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HomeMy WebLinkAbout02-03-2010 packet revised* Proposed REVISED AGENDA 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: J ohnston 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 wav that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Approval of the January 26. 2010 City Council minutes H. PUBLIC COMMENTS/INQU1RIES: 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.) 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 Proceed with Plans and Specifications fOr 2010 Sealcoat Project 6.* Amendment to Joint Powers Agreement with MPCA Regarding Additional Cost for City -Desired Water System Improvements recommended to be added to COnSeln Agenda) * 7.* Presentation on CodeRED Emergency Notification System (scheduled for 7:30 PM) * K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mavor and City Council • Administrator • City Attorney • City Engineer • Planning Director L. Adjourn * Denotes items added to the proposed Agenda on 2/02/2010 by recommendation of the City Administrator and approval of the Mayor (as per City Council policy/practice) ** A social gathering may or may not he held at the Lake Elmo Inn followinmz the meeting.** City of Lake Elmo 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 (arrived 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 264010 City Council Agenda as presented. Council Member Smith seconded the motion. The motionpaSsed 4-0. GROUND RULES: APPROVED MINUTES: The January 12, 2010 City Council minutes were approved by,-Iconsensus, 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 ncieik-2 p.m.; cost is $10/adult. Michelle Carlson, Lake Elmo JayceeS,2preiented a check to the City for $8,000 from the charitable gambling proceeds. CONSENT AGENDA: ; 4 MOTION:. Council Member Smith moved to approve the Consent Agenda as presented, Council Member Emmons seconded the motidThe: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 Hearin: 2010 Street and Water Quality Improvements (Jane Road North. Isle Avenue North, 53'd 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 Gelbman, 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 53rd St. N. Mark Hels, 8903 Jane Rd. N. Bill Weinberger, 9805 53rd St. N. Bob Lemanz, 53rd St. • Steve Moeller, 9580 53rd St. N. The Public Hearing closed at 9:03 p.m. A 5-minute recessWas 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 likie-of bituniinous versus concrete curbs. MOTION: Mayor Johnston moved to acloP4Resolutiori'_2010-003, ordering the identified improvements and the preparation of Plans and SpeOfications for str0h, as directed, with the exception of a final decision to be made at a later dater-egardingelleetion Ofbiturninous or concrete curbs,. Council Member Park seconded the tnotiori*:The motion paS sed 5-0, Administrator Messelt was directed to construct an appropriate strrycy,instr.tunent of the iinpacted neighbor -hoods and properties. Undate to Lake Elmo,FinodnlainlVlanagenielit,Ordinance: Final Adoption with DNR Revisions: Ordinance No. 2000023; ResolutionNo. 2010-004 Administrator Messelt brought to the Council for consideration the final adoption of the Flood Plain ordinance in Lake Elmo. Council Member DeLapp requested clarification of two 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 publication o Ordinance No. 2008-023by Title and Summary. Council Member Smith seconded the motion. The motion passed 5-0. Consideration of City Support for "Complete 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 efforts to pass legislation relating to creation of a fle.xible and desirable statewide Complete Streets Program. Council Member DeLapp seconded the motion, The motion passed 5-0. Resolution Expressing Support for Washington County State Bonding Request for the Acquisition and, Designation of a Park and Ride Along the 1-94 Corridor City Administrator Messelt brought forth a request to the City Couneilftern the 1-94 Corridor 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 amenchnents to rnakethedraft resolution more consistent with the City's 2010 Comprehensive Plan and accurate, with respeetfP,the City's position on future (versus current) growth and development along the 1-94 c.00410.r. MOTION: Council Member Smith moved to adopt'ResolutiansNrtx5010-006, as amended by Council Member DeLapp, Expressing Support forTashingtdk-gefunty State Bonding Request for the Acquisition and Designation of a Park and Ride along the-9,1 COrridor. Council Member Park seconded the motion. The motion passed 5-0. REPORTS AND ANNOUNCEME Council Member SmitliThanked Jenr4er Pelletier and Paul Ryberg, organizer of Beyond the Yellow Ribbon, for their hard and repo, that there was good turnout for the first meeting. She also thanked Public Works for the great wok at the Lions Park ice rmk Council Members Emmons andDeLapp 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, 2010. 1 City Council retreat is tentatively scheduled for Friday, February 26 (evening) and Saturday, February 27 (until mid-aftemoon). 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 motion passed 5-0. Staff -was directed to advertize this change as widely as possible. The meeting adjourned at 9:33 p.m. 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. Ordering the Improvement„and Preparation for Plans and Specifications for the 20P:Street and Water Quality Improvements Authorizing Publication Of Ordinance No. 08-023 by Title and Surrunary Expressing SuppArtfor a Statewide "Complete Streets" Policy and a MNItiePaitOnent of Transportation -Led "Complete Streets"•!:: Partnership Expressing Support :git:Washington County State Bonding Request for the Acquisition and Designation of a Park -And -Ride Along the Corridor!: Setting Municipal Fees for Calendar Year 2010 ,cpealiiigthe Existing Floodplain Management Ordinance :,Adofiting New Floodplain Maps and Regulations in the City of Lake 4 7A. (reas5:11,.arMam,41.1,.. / A', / (*). mT"' r A 'A.4 ia" .1`; r f ; 41=71,X6t,”r31.11.31.0MIP.. DATE: 02/03/201() CONSENT ITEM #: 2 MOTION as part of Consent AGENDA ITEM: Approve Disbursements and Payroll in the Amount of S341.672.66 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 S 341,672.66. No specific motion is needed. as this is recommended to be part of the overall approval of the Consent .4genda. BACKGROU,ND INFORMATION,: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of cun-ent claims to be disbursed and payroll to be paid in accordance with State law and City policies and procedures. Claim # Amount Description ACH S 6.845.21 Payroll Taxes to IRS 01/28'201(1 ACH S 1.179.47 Payroll Taxes to MN Dept. of Revenue 01/28/2010 DD2600 — DD2614 $ 20,917.00 Payroll Dated 01/28/2010 (Direct Deposit) 35231 — 35237 S 7.2.71.81 Payroll Dated 01'28'2010 35238 - 3=064 5305,459.17 Accounts Payable Dated 2/03;2010 Total: $341.672.66 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to he in order and consistent with City budgetary and fiscal policies and Council direction paue 1 -- City C:ouncil Meeting Consent - Approval of Disbursements February 3rd. 2010 Aeenda Item RECOMMENDATION: It is recommended that the City Council approve as part of its Consent Agenda proposed disbursements in the amount of S341.672.66. 