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Home My WebLink About11-03-2010 packetCity of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota Wednesday, November 3, 2010 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES; (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Approval of the October 19, 2010 City Council minutes H. PLTBLIC 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 RaM Garden Project - Request for Payment #1 4. 1-94 to 30th Street Infrastructure Project: Consider Authorizing Appraisal Services for Lift Station Site No, 3 Utility Easement 5. MnDOT Landscape Grant — Resolution No. 2010-059 REGULAR AGENDA: 6. Preliminary Canvas 2010 Election Results 7. Assessment Policy — Review and Report on Draft Policy 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 City Council Minutes October 19, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Park and Smith Absent: Council Member Emmons Also Present: Administrator Messelt, City Engineer Griffin, Attorney Kevin Sandstrom, Planning Director Klatt, Finance Director Bouthilei, Paul Donna, Northland Securities and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the: October:19,2010 City Council agenda, as amended — Remove Item #9 Cranky Ape IUP. Council Member Park seconded the motion. The motion passed 4-0. :----=:- . ACCEPTED MINUTES: The October 5, 2010 City Council minutesareapproveclby consensus. PUBLIC COMMENTS/INQUIRIES: Pam Hartley, 10010 Tapestry Road, introducedherself and explained why she is interested in serving on the Lake Elino.-Park COMmission, Ryan Bendel, Lake Limo resident and student at Cretin Derham Hall, attended the Council meeting as -a requirement of his Government class. CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Consent Agenda. Council Member Park seconded the motion. The motion passed 4-0. • Approve payment of disbursements and payroll in the amount of $219,288.99 • Approve the proposed Easement Encroachment Agreement for 4861 Lilac Place North as presented. • Authorize Payment No. 1 (final) to Hardrives Inc., in the amount of 49,34.55 to be paid from the Street Maintenance Fund for the 42" Street Mill and Overlay Proj ect • Approve Resolution No. 2010-059 regarding City of Lake Elmo participation in a joint grant application to assess possibilities for shared pubic safety and emergency services LAKE ELMO CITY COUNCIL MINUTES October 19, 2010 MOTION: Council Member DeLapp moved to appoint Pam Hartley, as Second Alternate, to the Lake Elmo Parks Commission, Council Member Smith seconded the motion. The motion passed 4-0. REGULAR AGENDA: Consider Zoning Text Amendments to Revise the General Requirements of the Interim Use Permit Ordinance Section 154.019. Ordinance No. 08-032 The City Council was asked to consider revisions to the Interim Use Permit (IUP) ordinance Section 154.019. The primary revisions proposed eliminate duplication of requirements, allows the City Council to set the termination of the use to a certain date or event, and allows an administrative extension of 30 days to eliminate a potential time gap in renewal application. The proposed changes allow the city additional flexibility in utilizing IUPs in specifically -designated zoning districts. MOTION: Council Member DeLapp moved to approveOrdinance:, , 08-032 revising the Interim Use Permit ordinance Section 154,019, and Resolution No;. 2010-053 Authorizing Summary publication. Council Men#1;Park.seconded the:Motion. The motion passed 4-0. Consider Zoning Test Amendments to ReViSe,the Holding2,Distriet Zoning Requirements to Replace Conditional Uses with InterimUse OrdinanceNo, 08-033 The City Council was asked to consider revisions to nineteen zoning districts established in 2007 for areas guided for future severed development. The primary amendment proposed for these holdingastricts wOiiid,:.revise'current language allowing the property owners(s) to apply for future'Conclitional us permits until the land is developed with City sewer and is in conformance With-fhe City's comprehensive plan, The proposed Qpd6 amendments would allow those uses previously identified as conditional uses10,:,alternatively, be permitted as an interim use. MOTION: Council Menther/Park moved to adopt Ordinance No, 08-033, amended as recommended by the Planner and by the City Council at tonight's meeting, revising the Holding Districts and Resolution No. 2010-054 Authorizing Summary Publication. Mayor Johnston seconded the motion. The motion passed 4-0. Interim Use Permit: Consideration of an application from Midwest Recreational Clearinghouse, LLC to allow an Open Sales Lot for the Outdoor Display of Merchandise at 9200 Hudson Boulevard; Resolution No, 2010-055 This item was removed off the agenda by request of the applicant. LAKE ELMO CITY COUNCIL MINUTES October 19, 2010 2 A Resolution Authorizing the City to Participate in the Minnesota Blue Star Award Program. Resolution No. 2010-056 The City Council was asked to consider authorizing city staff to complete the online assessment for becoming a Blue Star Award City, The Blue Star Award Program is designed to promote and reward cities and townships who take a leadership role in protection water quality through storm water management. MOTION: Council Member Smith moved to approve Resolution No 2010-056 authorizing the City of Lake Elmo to participate in the Minnesota Blue Star Award Program. Mayor Johnston seconded the motion, The motion passed 4-0. Review of 3 Quarter of 2010 General Fund Budget (Unaudited) Pursuant to City Council direction, the City Council is asked to receive an update on the now closed 3rd Quarter 2010 General Fund (unaudited) and discuss any findings or trends identified therein. Staff briefed the Council on the majoridentified findings and trends, No specific action or motion is needed, 2010 Street Improvement Bond Financing Resolution o::2010-057 The City Council was asked to consider Resolution 2610-057 authorizing issuance, awarding sale, prescribing the forms and detailS,Ana,providing for the payment of $710,000 General Obligation Improvement :Bonds Series 2010A. Paul Donna, Northland Securities, reported Moody's assigned the City an "Aa2"credit rating due to healthy liquidity, prudent inanagernent, conservative budgeting and modest debt burden. MOTION: CouncilMeMherSmith-IMoved to approve Resolution No. 2010-057 authorizing issuance, awarding sale pliescribing the forms and details and for providing the payment of the$710,000 General Obligation Improvement Bonds Series 2010A to finance the City's 2010 ,street irnProvements. Council Member DeLapp seconded the motion, The motion passed 4-0. Recommendation for 2004 Bond Refinancing Resolution No. 2010-058 The City Council was asked to consider Resolution 2010-058 authorizing issuance, awarding sale, prescribing the forms and details, and providing for the payment of $1,975,000 General Obligation Improvement Bonds Series 2010B. MOTION: Council Member DeLapp moved to approve Resolution No, 2010-058 authorizing issuance, awarding sale prescribing the forms and details and for providing the payment of the $1,975,000 General Obligation Capital Improvement Plan Refunding Bonds Series 2010B. Council Member Smith seconded the motion, The motion passed 4- 0. LAKE ELMO CITY COUNCIL MINUTES October 19, 2010 City Council Reports City Administrator Report: Administrator Messelt requested Council direction on improvements to50th Street and Kimbro Avenue. If the City uses MSA funds the existing road width must be widened to 32' and in addition right-of-way acquisition would be required from five property owners. The alternative improvement would be to shape and pave the street as part of 2011 street improvements project. The road would fit to the existing gravel width at an estimated cost of $300,000 and since this width does not meet MSA standards, MSA funds cannot be used on the project. The Council decided to proceed on the 50th Street and Kimbro Avenue Feasibility Report as a shape and pave project. The Council adjourned the meeting at 8:25 p.m. Respectfully submitted by Sharon Lumby, City Cl LAKE ELMO CITY COUNCIL MINUTES October 19, 2010 4 CITY OF LAKE - ELMO MAYOR &QQUNCIL COMMUNICATION, DATE: 11/03/2010 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 367,681.32 SUBMIllED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrato 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 $ 367,681.32. 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. Claim # Amount Description ACH 7,436.06 ACH 1,133.41 ACH $ 3,665.08 DD 3015 —DD 3048 $ 24,308.39 Payroll Taxes to IRS 10/21/2010 Payroll Taxes to MN Dept. of Revenue 10/21/2010 Payroll Retirement to PERA 10/21/2010 Payroll Dated 10/21/2010 (Direct Deposit) 36255 — 36266 $ 4,071.39 Payroll Dated 10/21/2010 (Payroll) 36267 - 36297 $ 327,066.79 Accounts Payable Dated 11/03/2010 -- page 1 -- City Council Meeting Approval of Disbursements and Payroll November 3rd, 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 $ 367,681.32, 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 November 3rd, 2010 Disbursement and Payroll, as presented [and modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 11/03/2010 SUGGESTED ORDER OF BUSINESS fif removed from the Consent Aeenda): Questions from Council to Staff.... .......... ....... 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 Uscr. Joan z Printed: 10/28/2010 - 12:52 PM Batch: 008-10-2010 Invoice # Inv Date Amount Quantity Putt Date Description Reference Task Type ALLWEATH All Weather Services 10/28/2010 10/28/2010 25,114.75 603-496-950045300 Improvements Other Than Bldgs 10/28/2010 Total: 25,114.75 ALLWEATH Total: 25,114.75 0.00 11/03/2010 2009-2010 Rain Garden Project ALPHAVID Alpha Video & Audio Inc. 1NV83206 10/20/2010 192.38 0.00 11/03/2010 Tools Rackshelf 411-480-8000-45700 Office Equipment & Furnishings INV83206 Total: 192.38 ALPHAVED Total: ANIDAHL Amdahl Chris 7645 10/03/2010 413-480-8000-43150 Contract Services 7645 Total: AMDAHL Total: 192.38 PO # Close POLine # No 0000 No 0000 9.05 0.00 11/03/2010 City Facilities Door Locks rekeyed No 0000 2,509.05 2,509.05 ARAM Aramark„ Inc 629-7091548 10107/2010 22.97 0.00 11/03/2010 Uniforms 101-430-3100-44170 Uniforms 629-7091548 Total; 22.97 629-7096652 10/14/2010. 