THE 2011-2015 CAPITAL IMPROVEMENT PLAN WHEREAS, Minnesota State Statutes view the Capital Improvement Plan as an element of the Comprehensive Plan ; WHEREAS, the City of Lake Elmo updates the Capital Improvement Plan annually; WHEREAS, the Planning Commission conducted a public hearing on November 22, 2010; BE IT RESOLVED THAT, the Lake Elmo City Council adopts the 2011-2015 Capital Improvement Plan; ADOPTED, by the Lake Elmo City Council on the 7th day of December, 2010. Dean A. Johnston, Mayor ATTEST: Bruce A. Messelt, City Administrator ‘‘A 1.1 -m000loccooss ,croom000. zzz 7,;11• 1zi azzzua,mV7., PM0,771'sgg8E 4.114"15'61 1N. N3333, 8 ggh 8 000 888 LS1,12a,=',1 M29.Nq Igg2 WM VMniifEnTML 2Agm.-4.„gi22/3 MigrgiiighaellT5 L 1;1:1 -,` .H22 1 MIL '44IAH 2 map.' .,,t1.,,-...... Ui.9UW,9 g 22PEEE12 E a Z =.0 000 S'g ..a 4w" 2 aa 85 22 eg g.vg n222211 MR14 AAMA84,4-,E22EEEttgflgg (.11(.71r 10vir.ir.uaL.w.pc... kv of Lake Elmo Capital Improvement Plan 2011 to 2015 Fund/Cetegary VIllgae14131 \Mane • Sewer 'Tillage - Sewer VElage - Sewer 'Mace -Sewer V5lage Sewer \Glade - Water Sage -Water Virade - Streets villatte- Streets Wage- Surface Water Total Village (413) ater (601) Water Water Water VVater Water Water Total Water (6011 2) Sewer Sewer (Sewer !Sewer !Sewer I Total Sewer (6021 ISurface Water [Surface Water I Total Surface Water (603) peso Replacement 17011 I Redo Replacement I Total lepdio Replacement 17011 Froiect !Deta( or Street FromfTo 2011 2012 2013 1-94 to 30th Street Trurk Forcemaln forcemain to 10th, Ors gravity 53.500,000 Ville Parkway Trunk (Phase 1) Village Parkway Trunk (Phase 2) Trunk Gravity tram Lrit Station to Lake Elmo Ave Trunk Gravyy from 30th to Railroad Village Parkway Trunk (Phase 1) Village Parkway Trunk (Phase 21 OLD VILLAGE STREET & STORM SOUTH OF RR TRACKS OW VILLAGE STREET & STORM NORTH OF RR TRACKS Old Village Storm Controls Well and Pimp/rouse #4 Keats gunk walermain extension Trunk Wah.rnain SW Area 1Nater Mahn Extension Elevated Stcrage Tank alA I Well # 5 (South of 10th Stveet) Sewer study south of 100 St Sewpokurnyerleper truck Trunk °versatile South of 10th St Trunk Granly from LS to Lake Elmo Ave Trunk Gravity from Nth St to fJP•Railroad !Rain Garden impr_oyements Village Regional Infiltrahon alien Tedmolorw (MI Replacement (f021 lAdrcinistradon !Administration !Finance !Building Inspection I TO011 IT Reolacement 17021 iarrilore Fromm. & Entiorromt IFFE1Reolacemerd 17031 I Fire 1-FiFirr.ee Total FFE Replacement 11031 otal Drty City Hall network Replacement eopipment Finance software upgrade Emu Permit Upgrade 2 sets turnout pear Turnout Gear (32 sets) SCBA's and connecting trunk watemmiri I eke Elmo Ave from aoth St To Hudson 214vd Public Improvements including Boos -ter C•ast TOD bv 2011 57287 $278.000 53.500.000 5278,300 51,370,000 $920.000 1 sea; 000 S25.000 $26.000 5278,000 5385,500 2014 0305.507 5663,500 035.5.500 4'200,000 335,000 535,000 535,000 335.000 535.000 535,000 I 232.005 4;6 (10 sz.auu $2.504) 419.000 36.0511 531.400 44,ouu 50 so eas,uo6 $0 F2.t_T2 47.2uu 471.666 : 51,560 5,000 $6.000 $5.000 215.000 512.500 512.500 2015 Funding Source State Greh0ennd01T130 Development Development S200.000 TBD 1162.000 TBD Development Development $3.800,1200 TBD $3.900.000 TBD $2.600.000 TBD $0 I $10.662,000 State Grant/Bands/TBD _State Grant/Bonds/MID $2275,000 ITEM $5•NP.999 21660,000 IELI $950,000 I TRU $0 910.535.000 0111 $35.000 4.33E00 so 0(567 S5,(10C/ $12_500 367,065 sob su so $60.000 56.123252 63.422.000 22.750.900 21400,000 Net A.eis 'Teo TBD 4200,900 BOncls/Net Assets 4162,000 Bonds/Net Asseta 3362,000 SU $0 $ 0 1 5100.005 _ _5100,000 50 52,828.500 534.720,000 Net ru,sSets fad tivst,dy Net Assets acCurnulated from General Fund annual transfers Net Assets accumulated Net Assets accumuisted Net Assets accintulated Net Assets emendated Net Assets accumulated Net. Assets accumulated !Net Assels eccumulatea from General Fund annual transfers tram General Fund annual transfers from Genera Fund annual transfers from General Fund annual transfers from General Fund annual transfers from General Fund annual transfers from General Funo annual transfers !city. cif Lake Elmo lCapppl Improvement Plan 2011 to 2015 Fund/Catedory Protect Detail or Street Frorrao 2011 2012 2011 ra_costino 2011 Detait 15th St Ct 15th St N. 151001.10, 15th St N. 1501 SL N. 15411 St. N. 165n St. N. 16th SL N. 21st St. N. 22nd Ct N. 22nd St N. Ivory Awe N. Ivory Avve N. Ivory Awe N. Ivory Ct N lvv Ave N. InrAVe N. Jewel Ave N. Jewel Ave 10, Julep Ave N. Julep Ave N. Julep Court N 15th St. N. to Culiide-sw Ivory Ave to lyy Ave N. CASH 13 to Ivory Ave N. Ivy Ave N. To 1501 St. Court N. 15th5t court to East End Parkview Estates to lyy Ave N. hey Ane N. To East End Ivory Ave N. To Cardinal Ridge Estates CASH 13 to Ivory Ave N. To 2206St. Court N. 21st Street to West 0u1-02-6ac 21s1 Street to 22nd St. Court 13th St N to [ZAN 13 (Imvwc4l Ave) hoiy Ct N. to 113th St N. 15th St N. To Ivory CourtN. Ivory Ave N. To Cut -de -sac 1E0h N tc North End 1561 St N. TO 163115L N. CASH 10 110th St N.). to Julep Ave N. Juiqc Ave N. To Cul-le-sac JuleE Court N. to Jewel Ave N. Jasirnine Ave N. To Julep Court N. Julep Ave N. To Cul-de-sac 2014 2015 Future Fundino Source 4 41.11,k1 NNNNIO8NE m zzz Fz a 2 zzzn1. uoZZA z c z . rrr ZzZZZ ZZ v2.21 io cob o 8E8 o fiz,n boo9blog 8288,228 a &-YNNNNW,n4NNNNNNN.TiNN afJaaaavvv-alaaaaaa$aa a 2? -1 LICA ,(44 eeeageeeeee*eeeeeeea,eeeee5*.eye, -uTTTK-umwm-mn-T-0-0-q-0ETTTT7o701,10,T.Tmow aaaamaaaaaaaoaaaaa,aa,aaoaaaaaa,amaaaa, EfEIV'EfEl'EEEE PLE E`E ›g!‘,?.° 14,“"2P-",S1 q44 P4t.'3444,=- 3,3 .•3- 04/mMNPPntiPMQP”k°01WMP,V 416U a"Hal 1H2222 2 aaaaaaa 2 22ria; 0, .-"colobbiobb ,1888388880 gAll' ggu- R RRE g 9 9g9E9g..E iggi 11iiiiii CITYOF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 12/07/2010 REGULAR ITEM #: 13 MOTION Resolution No. 2010-071 50th Street and Kimbro Avenue Street Improvements — Resolution Accepting the Report and Calling for a Public Improvement Hearing Ryan Stempski, Assistant City Engineer Bruce A. Messelt, City Administrator S A 01\ Tom Bouthilet, Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to accept the Feasibility Report for the 50th Street and Kimbro Avenue Street Improvements and pass Resolution No. 2010-071 Accepting the Report and Calling for a Public Improvement Hearing to be held on January 18, 2011. The recommended motion is as follows: SUGGESTED MOTION: "Move to adopt Resolution No. 2010-071 Accepting the Feasibility Report for the 50th Street and Kimbro Avenue Street Improvements and Calling for a Public Improvement Hearing to be held on January 18th, 2011." STAFF REPORT: The Feasibility Report has been completed for the 50th Street and Kimbro Avenue Street Improvements including 50th Street from Lake Elmo Avenue (CSAH 17) to Kimbro Avenue and Kimbro Avenue from 50th Street to 47th Street. The preparation of the Feasibility Report was authorized on September 21, 2010. This report investigated the feasibility and cost-effectiveness of improving this roadway segment from a gravel surface to a paved surface roadway. As a designated Municipal State Aid (MSA) route, two primary improvements were reviewed for consideration. One alternative investigated the minimum improvements necessary to provide a MSA design standard roadway that could be funded using the City's MSA street funds. The second alternative investigated a "minimum cost" improvement to upgrade the roadway surface from gravel to bituminous, however without necessarily meeting MSA design standards. Under this second alternative, MSA funds could not be used for the project. -- page 1 -- City Council Meeting December 7, 2010 50th Street and Kimbro Avenue Street Improvements — Resolution Accepting the Report and Calling for a Hearing Regular Agenda Item # 13 The report findings provide a recommended improvement according to the second alternative. The improvement would include a "shape and pave" construction project that preserves and utilizes the in -place gravel base and requires some additional aggregate gravel placement to assist in re-establishing the roadway crown and shape, and further strengthens select areas that were found to be deficient. A new 4-inch bituminous surface could then be placed in two lifts, resulting in a 7-ton roadway. A geotechnical investigation was conducted as part of this report to verify the in -place road base and the validity of this type of improvement. The shape and pave improvement would include a 24 foot wide bituminous surface with a one -foot gravel shoulder on each side, The paved surface would be marked for 11-foot driving lanes. In order to use MSA funds for the project, the state aid standards would require the existing roadway to be widened to accommodate a 32 foot wide bituminous surface with 4:1 in -slopes constructed along each side. The roadway widening would result in the need to acquire right-of- way and mitigate wetland impacts. Pavement markings for this scenario would result in two 11- foot drive lanes with 5 foot paved shoulders on each side. Aside from the ability to use MSA funds for this improvement, the final street section would provide a safer route for pedestrians and bicyclists, Estimated project costs are