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 3rd, 2010 Disbursement and Payroll, as Presented land modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 02/03/201 0 SUGGESTED 0 ER OF BUSINESS (if removed from the Consept..42enda): Questions from Council to Staff ....... ........... ..... ............. Mayor Facilitates Call for Motion ...... ....... ..... ........... ........ ......... ...... ..... Mayor S.:. City Council Discussion ..... .......... ................... ...... ....... ..... ................. Mayor & City Council Action on Motion ........... ........ ............. ........... .......... ........ Mayor Facilitates Accounts Payable To Be Paid Proof List User: Administrator Printed: 01/28/2010 - 10:40 AM Batch: 008-12-2009 Invoice # Inv Date Amount Quantity Pmt Date Description Reference ERA MUSK ERA MUSKE 01/26/10 01/26/2010 101.42 0.00 02/03/2010 Refund of overpayment on water bill 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 Task Type PO # Close POLine # No 0000 No 0000 MESSELT Messelt Bruce Chk Req 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 11370 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 Nozzle No 0000 101-430-3100-42400 Small Tools & Minor Equipment 33015474 Total: 33.48 PRAXAIR Total: 33.48 TASCI-1 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 # lnv Date Amount Quantity Pmt Date Description Reference 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 - Ju 09 - Dec 09 101-420-2100-43150 Law Enforcement Contract 65124 Total: 240,619.18 WAS-SHER Total: 240,619.18 Task Type PO # Close POLine # 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 Proof List (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 Pmt Date Description Reference Task Type PO # Close POLine # ARAM Aramark, Inc. 629-6913085 01/21/2010 28.72 0.00 02/03/2010 Uniforms Public Works No 0000 101-430-3100-4-4170 Uniforms 629-6913085 Tota1: 28.72 629-6914693 01/25/2010 46.80 0.00 02/03/2010 Monthly rug service Station #2 No 0000 101-420-2220 14010 Repairs/Maint Bldg 629-6914693 Total: 46.80 629-6914964 01/25/2010 94.50 0.00 02/03/2010 Linen City Hall - Annex - No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-6914964 Total: 94.50 629-6914965 01/25/2010 44.94 0.00 02/03/2010 Monthly rug service Station *1 No 0000 101-420-2220 11010 Repairs/Maint Bldg 629-6914965 Total: 44_94 ARAM Total: 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 11300 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 GOVTRNG Government Training Services 22192240 01/21/2010 225.00 0.00 02/03/2010 2010 MCFOA Annual Conference 3/16 - 101-410-1320-44370 Conferences & Training 22192240 Total: 225.00 AP - To Be Paid Proof List (01/28/10 - 1:37 PM) No 0000 Page I Invoice # Inv Date Amount Quantity Fmt Date Description Reference GOVTRNG Total: 225.00 Task Type PO # Close POLine # GRACZYK Graczyk Kevin 1-26-10 01/26/2010 55.00 0.00 02/03/2010 Cable -City Council 1/26/2010 No 0000 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 1 Training - Witter - No 0000 101-420-2220 11370 Conferences & Training 193936 Total: 756.80 HENNCOL Total: 756.80 LINNER Linner Electric Company, Inc. 20758 01/15/2010 695.00 0.00 02/03/2010 Repair Lights - Lions Field - No 0000 101-450-5200-44030 Repairs/Maint Imp Not Bldgs 20758 Total: 695.00 LIMNER Total: 695.00 LOFF Loffler Companies, Inc. 1086434 01/15/2010 157.65 0.00 02/03/2010 Copy Machines overage & Base Jan 10 - I 01-410-1940 11040 Repairs/Maint Contractual Eqpt 1086434 Total: 157.65 LOFF Total: 157.65 METROFIR Metro Fire 36916 01/20/2010 128.48 0.00 02/03/2010 1-3/4 Hose - Fire 410-480-8000-45800 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 MNDNR MN DNR 1961-1031 01/30/2009 1,774.00 0.00 02/03/2010 Annual DNR Water Use Permit 601-494-9400-43820 Water Utility 1961-1031 Total: 1,774.00 AP - To Be Paid Proof List (01/28/10 - 1:37 PM) No 0000 No 0000 No 0000 No 0000 Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference MNDNR Total: 1,774.00 MORTON MORTON SALT 298441 01/14/2010 10,969.48 0.00 02/03/2010 Road Salt 101-430-3125-42290 Sand/Salt 298441 Total: 10,969.48 299879 01/15/2010 1,593.23 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 IN 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 801233824.001 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 Meters 601494-9400-42300 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 POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 3 Invoice # Inv Date Amount Quantity Pint Date Description Reference 16898 01/25/2010 204.00 0.00 02/03/2010 Water Invoices 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 11010 Repairs/Maint Contractual Bldg 01/13/2010 01/13/2010 256.50 0.00 02/03/2010 Cleaning Fire Hall 101-420-2220 14010 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 SAMSCLUB Sam's Club 360163120031213 01/25/2010 46.61 0.00 02/03/2010 City Hall Supplies 101-410-141042000 Office Supplies 360163120031213 01/25/2010 91.50 0.00 02/03/2010 Fire Station Supplies 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 Assistance Program 101410-1320-44330 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 101-420-2220-43210 Telephone 837908817-026 Total: 79.98 SPRINT Total: 79.98 Report Total: 33,111.79 AP - To Be Paid Proof List (01/28/10 - 1:37 PM) Task Type PO # Close POLine # No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 4 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: CONSENT ITEM 4: MOTION ") 3/10 # 3 As part orConsent - Resolution 2010-007 Resolution Accepting the Work from the 2009 Street improvement Project and Authorizing Payment No. 4 (Final). Ryan Stempski, Assistant City Engineer Bruce A Messelt, City Administrator /;,1'. P/I Tom Bouthilet, Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: 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 200o Street Improvement Project work. has been reviewed by staff and is fullcompeted 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 2nli. 2011. Additionally, Tower Asphalt has submitted Payment Certificate No. 4 (Final) in the amount of S30.489.08 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 S417.811,50. The actual cost to complete the work was S400.470.52. which equates to a total savings of S17.340.98 The final assessment hearinL, for the 2009 Street improvements will be held in October 2010. -- page' 1 -- City Council Meeting Resohrtion Acceprirw 2009 Stivcr improvement Project,,, am/ A whorLing Payment Fchrtialy 3. 