22.97 0.00 11/03/2010 Uniforms 101-430-3100-44170 Unifonns 629-7096652 Total: 22.97 629-7098486 10/13(2010 98,92 0.00 114/3/2010 Linen City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7098486 Total: 98.92 629-7101435 10/21/2010 22.97 0.00 11/03/2010 Uniforms 101-430-3100-44170 Uniforms 629-7101435 Total: 22.97 AP - To Be Paid Proof List (10/28/10 - 12:52 PM) No 0000 No 0000 No 0000 No 0000 Page 1 Invoice # Inv Date ARAM Total: CARQUEST Car Ouct Auto Pans 2055-203786 10/12/2010 101-430-3120-42210 Equipment Parts 2055-203786 Total: CARQUEST Total: CTYOAKDA City of Oakdale 201010222511 10/22/2010 101-420-2220-44040 Repairs/Maint Eqpt 201010222511 Total: 201010222512 10/221201(1 I 01-420-2220-44040 Rcpairs/Maint Eqpt 201010222512 Total: CTYOAKDA Total: DRAGONFL Dragonfly Gardens 10/27/2010 10/18/2010 603-496-9500-44030 Repairs/Maint Not Bldg 10/27/2010 Total: DRAGONFL Total: ECN Networks, Inc. Emergency Communica 9100 08105/2010 101-420-2220-44300 Miscellaneous 9100 Total; ECN Total: FERGUSON Ferguson Waterworks 501280379.001 10/14/2010 601-494-9400-42300 Water Meters & Supplies SO1280379.001 Total: FERGUSON Total: FRONTIER Frontier Precision, Inc 87924 10/14/7010 101-430-3100 44170 Uniforms 87924 Total AP - To Be Paid Proof List 00/28(10 - 12:52 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 167.83 76.14 76,14 76,14 309.30 309,30 2,732.62 2,732.62 3,041.92 999.19 999.19 999.19 312.50 312.50 312.50 3,575.00 3,575.00 3,575.00 19.24 19.24 0.00 11/03/2010 Oil Filters 0.00 11/03/2010 #2511, Cl-oil change, tire rotation 0.00 11/03/2010 #2512, El exhaust, rear tires 0.00 11/03/2010 Water Quality Plantings at 3570 Laverne 0.00 11/03/2010 Code Red Services 0.00 11/03/2010 Water Meters 0.00 11/03/2010 Safety Vest No No No No No No No 0000 0000 0000 0000 0000 0000 0000 Page 2 Invoice # Inv Date Amount Quantity- Pmt Date Description Reference Task Type PO # Close POLine # 87925 IQ/14/2010 8,357.53 0.00 11/03/2010 Timb le GPS and Software 410-480-8000-4580(1 Other Equipment 87925 Total: 8,357.63 FRONTIER Total: 8,376.87 FURY -DODO Fury Dodge Chrysler Lake Elmo 10/28/2010 10/28/2010 25,800.00 0.00 11/03/2010 Replacement Duty Fire Vehicle 410-480-8000-45500 Vehicles 10/28/2010 Total: 25,800.00 FURYDODG Total: 25.800.00 FXL FXL, Inc November 2010 11/01/2010 2,000.00 0.00 11/03/2010 Assessing Services - November 2010 101-410-1320-43100 Assessing Services November 2010 Total: 2,000.00 FXL Total: 2,000.00 HDSUPPLY HD Supply Waterworks, Ltd. 2095772 10/13(2010 134.52 0.00 11/03/2010 Replacement Batteries for Water 601-494-9400-42300 Water Meters & Supplies Meters 2095772 Total: 134.52 HDSUPPLY Total: 134.52 Lillie Newspapers Inc. Lillie Suburban 09/16/2010 09/16/2.010 17.43 0.00 11/03/2010 Public Hearing - Zoning text 101-410-1450-43510 Public Notices Amendments 09/16/2010 Total: 17.43 Lillie Total: 17.43 LlININER Lipner Electric Company. Inc. 21271 10/26/2010 668.80 0.00 11/03/2010 Electric Work - Council Room 410-480-8000-45800 Other Equipment 21271 Total: 668.80 LINNER Total: 668.80 MALMQ Malmquist Greg 10/25/2010 10/25/2010 110.50 0.00 11/03/2010 Mileage reimbursement & Meals 101-420-2220-44370 Conferences & Training MSFCA 10/25/2010 Total: 110.50 AP - To Be Paid Proof List (,1 0(28110 - 12:52 PM) 0000 No 0000 No 0000 No 0000 No 0000 No noon No 0000 Page 3 Invoice # Inv Date MALMQ Total: MARONEYS Maroney's Sanitation. Inc 254707 10112/2010 101-410-1940-43840 Refuse 254707 10/12/2010 101-420-2220-43840 Refuse 254707 10/12/2010 101-430-3100-43840 Refuse 254707 101I2/2010 101-450-5200-43840 Refuse 254707 Total: MARONEYS Total: MENARDSO Meriards - Oakdale 11383 10/14/2010 101-450-5200-42150 Shop Materials 11383 10114/2010 601-494-9400-43610 Insurance 11383 Total: MENARDSO Total: METROFJR Metro Fire 39223 10/12/2010 101-420-2220-42400 Small Tools & Equipment 39223 Total: 39250 10/14/2010 101-420-2220-42400 Small Tools & Equipment 39250 Total: tvIETROFIR Total: MFRA McCombs Frank koos Assoc Inc. 10/01/2010 10/01/2010 101-4-10-1910-43150 Contract Services 10/01/2010 Total: MFRA NEXTEL Nextel Communications 761950227-091 09/18/2010 101-410-1940-43210 Telephone AP - To Be Paid Proof List (10/28/10 - 12:52 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 110.50 10166 45.62 198_87 193.87 547_02 547.02 0.00 0.00 0.00 0.00 11/03/2010 11/03(2010 11/03/2010 11/03/2010 Waste Removal -tity Hall Waste Removal Fir Waste Removal - Public Works Waste Removal Parks 46.47 0.00 11/03/2010 3 Mops 46.46 0.00 11/0312010 Insurance Claim 92.93 92_93 59.80 0.00 11/03/2010 Replacement helmet reflective & goggle 59.80 23.05 0.00 11/03/2010 Replacement nozzle For Forestry Hose 23.05 82.85 311.79 0.00 11/03/2010 General Planning istance- Lawsuit 311.79 311.79 85.25 0.00 11/03/2010 Cell phone service - Administration No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 Onon Page 4 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 761950227-091 09/18/2010 221.85 0.00 11/03/201(1 Cell phone service - Fire Dept I 01-420-2220-43210 Telephone 761950227-091 09/18/2010 18.98 0.00 11/03/2010 Cell phone service -13uilding Dept 101-420-2400-43210 Telephone 761950227-091 09/18/2010 74.80 0.00 11/03/2010 Cell phone service - Public Works Dept I 01-430-3100-43210 Telephone 761950227-091 09/18/2010 79.87 0.00 11/03/2010 Cell phone service - Parks Dept 101-450-5200-43210 Telephone 761950227-091 09/18/2010 -27.98 0.00 11/03/2010 Credit Adjustment 101-410-1940-43210 Telephone 761950227-091 Total: 452.77 NEXTEL Total: 452.77 NORTHL Northland Trust Services, Inc. LK EL05 A 10/11!2010 87,512.50 0.00 11/03/2010 interest 601-494-9400-46110 Bond Interest LKELO5A Total: 87,512_50 LKELO9A 04/08/2010 100,000.00 0.00 11/03/2010 Principal GO Bond Series 2009A 315-470-7000-46010 Bond Principal LKELO9A 04/08/2010 15,452.50 0.00 I 1 /03/2010 Interest GO Bond Series 2009A 315-470-7000-46110 Bond Interest LKEL09A Total: 115,452.50 NORTHL Total: 202,965.00 PRESSA Anastasia Press 10/18/2010 10/18/2010 55.00 0.00 11/03/2010 Cabled PZ meeting 10/1812010 101-410-1450-43620 Cable Operations 10/18/2010 Total: 55.00 PRESSA Total: 55,00 RTCHTNIAN Richtman Karen RICHTMAN 09/17/2010 58.92 0.00 11/03/2010 Recycle Banners for Fall Festival 101-430-3200-44300 Miscellaneous RICI-ITMAN Total: 58.92 RICHTMAN Total: 58.92 RUD Prince-Rud Diane 10/27/2010 10/27/2010 320.00 0,00 11/03/201 0 Cleaning City Hall & Annex 101-410-1940-44010 Repairs/Maint Contractual Bldg 10/27/2010 10/27/2010 240.00 0.00 1 I /0312010 Cleaning Fire Hall 101-420-2220-44010 Repairs/Maint Bldg 10/27/2010 Total: 560.00 AP - To Be Paid Proof List (10/28/10 - 12:52 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0000 Page 5 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine fit RUD Total: 560.00 SACHSBER Sachs Bernard 10/18/2010 10/18/2010 48.00 0.00 11/03/2010 Mileage Reimb for officer class No 0000 101 -420-2220-43310 Mileage 10/18/2010 Total: 48.00 SACHSBER Total: 48.00 SAFEASSU Safe Assure Consultants Inc. 304 10/01/2010 2,900.00 0.00 11/03/2010 2011 Safety Trai ing No 0000 101-430-3100-43150 Contract Services 304 Total: 2,900.00 SAFEASSU Total: 2,900.00 STD ELANO State Bank of Delano 11/1/2010 11/01/2010 43,000.00 0.00 11/03/2010 Principal - GO Certificate 2006A No 0000 314-480-8000-46010 Bond Principal 11/1/2010 11/01/2010 1,587.75 0.00 11/03/2010 lnterest - GO Certificate 2006A No 0000 314-480-8000-46110 Bond Interest 11/1/2010 Total: 44,587.75 STDELANO Total: 44,587.75 STILLMED Stillwater Medical Group 10/12/2010 10/12/2010 469.00 0.00 11/03/2010 PreplacementiAnn u al Physicals. Hep B - No 0000 101-420-2220-43050 Physicals 10/12/2010 Total: 469.00 STILLMED Total: 469.00 WASHCONS Washington Conservation Dist. 1964 09/30/2010 517.50 0.00 11/03/2010 2nd Qtr - Shared Educator Program ,. No 0000 603-496-9500 14370 Conferences & Training 194 Total: 517.50 WASHCONS Total: 517.50 YOCUM Yocum Oil Company. Inc. 192997 09/21/2010 160.69 0.00 11/03/2010 Bulk Oil Tanks No 0000 10I-430-3100-44010 Repairs/Maint Bldg 192997 Total: 160.69 194306 10/22/2010 160.69 0.00 11/03/2010 Bulk Oil Tanks No 11000 101-430-3100-44010 Repairs/Maint Bldg AP - To Be Paid Proof -List (10(28/10 - 12:52 PM) Page 6 invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 194306 Total: I 60.69 YOCUM Total: 321.38 Report Total 327,066.79 AP - To Be Paid Proof List (10/28/10 - 12:52 PM) Page 7 AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMIT I ED BY: THROUGH: REVIEWED BY: DATE: 11/03/2010 CONSENT ITEM #: 3 MOTION as part of the Consent Agenda 2009 and 2010 Street Improvement Rain Garden Project — Change Order No. 1 and Partial Payment No, 1 Ryan Stempski, Assistant City Engineer Bruce A. Messelt, City Adrninistrato Tom Bouthilet, Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to approve Change Order No. 1 and Partial Payment No. 1 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 $25,114.75. 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: Change Order No. 1 for this project was necessary to have additional site preparation work completed prior to the rain garden construction. The contractor was asked to remove and dispose of the large brush pile located in the Tablyn Park rain garden location, for a lump sum amount of S400. Pay Request No. 1 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. 1, A 50% cost reimbursement will be submitted to Valley Branch Watershed District through the Community Grant approved for this project. The work, to date, on this project is substantially completed for the 7 rain gardens associated with the 2009 Street hnprovement Project. This includes the grading, planting and restoration. The contractor is currently finishing up the plantings for the 5 ram gardens on the 2010 Street and Water Quality Improvements. Overall, the project is nearing completion and is generally within budget. - page 1 -- City Council Meeting 2009 and 2010 Raingarden Project — Change Order No.1 and Partial Payment No. 1 November 3rd, 2010 Consent Agenda Item # 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. 1 in the amount of $400.00 and Partial Payment No. 1 in the amount of $25,114.75. 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. 1 in the amount of $400.00 and Partial Payment No. 1 in the amount of $25,114.75 to be paid from the Storm Water Utility Fund for the 2009 and 2010 Rain Garden Project /as amended and/or modified at tonight's meeting]." ATTACHMENTS: (2) 1, Change Order No. 1 2. Partial Payment No. 1 SUGGESTED ORDER OF BUSINESS (if removed from the Consent zeleenda): 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, MN October 27 20 10 Proj. No. 14504.001 To All Weather Services for 200g & 2010 Street Improvement Raingarden Project for City of Lake Elmo. Minnesota Change Order No. 