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08-04-2010 packet
LE City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota Wednesday, August 4, 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. July 20, 2010 Council minutes postponed until August 17, 2010 H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. , CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. 2010 Seal Coat Project— Approval of Final Payment; Res, No.2010-038 4. Encroachment Easement Agreement: 9590 Whistling Valley Trail GULAR AGENDA: 5. Promotion of Nick Witters from probation member to Firefighter 6, Authorization to Purchase GPS Equipment and Software 7, Final Adoption of Lake Elmo Comprehensive Plan Update; Resolution No. 2010-039 K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor — Regional Economic Development • City Council Council Member DeLapp: Update -Emergency Mgmt Training Council Member Park Council Member Emmons Council Member Smith • Administrator • City Engineer • Planning Director: Whistling Valley Project Status; SSTS Update L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** CITY OF - LAKE, ELMO AYOR & COUNCIL COMMUNICATION DATE: 08/04/2010 CONSENT ITEM #: 2 AGENDA ITEM: Approve Disbursements and Payroll in the Amount of $ 230,696.41 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements and payroll in the amount of $ 230,696,41. 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 $ 7,045.23 Payroll Taxes to IRS 07/29/2010 ACH $ 1,177.95 Payroll Taxes to MN Dept. of Revenue 07/29/2010 ACH $ 3,673.26 Payroll Retirement to PERA 07/29/2010 DD 2893 —DD 2907 $ 21,394.15 Payroll Dated 07/29/2010 (Direct Deposit) 35882 — 35888 Voided Check 35889 $ 750.00 Special Check -Fall Festival 35890 — 35892 $ 2,098.39 Payroll Dated 07/29/2010 (Payroll) 35893 - 35926 $ 194,557.43 Accounts Payable Dated 08/04/2010 TOTAL $ 230,696.41 -- page 1 -- City Council Meeting Consent — Approval of Disbursements 08/04/2010 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 $ 230,696.41. ATTACHMENTS: 1. Accounts Payable Dated 08/04/2010 SUGGESTED ORDER OF BUSINESS: Questions from Council to Staff... ..... ........ ..... .............. Mayor Facilitates Call for Motion ...... ................. ..... ..... . ............ . ...... Mayor & City Council Discussion Mayor & City Council Action on Motion ........ ,....... ..... ........................... ..... ............. Mayor Facilitates page 2 — Accounts Payable To Be Paid Proof List User: JOAN Z Printed: 07/28/2010 - 11:12 AM Batch: 006-07-2010 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # AM LEGAL American Legal Publishing Corp 75337 05/12/2010 250.70 0.00 08/04/2010 Code Book Supplemental Pages - No 0000 101-410-1450-43180 Information Technology/Web 75337 Total: 250.70 AMLEGAL Total: 25030 ANCOM ANCOM COMMUNICATIONS, INC. 16563 07/14/2010 13.36 0.00 08/04/2010 Pager repair Wanranty No 0000 101-420-2220-43230 Radio 16563 Total: 13.36 ANCOM Total: 13.36 ANDERNIC Nicholas Anderson 07/20/2010 07/20/2010 55.00 0.00 08/04/2010 CC Meeting Cabled 7/20/10 No 0000 101-410-1450-43620 Cable Operations 07/20/2010 Total: 55.00 ANDERNIC Total: 55.00 ARAM Ararnark, Inc. 629-7031998 07/12/2010 90.46 0.00 08/04/2010 Linen City Hall - No 0000 101-410-1940 14010 Repairs/Maint Contractual Bldg 629-7031998 Total: 90.46 629-7036651 07/19/2010 42.43 0.00 08/04/2010 Linen City Hall - Annex - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-703665 I Total: 42.43 629-7041259 07/26/2010 90.46 0.00 08/04/2010 Linen City Hall - No 0000 101-410-1940 14010 Repairs/Maint Contractual Bldg 629-7041259 Total: 90.46 ARAM Total: 223.35 AP - To Be Paid Proof List (07/28/10 - 11:12 AM) Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # CAMPION Campion Barrows & Assoc., Corp 71410 07/14/2010 1,560.00 0.00 08/04/2010 Psychological evaluations x 4 No 0000 101-420-2220-43050 Physicals 71410 Total: 1,560.00 CAMPION Total: 1,560.00 CLAREYS Clarey's Safety Equipment Inc_ 134032 07/16/2010 282.15 0.00 08/04/2010 Replacement Battery for gas monitor 101-420-2220-44040 Repairs/Maint Eqpt 134032 Total: 282.15 CLAREYS Total: 282.15 No 0000 CORNELL Cornell Mike 07/19/2010 07/19/2010 34.94 0.00 08/04/2010 Reimbursement for Food No 0000 101-420-2220-44300 Miscellaneous 07/19/2010 Total: 34.94 CORNELL Total: 34.94 DOORSERV Door Service Company 11002-4082 07/13/2010 7,447.00 0.00 08/04/2010 Repair/Replace sys doors both stations No 0000 101-420-2220-44010 Repairs/Maint Bldg 11002-4082 Total: 7,447.00 DOORSERV Total: 7,447.00 HAGBERGS Hagbergs Country Market 07/03/10 07/03/2010 11.44 0.00 08/04/2010 CC Workshop/Closed executive mtg No 0000 101-410-1320-44300 Miscellaneous 07/03/10 Total: 11.44 HAGBERGS Total: 11.44 HORWATH Horwath Construction 101599 07/24/2010 224.00 0.00 08/04/2010 Repairs to Annex - Plumbing No 0000 411-480-8000-45200 Buildings and Structures 101599 Total: 224.00 HORWATH Total: 224.00 INTERSTA Interstate All Battery Ctr 36419 07/16/2010 9.64 0.00 08/04/2010 Replacement Batteries 101-420-2220-42400 Small Tools & Equipment 36419 Total: 9.64 No 0000 AP - To Be Paid Proof List (07/28/10 - 11:12 AM) Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference INTERSTA Total: 9.64 LEEHOMES Lee Homes, Inc. Chk Req Bldg 07/01/2010 417-480-8000-43150 Contract Services Chk Req Bldg Total: LEEHOMES Total: Task Type PO # Close POLine # 1,500.00 0.00 08/04/2010 Escrow Return 9855 55th St N permit No 0000 6316 1,500.00 1,500.00 Lillie Newspapers Inc. Lillie Suburban 06/30/2010 06/30/2010 81.13 0.00 08/04/2010 Legal Publishing PZ Dept No 0000 101-410-1320-43510 Legal Publishing 06/30/2010 Total: 81.13 Lillie Total: 81.13 LOFF Loffler Companies, Inc. 114302 07/13/2010 131.60 0.00 08/04/2010 Copy Machines Overage & Base June - No 0000 101-410-1940-44040 Repairs/Maint Contractual Eqpt 2010 114302 Total: 131.60 LOFF Total: 131.60 MARONEYS Maroney's Sanitation, Inc 346665 07/13/2010 103.66 0.00 08/04/2010 Waste Removal - City Hall No 0000 101-410-1940-43840 Refuse 346665 07/13/2010 45.62 0.00 08/04/2010 Waste Removal - Fire - No 0000 101-420-2220-43840 Refuse 346665 07/13/2010 198.87 0.00 08/04/20,10 Waste Removal - Public Works No 0000 101-430-3100-43840 Refuse 346665 07/13/2010 198.87 0.00 08/04/2010 Waste Removal - Parks - No 0000 101-450-5200-43840 Refuse 346665 Total: 547.02 MARONEYS Total: 547.02 MENARDSO Menards - Oakdale 81838 07/11/2010 39,34 0.00 08/04/2010 Station #2 Supplies No 0000 101-420-2220-44300 Miscellaneous 81838 Total: 39.34 82150 07/12/2010 119.44 0.00 08/04/2010 Window Curtains - City Hall Annex - No 0000 411-480-8000-45700 Office Equipment & Furnishings 82150 Total: 119.44 82513 07/13/2010 8.53 0.00 08/04/2010 Station #2 bathroom sign No 0000 101-420-2220-44010 Repairs/Maint Bldg AP - To Be Paid Proof List (07/28/10 - 11:12 AM) Page 3 Invoice # Inv Date 82513 Total: 83433 07/16/2010 101-420-2220-42090 Fire Prevention 83433 Total: MENARDSO Total: METROFIR Metro Fire 38450 07/14/2010 101-420-2220-42400 Small Tools & Equipment 38450 Total: METROFIR Total: MNNAT MN Dept of Natural Resources 07/19/2010 07/19/2010 101-420-2220-42400 Small Tools & Equipment 07/19/2010 Total: MNNAT Total: NEXTEL Nextel Communications 761950227-087 06/18/2010 101-410-1940-43210 Telephone 761950227-087 06/18/2010 101-420-2220-43210 Telephone 761950227-087 06/18/2010 101-420-2400-43210 Telephone 761950227-087 06/18/2010 101-430-3100-43210 Telephone 761950227-087 06/18/2010 101-450-5200-43210 Telephone 761950227-087 Total: NEXTEL Total: NORTHTOO HSBC Business Solutions 90138 07/15/2010 101-420-2220-42400 Small Tools & Equipment 90138 Total: NORTHTOO Total: Amount Quantity Pmt Date Description 8.53 Reference 28.20 0.00 08/04/2010 Smoke Detectors/give aways/on trucks 28_20 195.51 150.00 0.00 08/04/2010 Replacement Foam 150.00 150.00 17.20 0.00 08/04/2010 Hose Adapters 17.20 1720 101.74 244.33 36.36 113.33 33.60 529.36 529,36 0.00 08/04/2010 Cell Phone Service - Administration 0.00 08/04/2010 0.00 08/04/2010 0.00 08/04/2010 0.00 08/04/2010 Cell Phone Service - Fire Department Cell Phone Service - Depai tment Cell Phone Service - Dept Cell Phone Service Building Public Works - Parks Department 160.68 0.00 08/04/2010 Vehicle battery charger station 2 160.68 160.68 PEARSON Pearson Bros, Inc. Pay Cert IF 06/30/2010 166,642.87 409-480-8000-45300 