2010 Consent ALienda Item 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. lf done so, the suggested action would he as follows: "Move to approve Resolution No. 2010-007 accepthzg the work for the 2009 Street Improvement Project and authorizing Final Payment No. 4 in the amount of S.30,489.08 . . (Ls amended/modified 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 contract. WHEREAS, the one-year Warranty for the improvements began on February 3rd 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 be 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: , 2010CITY OF LAKE ELMO By: AI 1EST: Bruce A. Messelt City Administrator Dean A. Johnston Mayor Resolution No. 2010-007 TKDA The right time, The rigltpeaple,Tha right aanapaivc . January 25, 2010 Honorable Mayor and City Council Members City of Lake Elmo 3800 Laverne Avenue Lake Ehno, Minnesota 55042 Re: Engineer's 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 Skeet, Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0003 Fax www,(01a.com We have reviewed the work under Contract for the 2009 Street Improvement 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 (Tower Asphalt, Inc.) is recommended. The one,year.Warranty Period will begin on February 3, 2010 and end on February 2nd, 2011. Sincerely, - Ryan . Project Manager DMK:art cc: Bruce Messelt, City Administrator Mike Bouthilet, Public Works An Employee Owned Company Prornollap Affirmative Action and Equal Opportunity TKDA The right time. The right people. The right empty, 444 Cedar 61reet, Su Ito 1600 Saint Paul, MN 56101-2140 (651) 292-4400 (651) 292-0063 Fax www.tkda.com i Proj. No. 14353.001 Cert, No, 4 (F) St. Paul, MN, January 6 , 20 10 Owner Contractor To City of Lake Elmo. Minnesota This Certifies that Tower Asphalt. Inc, For 2009 Street hnorovements Is entitled to Thirtv Thousand Four Hundred Eivhtv-Nine Dollars and 08/100 FlNAL being 4th estimate for par-t4a4 payment on contract with you dated July 7, Received payment in full of above Certificate. TKDA Tower Asphalt, Inc. , 2010 Ryan W. Stempsld, P.E. RECAPITULATION OF ACCOUNT CONTRACT PLUS EXTRAS PAYMENTS Contract price plus extras 417,811.50 Allprevious payments 369,981.44 All previous credits Extra No, II Compensating Change Order No, 1 (17,340.98)1 Credit No. AMOUNT OF THIS CERTIFICATE Totals Credit Balance There will remain unpaid on contract alter payment of this Certificate $ 30,489,08 400,47(1.52 $ 400,470.52 1 $ 400,470.52 $ 400,470.52 II $ An Employee Owned Company NowlinAffirmativo Action and Equal Opportunity 30,489.08 ) 2009 CREDITS CHANGE ORDER I KDA Engineers-Architects-Plarmers Compensating Saint Paul, MN January 6 20 10 Proj, No, 14353,001 Change Order No. To Tower Asphalt. Inc, for 2009 Street Improvements for City of LOCO Elmo. Minnesota You are hereby directed to make the following change to your contract dated July 7 , 20 09 , The change and the work affected thereby is subject to all contract stipulations and covenants, This Change Order will (increase) (decrease) (net -change) the contract sum by Seventeen Thousand Three Hundred Forty Dollars and 98/100..,.....„....,.......... ...... ($ 17.340.98 1, COMPENSATING CHANGE ORDER This change order shows the actual quantities installed et the unit price bid amounts (see attached iternintion): NET CHANGE (17,340,98) Amount of Original Contract $ 417,81150 Additions approved to date (Nos, ) $ Deductions approved to date (Nos, ) $ Contract amount to date $ 417,811.50 Amount of this Change Order (Add) (Deduct) (No-Cliarige) $ (17,340.98) Revised Contract Amount $ 400,470.52 Approved City of Lake Elmo TKDA Owner By BY Ryan W. Stempski, P.E. Approved Tower Asphalt. Inc. White - Owner • Contractor Pink' Contractor 13 luc TI(DA By ESTIMATE NO. 4 (FINAL) PERIOD ENDING: December 11, 2009 2009 STREET IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO, 14353.001 ITEM CONTRACT QUANTITY UNIT AMOUNT NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE EDEN PARK DEVELOPMENT 1 MOBILIZATION LS 1 1.0 $ 1,000.00 $ 1,000.00 2 TRAFFIC CONTROL LS 1 1.0 $ 600,00 $ 500,00 3 SILT FENCE LF 30 $ 2,50 $ 4 INLET PROTECTION EA 0 9.0 $ 100.00 $ 900,00 5 SAWCUT PAVEMENT (ALL TYPES) LF 208 63.0 $ 2,00 $ 126.00 6 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (DRIVEWAY) SY 60 400 $ 6,00 $ 20000 7 REMOVE E. DISPOSE OF EXIST. STORM SEWER (AU. TYPES & SIZES) LF 16 16.0 $ 20`00 $ 320.00 8 SUBGRADE CORRECTION SY 20 $ 10.00 $ 9 LOAD & HAUL RECLAIMED MATERIAL (LV) (P) CY 459 459.0 $ 0,00 $ 2,754.00 10 RECLAIM EX. BIT. AND BASE MATERIALS, 8-INCH DEPTH SY 14269 14,268.0 $ 1,50 $ 21,402.00 11 SUBGRADE PREPARATION OF RECLAIMED SURFACE FIB 39 39,0 $ 100.00 $ 3,900.00 12 2360 TYPE LV 3 BITUMINOUS NON•WEAITING COURSE TN 1276 1,386.0 $ 51.85 $ 71,63525 13 2360 TYPE LV 4 BITUMINOUS WEARING COURSE TN 1275 1,130.0 $ 54.10 $ 61,133.00 14 BITUMINOUS MATERIAL FOR TACK COAT GAL 713 500,0 $ 1,50 $ 750,00 15 2"- 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE . SY 50 40,0 $ 16,00 $ 800.00 16 SAW & SEAL STREET (40' INTERVALS) IF 3009 2,998,0 $ 1.55 $ 4,643.80 17 ADJUST MANHOLE CASTING EA 2 2.0 $ 400,00 $ B0000 18 D412 CONCRETE CURB & GUTTER LF 15 20,0 $ 70,00 $ 2,030,00 19 REPAIR AND ADJUST CATCH BASIN EA 9 0,0 $ 1,000.00 $ 9,000.00 20 12" RCP FES WITH TRASH GUARD EA 1 1,0 $ 900.00 $ 000,00 21 CL, 3 RIPRAP WI GEOTEXTILE FILTER FABRIC CY 3 3.0 $ 100.00 $ 300.00 22 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 25 60,0 $ 15.00 $ 000.00 SUBTOTAL - EDEN PARK DEVELOPMENT $ 103,694,05 EDEN PARK 2ND ADDITION 1 MOBILIZATION LS 1 1.0 $ 1,000.00 $ 1,000.00 2 TRAFFIC CONTROL LS 1 1.0 $ 500.00 $ 500.00 3 SILT FENCE LF 326 285,0 $ 2.60 $ 712.60 4 INLET PROTECTION EA 2 2,0 $ 100.00 $ 200.00 5 SAWCUT PAVEMENT (ALL TYPES) LF 118 86,0 $ 2,00 $ 176,00 6 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT SY 25 40 0 $ 5,00 $ 200 (DRIVEWAY) 7 SUBGRADE CORRECTION SY 1652 - $ 2.75 $ $ LOAD & HAUL RECLAIMED MATERIAL (LV) (P) CY 216 216,0 $ 6.00 $ 1,298,00 8 RECLAIM EX, BIT, AND BASE MATERIALS, 8-INCH DEPTH SY 2822 2,822,0 $ 1.50 $ 4,233.00 10 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 8 6.0 $ 100,00 $ 600.00 11 2360 TYPE LV 3 BITUMINOUS NON -WEARING COURSE TN 252 256.0 $ 51.05 $ 13,735.90 12 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS (INCL, 4" BIT CURB) TN 268 221,0 $ 64.10 $ 11,955.10 13 BITUMINOUS MATERIAL FOR TACK COAT GAL 141 140.D $ 1.50 $ 210,00 14 2'- 2300 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 25 20,0 $ 15.00 $ 300.00 15 SAW & SEAL STREET (40' INTERVALS) LF 476 460,0 $ 1.55 $ 697.50 16 REPAIR AND ADJUST CATCH BASIN EA 2 2.0 $ 1,400.00 $ 2,800.00 17 SAWCUT GATOR BASIN EA 1 - $ 200,00 $ - 13 SODDING SY 244 426,0 $ 3,00 $ 1,276.00 SUBTOTAL - EDEN PARK 2ND ADDITION $ 39,896.00 THE FOREST DEVELOPMENT 1 MOBILIZATION LS 1 1,0 $ 500.00 $ 500.00 2 TRAFFIC CONTROL LS 1 