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 (increase) (deer -ease) (not change) the contract sum by Four Hundred Dollars and 00/100 ($400 00 ). This change order includes the cost to remove the large pile of brush located at the Tablyn Park rain garden. NET CHANGE = 400.00 Amount of Original Contract Additions approved to date (Change Order Nos. ) Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) (Deduet) (NoChange) Revised Contract Amount $ 27,688.75 Approved Washington Conservation District City of Lake Elmo By By Approved BY All Weather Services Rusty Schmidt 27,688,75 400.00 28,088.75 TKDA p4a111,114:1111#61111iiililli4111.1111&111111allOKI The right Um. The right people. The right company; Proj. No. 14504.001 Cert. No. To City of Lake Elmo. Minnesota 444 Cedar Street, Suite 1500 Saint Paul, MN 551D1-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com St. Paul, MN, October 27 , 20 10 Owner This Certifies that All Weather Services , Contractor For 2009 & 2010 Street Improvement Raingarden Proiect Is entitled to Twenty -Five Thousand One Hundred Fourteen--- ----- -------------- Dollars and 75/100 ($25,114.751 being 1st estimate for partial payment on contract with you dated September 22 , 2010 Received payment in full of above Certificate. Washington Conservation District All Weather Services Rusty Schmidt 2010 TKDA Ryan W. Stempski, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras 27,688.75 All previous payinents All previous credits Extra No, Change Order No. I 400.00 11 It Credit No. AMOUNT OF THIS CERTIFICATE 25,114.75 Totals 28,088.75 $ 25,114.75 $ Credit Balance There will remain unpaid on contract after payment of this Certificate 2,974.00 $ 28,088.75 1 $ 28,088.75 II $ ESTIMATE NO. 1 2009 & 2010 STREET IMPROVEMENT RAINGARDEN PROJECT CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14353.001 & 14504.001 ITEM NO. DESCRIPTION 1 MOBILIZATION 2 COMMON EXCAVATION 3 CONCRETE CURB CUT AND BITUMINOUS REMOVAL 4 4" PERFORATED DRAINTILE 5 CORE DRILL DFIAINTILE TO CATCHBASIN AND INSTALL BALL VALVE 6 BULLET EDGER 7 BLACK PLASTIC EDGER 8 RETAINING WALL - GLACIAL FIELD STONE 9 RIP -RAP - CL. 1 WITH GEOTEXTILE 10 COMPOST - MnDOT GRADE 2 LEAF COMPOST 11 MULCH - DOUBLE SHREDDED HARDWOOD 12 MnDOT 350 SEED MIX WITH STRAW BLANKET 13 T.R.M. - 6,5X 60' 14 10" SPIKES 15 SHORT GRASS WOODS EDGE SAVANNA W/ENHANCEMENT AND WOOD FIBER BLANKET 16 PLANTS -PLUGS 17 PLANTS - #1 GAL, 18 PLANTS - #2 GAL. 19 SODDING SUBTOTAL 2009 & 2010 STREET IMPROVEMENT RAINGARDEN PROJECT P'eRIOD ENDING: 1 October: 27, 2010 1 CONTRACT QUANTITY UNIT AMOUNT NIT QUANTITY TO DATE PRICE TO DATE LS 1 1.0 $ 300.00 $ 300.00 CY 133 209.0 $ 11.00 $ 2,299.00 EA 5 3.0 $ 450.00 $ 1,350.00 I LF 38 38.0 $ 5.00 $ 190.00 LS 1 1.0 $ 350.00 $ 350.00 LF 600 282.0 $ 8.00 $ 2,256.00 LF 360 360.0 $ 3.00 $ 1,080.00 TON 4.5 5.0 $ 150.00 $ 750.00 CY 15 15.0 $ 90.00 $ 1,350,00 CY 31 43.0 $ 30.00 $ 1,290.00 CY 31 29.0 $ 30.00 $ 870.00 SY 24 24.0 $ 4,00 $ 96.00 ROLL 1 1.0 $ 200.00 $ 200.00 EA 175 175.0 $ 0.25 $ 43.75 I SY 432 432.0 $ 1,00 $ 432,00 EA 658 532.0 $ 4.00 $ 2,128.00 EA 423 415.0 $ 12.00 $ 4,980.00 EA 94 91.0 1 $ 22.00 $ 2,002.00 SY 916 916.0 I $ 3.00 $ 2,748,00 $ 24,714.75 CHANGE ORDER NO. 1 1 BRUSH PILE REMOVAL LS 1 $ 400.00 $ 400.00 SUBTOTAL CHANGE ORDER NO. 1 $ 400.00 TOTAL ESTIMATE NO,1 25,114.75 Page 1 LAKE CITY OF ELM 0 AYOR & COUNCIL QQMMLINIPATPN AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 11/03/2010 CONSENT ITEM #: 4 MOTION as part of the Consent Agenda 194 to 30th Trunk Sewer Improvements — Consider Authorizing Appraisal Services for Lift Station Site No. 3 Utility Easements Jack Griffin, City Engineer Bruce A. Messelt, City Administrator •P'II/\ Tom Bouthilet, Finance Director Ryan W. Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to authorize McKinzie Metro Appraisal, LLC to complete Appraisal Services in the amount of $1,955. The Appraisal Services are necessary as part of the negotiation and acquisition process for the purposes of acquiring the Lift Station Site No. 3 temporary and permanent utility easements for the 194 to 30th Street Infrastructure Project. 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: At the September 21st, 2010 City Council meeting, the City Council authorized its staff to negotiate and acquire approximately 8,000 square feet of permanent utility easement and 8,000 square feet of temporary construction easement to facilitate the construction of the Lift Station for the 194 to 30th St. Trunk Sewer project to be located on Site No. 3, Acquisition of the temporary and permanent easement is necessary for Site No. 3 and to finalize the Plans and Specifications and receive contractor bids. Quotes were received from McKinzie Metro Appraisal, LLC, and Meeks Appraisal and Consulting. For your information the two quote proposals and responses are attached. The appraisal services will fulfill all the requirements for a public acquisition, McKinzie Metro Appraisal submitted the lowest quote in the amount of $1,955. The work can be completed in 30 days. At this time staff has no prior experience working with McKinzie Metro Appraisal, however the firm is on a list of approved Appraisal firms to be used by MnDOT and Washington County. Through the solicitation process, the film has communicated to city staff, with confidence, that they are both qualified and experienced to perform the requested services. -- page 1 -- City Council Meeting November 3rd, 2010 I94 to 30th Street Trunk Sewer Improvements — Consider Authorizing Appraisal Services for Lift Station Site No, 3 Utility Easements Consent Agenda Item # 4 Meeks Appraisal and Consulting has submitted a proposal in the amount of $2,600. The work can be completed in two weeks. The City Engineer has previous working experience with Meeks Appraisal and Consulting, is familiar with their services and has confidence in their work product. RECOMMENDATION: Based upon the above information, it is recommended that the City Council authorize, as part of tonight's Consent Agenda, McKinzie Metro Appraisal, LLC to complete Appraisal Services in the amount of $1,955, per the attached quote and scope of services. 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 and deliberation prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to authorize McKinzie Metro Appraisal, LLC to complete Appraisal Services in the amount of $1,955, for the purposes of negotiating and acquiring the Lift Station Site No. 3 temporary and permanent utility easements for the 194 to 30th Street Infrastructure Project. [as discussed, amended and/or modified at tonight's meeting]." ATTACHMENTS: (2) 1. McKinzie Metro Appraisal — Quote and Response 10-27-2010 2. Meeks Appraisal and Consulting — Quote and Response 10-27-10 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion . ........ ..... ...... ...... . ................ Mayor & City Council Discussion .......,. ......... ................. ....... .........„........ Mayor & City Council Action on Motion ....... . .............. .....,.,............... ..... Mayor Facilitates 1 -- page 2 -- John W. G�� ". 1 I'l'l I'l " . . . From: Rhonda o.m @mckinziemetroa ppre ism Loon' � Sent: Wednesday, October 27.2O1011:64AN1 To: John VV.Griffin Subject, RE: Lake Elmo Utility Easement Appraisal Quote To Jack Griffin, City Engineer City of Lake Elmo From: Gerald A. McKInzie, A,G-A. McKinzie Metro Appraisal RE: Appraisal Pm/ Project 13587.00 +y4muJUr'Street Trunk FnncennmM Sewer Improvements LSSite 3Utility Easements Dear Mr. Griffin, Thank you for giving McKinzie Metro Appraisal the opportunity to provide this proposal. This |wmvery challenging appraisal because |tinvolves the common ground ofotownhon1$development, owned bvthe townhomeaoeooimtiun. ' Such land areas, (the common grounds of a townhome development), are not bought and sold in the marketplace. I have recently completed a very similar appraisal for a partial acquisition for Anoka County, That appraisal involved common ground lands of a townhome development In Ramsey, MN. VVehave conducted some research onthe property from public records, We will complete our appraisal in full accordance with all the requirements of public acquisition appraisals. VVepropose toprovide 3copies hoyou for afee of$1.Q55.O0. VVewould beprepared totestify insupport of our appraisal Ifthat should become necessary, Our testimony rate ia$125.DOper hour, }6day minimum, We look forward to working with TKDA and the City of Lake Elmo, if our proposal is found acceptable. |fweare selected toperform this appraisal,wexviUneed the beginning and end dates for the temporary easement, and will likely have some additional questions. Thank you again for the opportunity ofthis proposal. G|ncmna/y. Gerald A, McKinzie John W. Griffin From: Rhonda Mabry Frhondasn@mckinziemetroappraisalcomi Sent: Wednesday, October 27, 2010 1:18 PM To: John W, Griffin Subject: RE: Lake Elmo Utility Easement Appraisal Quote Jack, Will 30 days work for you and the City of Lake Elmo? Jerry McKinzie McKinzie Metro Appraisal, LLC 1284 East County Road E Vadnais Heights, MN 55110 rhonda.m@mckinziemetroaporaisal.com 661-426-7144 651-426-9458 (fax) •WrInInmponw•Fra. roWnen• „ From: John W. Griffin [mailto:jack.griffin@tkda.com Sent: Wednesday, October 27, 2010 12:32 PM To: Rhonda Mabry Subject: RE: Lake Elmo Utility Easement Appraisal Quote Thank you for your proposal. If accepted by the City, when could you have the work completed by. I apologize that I forgot to request this originally. Thanks — jack gtiffin John (Jack) W. Griffin, PE Vice President, Municipal Services TKDA 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 (651) 2924552 dirI (651) 292-0083 fax (651) 323-8069 mobile Jactcariffineetkda.com I www.tkda.com Expert resources from a single source for over 100 years, From: Rhonda Mabry [mailto:rhonda.m@mckinziemetroappraisacom] Sent; Wednesday, October 27, 2010 11:54 AM To: John W. Griffin Subject: RE: Lake Elmo Utility Easement Appraisal Quote To: Jack Griffin, City Engineer City of Lake Elmo From: Gerald A. MoKinzie, A.S.A. MoKinzie Metro Appraisal RE: Appraisal Proposal Project 13587,00 TKDA MEMORANDUM To: Jerry McKinzie McKinzie Metro Appraisal Copies To: 444 Cedar Street, Suite 1500 Saint Paul, MN 65101 (651)292-4400 (651) 202.0083 Fax vAriatitd a .com Reference: City of Lake Elmo 1-94 to 30th St, Trunk Forcemain Sewer Improvements LS Site 3 Utility Easements From: Jack Griffin, City Engineer Proj. No.: 13587.000 Date: October 25, 2010 Routing: The City of Lake Elmo is requesting a quote to complete an Appraisal for the purposes of acquiring both a temporary and permanent utility easement as described below. Should you have any questions, please feel free to contact me at 651.292.4552. Please provide your quote directly to my attention. The City of Lake Elnao is preparing the final plans and specifications for the 1-94 to 30th St. Trunk Forcemain Sewer Improvements project, extending sanitary sewer service from the MCES interceptor sewer at 1-94 and Lake Elmo Avenue to the south edge of the Village Area along 30th Street, As part of the proposed project, a lift station will be constructed on city owned property, PID 1302921430006. In order to connect the lift station site to the trunk sewer facilities, both a temporary construction easement (approximately 8,000 s.f.) and a permanent utility easement (also approximately 8,000 s.f.) will need to be acquired from the Elmo View Tovvnhome Association. The utility easement will need to accommodate public utility infrastructure, including a gravity sanitary sewer pipeline, a forcemain sewer pipeline and a watermain pipeline. The property parcel ID for the easement acquisition is 1302921430005. Please see the attached easement acquisition map for additional information. The Elmo View Townhouse Association includes the following properties in Lake Ehno, Minnesota: 3010 Lisbon Ave N, 3020 Lisbon Ave N, 3030 Lisbon Ave N, 3040 Lisbon Ave N, 3050 Lisbon Ave N, arid 3060 Lisbon Ave N. A detailed legal description and exhibit will be provided by the city. Attachments: 1, Property Parcel ID information from Washington County. 