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Home My WebLink About02-03-2010 packet1 City of Lake Elmo • 3800 Laverne Avenue North Lake Elmo, Minnesota February 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 far doing its public business.) G. APPROVE MINUTES: 1. Approval of the January 26, 2010 City Council minutes H. PUBLIC COMMENTS/NQUIRIES: 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 an 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. Accepting the Work for the 2009 Street Improvement Project and Authorizing Final Payment; Resolution No, 2010-007 REGULAR AGENDA: 4. One Year Review of Bus/Truck Terminal Interim Use Permit at 11530 Hudson Blvd. North 5. Authorization to Proeeed with Plans and Specifications for 2010 Sealcoat Project K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates, and do not have tobe formally added to -the agenda.) • Mayor and City Council • Administrator 6 City Attorney City Engineer Planning Director L. Adjourn . **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** AFT City of Lake Ehno City Council Minutes January 26, 2010 Mayor Dean Johnston called the meeting to order at 7:02 p.m. PRESENT: Council Members DeLapp, Emmons, Park (an-ived at 7:05) and Smith. Also Present: City Administrator Messelt, Planning Director Klatt, City Engineers Griffin and Stempski, Finance Director Bouthilet, Financial Consultant Rigdon and Recording Secretary Luczak. APPROVAL OF AGENDA: MOTION: Council Member DeLapp- moved to approve the January 26, 2010 City Council Agenda as presented. Council Member Smith seconded the motion. The motion passed 4-0. GROUND RULES: APPROVED MINUTES: The January 12, 2010 City Council minutes were approved by consensus, as amended. Mayor Johnston abstained, PUBLIC COMMENTS/INQUIRIES: Chris Mechelke, Lake Elmo Jaycees President, invited residents to attend the Jaycees sledding activities at Green Acres on Saturday, January 27, 2010 from noon -2 p.m.; cost is $10/adult. • Michelle Carlson, Lake Elmo Jaycees, presented a check to the City for $8,000 from the charitable gambling proceeds. CONSENT AGENDA: MOTION; Council Member Smith moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. The motion passed 5-0, Approve payment of disbursements and payroll. Adopt Ordinance No. 08-022 approving 2010 Fee Schedule Letter of Support for Re -Appointment for Mr. Brian Johnson to South Washington Watershed District Board REGULAR AGENDA: Public Hearing; 2010 Street and Water Quality Improvements (Jane Road North, Isle Avenue North. 53't Street North and 57th Street North) Ordering Improvement and the Preparation of Plans and Specifications: Resolution No, 2010-003. City Engineer Stempski presented the proposed 2010 Street Improvements, including scope of work, proposed approach and timeline, estimated project costs, estimated local improvement assessment for benefitting properties and pros and cons of selection of either bituminous or concrete curb, Major Johnston opened the Public Hearing at 7:52 p.m. The following residents spoke at the public hearing: Anne Gelbinan, 5034 Isle Ave, N. Steven Collier, 8896 Jane Rd. N. Rick Wyle, 8880 Jane Rd. N., read a brief letter from William Stevenson, 8895 Jane Rd, N., who was unable to attend. Mr. Wyle also spoke • Kirby Spike, 9670 53'1 St. N. Mark Hels, 8903 Jane Rd. N. • Bill Weinberger, 9805 53rd St, N. • Bob Lemanz, 53'd St. • Steve Moeller, 9580 53'1 St. N. The Public Hearing closed at 9:03 p.m. A 5-minute recess was called. Upon return from recess, the City Council debated the merits of concrete versus bituminous curbs, as well as the merits of conducting a survey of affected residents before making a final decision. City Engineer Griffin added his professional assessment regarding the issue of bituminous versus concrete curbs. MOTION. Mayor Johnston moved to adopt Resolution 2010-003, ordering the identified improvements and the preparation of Plans and Specificationsfor such, as directed, with the exception of a final decision to be made at a later date regarding selection of bituminous or concrete curbs,. Council Member Park seconded the motion. The motion passed 5-0. Administrator Messelt was directed to construct an appropriate survey instrument of the impacted neighborhoods and properties, Update to Lake Elmo Floodnlain Management Ordinance: Final Adoption with DNR Revisions: Ordinance No. 2008-023: Resolution No, 2010-004 Administrator Messelt brought to the Council for consideration the final adoption of the Flood Plain ordinance in Lake Elmo. C01111011 Member DeLapp requested clarification oftwo sections of the code. MOTION: Council Member Park moved to adopt Ordinance No. 2008-023 rescinding Chapter 152 of the City Code, Floodplain Management and replacing this chapter with a new ordinance that incorporates the revised Flood Insurance Rate Maps for the community and that incorporates all revisions required under the National Flood Insurance Program. Council Member Smith seconded the motion. The motion passed 5-0. MOTION: Council Member Emmons moved to adopt Resolution No. 2010-004 authorizing publicatio o Ordinance No, 2008-023by Tide and Summary, Council Member Smith seconded the motion, The motion passe.d 5-0. 