1,0 $ 500.00 $ 500.00 3 SILT FENCE LF 90 90.0 $ 2,50 $ 225.00 4 INLET PROTECTION EA 3 3,0 $ 100,00 $ 300.00 5 SAWCUT PAVEMENT (ALL TYPES) LF 130 06,0 $ 2,00 $ 198.00 8 REMOVE 8 DISPOSE OF EXIST. BITUMINOUS PAVEMENT (DRIVEWAY) SY 25 22.0 $ 6,00 $ 110.00 7 SUBQRADE CORRECTION SY 1175 - $ 2.75 $ - 8 LOAD & HAUL RECLAIMED MATERIAL (LV) (P) CY 318 316.0 $ 8,00 $ 1,908.00 9 RECLAIM EX. BIT. AND BASE MATERIALS, 9-INCH DEPTH SY 5977 5,977,0 $ 1,60 $ 5,955,50 10 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 17 17.0 $ 100,00 $ 1,700.00 11 2360 TYPE LV 3 BITUMINOUS NON -WEARING COURSE TN 534 640,0 $ 52,65 $ 28,431.00 12 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS TN 538 $ 64,10 {INCL. 6" BIT CURB) 540,0 $ 29,214,00 13 BITUMINOUS MATERIAL FOR TACK COAT GAL 290 276.0 $ 1,50 $ 412.50 14 2"- 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 25 22,0 $ 15.00 $ 330,00 15 SAW & SEAL STREET (40' INTERVALS) LF 1606 1,529,0 $ 1,65 $ 2,369.95 18 D412 CONCRETE CURB & GUTTER LF 179 179.D $ 25.00 $ 4,475,00 17 REPAIR AND ADJUST CATCH BASIN EA 3 3.0 $ 1,000.00 $ 3,000.00 18 SODDING SY 00 120,0 $ 3.00 $ 350.00 SUBTOTAL - EDEN PARK 2ND ADDITION $ 82,926.95 ESTIMATE NO. 4 (FINAL) PERIOD ENDING' December 11. 2009 2009 STREET IMPROVEMENTS GIN OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14353,001 ITEM NO. DESCRIPTION CONTRACT QUANTITY UNIT AMOUNT UNIT QUANTITY TO DATE PRICE TO DATE MYRON ELLMAN SUBDIVISION 1 MOBILIZATION LS 1 1,0 $ 1,000.00 $ 1,000.00 2 TRAFFIC CONTROL. LS 1 1.0 $ 500.00 $ 500.00 3 SILT FENOE LF 85 63,0 $ 2.50 $ 167.50 4 SALVAGE & REINSTALL SIGN EA 2 1.0 $ 160,00 $ 150.00 6 SAWCUT PAVEMENT (ALL TYPES) LF 181 231.0 $ 2.00 $ 462.00 6 REMOVE & DISPOSE OF EXIST, BITUMINOUS PAVEMENT (DRIVEWAY) BY 65 680 $ 6.00$ 340.00 7 REMOVE & DISPOSE OF EXIST. CONCRETE PAVEMENT SY 22 4,0 $ 10.00 $ 40,00 (DRIVEWAY) 8 SUBGRADE CORRECTION SY 1300 61.0 $ 2.75 $ 140,26 9 LOAD & HAUL RECLAIMED MATERIAL (LV) (P) CY 358 368.0 $ 6.00 $ 2,145.02 10 RECLAIM EX, BIT. AND BASE MATERIALS, 8•INCH DEPTH 5Y 3490 3,498,0 $ 1,60 $ 5,247,00 11 SUBGRADE PREPARATION OF RECLAIMED SURFACE RS 13 13.0 $ 100,00 $ 1,300.00 12 2360 TYPE LV 3 BITUMINOUS NON -WEARING COURSE TN 813 307,0 $ 52.65 $ 16,163.55 13 2360 TYPE LV 4 BITUMINOUS WEARING COURSE TN 313 290,0 $ 54.10 $ 16,689.00 14 BITUMINOUS MATERIAL FOR TACK COAT GAL 175 160.0 $ 1.50 $ 240,00 16 2"- 230D TYPE LV 4 BITUMINOUS WEARING COURSE, DRIVE SY 06 08.0 $ 16.00 $ 1,020.00 16 6" CONCRETE DRIVE SY 22 - $ 80,00 $ - 17 SAW & SEAL STREET (40' INTERVALS) LF 706 765.0 $ 1.55 $ 1,170,25 18 ADJUST EXISTING GATE VALVE BOX EA 2,0 3.0 $ 200.00 , $ 600.00 19 ADJUST CURB STOP EA 1,0 1.0 $ 200.00 $ 200,00 20 SODDING SY 259.0 542.0 $ _ 3.00 $ 1,626,00 SUBTOTAL - MYRON ELL MAN SUBDIVISION $ 48,192.56 TABLYN PARK ENTRANCE ROAD AND PARKING LOT 1 MOBILIZATION LS 1 1,0 $ 3,500,00 $ 3,500,00 2 TRAFFIC CONTROL LS 1 1.0 $ 500.00 $ 500.00 3 SILT FENCE LF 790 755.0 $ 2,00 $ 1,510,00 4 SAWCUT PAVEMENT (ALL TYPES) LF 85 • $ 2.00 $ - 5 REMOVE & DISPOSE OF EXIST. PAVEMENT SY 1882 1,802.0 $ 2.00 $ 3,724,00 6 SUBGRADE CORRECTION SY 289 • $ 3.00 $ 7 COMMON EXCAVATION DY 640 640.0 $ 3.00 $ 1,920.00 8 SUBGRADE PREPARATION RS 5 5.0 $ 100.00 $ 500.0C 9 PLACE & COMPACT RECLAIMED MATERIAL (FROM OTHER SITES) CY 697 787.0 $ 4.00 $ 3,068.00 10 2360 TYPE LV 3 BITUMINOUS NON -WEARING COURSE TN 156 154.0 $ 62.85 $ 8,108.1r; 11 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS TN 183 $ 6q.10 (INCL. 4" BIT CURB) 186,7 $ 10,100.17 12 BITUMINOUS MATERIAL FOR TACK COAT GAL 87 60.0 $ 1.50 $ 76.00 13 SAW & SEAL STREET (40' INTERVALS) LF 388 368.0 $ 1,66 $ 670.40 14 15" RCP CL. 5 STORM SEWER PIPE LF 49 44.0 $ 25.00 $ 1,100.00 16 15" RCP FES WITH TRASH GUARD EA 1 1.0 $ 970.0D $ 070,00 16 48" DIAMETER MANHOLE, TYPE 40BS (0'-10' DEPTH) EA 2 2.0 $ 2,750,00 $ 5,500.00 17 CATCH BASIN, TYPE 404 EA 1 1.0 $ 2,260,03 $ 2,260.00 18 CL. 3 RIPRAP W/GEOTEXTILE FILTER FABRIC CY 3 3.0 $ 100.00 $ 300.00 19 SEEDING, FERTILIZER AND WOOD FIBER BLANKET SY 35 275.0 $ 3,00 $ 825,00 20 SODDING SY 604 390.0 $ 3,00 $ 1,170,00 SUBTOTAL - TABLYN PARK ENTRANCE ROAD AND PARING LOT $ 46,690.97 TOTAL ESTIMATE NO. 4 (FINAL) r$ 400,470.52 LkKE ; 4t, Tr", — ‘4,4,140310. irT DATE: 2/0312010 REGULAR ITEM: 4 MOTION StaffDirection AGENDA ITEM: One Year Review of Bus/Truck Terminal Interim Use Permit at 11530 Hudson Boulevard North SUBMITTED BY: Kyle Klatt. Plann 0- Directo THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REQUESTED: The City Council is asked to receive a one-year reviewof the Bus/Truckin2 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 Permit, unless there are specific questions or concerns regarding the busitruckin2 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 prcpared by the City Attorney at the time of the ori2inal 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 Pennit was originally approved by the Council on December 12'1' 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 usc, subject to the standards for a non-agricultural low impact use. At the time of the initial request. the Plannin2, Commission and Council were presented with detailed information concerning thc proposed activity and the City's ordinance requirements for such an interim use. This information can he made available to the City Council, if requested, paLL 1 -- City Council Meeting One Year Review of Bus Truck Terminal Interim Use Permit Februarrr 3rd, 2010 Regular Agenda Since the City's approval was granted, the trucking business has moved into the site and begun operations as a truck storage and maintenance facility. 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-agriculturai 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 since 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 fi-om the wav 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 he provided in all 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 perrnit. The condition of trees can be further evaluated as part of the two-year renewal process. Interim Le 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 terms 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 City Council Meeting One Year Review of Bus/Truck Tenninal 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 SUGGESTED ORDER OF BUSINESS: Introduction of Item.... ......... ........... .......... ............. ........ City Administrator Report/Presentation Planning Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate ..... ............ ...... ........ Mayor Facilitates Call for Motion ......... ..... . ........ ........ . ..... ............ ...... Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates --page3-- 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 Elmo City Code Section 154.019. D. Applicant has requested that the City allow a portion of the Property to be used as a bus/truck terminal as illustrated on the Site Plan attached as Exhibit A (Site Plan): E. On the 30th day of October 2008, Applicant submitted a completed application for an Interim Use Permit, F. On the 10th day of November, 2008, the Lake Elmo Planning Commission, at a public hearing, reviewed the Interim Use Permit application, city staff -- page 1 -- CONSENT AGREEMENT INTERIM USE PERMIT comments and reports, Applicant's comments and reports, public comments, and recommended approval of the interim bus/truck terminal use subject to certain conditions, On the 1st day of December, 2008, and on the 9th 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. H. On the 2"d day of February, 2010, the Lake Elmo City Council completed a one-year review of the interim use 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 itself, 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. B. 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 be 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 Applicant's Property shall continue to be used for agricultural purposes. 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; 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 Acknowledgement 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 OF LAKE ELMO By: Dean Johnston Mayor E AND E PROPERTIES, LLC Attest: By: Terry Emerson Its: By: Bruce A. Messelt City Administrator S: \Land UselInterirn Use11 1530 Hudson Blvd 1\11Interim Use Agr Rev 1-27-1 0.doc page 3 -- /4.01.10M4=1.11.31017.4,, CMC OC AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: c"-% (). f fi'// DATE: REGULAR ITEM: MOTION Authorization to Proceed with Plans and Specifications for 2010 Sealcoat Project Ryan Stempski, Assistant City Engineer Bruce Messelt. City Administrat Jack Griffin, City Engineer Tom Bouthilet, Finance Director 2/03.'2010 Stqff Direction SUIVIMARy AND ACTION REQUESTED: The City Council is asked to receive a presentation and update from the City Engineer and staff regarding 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 Jor 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 rninor repairs before they become more invasive and expensive. 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 2(109 includes sufficient funds for conduct of the proposed 2010 Sealcoat Project, STAFF REPORT: The City Engineer and staff will he present to review their report and recommendations at tonieht's City Council meeting, pagc• 1 -- City Council Meeting Authorization to Proceed with Plans & Specifications for 2010 Sealcoat Project Pcbruan 3rd, 20/0 Regular Agenda RECOMMENDATION: The City Council is asked to receive staffs review of the proposed 2010 Sealcoat Project and 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 or 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 Mee i SUGGESTED 0 ER OF BUSINESS: Introduction of Item ................ ................... ...... . City Administrator Report/Presentation.. ............... ........ ........... ........ City Engineer/Staff Questions from Council to Staff ...... .......... ..... ........... Mayor Facilitates Public Input, if Appropriate .......... ....... ................ Mayor Facilitates Call for Motion ....... ........ . ........... ................. ....... Mayor & City Council Discussion ................ ..... ...................... ....... ...... Mayor & City Council Action on Motion... ........... ........................... ........... ................ Mayor Facilitates pagc 2 -- 04.7' C444. \s4.;4.4444444,444,14744,4,44-44,44--4,4)' AGENDA ITEM: ; 44.444' 4,444' DATE: 2703/2010 CONSENT ITEM #: 6 MOTION as pail of Consent Amendment to Joint Powers Agreement with MPCA Regarding _Additional Cost for City -Desired Water System m pro v em ems SUBMITTED BY: Ryan Stcmpski, Assistant- City Engineer THROUGH: Bruce Messelt. City Administrator ," REVIEWED BY: Jack Griffin, City Elltrl -e - SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda. the Citv Council is asked to approve an Amendment to the Joint Powers A .rreement with the MPCA regarding additional costs for Citv-desired or necessary changes to contracted water distribution system improvements related to the landfill clean-up. These additional costs are in the amount of S 62-L No specific motion is needed, as this is recommended to be part of the overall approval of the Consent .-Igencia, BACKGROUND INFO ATION: Two small on -site conditions emerged during - construction and installation of infrastructure improvements relating to conversion of Lake Elmo residents to the City's potable water system from PFC-tainted private wells. These conditions were either not included or anticipated in the original scope -of -work. These include: Identification and replacement of 29 feet of copper line between the water main and the curb stop due to extensive pitting and leaking: and Installation. at the request of the City Engineer, of an additional 20 feet of water main to better fit thc identified slope. better accommodate a fire hydrant, and avoid a gas line. STAFF REPORT: The - Engineer and Administrator have met with MPCA and reviewed the change orders and find them to be both appropriate and necessary. Both the City Engineer and Administrator will be present to review their recommendations at tonight's City Council meeting, if necessary. pagc i City Council Meeting Fe/7?-146,7:r 3rd, 201( Amendment to NIPCA Agreement Regardinu Water Infrastructure Costs Consent Agenda T6 RECOMMENDATION: It is recommended that the City Council approve as part of its Consent Agenda the proposed Amendment and execution by the City Administrator thereof in the amount of S624. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion to approve this recommendation would he: "Move to approve the proposed Joint Powers Amendment and Execution by the City Administrator thereof, of an additional remuneration of $624, as presented herein." Or a similar. alternative motion. as proscribed by the City Council. ATTACHMENTS: Draft Amendment #1 to B34219 SITGGESTED 0 ER OF BUSINESS (if removed from the Cotzsent .42-enda); Questions from Council to Staff ............... ....... ........ ...... ......... Mayor Facilitates Call for Motion ...... Mayor & City Council Discussion...... ..... .................... ....... Mayor & City Council Action on Motion Mavor Facilitates :`BRAff!'...AMENDMENTNO.1. TO 13342.I9 Formatted: Font: Bold Contract Start Date: Original Contract Expiration Date: Current Contract Expiration Date: Requested Contract Expiradon Date: August 7, 2009 September 30, 2009 September 30, 2009 April 1, 2010 Total Contract Amount: No Cost Original Contract: $0.00 Previous Amendinent(s) Total: $0.00 This Amendment: $0.00 This agreement is an amendment to the Joint Powers Agreement between the State of Minnesota, acting through its Minnesota Pollution Control Agency, ("MPCA" or "State") and the City of Lake Elmo ("City"), identified as Contract No. B34219. Deletions are shown as strikethroughs and additions are shown underlined, Recitals Under Minn. Stat. § 471.59, subd. 10, the MPCA and the City are empowered to cooperate with one another to perform projects that either party is authorized to perform. 