included in the Feasibility Report for each alternative. The shape and pave improvement is recommended in the report due to a significant cost savings, and when reviewing the projected 2030 traffic counts, the added costs do not necessarily warrant the investment. However, by not meeting MSA standards, the City would need to fund the improvement from the general levy. Improvements for 50th Street and Kimbro Avenue were initially scheduled to be completed using MSA funds in 2011. However, the draft version of the 2011 — 2015 Street CIP has tentatively rescheduled this project due to overall financial considerations. If this project is approved for 2011, the 2011 — 2015 CIP may need to be revised accordingly. One comment from a resident has been received and is attached for Council consideration. RECOMMENDATION: Based upon the above information, it is recommended that the City Council accept the Report and call for the Public Improvement Hearing to be held on January 18th, 2011. The recommended motion is to: SUGGESTED "Move to adopt Resolution No. 2010-071 Accepting the Feasibility MOTION: Report for the 50th Street and Kimbro Avenue Street Improvements and Calling for a Public Improvement Hearing to be held on January l8th, 2011." Alternatively, the City Council does have the authority to table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended resolution prior to -- page 2 -- City Council Meeting December 7, 2010 50°Street and Kimbro Avenue Street Improvements — Resolution Accepting the Report and Calling for a Hearing Regular Agenda Item # 13 taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to adopt Resolution No. 2010-071 Accepting the Feasibility Report for the 50111 Street and Kimbro Avenue Street Improvements and Calling for a Public Improvement Hearing to be held on January 18, 2011 [as amended and/or modified at tonight's meeting]." ATTACHMENTS: I. Resolution No. 2010-071 2. Notice of Public Hearing 3. 50th Street and Kimbro Avenue Street Improvements Feasibility Report 4. Email from Adjoining Property Owner SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation of Item City Engineer Questions from Council to Staff ...... . ..... .„........,..., ....... ......... Mayor Facilitates Call for Motion ................ ..... ....... ..... . ....... . ....... . ............. Mayor & City Council Discussion/Comments Mayor Facilitates Public Input, it Appropriate Mayor Facilitates Action on Motion ................. .......................... ................. Mayor & City Council -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-071 A RESOLUTION RECEIVING AND ACCEPTING THE FEASIBILITY REPORT FOR 50TH STREET AND KIMBRO AVENUE STREET IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENTS WHEREAS, pursuant to City Council authorization, a feasibility report has been prepared by TKDA to provide street improvements fir 50th Street (from Lake Elmo Avenue (CSAH 17) to Kimbro Avenue) and Kimbro Avenue (from 50th Street to 471h Street), WHEREAS, the feasibility report states that the project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED, . The City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all such portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429. 2. A public hearing shall be held on such proposed improvements on the 18th day of January, 2011, in the council chambers of the City Hall at or approximately after 7:00 P.M and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Date: ATTEST: Bruce A. Messelt City Administrator ,.2010 CITY OF LAKE ELMO By: Dean A. Johnston Mayor Resolution No. 2010-071 CERTIFICATION hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on 7th day of December 2010, as shown by the minutes of said meeting in my possession, Sharon Lumby City Clerk (Seal) Resolution No, 2010-071 2 CITY OF LAKE ELMO NOTICE OF HEARING 50th STREET AND KIMBRO AVENUE STREET IMPROVEMENTS Notice is hereby given that tbe City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, January 18, 2011, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The improvement of the city streets including 50th Street from Lake Elmo Avenue (CSAH 17) to Kimbro Avenue and Kimbro Avenue from 50th Street to 47th Street will consist of shaping the existing gravel surface, adding aggregate base as necessary, and providing a new bituminous surface in the current approximate location and grade. The area proposed to be assessed for these improvements include properties abutting the above referenced streets or properties that gain access to their property from the above referenced streets. The estimated total cost of the street improvements is $281,000, as approved by the Lake Elmo City Council. A reasonable estimate of the impact of the assessment to each property will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. DATED: December 7, 2010 BY ORDER OF THE LAKE ELMO CITY COUNCIL Dean Johnston, Mayor (Published in the Oalcdale-Lake Elmo Review on December 15, 2010 and December 29, 2010) Bruce Messelt From: Jackie Allan [kristenson@usfamily.net] Sent: Tuesday, November 30, 2010 8:48 PM To: Allan & Jackie; Dean Johnston; an m;uruoexxesnelt;uannen |nompoon;]m|ootooh@mnn.com Subject: 50th Street upgrade City council and city staff - We are writing this in regard to SQth street between Lake Elmo Av N and Kimbro Av. We understand this street is on the agenda for the Dec. 7 council meeting. We would like to see approval of o plan to -upgrade this street. We have been communicating with city staff and Mayor Johnston for some years now on the condition of 50th Street which appears to be the only high volume gravel street left in the . city, It has often been very rough with potholes and washboard. over the years maintenance of this street has been inconsistent. This year maintenance appeared to be better but this fall it went a month without grading and got very rough. The'volume and speed of traffic results in deterioration after only o week of use after grading. We appreciate the speed limit signs that were set up but of course those don't have much effect. If that grading is done in the vicinity of heavy rain it gets muddy due to the clay working through the greveI. The intersection of Kirkwood Av and 50th is very muddy with any kind of rain. It appears that the gravel that has been put on the street over the years hasn't been well suited to this purpose. After a rain it seems to be mostly sand. If the street hasn't been graded just before it freezes for the winter, like now, it may remain rough for most of the winter. Snow plowing results in grovel being removed from the road surface on days when the snow is wet and melting (Kirkwood Av seems to be about to drop below the level of the ditches in some places due to this). We have observed many times that the worst stretch of road on almost any trip is the last three quarter mile leading to our house. Our visitors complain about driving on the rough road and avoid it when possible. It is difficult to ride bikes or even walk on this surface when it's really bad. We sometimes have to drive less than 20 mph with trailers when it is rough because it shakes the load so badly. Our vehicles are dusty much of the time with the high volume of traffic on this street (a dust suppressant was used one year and it helped a lnt). We have lived in our home for 29 years and owned the 'land for 32 years. City staff have assured us several times that it would be upgraded in 3-5 years. We understand that this street has been scheduled for an upgrade several times in the past but then pass:ed over in favor of some other pro'ect. We don't know why this should be since we think we are entitled to city services as much as other neighborhoods are. So, our hope is that the council will consider some kind of meaningful improvement -- better surface material, more frequent maintenance, dust suppression, etc. Thank you for your consideration of this request. Allan and Jackie Kristenson CITY OF. " LAKE ELMO A YOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION 12/07/2010 14 Resolution No. 2010-073 Ordinance No. 08-034 AGENDA I l'EM: Consider Adoption of Special Event Permit Ordinance SUBMITTED BY: Kyle Klatt, Planning Director THROUGH: Bruce Messelt, City Administrator (0.1\ REVIEWED BY: David Synder, City Attorney Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to review and, if appropriate, affirmatively consider a new ordinance to regulate special events within the City of Lake Elmo. A Special Event Permit is intended to provide some regulation of temporary events on a case -by -case basis, is intended to promote the orderly, compatible, and safe use of property for temporary special events, and is designed to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods. Should the City Council wish to go further than a review at tonight's meeting, the recommended motions to act approve the proposed Ordinance are as follows: SUGGESTED "Move to adopt Ordinance No. 08-034 adding provisions to the Lake MOTIONS: Elmo City Code to regulate special events within the City of Lake Elmo" "Move to adopt Resolution No. 2010-073 authorizing summary publication of Ordinance 08-034" BACKGROUND INFORMATION: This ordinance was first brought forward as