2 Consideration of City Sunuort for "Comnlete Streets" Legislation: Resolution No, 2010-005 City Administrator Messelt requested the City Council consider supporting efforts to pass legislation relating to creation of a flexible and desirable statewide "Complete Streets" policy and program, Planning Director Klatt presented. a brief summary of the program to Council, MOTION:. Council Member Smith moved to adopt Resolution No, 2010-005 supporting ejjbrts topass legislation relating to creation qf a flexible and desirable statewide Complete Streets Program. Council Member DeLapp seconded the motion. The motion passed 5-0. Resolution Expressing Suvnort for Washington County State Bonding Reauest for the Acauisition and Designation of a Park and Ride Along the 1-94 Corridor City Administrator Messelt brought forth a request to the CityColmeil from the 1-94 Corridcn- Commission. to consider the City of Lake Elmo expressing support for a Washington County State bonding request of a park and ride along the 1-94 Corridor. City staff recommended the inclusion of language denoting consideration and future collaboration regarding identification of specific location and traffic flow management. Council Member DeLapp proposed text amendments to make the draft resolution more consistent with the City's 2010 Comprehensive Plan and accurate with respect to the City's position on future (versus current) growth and development along the 1-94 corridor. MOTION: Council Member Smith moved to adopt Resolution No, 2010-006, as amended by.Council Member:DeLapp, Expressing Support for Washington County State Bonding Request for the Acquisition and Designation. of a Park and Ride along the 1-94 Corridor, Council Member Park seconded the motion. The motion passed 5,-0. REPORTS AND ANNOUNCEMENTS: Council Member Smith thanked Jennifer Pelletier and Paul Ryberg, organizer of Beyond the Yellow Ribbon, for their hard work and reported that there was good turnout for the first meeting. She also thanked Public Works for the great work at the Lions Park ice rink. Council Members Emmons and DeLapp also thanked the Yellow Ribbon Committee for their work. Beyond the Yellow Ribbon will meet the third Thursday of each month. Planning Director Klatt informed the Council that the Planning Commission viewed a video presentation by Randall Arendt on preserving character and they will be reviewing the exterior storage ordinance, City Administrator Messelt reported he attended. the Metro Cities Legislative kick-off. Budget deficit, bonding and a jobs bill. were the main topics discussed. Representative Bunn, Mayor Johnston and Administrator Messelt would be testifying before the House Higher Education and Work Force Development Policy and Finance Division, regarding the City's 2010 Capital Budget Request for regional infrastructure improvements on Wednesday, January 27, 201.0. City Council retreat is tentatively scheduled for Friday, February 26 (evening) and Saturday, February 27 (until mid -afternoon). Location to be determined. Mayor Johnston stated that three Council Members would like to change the second Council meeting in March to the fourth Tuesday, MOTION: Council Member Smith moved to reschedule the March 16, 2010 council meeting to March 23, 2010. Council Member Park seconded the motion. The. ?notion passed 5-0, Staff was directed to advertize this change as widely as possible. The meeting adjourned at 9:33 p.rn. Respectfully submitted by Carole Luczak, Recording Secretary. Resolution No. 2010-003: Resolution No. 2010-004: Resolution No. 2010-005: Resolution No, 2010-006: Ordinance No. 008-022: Ordinance No. 008-023: Ordering the Improvement and Preparation far Plans and Specifications for the 2010 Street and Water Quality hnprovements Authorizing Publication of Ordinance No. 08-023 by Title and Summary Expressing Support for a Statewide "Complete Streets" Policy and a MN Department of Transportation -Led "Complete Streets" Partnership Expressing Support for Washington County State Bonding Request for the Acquisition and Designation of a Park -And -Ride Alon the 1-94 Corridor Setting Municipal Fees for Calendar Year 2010 Repealing the Existing Floodplain Management Ordinance and Adopting New Floodplain Maps and Regulations in the City of Lake Elmo. 4 MY OF LAKE ELMO MAYOR C UNC,L. c;:ptvlf ta/4 TION DATE: 02/03/2010 CONSENT ITEM #: 2 MOTION as part of Consent AGENDA. ITEM: Approve Disbursements and Payroll in the Amount of $341,672.66 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Adrninistrato 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 $ 341,672.66. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATIONS: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a. summary of current claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. ACH 1 ACH DD2600—DD2614 352317 35237 35238 - 35264 Amon:tit $ 6,845.21 $ 1,179.47 $ 20,917,00 $ 7,271,81 $305,459.17 totat $341,,672ii .ptiori. Payroll Taxes to IRS 01/28/2010 Payroll Taxes to MN Dept. of Revenue 01/28/2010 Payroll Dated 01/28/2010 (Direct Deposit) Payroll Dated 01/28/2010 Accounts Payable Dated 2/03/2010 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 -- page 1 City Council Meeting Consent — Approval of Disbursements February 3'f, 2010 Agenda Item #2 RE OMMENDATION: It is recommended that the City Council approve as part of its Consent Agenda proposed disbursements in the amount of $341,672.66. 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 February 3 2010 Disbursement and Payroll, as Presented [and modified] herein." ATTACH TS: 1. Accounts Payable Dated 02/03/2010 SUGGESTED ORDER OF BUSINESS (if removed t e Consent A2enda).. 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 Administrator Printed: 01/28/2010 - 10:40 AM Batch; 008-12-2009 in -voice # Inv Date Amount Quantity Prat Date Description Reference Task Type PO # Close POLine # ERA MUSK ERA MUS.KE 01/26/10 01/26/2010 101.42 0.00 02/03/2010 Refund of overpayment on water bill No 0000 601-494-9400-44300 Miscellaneous 01/26/10 Total: 101.42 ERA MUSK Total: 101.42 LMCIT Cities Insurance Trust League of M 11069536 01/14/2010 500.00 0.00 02/02/2010 Insurance Claim Deductible 101-410-1320-43610 Insurance 11069536 Total: 500.00 LMCIT Total: 500.00 No 0000 MESSELT Messelt Bruce Chk Reg 12/31/2009 82.53 0.00 02/02/2010 Cell Phone - January No 0000 101-410-1940-43210 Telephone Chk Req . 