2. Under the Landfill Cleanup Act, Minn. Stat. §§115B.39-11513.445, the MPCA administers the closed landfill cleanup program and is authorized to enter into agreements to undertake response actions at qualified closed landfills. On November 21, 1995, the MPCA, Washington County, Ramsey County, MI the City entered into a Landfill Cleanup Agreement for the Washington County Landfill ("Landfill"). Under the Landfill Cleanup Agreement and the Landfill Cleanup Act, the MPCA is performing environmental response actions resulting from a release of contaminants at the Landfill, 3. A release of perfluorochemicals (PFCs) from the Landfill was discovered in 2004. Residential wells near the Landfill have been impacted by the release. In April 2006, a well located at 9524 Stillwater Boulevard, Lake Elmo, used by the homeowner for drinking, cooking, and bathing was found to be contaminated with perfluorobutanoic acid (PFBA) at a concentration of 12 ug/1, The Health Based Value for PFBA is 7 ug/I. In December 2008, the concentration of PFBA increased to 19 ug/l. In addition, perfluorooctanoic acid (PFOA)was also detected in the well at 0.7 nil. The Health Risk Limit for PFOA is 0.5 ug/l. The concentrations of PFBA detected at this location are the highest level of PFBA recorded in a drinking water well in Minnesota. 4. On June 16, 2006, the Minnesota Department of Health (MD1-1) issued a drinking water well advisory to the homeowner and recommended that the homeowner not use the water for drinking and cooking. As a result of the MDH advisory, the MPCA has been providing bottled water to the homeowner as an alternative source of water. 5. Based on the December 2008 sampling results, the MDH sent a memo to MPCA, dated February 19, 2009, recommending that the homeowner be provided a more permanent source of water through connection to the City's public water supply. MDI1 made this recommendation for the following reasons (1) the concentration of PFBA in the well is more than double the chronic and acute Health Based Value; (2) because of likely past exposure to PFCs in the water, future exposures should be eliminated to the extent possible to reduce possible long-term health risks; (3) a granular activated earbon (GAC) filter would be an'inadequate and costly alternative because PFBA is estimated to break through a standard 90-lbs GAC filter in approxiinately 76 days; (4) the elevated levels ofPFBA detected could result in possible exposure to PFBA while showering or bathing; and (5) providing the homeowner with a new well would be an environmentally risky alternative because the well would need to be constructed into the Franconia aquifer which would increase the risk of introducing PFCs to this aquifer, 6. The MPCA's cost -benefit analysis determined that connecting the homeowner to the City's public water supply would be the most -beneficial and cost effective option compared to installing and maintaining a GAC filter system or constructing a new private well, 7. The City requires that newly installed water mains within the City be a minimum of 6-inches in diameter. Join( Powers Agweenlent (Rev. 6/R3) 'DRAFT" AMENDMENT NO. 1 TO B34219 Formatted: Font: Bolo 8, In general, MPCA project specifications to provide.a water supply connection for the homeowner to City water„ . LDeietedinciude ) included completing a connection to an existing 4-inch water main with a 6-inch ductile steel pipe, which„rtins . l': Deleted: will run ) along the MnDOT right-of-way, installing a 1-inch copper service connection between the water main and the ......„....... homeowner's house, and installing necessary valves, a hydrant, and other appurtenances, 9. The City :requested the MPCA,upaize the new water main from a 6-inch diameter pipe to a I27inch diameter pipe , j Deleted: wants because of the City's desire to meet future water infrastructure needs. The upsizingresulted in the following ( Deleted: to changes to the project; installation of a 12-inch DIP water main pipe instead of a 6-inch DIP water main pipe; n Deleted: will result installation of a 12-inch gate valve; installation of one 6-inch gate valve instead of two; and installation 01216 DIP fittings instead of 100. The City is willing to be responsible for the additional costs associated with the upsizing and improvements as provided in this agreement. 10. The MPCA,had theproject dcsigned.and,„receiyedbids_from, contractors through the Minnesotapepartment of Administration process for construction of the project. 11. The MPCA, accepted the bid of EnComin Midwest, Inc, to construct theproject. Inaccordance.witiathe_hid submitted by EnComm Midwest, inc., the cost of the project with installation of the 6-inch 'diameter pipe_ $44,489 whereas the cost of the project with upsizing to the 12-inch diameter pipe,..sP3,335, The difference_ in cost — that which„repres,W.dtlie costto tripettlteCitylsftitureinfrasti:ticturerieeds—,,,..taale004,6.1.. _ ..„. I 12. The City Feviewed the project design and specifications(CO ofLake BIT°, ,Minnesota Construction plansfor MPCA Lake Elmo Water Main Extension, Short Elliott Plendrickson- 24, 2009) (specifications found in Request/or Bid, Lake Elm© Water Main Extension, May 7, 2009) andmgest that the design and specifications of .. the prejeetrAllat c"?11990P8 ‘Y4tqrP)Y: 13. To comply with the State's contracting process, the MPCA all all. funds necessary for the project hefore the State, through the Department of Administration, „entered into the construction contract. 14. D.R.igti,',9-Pat10:9114-Ittg-1-V.-39AR11-1X.$911PVS4101,-_,k.gglitiVSIK4Q1:00Y-W.Sik9.9-Y.SIMAARNM5,10,91:A.. conditions that reouired perfortnina additional work to install the water connection. This additional work was not inpltidQUillikoitistailope..ofty.orkM the, clontyact,The work included re,placiint..an additional 29 feel or miner line between the water main and the curb slop that serves a neiRhbortmproperty 'because theicislinglime City. --(Deleted: has fieleted: has • ( Deleted: inlends to accent I Deleted: is Deleted: is ' - Deleted: represents 1 1De1eted: toials ] Cieleiarl; has— -- — — 1 ' I Deleted: agrees --[ Deleted: mice: Deleted: must encumber Deleted: enters Formatted: List Paragraph, No bullets or numbering tttttttttrattrIttltrocartralttnttt..tritr=tmerrattttlgttt.rtator,tAttrtr Formatted: Font: Times New Formatted: List Paragraph, No 1.5. 