2. Proposed Easement Acquisition Map with proposed improvements. An More Owned Company Promoting Affirmative Action and Equal Opportunity NOTE_ PRELIMINARY PLAN - VtT AND DELINEATION AND SOIL BORIKG INFORMATION MAY REQUIRE SOME MODIFICATIONS. CITY CWNED PARCEL G..000C-: 4130292143C006 A -A ELMO VIEW TOWNI4ot1sE ASSOC PARCEL Gc:Rz10E #1302921 1.3Ooo5 REID PARK PRQJ. NO.13857.020 LAKE ELMO. MINNEESOTA. JUNE.2008 TEMPORARY CONSTRUCTJON EASEMENT TOTAL - BODO SQ.FT. PERMANENT CONSTRUCTION EASEMENT TOTAL = 8000 SOFT. FLMO V Esi 1 TOWI HOUSE. ASSOC. PROPOSED EASEMENT ACQUISITION 1302921430004 0 Li! 2- EL Et <0 _1 Lij E I3G2221340001 CITY OF LAKE ELMO 1302921430006 ELMO VIEW TOWNHOUSE ASSOCIATION 1302921430005 3OTH STREET NI 3060 Lisbon Ave 14302921430012 3050 Lisbon Ave 1302921430011 3040 Lisbon Ave 1302921430010 3030 Lisbon Ave 1302921400009 3020 Lisbon Ave 1302921430006' 3010 Lisbon Aye 1302921430007 AV. SBON AVE N 3075 Lisbon Ave 1302921430003 1302.921 43Grio2 ,41'-,/.110N76 John W. Griffin " From: Kevin Meeks [ ,net] Sent: Tuesday,October 26.031O3:54PM To: John W. Griffin Subject- RE: Lake Elmo Utility Easement Appraisal Quote DearJack, I recommend that we just appraise the outlot where the proposed easements are being located. | had asimilar case recently xvhar* | was hired by the association and wewent that route. ( think it would be up to the Individual property owner to argue that their property is being damaged bxthe taking, and If that were the case, we could address the Issue atthat time. My fee toprepare mbefore and after Summary Appraisal Report pertaining to the proposed easements b$2,600,and | can have bcompleted within two weeks from the time ofengagement. Please let moknow Ifthese terms are acceptable, or If you have any questions, and if so I will send you an appraisal engagement letter, Kevin T. Meeks Meeks Appraisal & Consulting,|mc. 3144 Hin Avenue, 8Ube202 Minneapolis, MN 55408 T: 612'822-7999 P:G12-822'TO77 From: John V%Griffin [maUto @tkdmzoml Sent: October 26,2D1D3,ZGPq To: Kevin Meeks Subject: RE: Lake Elmo Utility Easement Appraisal Quote The Outlot does not have any potential to further subdivide, We have had the City Planner review this, I am not real sure how to answer your other questions, but my feeling is that we onjy need to appraise the Outlot individually. Our interest is in identifying a fair market value to offer for consideration of the requested easement. Thanks — jAuh, qWf#n John (Jack) W, Griffin, PE I Vice PresIdent, Municipal Services TKDA 1444 Ceder Street, Suite 1500, Saint Paul, MN 55101 Export resources from asingle source for over 1noyears. From: Kevin Meeks [moDtn: net Sent: Tuesday, October 26/ZD10Z:Z7PM i To: John Nk GrIffin Subject: RE: Lake Elmo UtIlItyEasannmntAppraisal Quote Dear Jad(, I've reviewed the Information you provided regarding the City of Lake Elmo's plans and specs for the 1-94 to W'St Trunk Forcemain Sewer Improvements project and have the following question: 1. Although the proposed easements are limited to being located only on the Elmo View Townhouse Association's outlot, do you need before and after valuations of the six townhomes that are located Just to the east of the easement areas, as they have an ownership in the Association's common areas? If I appraise just the Outlot, one of the first questions I'll research ts whether or not the outiot has potential to be developed withadditional units before and after the proposed taking. | suspect that the wut|ntdoes not have development potential In either Instance, but will have to research It, |fn1yappraisal istoconsider the effect of the taking on the six townhomes located adjacent to the easement areas, then I'll need toappraise the oudmtindividually, aswell as prepare useparate report for each Vfthe townhomes. Please advise as to whether you wantjust the outlot appraised, or if you also want the townhomes appraised. Kevin T, Meeks Meeks Appraisal 8Consulting, Inc. 3144 Hennepin Avenue, Suite 202 Minneapolis, MN 65408 From, ]ohnVV. orKfIn@*da,conm Sent; Monday, 0ctoher2G 20104-08PM To; meeksCcopro-ns.net Lake Elmo Utility Easement AppraisalQuote Kevin, Please see the attached and contact me should you need any additional information. Thanks~�� "�� " ,P John (Jack) W, Griffin, PE I Vice President, Municipal Services TKDA 1444 Cedar Street, Sulte 1 5oo, Saint Paul, MN 55101 TXX Expert resources froxnosingle source for over 1Uoyears. TKDA GINtEEIThM11 • PRCHITCCTUIlL • PLANNING The right thee, The right people, The right oempany MEMORANDUM 444 Cedar Street Sulte 1600 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0062 Fax twav,tkertcom To: Kevin Meeks Reference: City of Lake Elmo Meeks Appraisal & Consulting 1-94 to 30th St, Trunk Forcemain Copies To: Sewer Improvements LS Site 3 Utility Easements From: Jack Griffin, City Engineer Proj. No.: 13587,000 Date: October 25, 2010 Routing: The City of Lake Elmo is requesting a quote to complete an Appraisal for the purposes of acquiring both a temporary and permanent utility easement as described below. Should you have any questions, please feel free to contact me at 651.292.4552, Please provide your quote directly to my attention. The City of Lake Elmo is preparing the final plans and specifications for the 1-94 to 30th St. Trunk Forcemain Sewer Improvements project, extending sanitary sewer service from the MCES interceptor sewer at 1-94 and Lake Elmo Avenue to the south edge of the Village Area along 30th Street. As part of the proposed project, a lift station will be constructed on city owned property, PID 1302921430006. In order to connect the lift station site to the trunk sewer facilities, both a temporary construction easement (approximately 8,000 s.f.) and a permanent utility easement (also approximately 8,000 s,f,) will need to be acquired from the Elmo View Townhome Association. The utility easement will need to accommodate public utility infrastructure, including a gravity sanitary sewer pipeline, a forcemain sewer pipeline and a watermain pipeline. The property parcel ID for the easement acquisition is 1302921430005. Please see the attached easement acquisition map for additional information. The Elmo View Townhouse Association includes the following properties in Lake Elmo, Minnesota: 3010 Lisbon Ave N, 3020 Lisbon Ave N, 3030 Lisbon Ave N, 3040 Lisbon Ave N, 3050 Lisbon Ave N, and 3060 Lisbon Ave N. A detailed legal description and exhibit will be provided by the city. Attachments: 1. Property Parcel ID information from Washington County. 2. Proposed Easement Acquisition Map with proposed improvements. An Employee Owned Company Prompting Nfirmallve Action and Equal Oppotrialliy NOTE PRELIMINARY PLAN — WETLAND DEEINEA1TON AND SOIL BORING INFORMATION MAY REQUIRE SOME MODIFICATIONS. rare omm PARCEL GEOCOOE 41302021430006 EL610 MEW TOWNHOUSE ASSOC. PARCEL. GEOCOOE 41302921430005 TEMPORARY CONSTRUCTION EASEMENT TOTAL = BDDD SQ.FT. PERMANENT CONSTRUCTION EASEMENT TOTAL = BDDO SQ.FT. 012' PT MO VIEW TOWNHOUSE ASSOC. PROPOSED EASEMENT ACQUISI'UON 1 3 029,214300,04 1302:,...`,2134M<31 CITY OF LAKE ELMO 1302921430006 ELMO VIEW TOWNHOUSE ASSOCIATION e2921430005 /-tki;',-,..r.1 4f-• , • 30TH STREET N 3060 Lisbon Ave 130292143001.e 3050 Lisbon Ave 1302921430011 3040 Lisbon Ave 130292143001C: 3030 Lisbon Ave 102921400 3020 Lisbon Ave i 302921430006 3010 Lisbon Ave 1302221430007 z 0 0 Cr) 1302R2143CZO3 5 c 9 1302Zh2-; 4:30002 MAYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: MOTION 11/03/2010 5 As part of Consent Agenda RESOLUTION 2010 — 059 AGENDA ITEM: Consider Authorization to Apply for the MnDOT Community Roadside Landscaping Partnership Program and Authorizing the Primary Contact SUBMITTED BY: Kelli Matzek, Planner THROUGH: Bruce Messelt, City Achninistrato • REVIEWED BY: Kyle Klatt, Planning Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider as part of tonight's Consent Agenda Resolution 2010 - 059 authorizing the submittal of an application to participate in the MnDOT Community Roadside Landscaping Partnership Program and to authorize Kelli Matzek from the Planning Department to serve as the Primary Contact Person for the application. This resolution is required by MnDOT as part of an official application which is due December 31st for a spring 2011 planting. BACKGROUND INFORMATION: The MnDOT Community Landscaping Partnership Program provides a venue through which cities, residents, and the State work together on landscaping projects to beautify Highway rights -of -way. The State's funds reimburse for landscaping materials while the City staff and community residents provide the manual labor, Since 2007, the City has benefited from landscaping materials worth $22,891.45 being planted within the city limits through this grant. In 2007 alone, 60 trees were purchased through this program. The landscaping materials are completely reimbursed by MnDOT and are planted primarily by resident volunteers. The City Council has historically directed planning and public works staff to utilize time and equipment in managing the grant application and execution. The proposed project is located in two separate parts of the city, along State Highway 5. Although the planting would occur on two separate days and be done by two separate resident groups, MnDOT would prefer to process this as one project, as they are both proposed for the spring of 2011 and fall under the same application deadline. page 1 -- City Council Meeting MnDOT Landscape Grant Program November 3rd, 2010 Consent Agenda Item # 5 Area One is located on two sides of Highway 5 near the intersection of Highway 5 and Manning Avenue. The north side is an extension of the 2009 planting along Highway 5 adjacent to the Fields of St. Croix Second Addition development. The south side is across the street from the Fields of St, Croix Second Addition development and the 2009 planting. This is contiguous to a farmed property located within the defined Village Area and is bordering an area guided as open space/buffer area. The proposed planting would be complimentary to this future use and would be an asset to all neighboring properties. Area Two is located along the Wildflower Shores development, north of Highway 5, near the Public Works building. The residents are interested in planting trees for year-round visual and sound barriers to the traffic created by Highway 5. STAFF REPORT: Both City staff and the Community Improvement Commission are recommending the City apply for this grant to continue beautifying Highway 5 in 2011. Members of The Fields of St. Croix Second Addition and Wildflower Shores neighborhoods have attended preliminary meetings, reviewed the proposed landscape plans and are supportive of the proposed project. In addition, the farmers of the property at the Manning Avenue and Highway 5 intersection have been informed of the project and have verbalized support, but as of this writing, have not viewed the proposed landscaping plan. The Northern Natural Gas Line Company has been consulted as the planting is proposed to occur near the work that was performed in 2009 along their pipeline. Their request of no trees within 100 feet of the pipeline is being factored into the landscape plan and a small alteration will occur to the plan set. The proposed planting dates have not been set, but will occur in the spring of 2011. In addition, should the City Council wish to provide feedback or ideas regarding a signature tree or landscape design ideas for the Highway 5 route within the Village Area, the Council may recommend Village Area Landscaping be added to a future workshop agenda. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve as part of tonight's Consent Agenda Resolution # 2010-059, authorizing the City to apply for the MNDOT Roadside Landscape Grant and designating Ms, Kelli Matzek as the Primary Contact. 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 modify or amend the proposed activity prior to taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to approve Resolution 2010 - 059, authorizing the City to applyfor the MnDOT Roadside Landscape Grant and authorizing staff member Kelli Matzek as the primary contact [as amended and/or modified at tonight's meeting]. -- page 2 — City Council Meeting MnDOT Landscape Grant Program November 3rd, 2010 Consent Agenda Item # 5 ATTACHMENTS: 1. Resolution 2010 — 059 2. Location Map 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 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2010-059 A RESOLUTION AUTHORIZING THE APPLICATION FOR THE MNDOT COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM AND AUTHORIZATION OF A PRIMARY CONTACT PERSON WHEREAS, the City of Lake Elmo will act as the sponsoring unit for Phase II of the Fields of St. Croix Second Addition project and Phase I of the Wildflower Shores project on the State Trunk Highway 5 to be conducted during the period April through July of 2011, WHEREAS, Kelli Matzek is hereby authorized to apply to the Minnesota Department of Transportation for funding of this project on behalf of the City of Lake Elmo, ADOPTED BY the Lake Elmo City Council on the 3d day of November, 2010. Dean A. Johnston, Mayor ATTEST: Bruce Messelt, City Administrator I certify that the above resolution was adopted or approved by the City Council of the City of Lake Elmo on November 3rd, 2010. Signed: (signature) (title) (date) 7 LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 11/03/2010 REGULAR ITEM #: 6 PRESENTATION AGENDA ITEM: Unofficial Election Results — November 2010 General Election SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce A. Messelt, City Administrator REVIEWED BY: - NA - tY\ SUMMARY AND ACTION REQUESTED: It is respectfully requested that the City Council receive a brief presentation by City Clerk Sharon Lumby on regarding the unofficial (preliminary) election results from the November 2nd, 2010 general election. BACKGROUND INFORMATION & STAFF REPORT: City Clerk Lumby will give brief presentation on the preliminary results from the Tuesday, November 2nd, 2010 general election. Under Minnesota's new election laws, Minn. Statute § 205.185 subd. (3), the City Council is required to canvass and certify the official results between 3 and 10 days following a regular election. As a result, a Special Meeting of the City Council will be scheduled for Tuesday, November 9th, beginning at 6:30 PM; to be followed by the scheduled Council Workshop. RECOMMENDATION: It is respectfully recommended that the City Council receive a brief presentation by City Clerk Sharon Lumby on regarding the unofficial (preliminary) election results from the November 2nd, 2010 general election. ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS; Introduction of Item ......................... ..... ..... ...... ....... City Administrator Report/Presentation............... ..... ............ .............. . ...... ...,.......... .......... City Clerk Questions from Council to Staff ............ ....... ............ ..........„ Mayor Facilitates Public Input, if Appropriate Mayor Facilitates -- page 1 -- CITY ' LAKE EL MAYOR & COUNCIL COMM./NI/CAPON AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM #: DISCUSSION 11/03/2010 7 Assessment Policy — Review and Report on Draft Policy Jack Griffin, City Engineer Bruce A. Messelt, City Administrato Tom Bouthilet, Finance Director Dave Synder, City Attorney Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to receive a staff report on the draft Assessment Policy that has been prepared for and reviewed by the Assessment Policy Review Subcoinmittee, together with the City Administrator, City Engineer, Finance Director and City Attorney. The City Engineer will present the findings of the Assessment Policy Review Subcommittee and the details of the proposed policies. No formal action is required, though the City Council is asked to provide comments and direction to staff and the Subcommittee for finalizing the updated Assessment Policy. STAFF REPORT: On November 10, 2009, the City Council appointed an Assessment Policy Review Subcommittee and directed the Subcommittee to work with the City Administrator, City Engineer and City Attorney to review and develop an updated Assessment Policy for Public Improvements. Over the course of the past few months, the Subcon-nnittee has met, reviewed and updated the policy. In the development of the proposed policy, the Subcommittee established the following goals/objectives : A. To establish a policy that will have the properties that benefit from the public improvement pay as much of the cost of the improvement as reasonable, reducing the city's reliance on general property taxes. B. To remain fair and equitable for the benefit received. C. To be defensible, able to hold up against appeal. D. To balance the assessable costs to the benefitting properties with the city costs for the better good of the community. -- page 1 -- City Council Meeting Assessment Policy — Review and Report on Draft Policy November 3rd, 2010 Item No. 7 E. To promote public support for the city to install improvements deemed desirable for the betterment of the community. F. To be comprehensive and flexible, able to be fairly applied to differing circumstances. G. To deter the undesirable subdivision of land for the purpose of paying assessments. In addition, the Subcommittee identified that while Special Assessments remain an important financing tool for public infrastructure, they remain highly regulated and are becoming more and more litigated. Therefore policy recommendations were made to create a policy that is in greater conformity with current laws and practices. At a minimum, the following Statutory Rules were kept in mind: A. The assessments must be unifottn in relation to the other properties (fair and equitable). B. On the high end — The amount of the assessment is limited — it cannot exceed the increase in fair market value of the property (special benefit). And the assessment amount cannot exceed the cost of providing the improvement. C. On the low end — The total amount of the project to be assessed must exceed 20% of the total project costs, in order to purchase bonds to fund the improvements. The City Engineer will present the draft policy in detail and will outline and highlight significant discussion points and concerns in regards to the City wide policies and procedures. RECOMMENDATION: It is respectfully recommended that the City Council receive the presentation by the City Engineer and provide comments and direction for potential revisions to the draft Assessment Policy. No other formal action is required or requested at this time. ATTACHMENTS: DRAFT — City of Lake Elmo Special Assessment Policies and Procedures for Public Improvements SUGGESTED ORDER OF BUSINESS: Introduction of Item ..........,... Report/Presentation Questions from Council to Staff Discussion/Comments ....... Public Input, it Appropriate Direction from Council to Staff . „ ......... .....,....., .................. . City Administrator City Engineer Mayor Facilitates ....................., ............... Mayor & City Council Mayor Facilitates ................ ......,....,.. ..... Mayor Facilitates page 2 — CITY OF LAKE ELMO SPECIAL ASSESSMENT POLICIES AND PROCEDURES FOR PUBLIC IMPROVEMENTS Adopted by Resolution No. on: November XX, 2010 TABLE OF CONTENTS SECTION I; GENERAL POLICY STATEMENT ........................................................................ 8 GECT|C)NU: DEFINITION C)FIMPROVEMENTS ELIGIBLE FOR SPECIAL AGGEG8K8ENT..5 SECTION III: INITIATION C}FPUBLIC IMPROVEMENT PROJECTS ...................................... 7 GECT%]NV: GENERAL ASSESSMENT POL|C|ES.° .......... ........._..1O �� SECTION VI: K8ETH{]DSCJFAS��ESS�WENT..°��....._14 ��T%lNVU� ... 17 2 SECTION L GENERAL POLICY STATEMENT A special assessment is a levy on a property to defray the cost of public improvements. Chapter 429 of the Minnesota Statutes grants cities the authority to use special assessments as a mechanism to finance a broad range of public improvements. The primary purpose of special assessments is to have the properties that benefit from the p4i0 Improvements pay as much of the cost of the improvements as reasonable, thereby redikIng a city's reliance on general property taxes. However, Chapter 429 of the Minnesota StatUtes limits the amount that may be assessed to the increase in the market value o!p:a'property being assessed as a result of the public improvement. 3 4 • t The purpose of this Special Assessment Policy IstQ estapi0 a fair and*Witable manner of , recovering and distributing the cost of public improvements the procedures used by the City of Lake Elmo ("City") for levying specialaSSesSrnents are those specified by Minnesota Statutes § „ , Chapter 429, which provides that "all br a part Othe cost Of''Aniprovements may be assessed against benefiting propertiesThis assessment po)lpfisintendeciJo serve as a general guide for a systematic assessment proOess in the ef take Special Assessments nriUS(rneet tha-!following crltrIa A The;',1and rnbf.::hOyp received special bifjtfrom the improvement. B. The!:amount of the psmeiilApt not exceed the special benefit. C. The assessment must i*uniform in relation to the same class of property within the assessment area. It is important to recognize:that the actual cost of extending an improvement past a particular parcel is not the determining factor in determining the amount to be assessed. However, in most cases the method for determining the value of the benefit received by the improvement, and therefore the amount to be assessed, shall be the cost of providing the improvement, as long as the cost does not exceed the increase in the market value of the property being assessed. The entire project shall be considered as a whole for the purpose of calculating and computing an assessment rate. In the event City staff has doubt as to whether or not the costs of the project may exceed the special benefits to the property, the City Council may obtain such appraisals as may be necessary to support the proposed assessment. The City must recover the expense of installing public improvements undertaken, while ensuring that each parcel pays its fair share of the project cost in accordance with these assessment guidelines. While there is no perfect assessment policy, it is important that assessments be implemented in a reasonable, consistent and fair manner. There may be exceptions to the policy or unique circumstances or situations that rnay4aqtiire special consideration and discretion by City staff and the City Council. , 4 SECTION II. DEFINITION OF IMPROVEMENTS ELIGIBLE FOR SPECIAL ASSESSMENT This policy shall be applicable to those types of public improvements that are allowable under Minnesota Statutes §429.021. Generally the improvements include: A. Street and sidewalk improvements: Acquisitigh; construction, reconstruction, extension and major maintenance of any street and:Sidewalk and improvement of streets and sidewalks including base and subbase:, rpavement, gutters, curbs, and vehicle parking strips, paver cross walks, pedifitrian crosSirige, medians, beautification amenities, and street and sidewalk drainage systems. B Street lighting systems, Installation, regempfiCbxtension, thiifjpaintenance of „...4. street lights, street lighting systems, and speciat lighting systems. G. Parks, trails, open space areas, playgrounds, and44iireational facilities. Acquisition . , ...