12/31/2009 13.00 0,00 02/02/2010 Travel Expense No 0000 101-410-1320-44370 Conferences & Training Chk Req Total: 95_53 MESSELT Total: 95.53 PRAXAIR PRAXAIR DISTRIBUTION INC. 33015474 04/24/2009 33.48 0_00 02/03/2010 Welder Ncrzzle No 0000 101-430-31.00-42400 Small Tools & Minor Equipment 33015474 Total: 33,48 PRAXAIR Total: 33.48 TASCI3 T.A. Schifsky & Sons Inc 48465 01/24/2009 8.69 0.00 02/03/2010 Tax on Asphalt - No 0000 101-430-3120-42240 Street Maintenance Materials 48465 Total: 8.69 AP - To Be Paid Proof List (0 I/28/10 - 10:40 AM) Page 1 Invoice # Inv Date Amount Quantity Pint Date Description Reference Task Type PO # Close POLine # TASCH Total: 8.69 TOWER Tower Asphalt, Inc_ Cert 4 01/25/2010 26,804.36 0.00 02/03/2010 2009 Street Improvements 415-480-8000-45300 Improvements Other Than Bldgs Cert 4 01/25/2010 3,684.72 0_00 02/03/2010 Tablyn Portion 416-480-8000-45300 Improvements Other Than Bldgs Cert 4 Total: 30,489.08 TOWER Total: 30,489.08 WAS-SHER. Washington County 65124 02/17/2010 240,619.18 0.00 02/03/2010 Law Enforcement - At 09 - Dec 09 101-420-2100-43150 Law Enforcement Contract 65124 Total: 240,619-18 WAS-SHER Total: 240,619.18 No 0000 No 0000 No 0000 WASHCONS Washington Conservation Dist. 1768 09/30/2009 500.00 0.00 02/03/2010 4TH QTR shared educator program No 0000 603-496-9500-44370 Conferences & Training 1768 Total: 500.00 WASHCONS Total: 500.00 Report Total: 272,347.38 AP - To Be Paid ProofList (01/28/10 - 10:40 AM) Page 2 Accounts Payable To Be Paid Proof List User. Administrator Printed: 01/28/2010 - 1:37 PM Batch: 006-01-2010 Invoice # Inv Date Amount Quantity Putt Date Description Reference Task Type PO # Close POLine # ARAM Aramark, Inc. 629-6913085 01/21/2010 101-430-3100-44170 Uniforms 629-6913085 Total: 629-6914693 01/25/2010 101-420-2220-44010 Repairs/Maint Bldg 629-6914693 Total: 629-6914964 01/25/2010 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-6914964 Total: 629-6914965 01/25/2010 101-420-2220-44010 Repairs/Maint Bldg 629-6914965 Total: ARAM Total: 28.72 0.00 02/03/2010 Uniforms Public Works No 0000 28.72 46.80 0.00 02/03/2010 Monthly rug smice Station #2 No 0000 46.80 94.50 0.00 02/03/2010 Linen City Hail - Annex No 0000 94,50 44.94 0.00 02/03/2010 Monthly mg service Station #1 No 0000 44.94 214.96 COMPENSA Compensation Consultants, Ltd 1/18/2010 01/18/2010 40.00 0.00 02/03/2010 Monthly Admin-Fee - January 2010 No 0000 101-410-1320-44300 Miscellaneous 1/18/2010 Total: 40.00 COMPENSA Total: 40.00 FXL FXL, Inc. Feb-10 02/01/2010 2,000.00 0.00 02/03/2010 Assessing Services - February 2010 No 0000 101-410-1320-43100 Assessing Services Feb-10 Total: 2,000.00 FXL Total: 2,000.00 GCNTRNG Government Training Services 22192240 01/21/2010. 225.00 0.00 02/03/2010 2010 MCF OA Annual Conference 3/16 - No 0000 101-410-1320-44370 Conferences & Training 22192240 Total: 225,00 AP - To Be Paid Proof List (01/2S/10 - 1:37 PM) Page 1 Invoice # Inv Date Amount Quantity Pmt Date Description Reference GOVTRNG Total: 225.00 GRACZYK Graczylc Kevin 1-26-10 01/26/2010 55.00 0.00 02103/2010 Cable -City Council l/26/2010 101-410-1450-43620 Cable Operations 1-26-10 Total: 55.00 GRACZYK Total: 55.00 HENNCOL Hennepin Technical College 193936 01/25/2010 756.80 0_00 02/03/2010 Firefighter I Training - Witter I 01 420-2220-44370 Conferences & Training 193936 Total: 756.80 HENNCOL Total: 756.80 LINNER Linnet Electric Company, Inc_ 20758 01/15/2010 695.00 0.00 02/03/2010 Repair Lights - Lions Field 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 20758 Total: 695.00 LINNER Total: 695.00 Task Type LOFF Loffier Companies, Inc. 1086434 01/15/2010 157.65 0.00 02103/2010 Copy Machines overage & Base Jan 10 - [01-410-1940-44040 Repaits/Maint Contractual Eqpt 1086434 Total: 157.65 LOFF Total: 157.65 METROF1R Metro Fire 36916 01/20/2010 128,48 0,00 02/03/2010 1-3/4 Hose - Fire 410480-8000-45800 Other Equipment 36916 Total: 128.48 36926 01/20/2010 594.42 0,00 02/03/2010 4" Hose -Fire 410-480-8000-45800 Other Equipment 36926 Total: 594.42 METROFIR Total: 722.90 PO # Close POLlue # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 MNDNR MN DNR 1961-1031 01/30/2009 1,774.00 0.00 02/03/2010 Annual DNR Water Use Peainit No 0000 601-494-9400-43820 Water Utility 1961-1031 Total: 1,774.00 AP - To Be Paid Proof List (01/28/10 - 1:37 PM) Page 2 Invoice # Inv Date Amount Quantity PHA Date Description Reference 111LNDNR Total: 1,774,00 MORTON MORTON SALT 298441. 01/14/2010 10,969.48 0.00 02/03/2010 Road Salt 101-430-3 125-42290 Sand/Salt 298441 Total: 10,969.48 299879 01/15/2010 1,593.234 0.00 02/03/2010 Road Salt 101-430-3125-42290 Sand/Salt 299879 Total: 1,593.23 MORTON Total: 12,562.71 NAMERICA North American Salt Company 70465091 01/15/2010 6,531.68 0.00 02/03/2010 Treated Road Salt 101-430-3125-42290 Sand/Salt 70465091 Total: 6,531.68 70469276 01/22/2010 2,138.39 0.00 02/03/2010 Treated Road Salt 101-430-3125-42290 Sand/Salt 70469276 Total: 2,138.39 NAMERICA Total: 8,670.07 NORTHWWS Northern Water Works Supply TN S011235537.001 01/12/2010 -619.29 0.00 02/03/2010 Credit 601-494-9400-42300 Water Meters & Supplies S011235537.001 Total: -619.29 S01233824.001 01/06/2010 3,100.57 0.00 02/03/2010 Water Meters 601-494-9400 42300 Water Meters & Supplies S01233824.001 Total: 3,100.57 S01235467.001 01/11/2010 543.16 0.00 02/03/2010 Water NeTeters 601-494-9400-42300 Water Meters & Supplies S01235467.001 Total: 543.16 NORTHWWS Total: 3,024.44 PRESS Press Steven 1252010 01/25/2010 58 88 0.00 02/03/2010 Cable Planning-1/25/2010 101-410-1450-43620 Cable Operations 1252010 Total: 58.88 PRESS Total: 58.88 ROGERS Rogers Printing Services, Corp 16898 01/25/2010 422.29 0.00 02/03/2010 Envelopes, Business Cards 101-410-1320-42030 Printed Forms AP - To Be Paid Proof List (01/28/10 - 1:37 PM) Task Type PO # Close POLiae # No 0000 No 0000 No 0000 Nu 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 3 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 16898 01/25/2010 204.00 0.00 02/03/2010 Water Invoices No 0000 601-494-9400-42030 Printed Forms 16898 Total: 626.29 ROGERS Total: 626.29 RUD Prince-Rud Diane 01/13/2010 01/13/2010 342.00 0.00 02/03/2010 Cleaning City Hall & Annex 101-410-1940-44010 Repairs/Maint Contractual Bldg 01/13/2010 01/13/2010 256.50 0.00 02/03/2010 Cleaning Fire Hall 101-420-2220-44010 Repairs/Maint Bldg 01/13/2010 01/13/2010 -38.50 0.00 02/03/2010 Use Tax 101-000-0000-20201 Use Tax Payable 01/13/2010 Total: 560.00 RUD Total: 560.00 No 0000 No 0000 No 0000 SAMSCLUB Satn's Club 