Improvements Other Than Bldgs 0.00 08/04/2010 2010 Sealcoat Project Task Type PO # Close POLine No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (07/28/10 - I 1:12 AM) Page 4 Invoice # Inv Date Pay Cert IF Total: PEARSON Total: PE II )(FIR Petty Cash Petty Cash 07/22/2010 101-420-2220 41300 Miscellaneous Petty Cash 07/22/2010 101-420-2220-44040 Repairs/Maint Eqpt Petty Cash 07/22/2010 101-420-2220-44300 Miscellaneous Petty Cash 07/22/2010 101-420-2220-42000 Office Supplies Petty Cash 07/22/2010 101-420-2220-42000 Office Supplies Petty Cash 07/22/2010 101-420-2220-44170 Uniforms Petty Cash 07/22/2010 101-420-2220-42400 Small Tools & Equipment Petty Cash 07/22/2010 101420-2220-42000 Office Supplies Petty Cash 07/22/2010 101-420-2220-42000 Office Supplies Petty Cash Total: PETTYFIR Total: PLANTH PLANT HEALTH ASSOCIATES, INC 1011-10 07/15/2010 101-430-3250-43150 Contract Services 1011-10 07/15/2010 203-490-9070-43150 Contract Services 1011-10 Total: PLANTH Total: PREMIER Premier Land & Properties Chk Req 07/20/2010 803-000-0000-22900 Deposits Payable Chk Req Total: PREMIER Total: PRESS Press Steven 07/06/2010 07/06/2010 101-410-1450-43620 Cable Operations Amount Quantity Pmt Date Description Reference 166,642.87 166,642.87 13.11 2.79 11.72 4.95 5.54 10,00 7,49 18.30 24.63 98.53 98.53 1,104.00 288.00 1,392,00 1,392.00 2,000,00 2,000.00 2,000.00 0.00 08/04/2010 0.00 08/04/2010 0.00 08/04/2010 0.00 08/04/2010 0.00 08/04/2010 0.00 08/04/2010 Misc Food for 4/18/09 Drill Parts fro generator, 6/16/09 Boot Polish 8/20/09 Postage 10/29/09 Postage 1/27/10 Uniform Shirt 1/27/10 0.00 08/04/2010 Equipment, Ranger 4/10/10 0.00 08/04/2010 Postage 7/2/10 0.00 08/04/2010 Laminate Maps 7/21/10 0.00 08/04/2010 Forester Services - June 2010 0.00 08/04/2010 Forester Services - Development Task Type PO # Close POLine # 0.00 08/04/2010 Escrow Return 11753 56th St Per 6986 - 58.88 0.00 08/04/2010 CC Meeting - 7/6/10 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No No No 0000 0000 0000 0000 AP - To Be Paid Proof List (07/28/10 - 11:12 AM) Page 5 Invoice # Inv Date 07/06/2010 Total: PRESS Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 58.88 58.88 RUD Prince-Rud Diane 07/26/2010 07/26/2010 320.00 0.00 08/04/2010 Cleaning City Halt & Annex No 0000 101-410-1940 44010 Repairs/Maint Contractual Bldg 07/26/2010 07/26/2010 240.00 0.00 08/04/2010 Cleaning Fire Hall No 0000 101-420-222044010 Repairs/Maint Bldg 07/26/2010 07/26/2010 5.35 0.00 08/04/2010 Supplies - No 0000 101-410-1940-42110 Cleaning Supplies 07/26/2010 Total: 56535 RUD Total: 565.35 S&T S&T Office Products, Inc. 01005008 07/22/2010 85.59 0.00 08/04/2010 Office Supplies No 0000 101-410-1320-42000 Office Supplies 01005008 07/22/2010 100.44 0.00 08/04/2010 Elections - Supplies No 0000 101-410-1410-44300 Miscellaneous 01005008 Total: 186.03 S&T Total: 186_03 SCHILLS Schill's Dumpster Svc Inc 7552 07/01/2010 236.00 0.00 08/04/2010 Dupster for Annex Remodel No 0000 411-480-8000-45200 Buildings and Structures 7552 Total: 236.00 SCHILLS Total: 236.00 STILLGAZ Stillwater Gazette 1264148 07/28/2010 101410-1410 11300 Miscellaneous 1264148 Total: STILLGAZ Total: 16.32 0.00 08/04/2010 Elections - Public Accuracy Notice 16.32 16.32 No 0000 STILLMED Stillwater Medical Group 07/13/2010 07/13/2010 1,113.00 0.00 08/04/2010 PreplacementlAnnual Physicals, Hep B - No 0000 101-420-2220-43050 Physicals Vac 07/13/2010 Total: 1,113.00 STILLMED Total: 1,113.00 AP - To Be Paid Proof List (07/28/10 - 11:12 AM) Page 6 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # TDS TDS METROCOM - LLC 651-779-8882 07/13/2010 161.60 0.00 08/04/2010 Analog Lines - Fire - No 0000 101-420-2220-43210 Telephone 651-779-8882 07/13/2010 155.26 0.00 08/04/2010 Analog Lines - Public Works - No 0000 101-430-3100-43210 Telephone 651-779-8882 07/13/2010 104.40 0.00 08/04/2010 Analog Lines - Lift Station Alarms - No 0000 602-495-9450-43210 Telephone 651-779-8882 07/13/2010 42.11 0.00 08/04/2010 Alarm Well House #2 - No 0000 601-494-9400-43210 Telephone 651-779-8882 Total: 463.37 TDS Total: 463.37 USPOST United States Postal Service 07/28/2010 07/28/2010 500.00 0.00 08/04/2010 Replenish - Acct 19 - Newsletter No 0000 101-410-1320-43090 Newsletter/Website 07/28/2010 Total: 500.00 USPOST Total: 500.00 WASHCONS Washington Conservation Dist 1891 06/30/2010 535.00 0.00 08/04/2010 2nd Qtr - Shared Educator Program - No 0000 603-496-9500-44370 Conferences & Training 1891 Total: 535.00 WASHCONS Total: 535.00 WASHTAX Washington County 66652 07/30/2010 3,000.00 0.00 08/04/2010 Legal Services - Property Tax Appeals - No 0000 101-410-1320-43040 Legal Services 66652 Total: 3,000.00 66657 06/30/2010 4,326.00 0.00 08/04/2010 Manufactured Homes & Property - No 0000 101-410-1320-43100 Assessing Services Assessment 66657 Total: 4,326.00 WASHTAX Total: 7,326.00 Report Total: 194,557.43 AP - To Be Paid Proof List (07/28/10 - :12 Page 7 ore or •. LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 08/04/10 CONSENT ITEM #: 3 MOTION as part of Consent Agenda 2010 Seal Coat Project — Resolution accepting the work and authorizing Payment No. l(Final). Ryan Stempski, Assistant City Engineer Bruce Messelt, City Administrator se Jack Griffin, City Engineer Mike Bouthilet, Public Works Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is asked to accept the work completed by Pearson Bros,, Inc, under the contract for the 2010 Seal Coat Project. The work has been reviewed by staff and is fully complete in accordance with the contract, plans and specifications, Please refer to attachment No. 2, which is the engineer's letter of final acceptance for this project. Additionally, the City Council is asked to approve final payment to Pearson Bros., Inc. for the 2010 Seal Coat Project. Pearson Bros., Inc, has submitted Payment Certificate No. 1 (Final) in the amount of $166,642.87 with all required documentation. This request has been reviewed and payment is recommended in the amount requested. All work has been completed per contract documents. The two-year warranty will begin August 4th, 2010, and extend to August 3, 2012. The recommended motions to act on are as follows: "Move to approve Resolution No. 2010-038 accepting the work for the 2010 Seal Coat Project and authorize payment in the amount of $166,642.87 to be paid from the Street Maintenance Fund for the 2010 Seal Coat Project." ADDITIONAL INFORMATION: The original construction contract for the 2010 Seal Coat Project was $177,614.65. The actual cost to complete the work was $166,642.87, a deduct amount of $10,971,78 This reduced amount includes the removal of 42' Street (from Jamaca Avenue to Irish Court) from the project and an additional savings of $1,722.70 due to management of quantity. -- page 1 -- City Council Meeting 2010 Seal Coat Acceptance and Payment No. 1 (final) August 4, 2010 Consent Agenda Item # 3 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council move to approve the motion as part of the overall approval of the Consent Agenda. "Move to approve Resolution No. 2010-038 accepting the work for the 2010 Seal Coat Project and authorize payment in the amount of $166,642.87 to be paid from the Street Maintenance Fund for the 2010 Seal Coat Project." ATTACHMENTS: (3) 1, Resolution No. 2010-038 2, Engineer's recommendation for final acceptance, dated July 23,2010 3. Payment Certificate No. 1 (Final) for the 2010 Seal Coat Project -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-038 A RESOLUTION ACCEPTING THE WORK FOR THE 2010 SEAL COAT PROJECT WHEREAS, pursuant to a written contract signed with the City on May 4, 2010, Pearson Bros. Inc. has satisfactorily completed the 2010 Seal Coat Project in accordance with such contract, WHEREAS, the two-year Warranty ibr the improvements began on August 4th, 2010, and will end on August 511', 2012 and an two-year warranty inspection will be completed in July 2012, and the contractor will be required to repair or replace, as directed by the City, any work or materials that are found to be defective, at the Contractor's sole cost and expense. NOW, THEREFORE, BE IT RESOLVED, the work completed under said contract is hereby accepted and approved, and, BE IT FURTHER RESOLVED that the City Administrator and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. Date: ATTEST: Bruce A. Messelt City Administrator , 2010 CITY OF LAKE ELMO By: Dean A. Johnston Mayor Resolution No. 2010-038 TKDA 1.iliehliiiiiiip101111111111111iha The right time. The right people, 114 right commeny July 23, 2010 Honorable Mayor and City Council Members City ofLake Elmo 3800 Laverne Avenue Lake Elmo, Minnesota 55042 Re; Engineer's Recommendation for Final Acceptance 2010 Seal Coat Project City of Lake Elmo, Minnesota TKDA Project No. 14575.005 Dear Mayor and City Council Members: 444 Cedar Steel, Suite 1500 Saint Paul, MN 55101 (851) 202-4400 (851) 292-0083 Fax www.tkda,com We have reviewed the work under Contract for the 2010 Seal Coat Project, and find that the project has been fully completed in all respects according to the Contract, Plans, and Specifications as prepared by TKDA. The Improvements are hereby declared to be complete and acceptance of the Contractor's work (Pearson Bros, Inc.) is recommended, The two-year Warranty Period will begin on August 4, 2010 and end on August 3, 2012. Sincerely, Ryan W Ste pskTP.E. Project Manager RWS/DMK/bas cc: Bruce Messelt, City Administrator Mike Bouthilet, Public Works An Employee Owned Company Promoting Allirmative Actton and Equal Opportunity TKDA Till right tlioo. no right poople. The right (lollipop* July 23, 2010 Mr, Tom Bouthilet Finance Director City of Lake Elmo 3800 Lavenie Avenue North Lake Elmo, Minnesota 55042 Re: Final Payment Documents 2010 Seal Coat City of Lake Elmo, Minnesota TKDA Project No, 14575.005 Dear Mr. Bouthilet: 444 Mar Street, Suite 1560 Saint Paul, MN 55101.2140 (051) 292-4400 (651) 262-0083 Fax vverw.tkcia,com Enclosed are three (3) copies of Compensating Change Order No, 2 in the deduct amount of $1,722.70 and Estirnate and Certificate No. 1 (Final) in the amount of $166,642.87 for the above - referenced project. Also enclosed are the required Lien Waivers and Minnesota Tax Withholding Form 1C-134 submitted by the Contractor. When payment is made, please have the Contractor sign all copies where indicated and return the blue copy to TKDA. The pink copy is for the Contractor and the white copy is for City records, Please call if you have any questions, Sincer Ryan W. eiiii, P.E. Project Manager RWS/DMI(Jbas Enclosures An Employee Owned Company Promoting Affirmative Action end Equal Opportunlly TKDA ENGINEERS • ARCHITECTS • PLANNERS 1500Piper Jaffrey Plaza 444 Cedar Streel Saler Paul, MN 55101-2140 (651) 292-4400 (651) 292-0663 Fax www.tkda.com Proj. No, 14575.005 Cert, No. 1 (F) St. Paul, MN, June 30, 2010 , 20 10 To City of Lake Elmo, Minnesota Owner This Certifies that Pearson Bros. Inc. • Contractor For 2010 Seal Coat Project Is entitled to One Hundred Sixty -Six Thousand Six Hundred Forty -Two Dollars and 87/100 --($ FINAL being 1st estimate for pa4ial payment on contract with you dated May 4 Received payment in full of above Certificate, TKDA Contract price plus extras All previous payments Allprevious credits Extra No. Pearson Bros, Inc. , 20 RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS 177,614,65 $ Change Order No. 1 (9,2A 9, 08) Compensating Change Order No, 2 (1,722,70) 11 PI Credit No. 11 11 11 It 11 AMOUNT OF THIS CERTIFICATE Totals Credit Balance There will remain unpaid on 0011traci alter payment o f this Certificate $ 166,642.87 166,642.87 1 $ 166,642.87 $ Is 166,642.87 IF I; 166,642,87 II $ An Employee Owned Compeny Promoting Attirotoilve Action and Enna! Opportunity I 66,642.87 1 , 2010 CREDITS TKDA Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL ES'I IIVIATE FOR PARTIAL PAYMENTS FINAL Estimate No, 1 Period Eliding June 30 , 20 10 Page 1 of 1 Proj. No, 14575.005 Contractor Pearson Bros.. Inc. Origin& Contract Amount $177,614.65 Project 2010 Seal Cout Proiect Location City of Lake Elmo. Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 0 % Retained Less Previous Payments Total Deductions Amu nt Due This Estimate Contractor Engineer 0,00 $ 166,642.87 0.00 0.00 166,642.87 0,00 0.00 0.00 0.00 Date Date Julv 23. 2010 166,642.87 ESTIMATE NO. 1 (FINAL) 2010 SEAL COAT PROJECT CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14575.005 ITEM NO, DESCRIPTION BITUMINOUS SEALCOAT BITUMINUS SEALCOAT WITH 1/8" DRESSER TRAP ROCK TOTAL - SEAL COAT CHANGE ORDER NO. 1 REMOVE QUANTITY FOR BITUMINOUS SEALCOAT WITH 1/8" DRESSER TRAP ROCK DUE TO REMOVAL OF 42ND STREET (JAMACA TO IRISH CT) FROM PROJECT SCOPE TOTAL CHANGE ORDER NO 1 PERIOD ENDING: June 30, 2010 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE SY 185,995 155,741 $ SY (8,644.0) $ 1.07 $ 166,642.87 $ 166,642.87 1.07 $ (9,249.08) $ (9,249.08) TOTAL ESTIMATE NO. 1 (FINAL) $ 166,642.87 Saint Paul, N1N _ June 30 To Pearson Bros.. Inc. for 2010 Sealova Project for Lake Elmo. Minnesota CHANGE ORDER TKDA Engineering -Architecture -Planning Compensating 20 10 Proj, No. 14575.005 Change Order No. 2 You are hereby directed to make the following change to your contract dated Mav 4 , 2010.The change and the work affected thereby is subject to all contract stipulations and covenants, This Change Order will (ittor-ease) (decrease) (not-i43ange) the contract sum by One Thousand Seven Hundred Tvventv-Two Dollars and 70/100 ........ , ...... ($ 1,722.79 J. COMPENSATING CHANGE ORDER This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization): NET CHANGE — (1,722.70) Amount of Original Cataract Additions approved to date (Nos. Deductions approved to date (Nos. 1 Contract amount to date Amount of this Change Order (Mid) (Deduct) (No-Plange) Revised Contract Amount Approved Lake Elmo TKDA Owner Approved Pearson Bros.. Inc. White - Owner Contractor Pink - Contractor Blue - TKDA Bv $ 177,614.65 (9,249.08) 168,365.57 (1,722,70) 166,642.87 COMPENSATING CHANGE ORDER NO. 2 PERIOD ENDING: June 30, 2010 2010 SEAL COAT PROJECT CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14876,005 ITEM NO. DESCRIPTION BITUMINOUS SEALCOAT 1 BITUMINUS SEALCOAT WITH 1/8" DRESSER TRAP ROCK SY 165,995 165,741 $ 1,07 $ 166,042.87 $ (10,971.78) $ 177,614.66 TOTAL-SEALCOAT $ 166,042.87 $ (10,971,78) $ 177,614.65 CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT CHANGE ORDER NO. 1 1 REMOVE QUANTITY FOR BITUMINOUS SEALCOAT WITH 1/8" DRESSER TRAP ROCK DLIE TO REMOVAL OF 42ND STREET SY (8,644.0) $ 1.07 $ (9,249,08) $ (9,249.06) $ (9,249.00) (JAMACA TO IRISH CT) FROM PROJECT SCOPE TOTAL CHANGE ORDER NO. 1 $ (0,249.08) $ (9,249.08) $ (9,249.08) TOTAL COMPENSATING CHANGE ORDER NO, 2 $ 166,842.87 $ (1,722.70) $ 168,985.57 LAKE ELMO MAYOR & COUNCIL CO UNICA TON DATE: 8/04/10 CONSENT ITEM #: 4 AGENDA ITEM: Easement Encroachment Agreement — 9590 Whistling Valley Trail SUBMITTED BY: THROUGH: REVIEWED BY: Kelli Matzek, Planner Bruce Messelt, City Administrator %IF\ Ryan Stempski, Assistant City Engineer Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to authorize the execution of an Easement Encroachment Agreement allowing existing improvements (in this case a driveway and retaining wall) within a 5-foot drainage and utility easement on private property. The Easement Encroachment Agreement is a legal document which has been signed by all property owners seeking to install an improvement within an easement. The document, among other things, indemnifies the city from responsibility if damage occurs to the improvement or if it needs to be removed at some point in the future. The improvements were found to encroach into the side lot line easement by the engineer when reviewing an as -built survey for 9590 Whistling Valley Trail. A site visit revealed that the builder graded the area to match the existing adjacent property and matches the existing drainage patterns. The retaining wall is one boulder in height and the driveway encroaches approximately 6 inches into the easement per the as -built survey. Staff recommends approval of an Easement Encroachment Agreement for the existing improvements at 9590 Whistling Valley Trail, STAFF REPORT: The Easement Encroachment Agreement that has been submitted for Council consideration is for a retaining wall and driveway and has been reviewed by engineering staff. The City Council has reviewed and approved easement encroachment agreements at past meetings. At that time, the City Council agreed to place future applications on the consent agenda unless unique circumstances