„ and improvernenef,,,land, andipurchae:;,--ot,pquipr11t and facilities, and the construction, btlstruotiOriand extension of ,.: Street trees. Planting, trim D. care, andoemoval. E. Potable a rworks systems c$onstruction, reconstruction, extension, and , 'Maintenance of viiatOr,supplY,',.ilyells and pump houses, water treatment facilities, storage tanks, and all compOplents ortf*, watermain distribution system network and related appurteriahces. F. Sanitary seVv4 syehiS. Acquisition, development, construction, reconstruction, extension, and matritehance of sanitary sewer conveyance and treatment systems. This may include sanitary sewers, interceptor mains, lift stations, treatment facilities and treatment systems, service connections, and other appurtenances of a sanitary sewer system. G. Storm sewer and drainage systems. Acquisition, development, construction, reconstruction, extension, and maintenance of storm water management facilities and storm sewer systems. This may include outlets, culverts, pipe systems, catch basins, holding areas and ponds, infiltration basins, rain gardens, treatment plants, pumps, lift stations, service connections, and other appurtenances of a storm sewer system. H. Nuisance abatement. Includes, but is not limited to, draining and filling swamps, marshes, and ponds on public or private property. Dikes and other flood control works. Construction, reconstruction, extension, and maintenance. Retaining and area walls, including highway:,poise barriers. Acquisition, construction, reconstruction, improvementeration, exte4ion, and maintenance. K. Malis, plazas, or courtyards. AcquisLion, construction, improvement, alteration, extension, operation, maintenance, aio prornoticn-of public malis. plazas, and courtyards. Parking lots. Acquisition or anstructtorl Qf parking facilities 6 SECTION 111. INITIATION OF PUBLIC IMPROVEMENT PROJECTS Public improvement projects may be initiated in the following ways: A. A public improvement project may be initiated by petition of at least 3 of he affected property owners. B. Public improvements may be initiated by the City Council when, in its judgment, such action is required. A resolution ordering any '646ficil Ariltiated improvements requires a 4/5th vote, rather than a simple majority. 7 SECTION IV. PUBLIC IMPROVEMENT PROCEDURES The following is the general procedure that will be followed by the City Council for all public improvement projects from initiation of such a project through certification of the assessment role to the County Auditor. The City Council reserves the right to alter the procedure on a case - by -case basis and within the context of Minnesota Statues § Chapter 429. c'xi Improvements of different kinds anywhere in the Cit t',',be included in a proceeding and conducted as one or more improvements. Thus a sne proceedjpg may encompass sidewalk, curb and gutter, and water and sewer mains instaiteCl'anywhere in the City. A. Staff reviews petition for local improVeMepts from property owhers and submits the petition to the City Council, or the City Countii.‘,pasSefra resolution ordering a Feasibility Report on the improvement,',': B. Council accepts or rejects the pe*ipnIf accepted, the Council orders the preparation of a Feasibility Repe improverriant. The Council may condition further action on the recovery of c assoc eb:with the project Feasibility Report. C. Staff prepares a Feasibility, Report on the proposed improvements, or reviews the report ubmitted by another agericy/repi'esentatives,'- , D.D CounQil accepts or rejects the Feasibility Report. If accepted, the Council orders a public hearii4'on the improvements. E. Staff publiShea'a hearing notice and mails notices to the affected property owners. Council conducts improvement hearing and adopts or rejects a resolution ordering the improvement and the preparation of plans and specifications. Bonds to finance project costs may be issued at any time after the improvements are ordered. G. Staff prepares final plans for Council approval. Council approves the plans and authorizes the advertisement of the improvements and the opening of Bids. 8 H. Staff receives bids, prepares a bid tabulation, and makes a recommendation to the City Council for Award, Council rejects the bids or awards a contract based on the bids received. 1. Performance of the work under contract is completed. Staff supervises construction, prepares payments, and completes the improvement project. J. Staff prepares an assessment roll and presents it to tbepouncil. K.: Council reviews the assessment schedule and'Orderean assessment hearing. Staff publishes a hearing notice, mails1 e notice of hearing, date and the proposed assessments to the affected property oWners. Council conducts assessmenthearing, adopte,-reviSee(or rejects the res9 futon adopting the assessment roll. If adopted Council authoriZeS,:certification of the assessment to the County Auditor. N. Staff certifies the assessments to the;;CountyAUditbr. * Note: At Council's discretpn, Item G,May be carried out in advance of the improvement hearing. rri6y be carried out in advance to Council , Kkite:'''At',gbyriC11.1 s discretion, award and COftetructing the irnprov SECTION V. GENERAL ASSESSMENT POLICIES The cost of any improvement shall be assessed upon property benefited by the improvements, based upon the benefits received. The following general principles shall be used as a basis of the City's assessment policy: A. It is the general policy of the City of Lake ElmoI;Ito''require future development in accordance with the City Comprehensive Plarvand;fOr;new areas of development in an orderly manner, typically contiguous to existir10,46veloprrient areas. It is also the general policy of the City of Lake Elmo to require 'all new deve[600ent areas to provide for adequate public infrastructure at the daVeloper's sole expenseand in accordance with the City Comprehensive Plans and Desigri'Standar03:;i 2 • B. The use of special assessmentSVIILlypically be'-a,niployed by the City 10 finance needed , public improvements (e.g. parks and trails, sidecit;t-alks, water, sewer, and street improvements) n,,certain areas that have previously beel,i:developed without all needed infrastructure61tfo-repaCand/or replace aging infraStructure. _ , The "project cost" of an improvement inc]udes the costs of all necessary construction 4, • work,,,retfuired to aCcOmPliSh';',tha improvernant, plus engineering, legal, administrative, , „ and other contingent costs, acquisition of right-of-way, easements nd :,.other properly The financing charges include all costs of financing the project. The'? costs include,*t are not :iii!-nited to, financial consultant's fees, bond attorney's fees, ant'Ecapitalized intarest. When the project is started and funds are expended prior to receiving ihe-,,proceeqS' from a bond sale, the project may be charged interest on the funds expendedf,roxri:,;,The date of expenditure to the date the bond proceeds are received. The interat rate charged will be the average interest rate earned by the City's investments during the six months preceding the receipt of the bond proceeds. The interest charged to the project shall be included as financing charges. D. The "assessable cost" of an improvement is equal to the "project cost" minus the "City cost". E. The City of Lake ;Elmo will charge interest on Special Assessments at a rate specified in the resolution. If bonds were sold to finance the improvement project, the interest rate 10 shall be two percent (2%) more than the average coupon interest rate of the bonds, rounded to the nearest quarter of a percent. If no bonds were sold, the interest rate shall be set at the rate allowed by State law. F. Pre -payment. The City will certify each year's collection (principal and interest) to the County Auditor by November 30th. The owner of any property that is assessed may pay their assessment in full, interest free for a period of .3Q,days after the adoption of the assessment. After such period interest shall be con1Puted from the date specified in the assessment resolution, The owner of any property that is assessed may also, at any time prior to certification of the assessment v-the first installment thereof to the county auditor, pay the whole of the assessment On such property to the City, with interest accrued to the date of payment. In any subsequent year, the owner may at any time prior to November 15, prepay to the Cif's/Me whoOssessment4,emaining due with interest accrued to December-31 of the year in'WhiWsaid prepayment is,16eing made. G. Where an Improvement Is designed for Service of an area beyond that of direct benefit, increased project to suOnproviSiehS:lor future-SOrvice extensions may be paid for by the City The ',City will leVyasseSSrhentS,to cover this cost when a new improvement is installed asn extensied,,4 the existing improvement. As an alternative, the City may assei4',,these,-ddateId the arkipt future benefit immediately. H. Where the Projeet. cost 'Or an innprOiernOnris not entirely attributable to the need for ervice to the area;'Seryed 1551,4'.aid improvement, or where unusual conditions beyond the contl'aof the ownerSOhtie prolirty in the area served by the improvement would result in an inecitiitable distribOon of special assessments, the City, through the use of other funds, may pOtsuch "Orpcost" which, in the opinion of the City Council, represents the excess cost not'direotly4ftributable to the area served. 