360163120031213 01/25/2010 46.61 0.00 02/03/2910 City Hall Supplies No 0000 101-410-1410-42000 Office Supplies 360163120031213 01/25/2010 91.50 0.00 02/03/2010 Fire Station Supplies No 0000 101-420-2220-44010 Repairs/Maint Bldg 360163120031213 Total: 138_11 SAMSCLUB Total: 138.11 SANDCRK Sand Creek Group, Ltd_ 01/22/2010 01/22/2010 750.00 0.00 02/03/2010 Annual Employee Assistane Program - No 0000 101-410-1320-44330 Dues & Subscriptions 01/22/2010 Total: 750.00 SANDCRK Total: 750_00 SPRINT Sprint 837908817-026 01/18/2010 79.98 0.00 02/03/2010 Phone Cards for Laptops No 0000 101-420-2220-43210 Telephone 837908817-026 Total: 79.98 * SPRINT Total: 79.98 Report Total: 33,111.79 AP - To 13c Paid Proof List (01/28/10 - 1:37 PM) Page 4 AY AGENDA ITEM: SUBMITTED BY: THROUGH: Bruce A Messelt, City Administrator, REVIEWED BY: Tom Bouthilet, Finance Director Jack Griffin, City Engineer R &COUNCIL COMMUNICATION DATE: CONSENT ITEM #; MOTION 2/3/10 # 3 As part of Consent: - Resolution 2010-007 Resolution Accepting the Work from the 2009 Street Improvement Project and Authorizing Payment No. 4 (Final), Ryan Stempski, Assistant City Engineer SUMMARY ANp ACTION REOUESTED: The City Council is asked to accept the work completed by Tower Asphalt, Inc. under the contract for the 2009 Street Improvement Project. Additionally, the City Council is being asked to approve final payment to Tower Asphalt, Inc, for the 2009 Street Improvement Project. No separate motion is required, as this item is part of the approval of the Consent Agenda (unless it is removed for purposes of further discussion): STAFF REPORT: The 2009 Street Improvement Project work has been reviewed by staff and is fully competed 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. The one-year warranty will begin February 3, 2010 and extend to February 2'd, 2011.. Additionally, Tower Asphalt has submitted Payment Certificate No. 4 (Final) in the amount of $30,489,08 with all required documentation. This request has been reviewed and payment is recommended in the amount requested. ADDITIONAL INFORMATION: The original construction contract for the 2009 Street Project was $417,811.50. The actual cost to complete the work was $400,470.52, which equates to a total savings of $17,340,98 The final assessment hearing for the 2009 Street. Improvements will be held in October 2010. -- page 1 -- City Council Meeting Resolution Accepting 2009 Street Improvement Projects and Authorizing Payment February 2010 Consent Agenda Item 4 3 RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council adopt Resolution No. 2010-007 accepting the work for the 2009 Street Improvement Project and authorizing final payment to the contractor as part of tonight's Consent Agenda. Alternatively, the City Council may elect to remove this item from the Consent Agenda and discuss and modify, as appropriate. The City Engineer will be prepared to assist the Council in this endeavor, if needed and appropriate. If done so, the suggested action would be as follows: "Move to approve Resolution. No. 2010-007 accepting the work for the 2009 Street Improvement Project and authorizing Final Payment No. 4 in the amount of $30,489.08 . • . [us amended/modifted tonight]" ATTACHMENTS) 1. Resolution No. 2010-007 2. Engineer's recommendation for final acceptance, dated January 25, 2010 3, Payment Certificate No. 4 (Final) for the 2009 Street Improvement Project -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2010-007 A RESOLUTION ACCEPTING THE WORK FOR THE 2009 STREET IMPROVEMENT PROJECT WHEREAS, pursuant to a written contract signed with the City on July 7, 2009, Tower Asphalt, Inc has satisfactorily completed the 2009 Street Improvement Project in accordance with such contra-ct. WHEREAS, the one-year Warranty for the improvements began on February 3'4, 2010 and will end on February 2nd, 2011 and an one-year warranty inspection will be completed in January, 2010, and the contractor will be required to repair or replace, as directed by the City, any work Or materials that are found to he defective, at the Contractor's sole cost and expense. 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: , 2010C1TY OF LAKE ELMO By: ATTEST: Bruce A. Messelt City Administrator Resolution No. 2010-007 Dean A. Johnston Mayor profir git • '41(iirl The Tight time. The right perple. The rl ght earepav January 25, 2010 Honorable Mayor and City Connell Members City of Lake Elmo 3800 Laverne Avenue Lake Elmo, Minnesota 55042 Re: Engineer' Recommendation for Final Acceptance 2009 Street Improvement Project City of Lake Elmo, Minnesota TKDA Project No, 14353,001 Dear Mayor and City Council Members: 444 Cedar Strom, SOF: I5� Saint Paul, MN 55101 (651) 2132,4400 (651)292-008S Fax WM/Maxon) We have reviewed the work under Contract for the 2009 Street Improvement Proj ect, and find that the project has been fully cornpleted 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 (Tower Asphalt, Inc.) is recommended. The one-year•Warranty Period will begin on February 3'1, 2010 and end on February 2"11, 2011. Sincerely, Ryan W. Project Manag DMK:art cc: Bruce Messelt, City Administrator Mike Bouthilet, Public Works An Empioyou °Kw! Company Prainoting Affiontilm Action and tipial OppnrfnnIty TKDA " Tho right time, The right pen* Tao right company, Proj. No. 14353.001 Cert. No. 4 (F) St. Paul, MN, January 6 To City of Lake Elmo, Minnesota This Certifies that Tower Asuhalt, Inc. For 2009 Street Improvements 444 Cedar Sto01, Sulfa 1500 • Saint Paul, MN 65101-2140 (651)29241409 (561) 292-0003 I's www,tlida.00m , 20 10 Owner Contractor Is entitled to Thirty Thousand Four Hundred Eighty -Nine Dollars and 08/100 ($ 30.489.08 ) FINAL being 4th estimate for paftial payment on contract with you dated Iu1vj. 2009 Received payment in full of above Certificate. TKDA Tower Asphalt, Inc, , 2010 Contract price plus extras All previous payments All previous credits Extra No, Compensating Change Order No. 1 edit No. Ryan W. Stempski, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS CREDITS 417,811.50 AMOUNT OF THIS CERTIHCATE Totals • O'edit Balance There will remain unpaid on contract after payment of this Certificate (17,340.9 400,47 .52 $ 369,981,44 30,489,08 400,470.52 $ 400,470.52 II $ 400,470.52 I $ An Employee Owned Cninpany Promoting fifflanative Action and Equal Opporfunlly CHANGE ORDER • TKDA Engineers -Architects -Planners Compensating Saint Paul, MN Imam 6 20 10 Proj, No, 14353,001 Change Order No. To 'Tower Asphalt. Inc. for 2009 Street Improvements for City of Lake Elmo, Minnesota You are hereby directed to make the following (-tango to your contract dated July 7 , 20,09 . The change and the work affected thereby is subject to all contract stipulations and covenant, This Change Order will (insmase) (decrease) (not -slim* the contract sum by Seventeen Thousand Three Hundred Forty Dollars and 98/100 .....,,.... ..... ...... ...... , ..... ($ 17.340.9E1 • 1. COMPENSATING CHANGE 010E11 This change order shows the actual quantities installed at the unit price bid amounts (see attached itemiza, firm): . NET (11ANOE = (17,340.98) Amount of Original Contract Additions approved to date (Nos,) Deductions approved to date (Nos. Caramel, amount to date Amount of this Change Order (Mid) (Deduct) (4s.10-Qunge) Revised Contract Amount Approved City_of Lake Elmo By Approved Tower AphaiJn By Owner Contractor TKDA Bv $ Ryan W. Stempski, P,E. White - Owner Pink - Contactor Blue TKDA 417,811,50 4'17,811,50 (1.7,340,98) 400,470.52 ESTIMATE NO, 4 (FINAL, 2009 STREET ROVEMENTS CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14353.001 PERIOD ENDING; December 11, 2009 ITEM . CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE EDEN PARK DEVELOPMENT 1 MOBILIZATION LS 1 1.0 $ 1000.60 $ 1,003.00 2 TRAFFIC CONTROL LS 1 1.0 $ 60E160 $ 500.00 3 SILT FENCE LF ao $ 2,50 $ 4 INLET PROTECTION EA 9 659:0D $ 100.00 $ 900,00 5 SAWCUT PAVEMENT (ALL TYPES) LF 206 LI; 16 W.° $ 210°110:: $$ 22°126: 0 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (DRIVEWAY) 8Y 60 40.0 6,00 $ 200,00 7 REMOVE & DISPOSE OF EXIST. STORM SEWER (ALL TYPES & . $ SUBGFIADE CORRECTION 9 LOAD & HAUL RECLAIMED MATERIAL (E,V) (F) sin's) cY SY 459 28 450.0 $ $ 0410 2,754.00 10 RECLAIM EX, BIT. AND BASE MATERIALS, 0.114811 DEPTH SY 14268 14,250,0 $ 11 SUSGRADE PREPARATION OF RECLAIMED SURFACE ' 391001:2 0060 $ 31:402000:0000 12 2360 TYPE IN 3 BITUMINOUS NON -WEARING COURSE TN 1276 1,613),59-.0° $ 6165 $ . 13 .2360 TYPE LV 4 BITUMINOUS WEARING COUFISE TN 1275 1,190.0 $ 54,10 $ 1'35 ,-512,8..ao26 14 BITUMINOUS MATERIAL FOR TACK COAT GM. 713 5° 16 2%. 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 60 4°°O.',0 $ 1.60 $ 790.00 ' 15.00 1 600.00 18 SAW 6 SEALSTREET (40' INTERVALS) LF aoos • 2,090,0 $ 1.55 $ 4,043.80 17 ADJUST MANHOLE CASTING . EA 2 2.0 $ 400.00 $ 800,00 18 D412 CONCRETE CURB 6 GUTTER LE 15 20,0 $ 70,00 $ 2,060.00 19 REPAIR AND ADJUST CATCH BASIN EA 9 0,0 $ 1,000,00 '$ -9,000,0(1 20 12,' PCP FES WITH TRASH GUARD EA 1 1,0 $ 000,00 $ 900.00 21 SL. 3 RIPRAP W/ GEOTEXTILL FILTER FAEFIIC CY 3 3.0 $ 100.00 $ 300.00 22 SEEDING, FERTILIZER AND WOOD FIBER BLANKET sy 25 BOB $ 15.00 $ 900,00 SUBTOTAL , EDEN PARK DEVELOPMENT $ -r-83T69-4707 EDEN PARK 2Nb ADDITION 1 MOBILIZATION LS 1 1.0 $ toDaroo $ 1,000.00 2 TRAFFIG CONTROL LS 1 1.0 9 500,00 $ 500,00 3 SILT FENCE LF 326 2.50 $ 712.50 4 INLET PROTECTION EA 2 2852:0$ 0 $ 100.00 $ 200,00 6 SAWCUT PAVEMENT (ALL TYPES) LF 118 89.0 $ 2.00 $ 176,00 8 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAY) SY 25 40,0 $ °(3 8 LOAD & HAUL, RECLAIMED MATERIAL (LV( (P) CY 216 216.0 $ 024.'7° 200.00 06: 3 7 ,, SIJBGRADE CORRECTION SY 1 062 $ 1,206.00 9 RECLAIM EX, BIT. AND BASE MATERIALS, 0-INCH DEPTH SY 2822 2,622,0 $ 1.60 $ 4,233.00 10 SUEGRADE PREPARATION OF RECLAIMED SURFACE RS 6 $ 100.00 $ 800.00 11 2360 TYPE LV 3 arrumiNDUS NON -WEARING COURSE TN 252 20SEI.°0 $ 41.05 $ 13,738.00 12 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS (INCL, 4" BIT CUFIR) TN 266 221.0 4 54.10 14 2, 2360 'TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 25 14200:01.50 0 : $ 1192E1:..01° 13 BITUMINOUS MATERIAL FOR TACK COAT GAL. 141 0 10 REPAIR AND ADJUST CATCH BASIN EA g 452E1..00 $ 118:°6°5 : 36°97°,4° 16 SAW & SEAL ST50 RET (40' INTERVALS) LF 476 $ 1,400.00 $ 2,800.00 17 SAWCUT CATCH BASIN EA 1 $ 200.00 $ 18 socriimo SY 244 426.0 $ 3.00 $ 1,276.00 E.USTOTAL - EDEN PARK 2140 A DITION $ 30,805.00 THE FOREST DEVELOPMENT. 1 MOBILIZATION LS 1 1.0 $ 600.00 $ 2 TRAFFIC CONTROL 3 SILT FENCE LF 00 0 LS 1 01:00 $ 500.00 $ 500.00E(4.11° 2.50 $ 226.00 4 INLET PROTECTION EA 3 3.0 $ 100.00 $ 300.00 5 SAW CUT PAVEMENT (All. TYPES) LF 130 DELO $ 2,00 $ 188.00 6 REMOVE & DISPOSE OP EXIST. BITUMINOUS PAVEMENT (DRIVEWAY) 7 SUBSIRADE CORRECTION SY 1176 • $ 2.75 $ • 0 LOAD & HAUL RECIAM E(1MATERIAL ILV) (P) GY 318 18'0 6.00 $ 1,909. 9 RECLAIM EX. 13IT, AND BASE MATERIALS, &INCH DEPTH SY 5977 0,3977.0 : 00 1,50 $ 0966,50 10 SUBBRADE PREPARATION OF RECLAIMED SURFACE RS 17 17.0 $ 100.00 $ 1,700.00 11 2300 TYPE IS S BITUMINOUS NON -WEARING COURSE. TIN 634 12 2960 TYPE LV 4 BITUMINOUS WEARING COLIFESE, STREETS TN 538 640,0 : 6524...1650 $ 20,431.00 (INCL. 6" SIT OUFID) 040,0 $ 29,214.00 12 BITUMINOUS MATERIAL FOR TACK COAT GAL 299 275.0 $ 1.50 $ 412.60 14 2°- 2300 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 26 22.0 $ 15.00 5 320.00 16 SAW & SEAL $TREET (40 INTERVALS) 1.8 1508 1,520.0 $ 1.55 $ 2,909.95 16 0412 CONCRETE CURB & GLITTER LF 170 170.0 $ 25,00 $ 4,475.00 17 REPAIR AND ADJUST CATCH BASIN EA a 10 SODDING SY 90 120,0 $ 3.0 $ 1,00:0000 $ 3,800.00 $ 300.00 SUBTOTAL - EDEN PARK 2ND ADDITION $ 82,006.93 SY 6,00 22.0 $ 110.00 ITEM NO. DESCRIPTION Arnow r.LLmAN SUBDIVISION 1 MOBILIZATION LS 1 1,0 $ 1,000,00 $ 1,000,00 2 TRAFFIC CONTROL LS 1 10 $ 500,00 $ 500.00 3 SILT FENCE LF 85 03.0 $ 2.50 $ 157.00 4 SALYAGE & REINSTALL SIGN EA 2 1.0 $ 15000 $ 160.00 5 SAWCUT PAVEMENT (ALL TYPES) LF 181 231,0 y 0.00 $ 482.00 6 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (00 $ 6.00 DRSY IVEWAY) 68.0 $ 310.00 7 