occur in which case the agreement will be placed on the regular agenda. -- page I -- City Council Meeting Easement Encroachment Agreement August 4, 2010 Consent Agenda RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the Easement Encroachment Agreement. ATTACHMENTS: 1. Easement Encroachment Agreement for 9590 Whistling Valley Trail page 2 -- Rcturn o: Eckbe g,'Lamnners, .Brag 1.809 Northwestern Ave, Stillwater, MNI'S5082 THIS AGREE -ENCROACH NT :AGREEMENT ad:e this �.day of , :2 010, -by and =between the CITY OF LAKE • EL1vl:O., a Minnesota • nunicipali y (hereinafter VAkt .and ty"), and (hereitaaai'tet• "Owner„), .husband and wife, and :their .successors tn:.tttte. WHEREAS ,'the:City'has aneasement fo le; lly ..described.tin the attached Exhibit A, located it WHEREAS, :Owner -is .,desirous .of constructing krlcl' °4 :W,uit poses over..that_part:of the property on County, Minnesota; ("The`Improvernents") •within:the Easement; aand, 'WHEREAS, the permission granted .herein is :3imited to The Innprovement proposed within the .easement. NOW, THEREFORE, .in considetatiota. of the premises and for good and valuable consideration, the receipt of which is owledged, the City will: permit the encroachment on its easement .arca as set forth herein and.subject to the conditions set forth below: Owner and successors -in title may install and maintain The Improvements in the configuration directed by the -City .and in accordance herewith Owner must -n the. -City at lea t..fo • -eight (48) .hours before construction, repair 'and/ormaintenance work commences4ithin the easement, Noslid. work shall take place - Without the City staif being -given the opportunity :to bepresent at the site. Further, -if, the City determines in its ,reasonable--„estimation-Ahat any proposed -Work may pot daily cause an imsafc . 'condition or damage or impair the cit-51'.,seasement area, the City shall :have=the'authority to prevent such work.from being :done:by-giving noticelo Owner;: notwithstanding the 4foregoing, in the eventef an .:emergency :Situation and/or -the eXistenee fan:unsafe condition of Owner's:Ian - . - thepresciibd Torty-eight (48) !hournOtice requirement shall.be 'waived by the City. ItIowever,in the event of quell situation, said waiver shall,not relieve -Owner frotrf,their -Obligation to notify the 'City in a.tiincly ,and.practical manner. The-City-shall:have • o -obligation-to hetify0wner .ofLthteir intent to do work. To the fullest extentpeanitted by law,. Owner,' then successors :andasSigns_,:agree to release; • defend, proteet, indemiu±y save and hold harmless the -City, its agents, ..directors, . . • employees .and _contractors against -any .and all claims, cots and 'liabilities, Tincluding the costs of defense .for :damages, ininty, or -death arising from or:in any way connected to _the ;installation, maintenance, -.repair, re loyal -andtor presence of The 'improvements 'permitted hereunder, regardless of Whether such harrai -is to Owner, 'the City, the employees or -officers of either or :any, other:person or entity, except shall not be :liable under this paral„rraph for loss or damage to the extent resulting fion the wnce if al acts ofthe -indemnified parties. 4. The permissiongranted herein is limited exclusively tothe proposed:improvement -within the City's easement, Owner shall not.alter the grade, perform any other site disturbing 2 activities, or permit such alteration anywhere upotuthe land upon which the City has reserved its easement without proper express written .consent of the City. Owner shall construct and maintain The improvements in compliance with all applicable laws and in good repair. Owner shall, at all tiines, use best efforts to conduct all of activities -on said easement area in such a manner as to not interfre -with or impede the operation. of the City'S---easement and related :activities in any manner whatsoeverand,shall remove The improvementt:no e�stto the 'City when directed by the City The 'work shall be 'done ,.and The 'Irnprovenients maintained in, c.onformanee -with the direction. of the'City; [SIGNATURES ON FOLLOWING PAGES] CITY OF LAKE ELMO By By - Doan Johnston; Mayor STATE OF MINESOTA Bruce Messelt, City Adrninistra COUNTY OF 'WA SlitINGTON ) On this - ., .2010, l'before me, --'11 :Notary Pubhc :personally appeared Dean Johnston,:Mayor of the City of Lake -1Elmo, :a Minnesota muriidipality :within 'the State of MinneSota,.,and-that said instrument was :Signed. Difbe.4alf-ofth City of Lake Elmo by Alio authority of the -City C`.cruneil of the City of, Lake _Elmo, and acknowledged .sad instnimencto:be :thefreeactand deed ,:of said :City Lale Elmo. NotayPub1ic . STATE OF - ESOTA .) ss • ,COUNTY OF WASHINGTON) • 4:7)12: this day of 2010, ;before :me, :a Notary :Pdblic. personally -.appeared Bruce 'Messelt,.City -Administrator :.of Alie City of :Lake Elmo; -!-a. Minnesota municipalitY .within :the State Of Minnesota, __and that :said instrument -was signed on :behalf _of the City of Lake _Dino by the -authority -of the City ,Council - of :the City of Lake Elmo, and acknoWledgedsaid instrument lobe the free act and deed of said:City of LakeElmo. . . , I1ype/6\4'11er name STATE OF MINNESOTA Notary Public By A. Lt.4uct.j .[type owner name] ) ss. COUNTY OF WASHINGTON ') 4 ey .On .thi0 ofrPc .day of personally appeared. no,sL.he,.0 Lor --- foregoinginstrument and.aeknowledged said instrument to .NOTAHY PUBLIC THIS'IT\TSTRIJMENT,DRAFTED:BY: Snyder Eckberg,-Lammers, Briggs, Wolff Vierting,'ELL,P, 1809 Northwestern Avcnue Stillwater, MN 515082, , 2010, before me, .a Notary Ptiblio, , husband .and wife, who signed the betheir free act and deed. LAKE E mAyo.R4 COUNCIL cgivimpwATION. DATE: 08/04/10 REGULAR ITEM #: 5 MOTION AGENDA ITEM; Promote Nick Witter from Probation to Firefighter SUBMITTED BY; Fire Chief Greg Malmquist THROUGH: Bruce Messelt, City AdministratorW( 1,0t, REVIEWED BY: Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: On the recommendation of the Lake Elmo Fire Chief, the Lake Elmo City Council is respectfully requested to approve the promotion of Probationary Firefighter to Firefighter. The recommended action on this is as follows: SUGGESTED MOTION: "Move to Promote Probationary Member Nick Witters from Probation to Firefighter Status." Following this action, it is recommended that the Mayor and Fire Chief administer the Oath of Office for Mr, Witters and that the City Council appropriately congratulate him. BACKGROUND INFORMATION: Nick has completed the requirements of Probation as follows: State Certified Firefighter 1 & II, State Certified Haz Mat Operations, First Responder and CPR, Approximately 200 hours of training, all the while maintaining his response requirements of Duty Crews, All Calls and Training. STAFF REPORT: The Fire Chief recommends promotion from Probationary Firefighter to Firefighter, based upon Department standards and City policies, RECOMMENDATION; Based upon the above background information and staff report, it is recommended that the City Council approve the promotion of Nick Witters from Probation Status to Firefighter within the Lake Elmo Fire Department by undertaking the following action: "Move to promote Probationary Member Nick Witter from Probation to Firefighter Status." Alternatively, the City Council may elect to not promote this individual and to discuss with the City Administrator and Fire Chief issues relating to recruitment, training, promotion and retention of this particular individual, and/or applicable department and City policies. page 1 -- Promotion of Probationary Firefighter Witters August 4", 2010 Regular Agenda Item # 5 City Council Meeting ATTACHMENTS: 1, Oath of Office for Firefighter Nick Witters SUGGESTED ORDER OF BUSINESS; Introduction of Item ......... „....... .... Report/Presentation..,.„.,.„.....,..,.„.„„.„ Questions from Council to Staff , .......... Public Input, if Appropriate .......... „.... Call for Motion „...„. ...... ... Discussion .„..„.... ....... ,...... ....... ........„... Action on Motion Administration of Oath of Office....... Congratulations „ , „ „ . ..... „„... ........ City Administrator .....,..„......,,,.„..,„ ....... „.., ....... Fire Chief .. ,...,.. ...... „...,.., ......... , Mayor Facilitates ........ Mayor Facilitates .. Mayor & City Council „, ..... ..... Mayor & City Council ..........,..... ..... .......„ .... Mayor Facilitates .. „ „ . ....... ....,....Mayor Facilitates . „... .• ..... Mayor & City Council TV Dr LAKE MAYOR & COUNCIL 0 A U CAT ON AGENDA ITEM: SUBMITTED BY: THROUGH: Bruce Messelt, City Administrator REVIEWED BY: DATE: 8/04/10 CONSENT ITEM #: 6 Authorization to Purchase Global Positioning System (GPS) and Accompanying Software; Rent Additional Antenna Mike Bouthilet, Public Works Superintendent Kelli Matzek, Planner Ryan Stempski, Assistant City Engineer Kyle Klatt, Planning Director SUMMARY AND ACTION REOUESTED: The City Council is being asked to authorize the purchase of Global Positioning System (GPS) equipment and associated software for $7,820.00 and rental of an additional antenna for $256 per month. The antenna rental is being requested to determine if the additional accuracy it would provide is needed and if the equipment would be user-friendly enough to be purchased in the future. Staff is interested in renting the antenna for 3 - 6 months. The amounts provided by Frontier Precision Inc. (included) are based on state contract prices and therefore additional quotes were not solicited. The recommended motion to act on this is as follows: "Move to authorize the purchase of Global Positioning System (GPS) equipment and associated software for $7,820.00 with the rental of an additional antenna for $256 per month for up to 6 months" BACKGROUND INFORMATION: GPS is a space -based global navigation satellite system that provides reliable location and time information in all weather and at all times anywhere on or near the Earth when and where there is an unobstructed line of sight to four or more GPS satellites. Most people are familiar with this technology as it is used in modern navigation systems built into today's automobiles or in handheld mapping devices. These everyday devices are relatively inexpensive because they are not accurate to the degree that would make them practical to use in the situations noted below, -- page 1 -- City Council Meeting Purchase of GPS and software August 4, 2010 Consent Agenda The funds to pay for the proposed purchase would come from the benefiting departments' existing 2010 budgets, primarily the Public Works Department. STAFF REPORT: Acquisition of the GPS handheld device identified in the attached quote would be beneficial in both time and long-term financial savings for many city departments, most notably the Public Works Department. Other departments such as engineering, fire, planning and parks would benefit from the information gathered with the new system as well. Below are some examples of time and resulting financial savings: o Public Works staff could be more accurate and efficient in locating utilities (currently two -foot accuracy is required by state law). Increased accuracy reduces the chances of someone hitting an underground utility which could potentially lead to a claim. o The device not only allows an operator to take information and enter it into a mapping system on the computer, but also to take the device back out to navigate to a previously identified site within a 12 inch (or less) radius of the site. Staff is currently utilizing record drawings, where they exist, and depends largely on the experience and memory of tenured staff members. o The equipment would assist the city by reducing the amount of time taken by staff in finding underground services or even above ground services during the snowy winter months. o Moving forward, the Public Works department could begin utilizing the GPS device to catalogue curb stops, gate valves, water mains, waste water laterals and mains, catch basins, pipes, outfalls and ponds during inspections. When time allows, existing utilities could be added into the database as well. o The city currently has equipment to find underground pipes that are constructed of metal. However, plastic pipes are also being used. hi addition, wires with a plastic cover are buried underground and need to be located when breaks occur in the line. o Staff will be able to respond more quickly to events such as burst pipes or other utility malfunctions when the city has an accurate inventory of underground and above ground utilities. o Additional assets such as trees, wetlands, signs, play ground equipment, etc. can be inventoried, located, and efficiently managed as we expand the GPS capabilities. o More accurate real-time location of city assets equates to better code enforcement and asset management. Buying the equipment and software at this time would be beneficial as staff would have time to learn how to use it before new major underground infrastructure will be added to the city, including sewer and water pipes. By being proactive and having the process and equipment in place, the city can catalogue these pipes as they are added and require developers to provide additional information. Again, this would be a time savings for staff. Other departments are able to benefit from the purchase as well. The accurate mapping and identification of the existing trail system will help the city to maintain, manage, link, and -- page 2 -- City Council Meeting Purchase of GPS and software August 4, 2010 Consent Agenda ultimately Comprehensively Plan its trail network. The city is able to more appropriately budget for trail maintenance when we have more accurate infoiiiiation regarding length and various characteristics associated with each trail such as width, material, and year installed. The Fire Department could utilize much of the same information as the public works department such as fire hydrants, catch basins, and stoma drains. The Planning and Engineering Department could utilize the information to make more informed recommendations to the council on future developments and other improvements. RECOMMENDATION: Based upon the above information and potential long-range savings, it is recommended that the City Council approve the authorization to purchase the GPS system and associated software in addition to the rental of the Tornado Antenna for 3 — 6 months by undertaking the following action: "Move to authorize the purchase of Global Positioning System (GPS) equipment and associated software for $7,820.00 with the rental ofan additional antenna for $256 per month for up to 6 months" Alternatively, the City Council may consider revising this recommendation to eliminate the rental of the antenna. The City would still be able to use the system, but might find that the accuracy is less than could have otherwise been achieved with this equipment. The Council may also consider denying the request if it finds that the anticipated cost savings for the City would not justify the initial purchase price of the equipment and software. ATTACHMENTS: 1. Frontier Precision Inc Quote 2. GeoXH Handheld Datasheet -- page 3 -- 8039 24TH AVE 5 BLOOMINGTON, MN 55425 877.698.3077 952.698.3080 FAX c9mPi,Voc of Lake Elmo Kell' Mal2ek 'H j.kmatzek©Iakeelmo.org 11! 651 233-5413 PRODUCT / SERVICE DESC. 