a follow-up to several requests for events within the City of Lake Elmo that would normally not be allowed under the City's zoning regulations. The most significant of these events was a Rowing Regatta on Lake Elmo that was ultimately permitted in the absence of any formal regulations concerning such events (and also due to the fact that the event took place on a public water body and within the regional park preserve), -- page 1 -- City Council Meeting Consider Adoption of Special Event Permit Ordinance December 7th, 2010 Regular Agenda Item # 14 Staff has over the past several years also received requests for a "pet carnival" and other such events, as well as promotions by local businesses. This ordinance is very similar to a document that was reviewed by the Planning Commission more than a year ago, but never further refined or adopted by the City. One of the more significant changes to the proposed ordinance since the version previously reviewed by Planning Commission has been the addition of a new category of special events for Agricultural Sales Businesses. Specifically, the Ordinance now includes a provision that would allow an Agricultural Sales Business that is conducted for a period of three months or less to be permitted by a Special Event Permit. The ordinance would allow such a permit to be issued for two consecutive years; otherwise, any agricultural sales businesses operating for a longer term would need to obtain an Interim Use Permit in accordance with recent amendments to the City Code. The Agricultural Sales provision is a direct result of recent discussions and action by the Planning Commission and City Council regarding agricultural businesses. The proposed ordinance would provide an alternate to a full interim use permit in cases where a grower or importer would like to sell agricultural products for a limited time. As an example of how this permit would be applied is a situation in which a grower needs to supplement the sales of their produce grown on -site, due to the loss of a crop due to bad weather or other unforeseen circumstances, The proposed ordinance does include several exemptions for events sponsored by a public entity, events that take place in an athletic field, family gatherings, and other such activities. ADDITIONAL INFORMATION: The model used for the draft ordinance was taken from the City of North St. Paul. This ordinance was chosen as it was fairly broad in terms of its coverage, while some other examples staff researched were very specific to certain types of events. This broad and simple ordinance will be easier to administer, as Lake Elmo currently has just a few events to which the permit may pertain. City History - In 2006 the Council approved an ordinance allowing Commercial Social Outdoor Events as a conditional use in the agricultural zoning district, which it then repealed in April of 2007. A Special Event Peiniit is different than the Commercial Social Outdoor Events in the following ways: 1) A Special Event Permit would be required and reviewed for each event and would not guarantee a future permit would be received by the applicant or property owner. A Commercial Social Outdoor event was established as a Conditional Use Permit (CUP) and would have run with the property in perpetuity. 2) The City Council would have the discretion to deny a Special Event Permit. If a CUP was received and the conditions of a Commercial Social Outdoor Event were being met, the City would have a difficult time revoking the permit, -- page 2 -- City Council Meeting Consider Adoption of Special Event Permit Ordinance December 7th, 2010 Regular Agenda Item # 14 3) A Special Event Permit would not necessarily be based on a zoning district. A CUP for a Commercial Social Outdoor Event was allowed only in the Agricultural zoning district. 4) Special Event Permit could be intended to regulate temporary, outdoor privately - sponsored events open to the general public, held on public or privately -owned property, and impacting city facilities or services. The draft ordinance provided identifies specific gathering types that would not require a permit, such as a wedding. The only application received by the City to implement the Commercial Social Outdoor Event ordinance was to hold weddings on a property in the city. Should the City Council adopt the propose ordinance as prepared by the Planning Con-unission, the Council will need to determine the fees for this type of permit. Because the 2011 Fee Schedule will be considered by the Council at its next meeting, Staff is recommending that the fees for Special Events be addressed with other fees at the Council's subsequent meeting. Part of the justification for requiring a Special Event Permit for certain events is to help ensure that any potential public costs associated with the event are properly addressed. As noted in the attached ordinance, the City may charge for any required clean-up from the event, and provisions are included that require the applicant to provide adequate police, fire, and sanitary services during the duration of the event. PLANNING COMMISSION REPORT: The Planning Commission conducted a public hearing regarding the proposed Special Event Permit Ordinance at its November 8, 2010 meeting. No public comments were received at the meeting; however, the Commission tabled taking action on the Ordinance and requested that Staff review the Ordinance with the City Attorney before making its recommendation to the City Council. Staff reviewed the proposed ordinance with the City Attorney and City Administrator in order to provide some clarity concerning the intent of the ordinance, and based on these discussions, suggested that the following modifications be made to the ordinance: That special events that last less than three consecutive days be permitted through an administrative review process rather than requiring action by the City Council. That a special event permit be required for non-profit organizations in addition to other property owners. The intent of the proposed ordinance is to ensure that larger events do not create any problems that may negatively impact the public or result in costs that must be born by the City. Whether an event is sponsored by a private business or non-profit entity, requiring a special event permit can help the City reduce the potential for any unforeseen costs or impacts. The Attorney has offered an opinion that private clubs should not be regulated differently than a for -profit business. -- page 3 -- City Council Meeting Consider Adoption of Special Event Permit Ordinance December 7th, 2010 Regular Agenda Item # 14 That the provisions related to exceptions specifically state that only activities that have been previously authorized by the City are exempt from the ordinance, and that if expanded or enlarged, these events would need to secure a permit. The Commission considered these changes, and ultimately recoirunended further modifications to allow the City Administer to approve all Special Event Permits, with a provision that allows the Administrator to refer permits to the Council as necessary. Staff has further clarified the review requirements in the draft ordinance so that all denials must be made by the City Council. The City Attorney has noted that the City could try to define a threshold for small events based on experience, such as by reference to an event that is known to bring in less than 30 people but does not implicate public infrastructure, traffic, etc. In looking back at previous events that were conducted in the City that would be considered a special event under the proposed ordinance, Staff has been unable to identify any specific type of activity that would seem to have met this threshold. The Attorney has also suggested that the Planning Commission and City Council may want to consider special events that have occurred in the past to determine if they can be used as a guide concerning any problems that arose and how these issues may have been addressed. Some typical problems include traffic back-ups, informal road closures, late night noise, minor trespassing, insufficient restrooms, and other similar occurrences. Staff has made other minor revisions to the ordinance based on comments from the Planning Commissions, and all changes and revisions recommended by the Planning Commission are included in the attached ordinance. The Planning Commission unanimously recommended approval of the Special Event Ordinance at its November 22, 2010 meeting. RECOMMENDATION: Based upon the above background infonnation and Staff report, the Planning Conunission and Staff recommend that the City Council review the proposed Ordinance at tonight's meeting. If appropriate, the Council may also consider adoption of the proposed Special Event Permit Ordinance, which has been drafted to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods. Should the City Council wish to go further than a review at tonight's meeting, the recommended motions to act approve the proposed Ordinance are as follows: SUGGESTED "Move to adopt Ordinance No. 08-034 adding provisions to the Lake MOTIONS: Elmo City Code to regulate special events within the City of Lake Elmo" — page 4 -- City Council Meeting Consider Adoption of Special Event Permit Ordinance December 7th, 2010 Regular Agenda Item # 14 "Move to adopt Resolution No. 2010-073 authorizing summary publication of Ordinance 08-034" Alternatively, as this is a City -initiated action, the City Council may make changes to the document as drafted by the Planning Commission or may table taking action of the request to solicit additional feedback from the community and staff. The Council may also choose to not adopt the proposed ordinance, if it finds that Special Events should not be regulated within the City of Lake Elmo. Should any changes be made during tonight's review, the recommended revised motions for consideration would be: "Move to adopt Ordinance No. 08-034 adding provisions to the Lake Elmo City Code to regulate special events within the City of Lake Elmo [as amended at tonight's meeting]." "Move to adopt Resolution No. 2010-073 authorizing summary publication of Ordinance 08- 034 fas amended at tonight's meeting]." ATTACHMENTS 1. Ordinance 2008-034 — Special Event Permits 2. Resolution 2010-073 (Authorizing summary publication SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation......„................ .................. . ........... ..... ....Planning Director Questions from Council to Staff .................. ..... Mayor Facilitates Public Input, if Appropriate ....... ..... ..... . ............... .......,....... Mayor Facilitates Call for Motion .................. ,......„.......... ................... ....... Mayor & City Council Discussion ...... . ..... ,............. ................ ............,....... ........ Mayor Facilitates Action on Motion Mayor & City Council -- page 5 -- CITY OF LAKE ELMO RESOLUTION NO. 2010-073 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-034 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No, 08-034, an ordinance to regulate Special Events within the City of Lake Elmo to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, public safety services, and peace and tranquility of residential neighborhoods; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Administrator shall cause the following summary of Ordinance No, 08-034 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 08-034. The ordinance arnends Title XI of the City Code, Business Regulations, and adds a new section concerning Special Events to Chapter 110 — General Licensing Provisions. Any activity defined as a Special Event will need to secure a Special Event Permit from the City in accordance with the ordinance. The Ordinance defines a Special Event as either: 1) any temporary, privately -sponsored event, typically conducted outdoors, open to the general public and held on public or privately owned property, where such event would not otherwise be permitted under the City's zoning regulations, or 2) an Agricultural Sales Business as defined in Section 11.01 that is conducted for less than three months in any calendar year. Other provisions in the Ordinance include a list of exceptions, permit requirements, application procedures, process for granting a permit, and enforcement and penalties. The full text of Ordinance No.08-034 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean A. Johnston BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: , 2010. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Ordinance 08-034 City Council Draft; 12/7/10 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-034 AN ORDINANCE ADDING TO THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING TO CHAPTER 110 OF THE BUSINESS REGULATIONS: BUSINESS REGULATIONS TO PROMOTE THE ORDERLY, COMPATIBLE AND SAFE USE OF PROPERTY FOR TEMPORARY SPECIAL EVENTS AND TO ASSURE ADEQUATE PROVISION OF PARKING, TRAFFIC, SANITARY FACILITIES, UTILITIES, PEACE AND TRANQUILITY OF RESIDENTIAL NEIGHBORHOODS AND SAFETY SERVICES SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 110 — General Licensing Provisions, by adding the following language: § 110.070 SPECIAL EVENT PERMITS. (A) Purpose and intent. The purpose of this Chapter is to promote the orderly, compatible and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, peace and tranquility of residential neighborhoods and safety services. (B) A Special Event shall include the following: (1) Any temporary, privately -sponsored event, typically conducted outdoors, open to the general public and held on public or privately owned property, where such event would not otherwise be permitted under the City's zoning regulations. (2) An Agricultural Sales Business as defined in Section 11.01 that is conducted for less than three (3) months in any calendar year. A Special Event Permit for an Agricultural Sales Business may be issued once per year and for no more than two consecutive years. (C) Exceptions: "Special Event" shall not apply to the following: (1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to Minn. Stats, Chapter 38. (2) Special events or activities permitted or peiinitted by other State laws or regulations of the City of Lake Elmo, including publicly -sponsored activities in the local park system and any other lawfully established event for which the City Council has expressly Ordinance 08-034 City Council Draft; 12/7/10, granted approval prior to adoption of this ordinance, unless said event is expanded or enlarged, in which case a Special Event Permit will be required. (3) Family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings, etc. (4) Garage sales (5) National Night -Out or Night -to -Unite established through the City of Lake Elmo. (D) Permit Required (1) No person on or after the effective date of this Chapter shall conduct or allow to be conducted any special event as defined in this ordinance without first obtaining a Special Event Permit. (E) Requirements for Issuance of a Permit (1) The following standards shall apply to all special events: (a) Maximum Number of People. The permitee shall not sell tickets to nor permit attendance at the permit location of more than the maximum number of people stated in the special event permit. (b) Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, amplifiers, musical instruments and other recording and playback devices, shall not be operated on the premises of the special event so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of the citizens of Lake Elmo. (c) Sanitary Facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of persons expected to attend the event. (d) Security. The permitee shall employ at his/her own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless Washington County Sheriff's Department is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event. (e) Food Service. The operator of the special event shall be responsible for securing any permits, if necessary, from the Washington County Health Department for any food services that are made available on the premises. 2 Ordinance 08-034 Cify Council Draft; 12/7/10 (f) Fire Protection. The permitee shall, at his/her own expense, take adequate steps to insure fire protection as determined by the City of Lake Elmo Fire Chief. (g) Duration of Special Event. The permitee shall operate the special event only on those days and during the hours specified on the permit. (h) Cleanup Plan. The special event applicant is responsible for clean up of the site upon completion of the special event, and shall specify the amount of time anticipated to restore the site to its pre -event condition as part of an application. Any clean up or restoration work required by the City may be charged to the applicant. Any City service that requires overtime will be at the expense of the applicant. (i) Waiver. The City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may grant a waiver from the requirements of this Chapter in any particular case where the applicant can show that strict compliance with this Chapter would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the requirement of this Chapter unnecessary. Such waiver must be granted without detriment to the public health, safety or welfare and without impairing the intent and purpose of these regulations. (i) Insurance. Before the issuance of a permit, the permitee shall obtain public liability insurance and property damage insurance with limits determined by the City Administrator if reasonably determined necessary. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorsement to the effect that the insurance company will notify the City Clerk in writing at least ten (10) days before the expiration or cancellation of said insurance. (k) Miscellaneous. Prior to the issuance of a pen -nit, the City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendant or of the citizens of the City of Lake Elmo including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise. (2) In addition to the requirements listed above, the following shall also apply to a Special Event Permit for an Agricultural Sales Business: (a) All performance standards as specified in Section 154.110 for Agricultural Sales Businesses. The City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may exempt the applicant from any of these standards that are deemed unnecessary given the nature or duration of the event. (F) Application Procedures. (1) A written application for a Special Event Permit shall be filed on forms provided by the City with the City Administrator not less than thirty (30) days before the date proposed for holding the special event. The written application shall be signed by the person, persons, or Ordinance 08-034 City Council Draft: 12/7/10, parties conducting the event and the property owner, if different, and shall be accompanied by the fee payable hereunder. Upon submission of an application for a Special Event Permit, City staff will review the request and advise the applicant of the need for additional information, if any. (G) Fees (1) The fee for a Special Event Permit shall be as established by the City Council. (H) Granting a Permit (1) Administrative Review and Approval. The City Administrator, or his/her designee, shall review and determine whether or not a request for a special event and/or street closing is acceptable. The City Administrator shall have the authority to issue Special Event Permits for those events that meet the criteria of this Ordinance. In the event the City Administrator determines the activity does not meet these criteria, such applications shall be referred to the City Council for consideration. (2) City Council Review and Approval. The City Administrator shall refer any application for a Special Event Permit that may adversely affect the safety, health and welfare of the citizens of Lake Elmo due to the size, location, or potential impacts of the event to the City Council for final action. (J) Denial of Permit (1) The City Council shall have the right to deny the permit if, in the judgment of the City Council, the granting of a permit would adversely affect the safety, health and welfare of the citizens of Lake Elmo or if other criteria herein are not met. The applicant shall be notified of such denial and may appear before the City Council to appeal such denial. (K) Transferability (1) No permit granted under this Chapter shall be transferred to any other person or place without consent of the City Council, upon written application made therefore. (L) Enforcement and Penalties (1) The City Administrator and other such officers, employees, or agents as the City Council or City Administrator may designate, shall enforce the provisions of this Chapter in accordance with Section 10.99 of the City Code. (2) The holding of a special event in violation of any provision of this Chapter shall be deemed a public nuisance and may be abated as such. (3) Any person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 4 Ordinance 08-034 City Council Draft; 12/7/10 (M) Revocation of Permit (1) The permit for a special event may be revoked by the City Council at any time if any of the conditions necessary for the issuing of or contained in the permit are not complied with or if any of the provisions of this Chapter are violated. SECTION 2. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date This Ordinance No, 08-034 was adopted on this 7th day of December 2010, by a vote of Ayes and Nays. Mayor Dean A. Johnston ATTEST: Bruce Messelt City Administrator This Ordinance No 08-034 was published on the day of , 2010. 5 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM #: MOTION Response to Petition for Detachment Kyle Klatt, Planning Director Bruce Messelt, City Administrato David Synder, City Attorney Kelli Matzek, City Planner 12/07/2010 15 Resolution No. 2010-072 SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to affirmatively consider and adopt a resolution in response to a Petition for Detachment that has been submitted to the State of Minnesota Office of Administrative Hearings/Municipal Boundary Adjustments. The property included in the petition is located in the extreme northeastern portion of the City, north and west of 55th Street North. The City is not required to respond at this point in time. However, it will be beneficial for the City to clarify its position regarding this request early in the process. The recommended motion to act on this is as follows: SUGGESTED MOTION: "Move to adopt Resolution No. 2010-072 stating the City of Lake Elmo's opposition to a Petition to detach certain properties from the City of Lake Elmo and make them a part of Stillwater Township" BACKGROUND INFORMATION: The City received notification from the Office of Administrative Hearings/Municipal Boundary Adjustments (OAHMBA) on November 15, 2010 that property owners Bernard and Loella Nass and Robert Buberl had submitted a Petition for Detachment of their properties from the City of Lake Elmo and to make them a part of Stillwater Township. The properties included in the request are located north and east of 55" Street North, South of Highway 36, and immediately west of the City's boundary with the City of Oak Park Heights. These parcels are highlighted on the attached map, which also includes the City/Township boundaries in this area. In accordance with Minnesota State Statutes, a hearing concerning the detachment petition is required in front of an administrative law judge, unless the Office of Municipal Boundary Adjustments receives a resolution of support from the City of Lake Elmo by December 7, 2010. In the absence of such a resolution, a hearing will be scheduled and a judge will review the request for detachment. Since the City was not made aware of the petition in advance of its -- page 1 -- City Council Meeting Response to Petition for Detachment December 7th, 2010 Regular Agenda Item # 15 submission to the Municipal Boundary Adjustments office, this request has not previously been reviewed by the City of Lake Elmo. At this point the City can simply provide no response regarding the petition, in which case a hearing will be scheduled due to the absence of a resolution of support from Lake Elmo, Staff is recommending that the City Council consider adopting a resolution; however, that would state the City's position as being opposed to the detachment request in order to clarify the City's official response early in this process. STAFF REPORT: As noted above, the City of Lake Elmo has been approached by the petitioners to discuss the detachment petition. Staff is currently researching the history of these parcels, but at this, but would like to note the following as a quick synopsis: The subject properties were annexed into the City of Lake Elmo from Baytown Township in the mid 1990's with land that would become Carriage Station (this annexation included a portion of the open space in Fields of St. Croix as well). The City Council received an application for a Comprehensive Plan Amendment from the petitioners and an additional property owner in April of 2002 to change the future land use designation of this area from RAD — Rural Agricultural Density to C — Commercial. The Council adopted a resolution on May 7, 2002 denying the proposed Comprehensive Plan Amendment. The City rejected a request to meet with the City of Oak Park Heights to discuss an annexation request from three Lake Elmo property owners in this same area in 2006. The specific motion adopted by the Council on September 19th of this year reads as follows: "[Motion] to direct Staff to write a letter to the Oak Park Heights Council stating that the Lake Elmo City Council is not interested in a meeting with the Oak Park Heights City Council on the detachment annexation matter and that the Lake Elmo Council desires to keep Lake Elmo intact with no land detachments to adjoining coinrnunities". The subject properties are currently zoned A — Agriculture and are guided for RAD — Rural Agricultural Density in accordance with the City's Comprehensive Plan. The site, as a whole, is eligible to be developed as an OP — Open Space Preservation Development since it exceeds 40 acres in size. Current use of the petitioners' property includes a fann/residence, vacant/agricultural land, and property that is used as part of a commercial recycling/composting operation that is located in Oak Park Heights. The area immediately surrounding the subject properties is somewhat unique because it is located close to the boundaries of five different local government entities. In reviewing the land use plans for these entities, Staff would like to note the following observations: -- page 2 -- City Council Meeting Response to Petition for Detachment December 7th, 2010 Regular Agenda Item # 15 The City of Oak Park Heights does identify this area as a "possible annexation area", but specifically notes elsewhere in its plan that "extra -territorial growth will only occur at the request of the property owner and agreement by the adjoining jurisdiction". The City of Stillwater and Stillwater Township have adopted an orderly annexation agreement, and all portions of Stillwater Township that are presently adjacent to the City of Lake Elmo will be annexed by the City of Stillwater in the future. The only portion of Stillwater Township that is adjacent to the petitioners' property is surrounded by the City of Stillwater and is presently isolated from the rest of the township. Based on the City of Lake Elmo's lack of participation to date in any discussions with the property owner or any of the surrounding cities/township regarding the proposed detachment, Staff is recommending that the City Council adopt a resolution stating its objections to the proposed detachment or real property from Lake Elmo. At this early point in the proceedings, Staff also recommends that the resolution include language noting that the a portion of the property is currently used as part of a commercial composting and recycling operation, the property is separated by a major geographic boundary from Stillwater Township, and that the request for detachment does not appear to meet the requirements in State Statutes for detachment. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council discuss and, if appropriate and so inclined, state its objections to the proposed detachment of real property from Lake Elmo by undertaking the following motion: SUGGESTED "Move to adopt Resolution No. 2010-072 stating the City of Lake Elmo's MOTION: opposition to a Petition to detach certain properties from the City of Lake Elmo and make them a part of Stillwater Township" Alternatively, the City Council may table and action on this item at this time or even consider supporting the request for detachment — which should be followed by discussion tonight with staff to prepare and develop findings of fact to support such action in time for the December 7th deadline. If inclined to support detachment, the following motion would be in order: "Move to adopt Resolution No. 2010-072A stating the City of Lake Elmo's support for a Petition to detach certain properties from the City of Lake Elmo and make them a part of Stillwater Township" The City Council may also further deliberate and amend the proposed Resolution of opposition. If undertaken, the amended motion would be as follows: "Move to adopt Resolution No. 2010-072 stating the City of Lake Elmo's objection to a Petition to detach certain properties from the City of Lake Elmo and make them a part of Stillwater Township [as amended at tonight's meeting]." -- page 3 -- City Council Meeting Response to Petition for Detachment December 7th, 2010 Regular Agenda Item # 15 ATTACHMENTS 1. Resolution No. 2010-072 2. Notice of Petition for Detachment 3. Map of Detachment Parcels (prepared by Lake Elmo Planning Dept.) 4. Detachment Petition with supporting documentation SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... . ..... ...... ....... ..... ...... City Administrator Planning Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council Discussion ................... ............. .......... ...... ......,.......... ..... Mayor Facilitates Action on Motion Mayor & City Council page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-072 A RESOLUTION OBJECTING TO THE PROPOSED DETACHMENT OF REAL PROPERTY FROM THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City of Lake Elmo has been presented with a petition for detachment of the land identified in Exhibit A hereto; and WHEREAS, the City of Lake Elmo has never previously been approached by the petitioners concerning the real property in question; and WHEREAS, the property is currently partially developed for commercial purposes and used for such purposes, specifically part of the property is used for materials recycling and composting; and WHEREAS, the property is bordered on its north by a major geographic boundary between it and the municipality it purports to request detachment to (Stillwater Township) because the property is bordered on its north by Highway 36; and WHEREAS, the request for detachment would be disruptive and does not remotely satisfy the requirements contained in the statutes governing detachment or the cases applying those statutes; and WHEREAS, there are numerous other factors which clearly establish that detachment is not reasonable, appropriate or necessary in this case. NOW, THEREFORE, be it resolved by the City Council of the City of Lake Elmo, Minnesota as follows: That the City of Lake Elmo objects to and opposes the detachment demanded in the petition of Bernard and Loella Nass and Robert Buberl attached hereto. Passed and duly adopted this 7 day of December, 2010 by the City Council of the City of Lake Elmo, Minnesota. Dean A. Johnston, Mayor ATTEST: Bruce Messelt, City Administrator MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 600 North Robert Street Saint Paul, Minnesota 55101. Mailing Addresal P.O, Sox 64620 St. Paul, Minnesota 55164-0620 November 16, 2010 Sharon Lumby Lake Elmo City Clerk Lake Elmo City Hall 3800 Laverne Avenue, North Lake Elmo, MN 55042-9629 (VIA E-MAIL) Re: D-478 Lake Elmo/Stillwater Township (Nass/Buberl Properties; 50.74 acres Dear Ms. Lumby: Voice: (651) 361-7900 Try: (651)3611878 Fax (631)361-7936 The Office of Administrative Hearings - Municipal Boundary Adjustments has received the above -referenced petition for detachment of property from the City of Lake Elmo, Please refer to the above docket number in future communications regarding this proposed boundary adjustment. Because there is considerable paperwork and expense with a hearing, the Office of Administrative Hearings - Municipal Boundary Adjustments Unit would appreciate hearing from the city as to their position on the detaclunent petition by December 7, 2010. If a resolution is received from the City of Lake Elmo by December 7, 2010 supporting the detachment, no hearing is necessary, Minn. Stat. §414.06 Subd. 2. If you have any questions, please contact this office. Sincerely, Christine M. Scotillo, Executive Director Municipal Boundary Adjustments 651-361-7910 christinescotilloRstate.mn.us www,rnba.state,mn.us CMS: c: Kris Nass, Representative for Petitioners (Via E-Mail) City of Grant NVE6`...AM,Odgignt,tikM-'*4"1, Irt!;.",,*114ij;'''41410.4W'n.11't ,410,1,1111=1,,,m1 awaN2Involve.....4,44,6614,1( Proposed detachment Parcels .44 Stillwater Township 1 City of Stillwater City of Oak Park Heights ADONALD R REGAN ND SCH DIST 4834 T #834 TO: Office of Administrative Hearings Municipal Boundary Adjustments P. O. Box 64620 St. Paul, MN 55164-0620 651-361-7900 hMA PETITIONERS STATE: The number of petitioners required by Minnesota Statutes § 414.06, Subd. 1, to commence this proceeding is: all of the property owners if the area is less than 40 acres; or 75% or more of the property owners in number if the area is more than 40 acres. It is hereby requested by: all of the property owners, the area is less than 40 acres; or X_ 75% or more of the property owners, the area is more than 40 acres; To detach certain properties described herein from the City of Lake Elmo and make a part of the Township of Stillwater Township. 1, There are three property owners in the area proposed for detachment. 2. Three property owners have signed thispetition. (If the land is owned by both the husband and wife, both must sign the petition to represent all owners.) 3. The property is situated within the City of Lake Elmo, abuts the municipal boundary and the boundary of the Township of Stillwater Township, in the County of Washington. The petitioned area abuts on the city's (N) S E W (circle one) boundary(ies). 4. The property proposed for detachment is rural in character and not developed for urban residential, commercial, or industrial purposes, The number of acres in the property proposed for detachment is 50.74 and is described as follows: INSERT THE COMPLETE AND ACCURATE PROPERTY DESCRIPTION. DO NOT USE DESCRIPTioNs FROMPROPERTY TAX STATEMENTS. Srr 041114 Prec{s = (3p 4.9es 6. The reason detachment is requested is that the land is rural agricultural and would be better suited to township rather than residential municipal government. The number of residents in the area proposed for detachment is of residents is not necessarily the same as number of owners.) . The number and character of buildings on said property is: 0 9. Public improvements on said property are: None Date: P Prope Property e -2- WV BY 4rJA NOV 15 2(110 (The number 9 ARRANTYOEED �1 {trio do)rit TmeMe No delinquent taxes of Real Estate Value Certificate of yarteinr elenks (197b) Mieer+D,va oo, N,anca pal is gal�n1l•rtF,ET rt:cafiD.5rs 03700 A'A5dl1IClatt COUNTY. AN ortaltfirti eit! 0 sd hftltCR I. ED 1N Value No _k r ,).9 County Auditor Deputy STATE DEED TAX DUE HEREON: $ fil.Hii Date: February 1.8 , 194.. H i ! l 3 2a PK'86 JOIIN A F +•`i7t:N COUNTY ••^.t r? .RJER DEPUTY EQD a4r IBA 14WbM, d for recording data) FOR VAWAKE CONSIDERATION, CARL 14. POPPENBERG1:R.and b1aLLA M. POPPENBE1tGER. husband and wife tmer)tal 1IsIuc) hereby convey (s) and warrant (s) to BERNARD W, NASS end ',DELLA N._NASS tenants, real property In Wasb tuRton Grantor (s), , Grantees as joint County, Minnesota, described as follows: All that part of the Southwest 1/4 of the Northwest 1./4 of Section 6, Township 29, Range 20 that lies northerly of the following described Line; Commencing at the Southwest corner of the Northwest 1/4 of said Section 6; thence North 1° 14r50" East, along the West line of said Northwest 1/4, for 969.67 feet to the point of beginning of the line to be described; thence South 87°25134" East for 1120,72 feet more or Less, to the East line of the Southwest 1/4 of said Northwest 1/4, and there terminating, except the North 1236.51 feet thereof and also excepting therefrom all that portion of the Southwest 1/4 of the Northwest 1/4 of said Section 6, lying West of the Town Road as it now traverses said Section 6. Together with all that part of Northwest 1/4 of the Northwest 1/4 of Section 6, Township 29, Range 20 except the North 1341 feet thereof subject to Nailing Avenue. ill more npece 1pneedcd, continue on beck) together with all hereditaments end appurtenances belonging thereto, subject to the following exceptions: The foregoing instrument was acknowledged befor e me this f "" d by CARL W. POPPENBERGER and DELLA M. i- NOTARIAL $T'AIIP 0R 98AL (OR rTED RY O4AMa AND A DDRES Robe Attorney At 4734 Washington Square White Bear Lake, MN 55110 (612) 426,1661 196 , 2 Aug. 15,1988 AONNQWt Rnt3A#BNT KWYalrlOrercrlbrd enNelrIn Iblr Inrinuoa,t rtaauld rrz Mr. 6 Mrs, Bernard W. Ness 5651 Manning Avenue North Stillwater, MN 55082 I n end v a I ti No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )not required , By • Xt' `-) County Auditor Deputy (reserved or morlpage registry lax paymenl data) 45 *71Y.Y4t{Sill% elenko_11978) Op. Nt. Vt. KINN. Offttt cooly *lllrIY1. 