1)11.0),V.,T90111 dr.1h.aL all alt.giti)llig....Z.Q...feet..K0er.11010.h.y bullets or numbering installed to the east to better fit the slope anina down to a low arca, to better acconimodatta hydrant. and to avoid -I Formatted: Font: Times New 1(1 feet further east than antioinated. Theretbre, a net addition of 10 feet of 12-inch water main was installed, 11Pgrzling_lbis_.19.1:PsLQ.CHge.r..mairtfrP,m_a.0.7_ingtuYaq.C...J.PARSULI.LittqlD).1lIVKID4ittAgsildAINKVkA).. ......... been the responsibility of the Citt. 16. Ille.101al_Sq.St..01_01.c...ild.cliti.01.0...NYOrkii1911.1.S..1.4,4114.151iliZ(1,,A.Sigaiig.b.Kg4.40w119(.01S-Jfi2ii,k1.9g.5..k included in Attachment A. which is attached hereto and made 41 Nit hereof. 17. Inorder to avoid delays in completing the nroieet. the MPCA. authored its contractor throuli a contraet - - .41113.11(1111qat.P...P.lthr.111_01.e 18. ,The C,itvtas agreed toreimburse the. 1\11'CA. $624..forthecost..of the additinnaiNVO 19, The MPCA has naid the contractor in tbr the work it nerformed. Joint Powers Agreement (Rev. 6/03) 2 i-Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No buliets or numbering I Formatted: Fent: Times New ,V.:1 6 n trt uttr„,, tt, r Formatted: List Paragraph, No bullets or numbering Formatted: Font: Times New Formatted: List Paragraph, No bullets or numbering Formatted: List Paragraph, No bullets or numbering :!DRAFT" AMENDMENT NO. 1 TO B34219 (Formatted : Font: Bold Agreement 1. Terms of Agreement 1.1 Effective date of this aniendinent: 2009....or thedate the Stateobtains all requiredsignatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: ,,Avat..1..,,291Q, or until all obligations. have been satisfactorily fulfilled, whichever occurs first, 2. Agreement between tlie Parties 2.1. The Recitals are incorporated into this Agreement. 2.2. MPCA's Resnonsibilities: The MPCA shall construct a connection to the City's water supply for the resident living at 9524 Stillwater Boulevard, Lake E1mo, Minnesota using project specifications for a 12-inch water main. The project will be constructed in accordance with the project specifications tinder a construction contract between the State and the contractor hired by the State to perform the work. The MPCA shall pay for the cost of the project, including contractor costs,, the City's water.availahility charge of $3,675, and the City's meter and water connection permit fee of $435, Instead of paying the water availability charge of $3,675 and the ineter and water connection permit fee of $435 to the City, the MPCA will offset (credit) $4,110 from the,$9,470 amount that theCity.owes the MPCA for the upsizing to the 12-inch water main and for the replacement of the iwighhg, wrytge,liqq. 2.3. City's Responsibilities: The City shall cooperate with the State to accomplish the project. The City shall obtain access and all necessary permits from the Minnesota Department of Transportation (MnDOT) for the MPCA to install the water main, hydrant, valves and connections for the project within the MnDOT right-of-way along Trunk Highway 5. DIeSitY.A31111.P.U..55,36.9....42_01P Mr_CA.,(O_LitUhkire_otthe.12.1:9.1.P.C1...1:1151A.W.1h101..i§..k...$1i4h1.(!iall...11g(lthaed with maxiuo the water main from a 6-inch diameter nine to a 12-ineh diameter nine and the $624 cost of the giditigtliti.R.9)*A.O.Pli.hqd.ANIYALin...tkvisA15,04 .. kOni.411.4...$11.1„Q.,..thpionglatdot..11x.NR,c.A..voicthms paid the City for the water availability charae and the meter and water connection ocrrnit fee„. Once construction of the project is completed, the City shall be the owner of the newly installed water main and associated valves up to, and including, the curb stop at the homeowner's property line and shall be responsible for maintaining the water main and associated valves. 3 Payment 3.1 The MPCA shall pay EnComin Midwest, Inc,, its construction contractor, for construction of the project in accordance with a contract between the MPCA and EnComm Midwest, Inc, Joint Powers Aureement (Rev 6/03) Dome': July 21, 2009 l Deleted: September 30, 2009 Deleted: vihich totals, $53,335, Deleted: 98,846 3 Deleted: The City shall pay the MPCA $4,736 for its share of the projeot. This amount is the $8,846 cost associated with voicing the water main from a 6-inch pipe ta a 12-inch diameter pipe, minus $4,110, the amount that the MPCA would have paid the City for the water availability charge and the meter and water connection permit fee, i,Deleted: Deleted: , S53,335 TRAIIS" AMENOMENTNO. 1 TO B34219 3.2 The City shall pay the MPCA„,10,c.thy,,ApEil,,L.2919, 4 Authorized Representatives 4.1 The State's Authorized Representative is Shawn Ruotsinoja, Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155, (651) 757.2683. 4.2 The City's Authorized Representative is,43roccXessa,City of LakeT,Imo Administrator, 3800Laverne (Deleted: Craig Dawson Avenue North, Lake Elmo, Minnesota 55042, (651) 233-5401, Except as amended herein, the terms and conditions of the Original Contract are expressly reaffirmed and remain in full force and effect. The Original Contract is incorporated into this amendment by reference. I. STATE ENCUMBRANCE VERIFICATION 3. MINNESOTA POLLUTION CONTROL AGENCY Indio/do( c4r4fi0s chat Pads hare been encamhered as required by Minn. Star. § !GAAS and I 6C,05, By: (with delegated authority) Signed: Date: Date: CPMS Contract No, B34219 2. CITY OF LAKE ELMO By: Title: Date: 13y: Title: Date: Joint Powers Agreement (Rev 6)03) 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Title: Date: Distribution: Agency Governmental Unit State' 5 Authorized Representative - Photo Copy Formatted: Font: Bold eted: $4,736 Deleted: within 30 days niter the MPCA provides written notification to the City that the project is complete DRAFT" AMENDMENT NO, 1 TO B34219 Formatted: Font: Bold ,Attae4 Cost Tare:' 1. Replacement of neiebbor's Corner sery ,t' A Contractor's bid .for i.nstallinv, cower service. Tyne K = n16/1.,f, Total-a}notthe,of_cohper.serv_, c ,installed,__ 29.,Feet $16/l,f. x 29 feet = $464,00 2, Additional,,, Bg5. d cm_c.cn)ttactor"s bia_hrices,,; Additional water main installed = S16/1,l x 1.0 feet = $160,00 Joint Powers Agreement (Rev. 6/03) sfr lt_golk-ii g t.9 Formatted: front: Times Roman \=meauer,trez.nrattra,r" DATE: 2/03/2010 REGULAR ITEM #: 7 DISCUSSION SicyjDirection AGENDA ITEM: Presentation on CodeRED Emergency Notification System SUBMITTED BY: Mr. Brian Chovka, CodeRED Regional Representative THROUGH: Bruce A. Messelt, City Administratoic, REVIEWED BV: Fire Chief Malmquist SUMMARY AND ACTION REQUESTED: This item has been scheduled at the request of City Administrator Messelt in response to conversations with the City Council regarding potential purchase and utilization of an emergency and nine -sensitive official community communication and notification system. The City Council is asked to receive an on-line and telephonic demonstration of the CodeRED Emergency Notification System. which has widespread success and strong support