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT SY 22 0 10,110 (DRIVEWAY) 4.0 $ 40,00 8 SUBGRADE CORRECTION SY 1000 61.0 $ 2.76 $ 140,25 0 LOAD 8, HAUL RECLAIMED MATERIAL (LV) NI CY 358 356,0 $ 8.00 $ 2,148,0D 10 RECLAIM EX. BIT. AND BASE MATERIALS, 8-NCH DEPTH 3Y 3490 3,498.0 $ 1,50 $ 5,247,00 11 SUSGRADE PREPARATION OF RECLAIMED SURFACE RS 13 13,0 $ 100.00 .0 1,300.00 12 2300TyPE LV 5 BITUMINOUS NON-WFARiNG COURSE TN 313 807,0 $ 52.65 $ 16,103,66 18 2360 TYPE LV 4 BITUMINOUS WEARING COURSE TN 513 290.0 $ 84,10 $ 15,889.00 14 BITUMINOUS MATERIAL FOR TACK COAT GAL 175 180,0 $ 1,50 $ 240.00 16 2') 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 05 06.0 $ 15.00 $ 1,020,00 18 6" CONCRETE DRIVE SY 22 • $ 80.00 $ 17 SAW & SEAL STREET (40' INTERVALS) LF 766 766.0 $ 1.65 $ 1,170,25 19 ADJUST EXISTING GATE VALVE BOX EA 2.0 3.0 $ 200.00 , $ 600.00 10 ADJUST CURB sTOP EA 1,0 13 $ 200;00 $ 200.00 '20 SODDING 9Y 259.0 642.0 $ 3.00 $ 1.626.00 SUDTOTAL - MYRON ELLMAN SUB -DIVISION $ 48193.56 ESTIMATE NO. 4 (FINAL) PEFI100 ENDING: December 11, 2009 2009 STREET IMPROVEMENTS CITY OF LAI(E ELMO, MIN NEsOT A TKDA PROJECT NO. 14353,001 CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE , TABLWFARK ENTRANCE ROAD AND PARKING LOT 1 MOBILIZATION LS 1 1.0 $ 3,50080 $ 3,600,00 2 TRAFFIC CONTROL. LS 1 1.0 $ 500.00 $ 500.00 3 SILT FENCE LF 790 755.0 $ 2,00 $ 1,610,00 4 SAWCIJT PAVEMENT IALL TYPES> LF 85 • $ 2.00 $ 6 REMOVE &DISPOSE OF EXIST. PAVEMENT SY 1862 1;662.8 $ 2,00 ' $ 3,72496 8 SUBSRADE CORRECTiON SY 289 - $ 3.00 $ 7 COMMON EXCAVATION CY 040 040.0 $ 3,00 $ 1,02000 8 SUBORADE PREPARATION RS 5 5,0 $ 100.00 $ 500,00 9 PLACE 8, COMPACT RECLAIMED MATERIAL (FROM OTHER CY 697 0 4.00 SITES) 767.0 $ 0,080.00 10 2360 TYPE LV 0 BITUMINOUS NON -WEARING COURSE TN 156 154.0 $ 52,85 $ 0,108.11; 11 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS 183 TN (INCL. 4" PIT CURB) 1803 $ 5.4.10 $ 10,1004,,, 12 BITUMINOUS MATERIAL FOR TACK. COAT GAL 87 50,0 $ 1.50 $ 76.00 13 SAW A SEAL STREET (40 INTERVALS) LF 388 868.0 $ 1.55 $ 570A0 14 15" ROP CL. 5 STORM SEWER PIPE LP 49 44.0 $ 25.00 $ 1,100.00 16 15' RCP FES WITFI TRASH GUARD EA 1 1,0 $ 970,00 $ 970,00 16 48" DIAMETER MANHOLE,TYPE 4069 (0-10' DEPTH) EA 2 2,0 $ 2,750.00 $ 5,600.00 17 CATCH BASIN, TYPE 404 EA 1 to $ 2,250,00 $ 2,200.00 16 C L. 3 RIP RAP WiGEOTEXTILE FILTER FABRIC CY 3 3.0 $ 100.00 $ 300.00 19 SEEDING, FERTIUZEN AND WOOD FIBER BLANKET SY 36 276.0 $ 3.09 $ 026,00 20 SODDING SY 504 390,0 $ 3.00 $ 1,170.00 SUBTOTAL- TASLYN PARK ENTRANCE ROAD AND PARKING LOT $ 45,690,07 TOTAL ESTIMATE NO, 4 (FINAL) $ 400,470,62 LAKE LMO MAYOR & C AGENDA ITEM; SUBMITTED BY: THROUGH: REVIEWED BY: UN COMMUNICATION DATE: REGULAR ITEM: MOTION 2/03/2010 4 Stqff Direction One Year Review of Bus/Truck Terminal Interim Use Permit at 11530 Hudson Boulevard North Kyle Klatt, Planning Direc Bruce Messelt, City Admini City Staff a o SUMMARY, AND ACTION REQUESTED.: The City Council is asked to receive a one-year review of the Bus/Trucking Terminal Interim Use Permit at 11530 Hudson Boulevard North. At this point in time, the Council does not need to take any formal action with regards to the Interim Use Pemilt, unless there are specific questions or concerns regarding the bus/trucking terminal operation on this site. In order to address one of the potential concerns regarding the status of the interim use; Staff is seeking Council authorization to execute the attached interim use/consent agreement which was prepared by the City Attorney at the time of the original review. The specific motion that the Council should consider is as follows: "Move to authorize the Mayor to execute the Consent Agreement presented to the City Council related to an interim use permit at 11530 Hudson Boulevard North" BACKGROUND, INFORMATION: The interim Use Permit was originally approved by the Council on December 126 of 2009. The City Code specifies that an interim use permit is valid for a period of two years, after which a renewal application must be approved by the City. The interim use permit was issued to Terry Emmerson to operate a bus/trucking terminal at 11530 Hudson Boulevard North. This type of operation is allowed as an interim use, subject to the standards for a non-agricultural low impact use. At the time of the initial request, the Planning Commission and Council were presented with detailed information concerning the proposed activity and the City's ordinance requirements for such an interim use. This information can be made available to the City Council, if requested. -- page 1 -- 1 City Council Meeting One Year Review of Bus/Tnick Terminal Interim Use Permit February 3rd, 2010 Regular Agenda #4 Since the City's approval was, granted, the trucking business has moved into the site and begun operations as a truck storage and -maintenance As part of the initial approval for the bus/truck terminal facility in this location, the Council requested that the permit be reviewed after one year of operation. Should the Council not identify any issues or concerns with the operation (which should be specific to the criteria outlined in_the Zoning Ordinance) the applicant will still need to apply for renewal of the interim use prior to December of 2010 in order to continue operating the business on this site. STAFF REPORT: Staff' recently toured the site, reviewed the City's ordinances regarding interim uses and non-agricultural low impact uses, and examined the conditions included as part of the resolution approving the bus/trucking terminal operation. Based on this review, it appears -that the use is in conformance with all applicable requirements, with a few minor exceptions. Staff would like to specifically note the following: Traffic: The non-agricultural low impact use standards specify that the daily vehicle trips from the site cannot exceed 6 trips per acre of agricultural land. Because the agricultural area owned by the applicant is •70 acres in size, the total number of vehicle trips cannot exceed 420 per day. The applicant has estimated that