101 gpieD, ' AU° " 4611qd POO. ,-...-rt....”1...t. • ...4.4.1 join A. II, ,17,1( k Irl COUJI ( I in ' ORDER .1.1 ..S.:•37 0 ror ecordIng dm) MORTGAGE REGISTRY TAX DUE ItEREON1 mem ISY $ 90.00 MBA Date: Augurs t , 19 e3 THIS CONTRACT FOR DEED is made on the above date by Carl. W Poppentaercier and Della M, Papppnbermer Seller (whether one or more), and husband and wife Seller and Purchasers agree to the following terms: I. PROPERTY DESCRIPTION, Seller hereby eolith and Purchasers:hereby buy, real property in Vla ahina ton County, Minnesota, described as fellows: husband and wife (marital status Bernard W. Noss and Laella M. Ness, , Purchasers, aa joint tenania. All that part of the Northwest 4 of the Northwest 4 of' Section Township 29, Range 20 West that lies Southerly and Westerly of the South- erly right of way line of Minnesota Trunk Highway No. 36 and Northerly and Westerly of the following described line; Beginning at o point on the West line of said Northwest 4 that is 923.00 feet, as measured slang said West line, Southerly of the Northwest corner of said Section 6; thence Nor theosterly by a deflection angle to the right of 73° for o distance of 336.41 feet; thence Sautherly, poroltel' to the West line or said Northwest 4, for ri distanae of 1.48.5 feet; thence Easterly parallel to the North/?said Northwest 4 f or a distance 784.70 feet more or less to the East line of said Northwest 4, of Northwest 4 and there teiminoting , Subject to Manning Avenue and N, S.P . easement across said property. (c).13011ding, zoning and subdivision laws and rigulations; (d) The lien of real estate'taxes and inetallmente of apeoe astaosantento which are payable by Purchasers pureuent to paragraph 6 of this contract; and (e) 3. DELIVERY OF DEED AND EVIDErIcK OP TITLE. Upon Purchasers' prompt and full performance of this contract, Seller ahall; (a) Execute, acknowledge and deliver to Purchasers o Warranty Deed, in recordable form, convoying marketable: title to the Property to Puttlieuern, subject only to the following exteptions; (I) Those exceptions referred to in paragraph It(a), (b), (e) and (d) of this contract; (ii) Liene, encumbrances, adverse claims or other matters which Purchasera have created, suffered or permitted to accrue after the date of this mullet; and of delinquent `a1 iX')111 der( )nadtlroq requited Dula,,. -121 .44 7( 0I Mellyditor-Treesttc Rep* 1 fit' eZ- Warranty Deed Individualls) to Individual(s) STATE DEED TAX DUE HEREON: 6264.00 Date: 4'Gr /4, 2c * Z FOR VALUABLE CONSIDERATION ' Violet E. Kem. a slight person (marital status) hereby convey(s) and warrants) to Robert A, gybed 72 MN Cedilla Oita slitter remind on: 200010810/ 2:25:00 PM 3572546 rlbly Ae gig 0brt AIb0i1u ngpIA No , Grantor(s), , Grantee, real property In Washington County, Minnesota, described as follows: That part of the East Half of the Northwest Quarter of Section 6, Township 29 North, Range 20 West, . Washington County, Minnesota lying Westerly and Northerly of KERN CENTER and KERN CENTER 2ND ADDITION, according to the plats of record and on file In the office of the County Recorder, Washington County, Minnesota containing 22.09 acres, more or less, Subject to it highway easement along the Northerly line thereof for Trunk Highway 36 as described In Book 275 of Deeds, Page 497, of record and on file In said Office of the County Recorder. Also subject to a transmission line easement in favor of Northern States Power Company as described in Book 297, Page 288, of record and on file in said Office of the County Recorder, together with all heredttaments and appurtenances belonging thereto, subject to the following exceptions, All encumbrances and obliaation$ incurred at the instance of the Purchaser subseauent to October 6, 1996, Check box if applicable: ® The Seller certifies that the Seller does net know of any wells on the described real property. 0 A Well Disclosure Certificate accompanies this document. © I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed Well Disclosut Certificate, WASHINGTON COUNTY Receipt No: 219091 Date: 3f712008 • Registration tax hereon of: 6254,00 PAID MN Conservation Fund M,S, 473h 55.00 PAID Molly F. O'Rourke, Auditor by CJStarzl STATE OF MINNESOTA COUNTY OF c4410sN1�sP� by The foregoing Instrument was acknowledged before me on violet E. Kern. a aime a Son , N OTARIAL $TAMP OR SEAL ANDERSON DOVE FRETLAND & VAN VALKENBURG, 6681 Cedar Lake Road Minneapolis, Minnesota 66416 (952) 546.9000 PDD/a190121•Bubarl•waftanty Deed(01) URE E7F PER$ON TAKING ACKNOWLEDGMENT Check here It part or all or the land Is Registered (Toner's TAX STATEMENTS FOR THE REAL PROPERTY DESC IN THIS INSTRUMENT SHOULD BE SENT TO (INCLUDE NAME AND ADDRESS OF GRANTEE): Robert A. Buberl 5760 Memorial Drive Stillwater, MN 65082 Washington County, MN 44. Property Inlhrrrrention Property ID GeD2020230001 1.00tign !KM MANNING Washington County, MN A I(E:ELMO r liashin ton aunty MAP FOR REFERENCE ONLY NOT A LEGAL JOCLJMENT This drrtind is a 0950 rf the r nrp,alran unit rnrue.luueri 41[UN t9ri au tiny alum: inwuri:iueaW211NMI', Gnuuly aQi ,Tna lrawii enor.rd IJo UFitrf far rar4aeJrrx purpoP 5 ratty. Vfishingtnn GJurtlyiu riot re,2panrihKa Ice any hromoraieiea f 9/30/2010 'Al Ra.CrinktECtiFARMS,7 t RF"..iTYAMOVTDMANAGSERS/01T t.'.,M-45t.ttitztV.C, Eta r ! ZrlIFIrrn utttry,..tr atett.t t i t r . , \.• 0 • f OBVI5 Wain. ZfIrmtositIVT:IANO TiRett.,,,,,ikteffiCO7V TIMM/ 4.=1te .,tz manta. x CENTER Wft =gro4; /0 0 0 10 0 7 ' st. rex ttn.j.s.,-; TN' Ai jT Ibkttpts Am mow A ra Real F A 04.1.4TVO .410 TOTOOCTTOT =ERZ AT .Et'AFottmt Kong wuronToT =kr,' cOkta vo.T.faMDT camy Nor AITVONSITtE RR ATI ECTMACTS. P.;;PPrf TrW.t .5.PtitT-trt-rt t=t1tr.xlt ItttnkSTOTVATM- Amartn..= zno-rrroa r2f...mITSPATEMA..W.P3TEC rtn,,rg L (0d04) S11thWA (0001) HOLITISFIN MATES P€7I R 2,11 (0002) o6-029-20-23-00 Tnetv Smot �tNPOT R Pig NO 82-82 elaet (0017) rot City of Grant Proposed qetachment Parcels Stillwater Township City of Stillwater CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 12/7/2010 REGULAR ITEM #: 16 MOTION Resolution No. 2010-073 AGENDA ITEM: Lake Elmo Avenue Infrastructure Project 1-94 to 30th Street - Authorize Design for Alternate Gravity Sewer (South of 10th Street), or Approve Plans and Specifications and Order the Advertisement for Bid SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Bruce A. Messelt, City Administ REVIEWED BY: Ryan Stempski, Assistant City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to provide direction to staff as follows: . Authorize staff to prepare plans and specifications to incorporate a gravity trunk sewer option for south of 10th Street as an add/alternate bid for the above project. For this option the recommended motion to act on is as follows: SUGGESTED "Move to direct staff to prepare plans and specifications, work with the MOTION: impacted property owners, acquire appraisals and negotiate the necessary easements, all as necessary to incorporate an add/alternate bid option to provide a gravity trunk sewer for all or portions of the trunk sewer project between 10th Street and the 1-94 corridor." OR 2. Approve Resolution No. 2010-073, thereby approving the Plans and Specifications for the Lake Elmo Avenue Infrastructure Project 1-94 to 30th Street, and order the advertisement for bids. For this option the recommended motion to act on is as follows: SUGGESTED "Move to approve Resolution No. 2010-073 Approving the Plans and MOTION: Specifications for the Lake Elmo Avenue Trunk Sewer Infrastructure Project 1-94 to 30th Street and Ordering the Advertisement for Bids." -- page 1 -- City Council Meeting December 7th, 2010 Lake Ehno Avenue Infrastructure Project I-94 to 3011Street: Authorize Design for Alternate Gravity Sewer or Approve Plans and Specifications and Order the Ad for Bid Regular Agenda Item #16 STAFF REPORT: TKDA has completed the Plans and Specifications for the Lake Elmo Avenue Infrastructure Project from 1-94 to 30th Street. The project design, as completed at this time, includes a trunk sanitary sewer forcemain along the entire project corridor, connecting the proposed Village Area Lift