'Trimble Sub -Foot GPS System: 1GeoXH Handheld ITerraSync Professional Software with GPS Pathfinder Office Software Optional GeoXH Accessories for 4" Accuracy: GIS Tornado Antenna 5 meter Heavy Duty Cable for Tornado/Tempest/Zephyr Antenna Telescoping Rover Rod, 2M, Aluminum, Snap-Loc, GT GeoExplorer Series Range Pole Bracket Tornado Rental, Monthly Please Reference State Contract 11:442051, Release #5-934(5) and `ibikMATiOtsi Remit Order to: Frontier Precision, Inc. j8039 24th Ave South Bloomington, MN 55425 R77 698-3077 QUOTE ISSUED BY: Special Ordering Instructions: 3800 Laveme Avenue North Lake Elmo MN PN 79000-00 50538-00 57972-00 WSC50643-5m SEC5125-20-FLY-GT 53261 FPI-TRNDO-RNT Shipping & Hanlding Included per State Contract Terms QUOTE PER UNIT PRICE 1 $5,125.00 1 $2,695.00 Sub -Foot System Sub -Total 1 1 1 1 $1,912.00 $115,00 $104.00 $121.00 Decimeter System Sub -Total $256.00 7rE'r,r,.,14 4r Quote Number: 072930-01 1-1•.:fig • 1„2419 ti.P.1411r.Olag6.40.5-Va TOTAL TOTAL $5,125.00 $2,695.00 $7,820.00 $1,912.00 $115.00 $104.00 $121.00 $2,252.00 410,072.00 $692.45 $10,764.45 Sales Tax is Estimated, Shipping Charges Included NOTE: QUOTE VALID WITHIN 30 DAYS OF ISSUED DATE. TERMS MUST BE ESTABLISHED PRIOR TO SALE OF ITEMS. KEY FEATURES Real-time 14-Star technology for decimeter to subfoot accuracy in the field High -resolution VGA display for crisp and clear map viewing Bluetoolh and wireless LAN connectivity options 1 GB onboard storage plus SD slot for removable cards Windows Mobile version 6 operating system Rugged handheld with all -day battery YOUR ULTIMATE SOLUTION FOR HIGH -ACCURACY ASSET MANAGEMENT For high -accuracy GIS data collection and asset relocation, the Trimble GeoXH handheld is the ultimate integrated solution. Engineered with H-Star- technology, the GeoXH handheld delivers decimeter (10 crn) to subfoot (<30 cm) accuracy when you need it, making it the ideal device for electric and gas utilities, water and wastewater services, land reform • projects, and other applications where on -the -spot positioning is crucial. The unique GeoExplorere 2008 series combines a Trimble GPS receiver with a rugged handheld compueer, built for all -day use and packed with connectivity options. Technology this clever has never been more convenient. Subfeot accuracy when you need it When your GIS database requires the highest levels of accuracy, the GeoXH handheld is the answer. Using revolutionary Trimble I -I -Star technology, the GeoXH 'handheld delivers real-time subfoot (<30 cm) accuracy with the internal antenna, and decimeter (10 cm) accuracy with an optional Zephyr"' external antenna. Back -office data processing is eliminated, streamlining asset inventories and as -built mapping jobs. Need to relocate assets in the field? The GeoXH !handheld has you covered. Buried and hidden assets can be tracked down with ease, as the real-time high accuracy gets you straight to the point. Cables and pipes can be excavated without wasted effort or risk of damage to nearby assets. Packed full of power With a powerful 520 Mfiz processor, 128 MB RAM, and 1 GB of onboard storage, the GeoXH handheld is a high performance deviee designed to work as hard as you do. The handheld gives you all the power you need to work with maps and large data sets in the field, and its high resolution VGA display allows for crisp and dear viewing of your data. The GeoXH handheld is powered by the industry -standard Windows Mobile* version 6 operating system so you can choose a software solution designed for your field •requirements, whether crff-the-shelf or purpose-built. The Windows Mobile 6 operating system includes familiar Microsoft* software, including Word Mobile, Excel Mobile, and Outlook e Mobile, giving you all the tools you need for a seamless exchange of date between the field and the office. Get The data you need, ivitae you need it With the GeoXH handheld you have the flexibility to work exactly the way you want to. Use the bullt-.in wireless LAN connection to access your organizations secure network and get the most up-to- date information. And with Bluetoothe wireless technology, the GeoXH handheld offers wireless connection to a Bluetooth- enabled cellular phone for access to the Internet to receive real-time corrections from a VRS- network and background map data. You can also wIrelessly connect to other devices such as Bluetooth-enabled laser rangefinders and barcode scanners for convenient cable -free solutions that keep you productive in the fleece BOW for the field The GeoXH handheld has an integrated battery, good for a full day's work; simply charge the battery overnight and you're ready to go again. The GeoXH handheld will last the distance, and its rugged design can take a lot off punishment. Rain, bail or shine, ite built eo keep working, whatever the weather throws at you. When accuracy is critical Rugged design and powerful functionality are the hallmarks of the GeoExplorer series. And now with H-Star technology providing decimeter to subfoot accuracy in real time, the 2008 series GeoXH handheld is your ultimate solution for high -accuracy asset management, When accuracy is critical, the GeoXH handheld delivers —with unprecedented efficiency and reliability, when and where you need it. Ott -Trimble CITY OF LAKE ELMO A A YQR..,& COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 8/4/10 REGULAR ITEM #: J-7 MOTION Formal Adoption of Lake Elmo Comprehensive Plan Update Kyle Klatt, Planning Director \ick Bruce Messelt, City Administrator Kelli Matzek, City Planner SUMMARY AND ACTION REOUESTED: The City Council is being asked to review and consider faunal adoption of the revised 2030 Comprehensive Plan based on the Metropolitan Council's acceptance of this document at its March 24, 2010 meeting. The action by the Met Council grants Lake Elmo authorization to put the 2030 Update into effect. Because there has been a fairly significant amount of time since the Council last reviewed the 2030 Comprehensive Plan Update, Staff is recommending that the Council review the attached materials and consider the following motion should it be ready to take action at the meeting on August 4th: 'Move to approve Resolution 2010-039 adopting the Lake Elmo 2030 Comprehensive Plan Update" Please note that in the interest of reducing unnecessary copying and staff time, the Council is being given a PDF version of the 2030 Comprehensive Plan Update on a CD-ROM. Please contact staff if you would like a printed copy of these materials before the meeting. BACKGROUND INFORMATION: Minnesota law requires each local governmental unit to formally adopt the comprehensive plan after the Metropolitan Council's final action, In cases where Metropolitan Council has recommended changes, the local government should incorporate them into the plan or respond to the Council before the governing body finally adopts the comprehensive plan. In Lake Elmo's situation, the Met Council did make several recommendations concerning changes, in addition to the suggestions the City previously received from adjoining communities (primarily Washington -- page 1 -- City Council Meeting 2030 Comprehensive Plan Update 8/4/10 Regular Agenda Item J-7 County). The requested changes were not significant and all have been incorporated in one form or another into the final document by Staff. Since the Met Council's approval, the City has also been working with the Watershed Districts to obtain their approval of the local surface water management plan as required by State Statutes. Both Brown's Creek and South Washington Watershed Districts approved Lake Elmo's plan a while ago; however, the City only recently received approval from the Valley Branch Watershed District (VBWD). The City Engineer has made minor modifications to the plan based on the comments received from VBWD. This approval was the last remaining item that needed to be addressed before the City could formally adopt the 2030 update. With final adoption of the 2030 Comprehensive Plan Update, the City will be able to take action to revise the Memorandum of Understanding with the Met Council to account for the downturn in the economy. The essential structure for revisions to the housing unit projections and deadlines is in place; but will not be considered until after Lake Elmo puts its 2030 Comprehensive Plan Update into effect. Staff will bring this discussion forward in the near future as a Council action item. A brief history of the City's process to update the Comprehensive Plan is as follows: In December 2008, the Metropolitan Council granted the City of Lake Elmo's request for an extension until May 29, 2009, to update its Comprehensive Plan and submit the document for review. The City submitted the updated chapters to the Metropolitan Council (Parks and Open Space Plan, Transportation Plan, Water Supply Plan, Surface Water Management Plan, Protection of Special Areas Plan) for review on May 29, 2009. The City of Lake Elmo provided copies of the Comprehensive Plan update to adjoining communities in May of 2009. The City received a response letter from the Metropolitan Council on June 19, 2009 that noted four elements of the plan deemed incomplete: Government Unit Review, Community and Individual Sewage Treatment Systems (ISTS), Housing, and Implementation. The City Council authorized staff to submit infoi nation to the Met Council in response to the notice of incompletion regarding the 2030 Comprehensive Plan Update on November 17, 