1. If financial assistance is received by the City from the Federal Government, from the State of Minnesota, the County, or from any other source to defray a portion of the costs of a given improvement, such aid will be used first to reduce the "City cost" of the improvement. If the financial assistance received is greater than the normal "City cost", the remainder of the aid will be applied according to the terms of the assistance program or at the Council's discretion. 1 1 City -owned properties, including municipal building sites, parks and playgrounds, but not including public streets and alleys, shall be regarded as being assessable on the same basis as if such property was privately -owned. K. Improvements specifically designed for or shown to be of direct benefit to one or more properties may be constructed by the City. The costs for these improvements will be assessed directly to such properties, and not included in the assessments for the remainder of the project. An example of this would bo utility service lines running from the main lines to the property. Benefit Appraisals: In the event that Q44staff has doubt as to whether or not the proposed assessments exceed the special benefits to the property in question (increased property value as defined bi;ate law), the City Counbil may order benefit appraisals as deemed necevery to support the proposed assessments.v= A property owner may elect, to, offset Special •Assessments against condemnation awards by executing a Net Assessment Agreement withlbe City Council. N. Assessment„Deferral Procedure for 'Green-,*res PaiOets: In cases where improvement projects are determined to f:ienefit prope= ies that have been certified to qualify for Green Acres. exemption, iheCityzWill:determinelhat portion of the project cost that benefits Iffose'briipertiee, and finance that portion dtithe project cost as a system cost. During ttie=iperiod of defenel.„ interest shall be applied annually to the unpaid principal balance of theirdeferred amount at the rat established on the original special assessment, or as adopted by of the City Council at the time the original assessment is adopted. Once the benefiting properties no longer qualify for Green Acres status, the City may recover the unpaid -pnribipal balance plus interest either through assessments or connection chargee:'-' 0. Assessment Deferral for Hardships: The City Council will consider deferment for the payment of special assessments on any homestead property, owned by a person 65 years of age or older, or retired by virtue of permanent and total disability. A hardship may be deemed to exist when the annual principal installment of all assessments levied against the property exceeds two percent (2%) of the adjusted gross income of the applicant as evidenced by the applicant's most recent federal income tax return, and 12 total assets (excluding the homestead property) do not exceed six times the adjusted gross income. The City Council may also determine, on a case by case basis, the existence of a hardship on the basis of exceptional and unusual circumstances not covered by these standards and guidelines, if done in a non-discriminatory manner and without giving the applicant an unreasonable preference or advantage ovoother property owners. During the period of deferral, interest shall be applied annually to the unpaid principal balance at the rate established on the oripiriaViSpeciaki:assessment, or as adopted by resolution of the City Council at the time.tkitaitiginal assessment is adopted. The deferment shall terminate and all'Oyinciple and interest beCOMes due and payable upon the occurrence of any of the followingfeyerA itS:',:i. The deati-i'dttbe owner when -.-., . . .,..„ .., there is no spouse whom is':61.41PIP for deferrne-rit',.Z The sale, transfer or subdivision of the property or any part thereof, 3.:'The property should lose its homestead status, 4. The City Council should determine hardship h that the.;::Olonger exists. A review of the .- hardship will be conducted every three to five:.:yearS;,, 13 SECTION VI. METHODS OF ASSESSMENT A. GENERAL POLICY STATEMENT The City of Lake Elmo has adopted the following three methods for assessment of public improvements: fixed cost unit, adjusted front footageand by area method. For any particular project one of these methods will more-laidequately reflect the true benefits received in the assessment area than the t)1,0;b14ods, The City Engineer, in his Feasibility Study to the Council, will recomme4ge c:`:i::-c9mbination of these methods for each project, based upon past praottole:e'''and the methikfrthat would best reflect the benefit received for the area to be aeeessed. The City CounCirkli select the preferred method of calculating the assessments at the time the project is ordere The general rule is to asses-kplatted residential Itits using the "unit" assessment basis, however, where platted residential 16M::do not reflebta-„general similar size and shape, consideration will be given to an'adjustad'frOnt400tage.basis. Commercial, Institutional and industqf.,4Ott‘ assesSed:-,orvaniadj(ieted front footage basis; however, consideratio&Will be giventO a "unit" aeaeeernent if the special benefit to the property in the district is eeeehtially..the same. Thernethods of assessment outlined within this pplict*:(0:50,jptendett -0 be ari-eXfiaustivellst of acceptable approaches. The Council iay adopt alternative approaches as they deem necessary to fairly and equitably allocate assessmentejor unique situations. B. ASSESSMENT METHODS „ The following rftethodsi'of assessment, as described and defined below, are hereby established as the oTlioial methods of assessment in the City of Lake Elmo: Fixed Cost "Unit" Method of Assessment When it has been determined to assess by the "unit" method, all lots within the benefited area shall be assessed equally for the improvements. The "fixed cost per unit" shall be defined as a quotient of the "assessable cost" divided by the total assessable lots or parcels benefiting from the improvement. 14 For the purpose of determining the "units" or "parcels", all parcels, including governmental agencies, shall be included in such calculations. When large lots can be subdivided into more than one lot, the number of assessable lots attributed to that parcel will be determined from the number of potential future lots that could be obtained using current subdivision regulations. For multi -family, commercial, industrial and insllyitional properties, the number of fixed units assigned to the property may be determined by an equivalent "residential" factor representing the prOpertieSs:OSe; compared to a single family , residential home (e.g. SAC units,WC'units, or standard traffic generation units). 2, "Adjusted Front Footage" Methcriet prAssessment When it has been determinedto asses[s:ty;tliAdjusted Frontgptage" method, .. _, the "cost per adjusted front foot", or assessment rate, shall be defined as the quotient of the "assessable cost" divided'7147:the total assessable frontage benefiting,,from the impi'oemeni?' itp.e,:, asseS6rnent for each parcel is then obtained by ifthitiPlying the aOessr4ht raialtimes the adjusted front footage for each property. For tie purpose of determining the "assessable frontage", all properties,'PP!ildingd9y9rnmentaf,agencies, shall have their frontages included 401(nAalculatiOn: ' •:,,y,,,,,,, q ,,; . : The actual Oysical'irnensions of a parcel abutting an improvement (Le., street, ,, ewer, water,' 0.110.,) shalr:Kg be construed as the frontage utilized to calculate ,..,', the assessment a particular parcel. Rather, an "adjusted front footage" will be deterMjned. In Age; Adjustment Front Footage method, odd shaped lots are -'1,,..,.'A, .,.,,-,!',', .'-- adjusted an' footage that would be the equivalent to the frontage of a rectangular shaped lot of the same area and depth. The purpose of this method is to equalize assessment calculations for lots of similar size. "Area" Method of Assessment When it has been determined to assess by the "area" method, the area shall be defined as the number of square feet or acres within the boundaries of the appropriate property lines of the areas benefiting from the project. The assessment rate (Le. cost per square foot) shall be calculated by dividing the 15 total assessable cost by the total assessable area. The assessment for each parcel is then obtained by multiplying the assessment rate times the benefitting area of the parcel. On large lots, the City Engineer may determine that only a portion of the lot receives the benefit and may select a lot depth for the calculations equal to the benefit received. For the purposes of defining assessable areas, all properties included in the benefited area, including other governmeptaLareas, churches, etc. shall be included in the assessable areas. The0511OW.,ing items may not be included in area calculations: public right-of-waye„ hatural viaterways, swamps and lakes or other wetlands designated by,,t,f0vin/DNR. The City, Engineer will make the recommendation on the benefiiedarea in the Feasibility Report. 16 SECTION VII. POLICIES OF REASSESSMENT The City of Lake Elmo, in constructing or reconstructing any public improvement, shall design such improvement to last for a defined period. The life expectancy or service Iife shall be as stated in the policy statement of this section, or if different, shall be as stated in the Resolution ordering the improvement and preparation of plans. Wherkaulph project needs renewing or replacement prematurely, the amount to be assessed:490st the property owner shall be limited to an amount determined by dividing the actual e'lef-the original improvement by the expected service life of the original improvement. A. POLICY STATEMENT The following are hereby established as the --'liferepectancies" or-i"4ervice lives" of public improvements unlesS,'Otherwise stated irflthe Resolution ordering improvement , and preparation of plans, in whiCh..caSell':the Iife set forth in the Resolution shall govern, 1. Sidewalke*aTrqils - 15 years , 2. Street-linprovement4includingsudacing and curb and gutter - 20 years 3. Street Lighting- gp'oprA,.: thierPatains and*purtendn604,,r4a*ears Sanitary Sewers anPrAppyrtenances - 40 years 6. Storm Sewers and Appurtenances - 40 years 7. Mechanical and Electrical Systems, Pumps and Controls - 15 years ' • 17 SECTION VIII. DETERMINATION OF ASSESSABLE COSTS A. STREET IMPROVEMENTS Street Improvement assessments, including paving, curb & gutter, and related street drainage systems are normally levied over a 1 0-year period. Low Density residential properties will be assessed if the property has direct access to the Improvement. High Density Residential, Commercial, and Industriar,POperties will be assessed if the property abuts the improvement. New Street Improvement ConsfkgotiOn and Paving All new street improvements will .156-Assessed1.00% to the benefited properties when the improvemeriOncludes a "NeOr:'.;p0eet For new storn6&I'nage systems, adding curb and gutti;44i&paying gravel roadways, the "NevV1 improvement will be assessed 100%, while the baaec,,subbasa and other in place elements will be assessecldefihed under Street 2. Localtirp,at Improvements :Local stred*prevefrehts and paving shall be assessed based on the minimum f91*-s,ign standard detalfr-44:p,avernent section and will normally be assessed by the unit method; other methods may be considered. Oversizing costs ,which are incurred in'exqess of the above may be paid by: (1) State Ald Funds, assessment rate to properties,. (3) general obligation bonds, or (4) any othartripthod or combination of methods authorized by the City Council Collectdr=and,*foria1 Street Improvements Collector and arterial street improvements shall be assessed to a broader property benefitting area with the area to be determined by the City and approved by the City Council. Residential properties located along collector and arterial streets will be assessed to the equivalent local City standard street cost. All street-oversizing costs associated with collector streets will not be assessed to residential properties. 