there are no more than 120 trips in and out of the site every day by trucks and employee vehicles. Staffs own observations during two longer visits to the site slum it began operations and daily trips along Manning Avenue have supported this estimate. Site Operation. The daily use of the site has not changed substantially from the way it was run as a bus garage, Although the semi -trailers being parked on the site are generally larger than the school buses that preciously were stored and serviced here, the number of daily trips is substantially lower now than in the recent past. The overall site activities, including exterior storage, light maintenance/servicing of vehicles, and refueling are very similar to past activities. Landscaping. One of the conditions .of approval stated "that additional • screening be provided in ail locations recommended by the City Forester in order to replace vegetation that has either died or been removed". The applicant did plant some additional trees on the site in early 2009, but it appears that some of this vegetation has died during the course of the year. As this is a condition of approval, the applicant will need to replace all dead or dying trees in order to remain in compliance with the interim use permit. The condition of trees can be further evaluated as part of the two-year renewal process. Interim Use Permit/Consent Agreement. The Interim Use provisions in- the Zoning Ordinance (and the resolution of approval) require that an applicant for an interim use permit enter into a consent agreement with the City that clarifies the tennis and requirements under which the interim use can operate. The City Attorney drafted an agreement for consideration by the Council last year, but to date, this agreement has not been executed. Given the lapse in time since the Council reviewed the interim use -- page 2 -- MWEAPOO1.11*- City Council Meeting One Year Review of Bus/Thick Terminal Interim Use Permit February 3rd, 2010 Regular Agenda #4 permit, Staff has revised the draft agreement and included it for consideration by the Council, at its February 2, 2010 meeting. This document will need to be signed immediately after the meeting in order to ensure that the applicant remains in compliance with all City requirements. Please note that, in accordance with its draft work, plan for the year, the City Council will be reviewing the future land use plan along the 1-94 corridor later this year. This land use review will give the Council an additional opportunity to consider the interim use activity within the context of the larger holding district before the two-year renewal on this site is considered, Staff also anticipates conducting a more thorough review of the interim use at this time. Staff will present recent photographs of site at the City Council meeting.. RECOMMENDATION: The City Council is asked to receive staffs review of the interim use at 11530 Hudson Boulevard North and to authorize the Mayor to execute the attached Consent Agreement with the applicant. The following motion is recommended for taking this action: "Move to authorize the Mayor to execute the Consent Agreement presented to the City Council related to an interim use permit at 11530 Hudson Boulevard North" As an alternative, the Council can either request additional information from either staff or the applicant or could consider revocation of the interim use permit if findings are prepared that - show the site is not in compliance with the City's interim use requirements. ATTACHMENTS: 1, Consent Agreement Interim Use Permit SUG-GESTED•OR.DER OF tUSINESS: Introduction of item ........ ........... ................... ............. . Report/Presentation ....... „ ............„„ „.. ......... , „ „ Questions from Council to Staff ....... ......„,..,.„.......,„,„.., Public Input, if Appropriate ....... . ....... ..„. Call for Motion .„..„ ........... „ .... ...................... .............................. ......„ ........ Action on Motion......... ...... ........ ....... .,.„. ....... .........,..„ page 3 -- ..... City Administrator ..... Planning Director ..... Mayor Facilitates ....... Mayor Facilitates Mayor & City Council Mayor & City Council ...... Mayor Facilitates CONSENT AGREEMENT INTERIM USE PERMIT 1.0 Parties.This Consent Agreement/Interim Use Permit ("Agreement") is entered into by and between the City of Lake Elmo, a Minnesota statutory ("City"); and E & E Properties, LLC, a Minnesota limited liability corporation ("Applicant"). 2.0 Recitals. A. Applicant is the record fee owner of the following described property situated in Lake Elmo; MN ("Property"): That part of the South Half of' the Southeast Quarter of Section 36, Township 29 North, Range 21 West, Washington County, Minnesota lying easterly of the West 33,00 feet (2 rods) thereof, EXCEPT that part designated as Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 82-35,, State Project No. 8292 (94- 392) 904, recorded as Document No. 424557 in the office of the County recorder, Washington County, Minnesota. Subject to highway easements in favor of Washington County described in Book 258 of Deeds, page 91 and Book 309 of Deeds, page 831, of record, and on file in said office of the County Recorder. Also, subject to highway easements in favor of the State of Minnesota as described in Book 109 of Deeds, page 622, ,Book 109 of Deeds, page 638, and Book 220 of Deeds, page 11, of record and on file in said office of the County Recorder, B. The Property is zoned HD -A -BP. C. Interim uses are allowed in the HD -A -BP zoning district subject to the regulations contained in Lake Ehno City Code Section 154.019. D. Applicant has requested that the City allow a portion of the Property to he used as a bus/truck terminal as illustrated on the Site Plan attached as Exhibit A (Site Plan): E On the 30 day of October 2008, Applicant submitted a completed application for an Interim Use Permit, F. On the 10th day of November', 2008, the Lake Elino Planning Commission, at a. public hearing, reviewed