2009. The City received notification from the Met Council on January 3, 2010 that the Comprehensive Plan Update was deemed complete for review. The Met Council completed its review of the Comprehensive Plan Update at its March 24, 2010 meeting and authorized the City of Lake Elmo to put the Plan into effect. -- page 2 -- City Council Meeting 2030 Comprehensive Plan Update 8/4/10 Regular Agenda Item J-7 STAFF REPORT: The Metropolitan Land Planning Act requires every municipality and county within the seven - county metropolitan area to prepare and to submit a comprehensive plan to the Metropolitan Council. These plan updates must be submitted to the Met Council every ten years, with the exact timing based on the completion of a "systems statement" for each community. Updated comprehensive plans for the current review cycle were due in December of 2008; however, the City of Lake Elmo was among a group of communities that received a six-month extension to complete its update. The revised deadline for Lake Elmo to submit an updated Comprehensive Plan was May 29, 2009. There are four primary elements that must be addressed in a community's comprehensive plan, which include: background information, land use plan, public facilities plans, and implementation. As part of the 2008 update requirement, the City of Lake Elmo was not required to update the first two of these sections, background and land use; therefore the attached document incorporates the entirety of these sections as they were drafted by the City as part of the previous update. In particular, the land use section has not been updated or altered in any way, and doing so would alter many portions of the current update that are based on this section. Lake Elmo last updated its Comprehensive Plan in 2006 after a lengthy negotiation process with the Metropolitan Council. Because this update was submitted outside of the normal time frame applied to all other communities in the metropolitan area, Lake Elmo is in a unique situation with regards to its 2030 Comprehensive Plan. The Met Council has determined that Lake Elmo must only update certain sections of its plan in order to comply with the systems statement that was issued on September 12, 2005, Three of the specific sections that need to be addressed with the update fall under the heading of "Public Facilities Plans", including sections pertaining to transportation, water resources (including water supply and surface water management) and parks and open space. The other components that must be updated include "Protection of Special Areas" (solar access and aggregate deposits protection) under Land Use and Implementation. The Parks and Open Space Plan was submitted to the Met Council last year, and is therefore being included with the current update at this time with revisions to address the comments that were received. As noted above, the Background Information and Land Use Plan are not required to be updated, and have therefore not been revised as a part of the 2030 update submission to the Met Council. All land use forecasts for the updated sections, including population projections, are based on the current land use section. OTHER INFORMATION: The City Council spent time during several workshops over the last year reviewing each of the separate plan elements. Information associated with these previous reviews, including a summary of changes to the Transportation, Surface Water Management, and Water Supply sections is available upon request. -- page 3 -- City Council Meeting 2030 Comprehensive Plan Update 8/4/10 Regular Agenda Item J-7 The Planning Commission has conducted the required public hearing for each of the revised sections, and the City Engineer or Planning Department has incorporated comments from the Commission into the final documents. The goal of proposed updates is to complete the minimal requirements of the Metropolitan Council's System Statements (and watershed districts for the water resources plans) to comply with the given deadlines. All plans have been prepared on the basis of the current land use plan adopted in 2006. The City is required to submit its Comprehensive Plan amendment to adjacent communities for review. Each community -was given six months to review the document, and this review period was completed in November 2009. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council formally adopt the 2030 Comprehensive Plan Update by undertaking the following action "Move to approve Resolution 2010-039 adopting the Lake Elmo 2030 Comprehensive Plan Update." Alternatively, the City Council may table taking action on this item if additional information is needed and requested concerning the history of the 2030 Comprehensive Plan update process. ATTACHMENTS: 1. 2030 Comprehensive Plan Update (on CD-ROM) 2. Valley Branch LSWMP Approval Letter (7/23/10) 3. City Engineer Response to Valley Branch Watershed District SUGGESTED ORDER OF BUSINESS: Introduction of Item .......... ...................... . ..... .„...... Report/Presentation Questions from Council to Staff Public Input, if Appropriate ..,................ ........ ......... . Call for Motion Discussion............... ........... ............,... Action on Motion ........ ..... . ...... ..... City Administrator PlanningDirector Mayor Facilitates ....... Mayor Facilitates Mayor & City Council Mayor & City Council .. Mayor Facilitates page 4 -- CITY OF LAKE ELMO RESOLUTION NO. 2010-039 A RESOLUTION AUTHORIZING ADOPTION OF THE CITY OF LAKE ELMO 2030 COMPREHENSIVE PAN UPDATE WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, the City Council, City Staff, and the Planning Commission have prepared a draft Comprehensive Plan intended to meet the requirements of Minnesota Statutes and the Metropolitan Council guidelines; WHEREAS, the City conducted public hearings on April 13, 2009 and April 22, 2009 relative to the adoption of the Comprehensive Plan; and WHEREAS, the City Council has reviewed the Comprehensive Plan and those recommendations, public comments, and comments from neighboring jurisdictions and 'affected governing bodies; WHEREAS, the City Council granted the draft plan preliminary approval on May 19, 2009 and authorized staff to submit the plan to the Metropolitan Council for review; WHEREAS, the Metropolitan Council has reviewed and taken final action on the plan on March 24, 2010 and found that the plan, with minor changes, meets all Metropolitan Land Planning Act requirements, conforms to regional systems plans for transportation, water resources management, and parks, and is compatible with the plans of adjacent and affected jurisdictions; and WHEREAS, the City has made all requested changes to the plan in response to Metropolitan Council guidance; NOW THERE, BE IT RESOLVED by the City Council in and for the City of Lake Elmo that the "City of Lake Elmo 2030 Comprehensive Plan Update" is hereby adopted. The foregoing resolution, offered by Counci'member and supported by Councilmember , was declared and carried on the following vote: Ayes: Nays: Passed: August 4, 2010 Dean Johnston, Mayor Attest: Bruce Messelt, Administrator July 23, 2010 Mr, Jack Griffin, PE Lake Elmo City Engifieer»1t TKDA 444 Cedar Street, Suite 1500 St. Paul, MN 55101-2140 Re: City of Lake Elmo's Local Surface Water Management Plan Dear Jack: Thank you for submitting your July 12, 2010 responses to my December 17, 2009 comment letter on the draft City of Lake Elmo Local Surface Water Management Plan (LSWMP). On behalf of the Valley Branch Watershed District (VBWD) Board of Managers, I found the amended LSWMP to be consistent with the VBWD 2005-2015 Watershed Management Plan and the VBWD's Rules and Regulations, The VBWD Managers approved the Lake Elmo LSWMP at their July 22, 2010 meeting. Thank you for the opportunity to review and comment on the LSWMP. The VBWD Managers look forward to working with the City in managing and protecting our water resources. Sincerely, 3hn P. Hanson, PE Barr Engineering Company Engineers for the Valley Branch Watershed District c: VBWD Managers (via email) Bruce Messelt, City of Lake Elmo Administrator Kyle Klatt, City of Lake Elmo Planning Director Ryan Stempski, Assistant City Engineer — TKDA Melissa Lewis, Board of Water and Soil Resources (via e-email) Matt Moore, South Washington Watershed District Administrator (via e-mail) Karen Kill, Browns Creek Watershed District Administrator (via e-mail) JesSica Collin-Pilarski, Washington County Public Health and Environment Associate Planner (via e-mail) Jack Frost, Metropolitan Council Watershed Coordinator (via email) LINCOLN FETCHER • DAVID BUCHECK • DONALD SCHEEL • DALE BORASH • RAY LUCKSINGER VALLEY BRANCH WATERSHED DISTRICT • P.O. BOX 838 • LAKE ELMO, MINNESOTA 55042-0538 wom,vbvvd,org TKDA ENGINEERING ARCHITECTURE MANNING The right time, The right people The right company July 12, 2010 Mr, John Hanson, P.E. Valley Branch Watershed District 4700 West 77th Street Minneapolis, Minnesota 55435 Re: Lake Elmo Local Surface Water Management Plan (LSWMP) City responses to VBWD Comment Letter dated 12.17.09 TKDA Project No. 14287.000 Dear Mr, Hanson: 444 Cedar Street, Suite 1500 Sent Paul, MN 55101 (651)292-4409 (651)292-0083 Fax www.tkda,com This letter responds to the comments included in your letter of December 17, 2009. We hope that with our additional discussion and submittal of this information we can resolve the issues identified in the District's letter and receive Board approval of the LSWMP. Floodplain Map, Figure 12 The City has updated Figure 12 to show floodplain areas consistent with the FEMA Flood Insurance Rate Map, as indicated in your letter. (See attached.) Assessment of Problems and Corrective Actions, Valley Branch Watershed District, Proposed Corrective Actions, page 58. VBWD comment: The comment letter states that "The VBWD will require additional information from the City before issuing a permit for the proposed project." City resvonse: All development projects proposed in the Village area will need to apply to the City, VBWD, County, and other agencies for all required approvals of plans and permits. Proposed projects will need to provide the data required by the VBWD and other agencies for evaluation of the permit requests. The AUAR includes a detailed water quantity and quality analysis of the Village Area. It includes specific mitigation requirements to construct ponds and runoff volume facilities in the Village Area to alleviate downstream flooding issues and address the VBWD rate control requirements. The AUAR analysis is referenced and adopted in the City's LSWMP. As projects Employee Owned Company Promoting Affirmative Action and Equal Opportunity Mr. John Hanson Valley Branch Watershed District Response to VBWD letter of 12.17.09 July 12, 2010 Page 2 are proposed to the City, developers will be required to implement the Mitigation Plan and apply to the VBWD for permits. Assessment of Problems and Corrective Actions, Valley Branch Watershed District, Proposed Corrective Actions, page 59. VBWD comment: The comment letter states that "The LSWMP does not accurately state the commitments the City made in adopting the Village Area AUAR. The AUAR states the City will require runoff volume control facilities to prevent increases in runoff volumes from existing conditions for the 100-year event, as calculated by the VBWD simple calculation for landlocked basins. City response: The first paragraph on page 59 of the LSWMP has been amended to read "Require developers to provide runoff volume facilities to meet City storm water ordinances, VBWD permit requirements, State permit requirements, and the Mitigation measures identified in the AUAR". (See attached.) Implementation, Actions to Implement this Plan and Address identified Issues, first and, fourth bullet, page 69. VBWD comment: The comment letter states that "The City indicates that it adopts the VBWD watershed management plan, standards, and rules and that it will update its ordinances to be consistent with the VBWD plan, standards, and rules. However, the City's stormwater ordinance is not always consistent with the VBWD rules, and in some case, the City's ordinance is less restrictive than the VBWD rules." City resnonse: The City disagrees with this statement and provides clarifications as follows: The City is required by state rules to adopt stormwater standards that are consistent with Watershed District standards. The City's LSWMP has indicated that it will adopt ordinances and other controls that are consistent with the District standards. Page 54 states that "The City concurs with and adopts the Valley Branch, South Washington and Brown's Creek Watershed District's Watershed Management Plans, rules and standards by reference through this LSWMP. The Watershed Districts will continue to enforce surface water regulations and permitting within the City within the boundaries of their districts. The City will coordinate its review of development proposals with the Watershed Organizations, by providing review comments to the districts." The City has adopted a stormwater ordinance, Ordinance No. 08-016. Section 150.287 Performance and Design Standards states "All Storm Water Management Plans shall meet or exceed the most stringent of the performance and design standards of this ordinance and shall be Mr, John Hanson Valley Branch Watershed District Response to VBWD letter of 12.17.09 July 12, 2010 Page 3 consistent with National Pollution Discharge Elimination Permit (NPDES) requirements, the City Engineering Design Standards, and the filing and approval requirements of relevant Watershed Districts (Brown's Creek, South Washington, and/or Valley Branch), Washington County, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers, and other regulatory agencies." The City's revised LSWMP sheets are attached for the District's review. We look forward to working with the District to obtain approval for the LSWMP, If you have questions regarding this letter, please contact me at (651) 292-4552 or Ryan Stempski at (651) 233-5410. Sincerely, ack Griffin, P.E. ake Elmo City En ineer JWG:bas Enclosures cc: Bruce Messelt, City Administrator Kyle Klatt, City Planner Sherri A. Buss, R.L.A., TKDA Ryan Stempski, P,E., TKDA Lake Elmo Comprehensive Plan Local Surface Water Management Plan. Require developers to provide runoff volume facilities to City storm water ordinances, VBWD permit requirements, State pelinit requirements, and the Mitigation measures identified in the AUAR. Encourage the utilization of Low -Impact Design and volume management techniques to minimize the storm water impacts by emphasizing water infiltration and promoting the use of natural drainage systems. Complete the MPCA requirements for ORVW by the end of 2009. Complete the ongoing maintenance of proposed and existing stoiiii water facilities Flooding near Friedrich's Pond Assessment of the Problem: The VBWD noted from the late 1970s to the mid 1980s Friedrich's Pond experienced high water levels resulting from above average precipitation and decreased ground water seepage from Friedrich's Pond, which resulted in basement flooding to the adjacent homes. Since that time, the VBWD and the City are not aware of instances of high water levels occurring. Recently, area residents have expressed concerns regarding low water levels in the pond. Land uses are proposed to remain the same in the area in the City's 2030 Comprehensive Plan, Proposed Corrective Actions: The VBWD has proposed the following mitigation options to address the high water level in Friedrich's Pond: Installation of a controlled gravity outlet and drainage routes, utilizing a pumped outlet structure, flood proofing the affected homes, flood insurance, and a do nothing approach. The City recognizes all the proposals as feasible solutions to the high water level. However, due to the current trend of low water levels and the Project 1007 flood -relief improvements, the City does not find any immediate need to address flooding issues in this area. The City will work directly with the VBWD to continue to monitor the situation, If potential flooding risks are identified, the City will take the lead with the VBWD assisting in analyzing the problem and determine the appropriate solution. Any permit applications for this area will be reviewed per the City of Lake Elmo Flood Plain Ordinance. Page 59 14287.000 tto •aneargegagga o_z ce0 0 0 0 V.2 " t 6 .22 t! , „e 1!!' • 11,11/11 VI tg Vi • 5 Plk4. 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