18 4. Street Reconstruction Improvements All residential street reconstructions shall be 30% assessed to the benefitting properties and will normally be assessed by the unit method. Street reconstruction improvements in Commercial, Business District, Institutional and Industrial areas shall be assessed 100% of the total project costs or determined on a project -by -project basis, --! Street Maintenance Overlays and Seal Coaling' Bituminous overlay projects, bituminous seal coats, patching, crack sealing, fog „ sealing, and filling potholes will not assessed when completed as part of the street system's "life cycle" maintenance activities. B. SIDEWALKS, TRAILS, AND BIKEWAYS Assessments for sidewalk, trails d,.bikeway improvements are levied over a 10-year period. The City may install sidewalks, trails or bikeway improvements in accordance with the City Comprehensive Plan for the cOMMualty, or fOr.,:,council directed purposes, in which case the. City may:not assess4ile.jrtiprOvementai At council discretion, sidewalk, trail and bikeway improvements may be fully or partially funded as part of a street constructjon/reconatructionasSessment, through park dedication fees, using Municipal , State Aid-fUnding, Capital intrastruOttired ndthb, or general tax levy funds. New ConstidOon New sidewalks, trails ancl%6ikeway improvements will be 100% assessed to the ... beriefitting propeft:10s based upon the adjusted front footage. 2. Reconstruction Replacement sidewalks, trails and bikeway improvements will be assessed 30% to the abutting residential properties and assessed 100% to the abutting commercial, industrial, and institutional properties. C. LANDSCAPING / STREET BOULEVARD TREES Landscaping and street boulevard tree improvements may be assessed as determined by the Council for each specific project. 19 D. STREET LIGHT IMPROVEMENTS Street Light improvements may be assessed as determined by the Council for each specific project. E. TRANSPORTATION IMPROVEMENTS All costs associated with traffic and transportation related Improvements, such as widening of a roadway for turn lanes, additional driving lanes, on -street parking, traffic calming, and traffic signalization may be assesseiVi 009/0 to the benefiting properties. F. STORM SEWER AND DRAINAGE FACILITY IMPROVEMENTS Storm sewer and drainage facility imprOVements shall be considered and incorporated .z > as part of street improvement projects and assessed as part of the4itioject and levied over a 10-year period. StorrryiSeWer and drainagefacility improvements completed as independent projects will normally beassessed by the area method taking into account each parcels land„use and rate of runoff as determined by'.':the City Engineer. z, New Sewer and Dralnage•,FaCility Improvements New storm sewer aid drainage facility improvements installed in conjunction with new street eqn,S1t6i6lierf:4nere no storm sewer previously existed will be asseSsidlocr/o-'1,ancl be inClared in the street assessment to benefiting properties. If fealties are oversized to accommodate drainage from areas Outside the street improvement assessment area, the additional costs may be assessed to the,';:fe'roperties in the contributing area. Their assessment will be determined by the area method based on the contributing area of the parcel(s) taking int6-40C66nt the land use and rate of runoff. 2. Replacement and Major Maintenance of Storrn Sewer Improvements Any replacement costs or reconstruction of existing storm sewers and drainage facilities in conjunction with street reconstruction projects will be assessed 30% and be included in the street assessment to benefiting properties. If the facilities are oversized to accommodate drainage from areas outside the street improvement assessment area, the additional costs may be assessed to the properties in the contributing area. Their assessment will be determined by the 20 area method based on the contributing area of the parcel(s) taking into account the land use and rate of runoff. G. SANITARY SEWER IMPROVEMENTS Assessments for sanitary sewer improvements shall be based upon the cost of construction of 8-inch sewer mains. Oversizing costs ,due to larger mains and larger appurtenances and/or extra depths required to servi*future development, and major trunk sewers or interceptors will not be assesseq'arid,!will be "City system costs" funded out of the Sanitary Sewer Reserve Fund. Normally, sanitary sewers will be assessed , using an adjusted per lot method; with:,#):0`''adjustment made using the Metropolitan Council calculation to establish a residehlial equivalent unit (REQ). Normally, sanitary sewer system assessments are levied oVe(4,20-year„period. Street improvements and major street maintenance that are completedas part of utility replacement projects and haS:-:,6fled0p.ty accelerated the replacement of the street before It's expected useful life, hall be ,funded throughOhe Sanitary Sewer Reserve Fund in proportbriUthkrsmainingOesign Itfeeffhe steer' , *, Interco' ibtOr SewerSystem vr';0'n ,171p,:4Nletropolltaw.Gtibheil ',Epyironri*ja Services (MCES) is responsible for the construction of the rr%rwpitor sewer system and for the wastewater treatment faCitity to ireat the sewage generated in the City of Lake Elmo. The .iMCES has established '4'.'$ewer Availability Charge (SAC) that is collected from each unit connected to the sanitary sewer system. The current charge per residential equivalent unit (REC) is collected, in full, by the City at the time of connectionqr,:-Ithe issuance of the building permit as part of the City's Sewer Availability Charge. The City collects this charge and passes the required portion of this fee on to the MCES. 2, Trunk Sanitary Sewer System The Trunk Sanitary Sewer System is constructed to serve the entire community or a larger service area and therefore is deemed to be of community -wide benefit. Trunk sanitary sewers, lift stations, and other trunk sewer system facilities shall be financed by a City Sewer Availability Charge (SAC) to be paid at 21 the time of connection to the City system with a City trunk system component and a pass through component to the MGES„ The City portion of the Sewer Availability Charge (SAC) on units existing at the time of construction may be paid in normally not more than 15 annual installments of principal plus interest on the unpaid principal balance at an interest rate set by the City Council. The Sewer Availability Charge (SAC) on units built after the sewer construction shdtildibe paid in full at the time the building permit is issued, Lateral Sanitary Sewer System The costs for lateral sanitary t ewers shall be fully *iassessed (100%) to the benefiting properties. Commercial;--111stitutionalindustrial and4pultiple land uses and undeveloped lards, are converted fritd equivalent resIdential units for assessment purposesl,kly.bUilding unit Whi011,is served directly by an interceptor or trunk sewer and therefore requires no laterasewer, is levied a lateral benefit assessmet**hicri is equal'Ao the SeWer. LateralBenefit Charge as set in the latest*Cipied City Fee Sched0 The replacement of existing sanitary sewer mains and service lines within the righ tibt-7--way vVill,nidtbe'aeeeS:sed but rather financed from the Sanitary Sewer Reserve :Fund or'otber funding -Sources identified by the City Council. Each property shall pay for the replacement of the service line on their private property, roam the right -Of -Way to the-building/home. 22 H. WATERMAIN IMPROVEMENTS Assessments for new water main improvements shall be based upon the cost of construction of 8-inch water mains. Oversizing costs due to larger mains and larger appurtenances will not be assessed and will be "City system costs" funded out of the Water Reserve Fund. Normally, water mains will be assessed using an adjusted per lot method; with the adjustment made using the Metropolitan Council sewer calculation to establish a residential equivalent unit (REC). Normait(water system assessments are levied over a 20-year period. Street improvements and major street mfitintenance that is completed as part of utility , replacement projects and has effectiVelS) accelerated the replacement of the street before it's expected useful life, shall be funded through the VvateReserve Fund in proportion to the remaining design life of the Street:4i Trunk Water Mains, Supply, Storage, and Treatment Facilities The Trunk, Water System Facilities are con.etlycted to serve the entire community -ol= alarger service:area;and therefore deemed to be of community- - wide benefit. Trunk water mina,'- pump stations, wells, storage tanks, and treatmentiadilities finance4Dy a Water Availability Charge (WAC) to be i. ,the time-.ofconnectforilqthe-Qty system. Water Availability Char ,ge (WAC) on units existing at the time of construction may be paid in non -gaily not '60e than 15 annual installments of principal plus interest or the unpaid prinCipal balance at an interest rate set by the City Council. Water ChargelWAC) on units built after the water main construction should be paid ir(fyllratlhe time the building permit is issued. 2. Lateral Water Mains The costs for lateral water mains shall be fully assessed (100°/o) to the benefiting properties. Commercial, institutional, industrial and multiple land uses, and undeveloped lands are converted into equivalent residential units for assessment purposes. Any building unit which is served directly by a trunk water main and therefore requires no lateral water main, is levied a lateral benefit assessment 23 which is equal to the Watermain Lateral Benefit Charge as set in the latest adopted City Fee Schedule. The replacement of existing water mains and service lines within the right-of-way will not be assessed, but rather financed from the Water Reserve Fund or other funding sources identified by the City Council. Each property shall pay for the replacement of the service line on their private,property, from the right-of-way to the building/home. 24