Station to the MCES Meter Station (located near Hudson Boulevard and Lake Elmo Avenue). The project plans have been designed with the Village Area Lift Station located near Lisbon Avenue and 30th Street on a site previously presented to the Council as Site No. 3, located outside of and to the east of Reid Park. In accordance with Council direction, received at the August 17, 2010, meeting, staff has finalized the proposed project plans and is prepared to advertise the project and receive contractor bids. Should the City choose to take bids on the project, the bid schedule, including the actual bid date, could be set to occur at any time this winter or spring, at the Council's discretion, upon malcing 21 days public notice. Once bids are received, the contract documents will allow for the bids to be retained by the City for a period of 60 days, before the City must either award the project or reject all bids. If the project is awarded, construction work would begin in the spring of 2011 and would be substantially completed in November 2011. The detailed Plans and Specifications are available for review at City Hall, The Engineer's post design estimate of total project costs is $3.8 million. Also in accordance with Council direction, received at the August 17, 2010, meeting, staff has completed a preliminary layout for a design alternative to install gravity trunk sewer in lieu of a forcemain trunk sewer for the areas along the corridor between 10th Street and Hudson Boulevard (1-94). Staff has met and discussed this alternative with most of the impacted property owners and has received a favorable initial response to moving forward with this design alternative. In order to further pursue this design alternative, staff is seeking Council direction and authorization to obtain soil borings, complete a design survey, and prepare plans and specifications to incorporate this alternative as an add/altemate bid option for the project. This work would also include continued discussions with the impacted property owners, preparation of easement appraisals, and negotiation with property owners to acquire the necessary easements. The Engineer's preliminary estimate of total project cost for the project with the gravity sewer option is $5.2 million, not including any costs that may be necessary for easement acquisitions. If Council authorizes this option tonight, we could be ready for contractor bids in accordance with the attached proposed Project Schedule for Option 1. FINANCIAL CONSIDERATIONS: Moving forward with the gravity sewer option for south of l Oth Street does require an initial capital investment by the City, however, once the sewer system is fully built -out, the City would save roughly S600,000 in today's dollars by not constructing redundant pipe infrastructure. -- page 2 — City Council Meeting December 7th, 2010 Lake Elmo Avenue Infrastructure Project 1-94 to 3011 Street: Authorize Design for Alternate Gravity Sewer or Approve Plans and Specifications and Order the Ad for Bid Regular Agenda Item #16 Should Council elect to proceed in any fashion with the proposed project, City staff will engage with in-house and contracted Financial Advisors to develop various funding scenarios and options for the City Council to consider well prior to bid acceptance, awarding, and final project approval. RECOMMENDATION: Staff recommends that the City Council discuss with staff and provide direction for defining the next steps for this project by taking one of the following actions: Authorize staff to prepare plans and specifications to incorporate a gravity trunk sewer Authorize staff to prepare plans and specifications to incorporate a gravity trunk sewer option for south of 10th Street as an add/alternate bid for the above project. For this option the recommended motion to act on is as follows: SUGGESTED "Move to direct staff to prepare plans and specifications, work with the MOTION: impacted property owners, acquire appraisals and negotiate the necessary easements, all as necessary to incorporate an add/alternate bid option to provide a gravity trunk sewer for all or portions of the trunk sewer project between 10th Street and the 1-94 corridor." OR 2. Approve Resolution No. 2010-073, thereby approving the Plans and Specifications for the Lake Elmo Avenue Infrastructure Project 1-94 to 30th Street, and order the advertisement for bids. For this option the recommended motion to act on is as follows: SUGGESTED "Move to approve Resolution No. 2010-073 Approving the Plans and MOTION: Specifications for the Lake Elmo Avenue Trunk Sewer Infrastructure Project 1-94 to 30th Street and Ordering the Advertisement for Bids." Alternatively, the City Council does have the authority to table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended motion or resolution prior to taking action. Due to the complexity of this issue, City Engineering, Legal and Administrative staff will assist the City Council with any amendments at the Dias on Tuesday evening ATTACHMENTS: 1. Resolution No. 2010-073 2. Project Schedule — Option 1 3. Project Schedule — Option 2 -- page 3 -- City Council Meeting December 7th, 2010 Lake Elmo Avenue Infrastructure Project 1-94 to 30th Street: Authorize Design for Alternate Gravity Sewer or Approve Plans and Specifications and Order the Ad for Bid Regular Agenda Item #16 SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation ........ ..... ....... .......... ..... ........ ............ ......... City Engineer Questions from Council to Staff .„„. .................... . ...... ,........... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion Mayor & City Council - Discus sion ....... ........... ..... ................ ..... ............. ....... .......... ..... Mayor Facilitates Action on Motion ..... ........ ................ Mayor & City Council -- page 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-073 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE LAKE ELMO AVENUE INFRASTRUCTURE PROJECT 1-94 TO 30TH STREET WHEREAS, pursuant to resolutions passed by the council, TKDA was directed to prepare plans and specifications for the Lake Elmo Avenue Infrastructure Project I-94 to 30th Street; AND WHEREAS, TKDA has completed the plans and specifications for these improvements and has presented them to the City Council for approval on December 7, 2010; NOW, THEREFORE, BE IT RESOLVED, Such plans and specifications, a copy of which is on file at Lake Elmo City Hall and made a part hereof are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specift the work to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier's check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered, Date: ATTEST: Bruce A. Messelt City Administrator , 2010 CITY OF LAKE ELMO By: Dean A. Johnston Mayor Resolution No. 2010-073 CERTIFICATION hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on 7th day of December 2010, as shown by the minutes of said meeting in my possession. Sharon Lumby City Clerk (Seal) Resolution No. 2010-073 2 CITY OF LAKE ELMO LAKE ELMO TRUNK SANITARY SEWER EXTENSION PROJECT 1-94 TO 30" STREET PROPOSED PROJECT SCHEDULE — OPTION 1 August 17, 2010 Council approves lift station location and authorizes TKDA to complete final design. December 7, 2010 Council directs staff to prepare plans and specifications, work with property owners and acquire easements to incorporate an add/alternate bid option for gravity sewer south of 10th street. March 1, 2011 Presentation of Plans and Specifications to the City Council. Council approves Plans and Specifications and orders Advertisement for Bids March 3, 2011 Placement of Advertisement for Bids — Oakdale -Lake Elmo Review. Publication date of March 9 and 16. March 3, 2011 Placement of Advertisement for Bids — Finance and Commerce. Publication date of March 4. March 31, 2011 Receive Contractor bids April 5, 2011 City Council accepts bids and awards Contract April 12, 2011 Process and send out Contract Documents April 20, 2011 Receipt of Contractor's Bonds/Legal Review and Issue Notice to Proceed April 26, 2011 Conduct Pre -construction Meeting May 1, 2011 Contractor begins work September 2011 Substantial Completion November 2011 Final Completion CITY OF LAKE ELMO LAKE ELMO TRUNK SANITARY SEWER EXTENSION PROJECT 1-94 TO 3011 STREET PROPOSED PROJECT SCHEDULE — OPTION 2 August 17, 2010 Council approves lift station location and authorizes TKDA to complete final design. December 7, 2010 Presentation of Plans and Specifications to the City Council. Council approves Plans and Specifications and orders Advertisement for Bids December 10, 2010 Placement of Advertisement for Bids — Oakdale -Lake Elmo Review. Publication date of December 15 and 22. December 10, 2010 Placement of Advertisement for Bids — Finance and Commerce. Publication date of December 11. January 25, 2011 Receive Contractor bids February 1, 2011 City Council accepts bids and awards Contract February 3, 2011 Process and send out Contract Documents February 17, 2011 Receipt of Contractor's Bonds/Legal Review and Issue Notice to Proceed March 1, 2011 Conduct Pre -construction Meeting May 1, 2011 Contractor begins work September 2011 Substantial Completion November 2011 Final Completion