the Interim Use Permit application, city staff -- page 1 — CONSENT AGREEMENT INTERIM USE PERMIT .cornrnents and reports, Applicant's comments and reports, public comments, and recommended approval of the interim bus/truck terminal use subject to certain conditions. OE On the 1st day of December, 2008, and on the 96 day of December, 2008, the Lake Elmo City Council reviewed the Interim Use Permit application, city staff comments and reports, Applicant's comments and reports, public comments, and the recommendations of the Lake Elmo Planning Commission, and agreed to authorize the interim use subject to the terms and conditions as specified in Section 154.019 of the Zoning Ordinance and Resolution 2008-056 approving the interim use permit. On the 2nd day of February, 2010, the Lake Elmo City Council oinp1eted a one-year review of the interimuse permit and authorized the Mayor to execute a consent agreement with the Applicant. 3.0 Terms and Conditions. The Lake Elmo City Council hereby authorizes and Applicant, for itsel.f, and its successors and assigns, agree that the interim bus/truck terminal use shall be subject to the following conditions: A. The Applicant, and its successors and assigns, shall have no entitlement to future re -approval of the Interim Use Permit. 13 Applicant and its successors and assigns, agree that in the event of a full or partial taking of the Property by a governmental unit that the value of the Property taken will he based on its highest and best Use as it existed prior to the approval of the Interim Use Permit. C. The interim use shall be located on that portion of the Applicant's Property illustrated on the Site Plan. The remainder of Appl.icant's Property shall continue to be used for agricultural puiposes. D. Applicant shall replace any trees that have died or been removed from the site in order to maintain the site landscaping as depicted on the original Site Plan for the property. E. The Interim Use 'Permit is valid until the first occurring following event: 1. For two (2) years from the date of the approval of the Interim Use Permit (December 9, 2010); 2. Until a violation of the conditions of this Consent Agreement; 3. Until a change in the City's zoning regulations, which renders the interim use non -conforming; or -- page 2 -- CONSENT AGREEMENT INTERIM USE PERMIT 4. Until the redevelopment of the Property for a permitted or conditional use as allowed by the City's zoning regulations. 4,0 Rescission of the Conditional Use. The Conditional Use Permit, which was previously issued for the Property is hereby rescinded and replaced by this Consent Agreement/Interim Use Permit. 5.0 Acknowledeement and Consent. Applicant acknowledges that this is a legally binding agreement and that Applicant has had an opportunity to review the Agreement with legal counsel. Applicant consents to the terms of this, Agreement and its restrictions on the use of the Property and the Interim Use Area. 6.0 Effective Date. This Consent Agreement/Interim Use Permit shall be effective upon execution by all parties. Dated this: February 3rd, 2010 CITY 01? LAKE ELMO By: Dean Johnston Mayor E AND E PROPERTIES, LLC Attest: By: By: Teny Emerson Bruce A. Messelt City Administrator Its: S:\Land Useqnterim Use111530 Hudson Blvd N\Interim Use Agr Rev I -27-10,doe page 3 -- MAYOR & COUNCILCOMMUNICATION DATE: 2/03/2010 REGULAR ITEM: 5 MOTION Staff Direction AGENDA. ITEM: Authorization to Proceed with Plans and Specifications for 2010 Sealcoat Project SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce Messelt, City Administrator. REVIEWED BY: Jack Griffin, City Engineer Tom Boutliilet, Finance Director SUMMARY AND ACTION REOUES ED: The City Council is asked to receive a presentation and update from the City Engineer and staffregarding the proposed 2010 Sealcoat Project. If acceptable, a motion to proceed with the next steps would be as follows: "Move to authorize and Direct the City Engineer to Proceed with Preparation of Plans and Specifications for the 2010 Sealcoat Project" BACKGROUND INFORMATION: The City has conducted an annual sealcoat project as part of its street maintenance efforts for some time. Sealcoating assists in maintaining the City's roadways and extending their usable life. In addition, sealcoating serves as the first step in addressing minor repairs before they become more invasive and ex.pensive. Should the Council be desirous with proceeding with the proposed project, the appropriate next step would be the ordering of preparations of plans and specifications. , The approved 2010 Annual Budget approved by the City Council in December 2009 includes sufficient funds for conduct of the proposed 2010 Sealcoat Project STAFF REPORT: The City Engineer and staff will be present to review their report and recommendations at tonight's City Council meeting. -- page 1 -- 1 City Council Meeting Februcny 3rd, 2010 Authorization to Proceed with Plans 8:: Specifications for 2010 Sealcoat Project Regular Agenda #5 RECOMMENDATION: The City Council is asked to receive staffs review of the proposed 2010 Sealcoat Project arid to authorize the City Engineer to proceed accordingly, if so desired. The following motion is recommended for taking this action: "Move to authorize and Direct the City Engineer to Proceed with Preparation of Plans and Specifications for the 2010 Sealcoat Project" As an alternative, the Council can either request additional information from City staff or consider an alternative 2010 project schedule, scope or approach. ATTACHMENTS: None (to be delivered separately or presented at the Meeting) 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 . ...... .......... ...... ..... ...... City Engineer/Staff •••011.0. ..... Woo. ...... .401•04•••••• ....... Mayor Facilitates •••• ..• ..• • • • ..• T.• .• • •• ....... ......... • Mayor Facilitates ....... ..... Mayor & City Council • ...•• •.• ••• • • ................ Mayor & City Council ...,......„ ..... • ........ .......... ..... Mayor Facilitates page 2 --