among a variety of local and regional government, including several in Minnesota. BACKGROUND INFORMATION.: Tonight's Presenter, Bryan Chovka. is the Regional Representative for CodeRED Emergency Notification System. In addition to communicating through a variety of media — land -lines. cell phones. text messaging, and email, the system also allows for various pre-set and ad hoc selection of geographic and/or operational sub -sets with which to communication. Emergency calls can he generated by any number of means: in the field. via the Dispatch Center, or from the Office. Additionally. real-time data generation and call tracking allows for monitoring. follow-up and additional response, if needed. Finally. recent linkages with the National Weather Service allow for immediate transmission of emergency weather notifications through the CodeRED system. STAFF REPORT: City staff recommends scheduling of this presentation, especially given Lake Elmo's interest in strong community service and safety. City staff has direct experience with the CodeRED system and have fOund it quite effective. In addition to emergency communications, some communities have also allowed for select utilization for official communications of a particular community value or importance. such as election reminders. major events, etc. 1,)::E2e 1 -- City Council Meeting FebruaiT 3rd, 2010 Presentation on CodeRED Emergency Notification System Regular Agenda 7 RECOMMENDATION: Based upon the above and attached background information, it is recommended that the City Council view the proposed presentation and engage in a discussion regardiru4 the potential acquisition of CodeRED. No specific Council action is required or recommended at this time. though direction regarding potential acquisition is requested. Alternatively. the City Council may elect to forgo some or all of the proposed presentation and discussion. as appropriate. and or determine if additional follow-up activity is warranted. ATTACHMENTS: Background information on CodeRED Erneruency Notification System SUGGESTED ORDER OF BUSINESS: Introduction of Item ............................... Report/Presentation ......... . ..... Mr. Questions from Council to Presenter ..... Public Input, if Appropriate Discussion .......... ..... ..... .............. ..... ..... ......... ....... City Administrator Brian Choyka (via internet/telephone) ...... ..... Mavor Facilitates ..... ..... . Mayor Facilitates ......... ...... ...... Mavor & City Council — page 2 — CodeRED - Rapid Emergency Communication Service Page 1 of 1 Home Services Demo Press Links Contact Us Log In Sales Customer Service Welcome CodeRED The CodeRED Emergency Notification System is a high volume - high speed Communication Service available for mass Emergency Notifications. CodeRED employs a one -of -a -kind Internet mapping capability for geographic targeting of calls, ccupled with a high speed telephone calling system capable of delivering customized pre-recorded emergency messages directly to homes and businesses at the proven capacity of millions of calls per day. CodeRED subscribers control their eniergency broadcast from anywhere in the world via a secure Internet web site. CodeRED offers an unprecedented level of security, robustness, performance, and ease -of -use for government agencies, communities, and businesses. There are three simple steps Involved in launching a CodeRED® calling campaign: 1. Define your calling data base using the CodeRED Internet Mapping tool and client calling lists 2. Record your message using the 3. Launch your calls CodeRED Interactive Voice Response IncI Its that easy to deliver critical emergency messages In lightning fast time. We would Ilke to applaud the efforts of all the emergency personnel who work hard to safeguard the lives of others across the nation. Our appreciation goes out to all our current CodeRED government partners for their dedication to better serve their communities and help in constructing the best emergency notification tool available. About Us I Contact Usl Log In CodeRED co and Emergency Communications Network ) are registered trademarks of Emergency Communications Network Inc. Copyright 19913 - 2010 Version; 2.0.0.1 CodeRED. All rights reserved. http://www.coderedweb.net/ 2/1/2010 CodeRED - Rapid Emergency Communication Service Page 1 of 2 Home Services Emergency Notification Features Benefits Demo Press Links Contact Us Log In Sales Customer Service Emergency Notification The CodeRED emergency notification system is an extremely high speed telephone communication service that can deliver customlzed pre-recorded emergency messages directly to homes and business at the proven capacity of millions of calls per day, CodeRED subscribers control their emergency broadcasts from anywhere In the world vla the secure CodeRED web site. CodeRED subscribers have the fastest and most accurate communication system available without spending one penny of budget funds on computer equipment, telephone lines or additional.personnel. CodeRED's unique mapping feature allows subscribers to access a map of their community to select the area to receive emergency message, Emergency Communications Network (ECN) provide s each client with a calling data base for their community. Any additional data that can be obtained by the client can be merged into the calling database to further enhance accuracy (example: utility billing records or 911 data). ECN also makes it easy for residents to add their cell phone or other contact information through a residential update webpage. CodeRED subscribers have access to the most sophisticated calling equipment as well as thousands of telephone lines 24 hours a day 365 days a year. When the safety and lives of citizens arid businesses are at risk, think CodeRED for your emergency notification needs, • eaa Typical CodeRED emergency alert system uses: Environmental (Natural Disasters) Fires Floods Tidal Surges Dangerous Water Conditions Water Safety Alerts Dam/Levy Breaks Mudslides Avalanches Snow Emergencies Evacuation Routes Evacuation Notices Search and Rescue Missing Children Missing Elderly Missing Disabled Schools and Universities Schap' Lockdowns Evacuations School Closings Campus Crime Bulletins Bomb Threats Health Alerts Campus Event Notifications Faculty/Staff Notices Weather Advisory/Snow Emergencies Shelter -in -Place Notifications This section contains the following topics: • Emergency Notification • Features • Benefits Corporate Rapid Intemal Communication Rapid Client Notification Man -Made Disasters Terrorism Threats Bomb Threats Nuclear Hazards Bio Terrorism Threats Chemical Spills Gas Leaks - HAZMAT Emergencies Hostage'Situations Purpose of Alarm (Instructions after alarms have been Issued) Crime Prisoner Escape Warning Neighborhood Crirne Watch Support Sexual Predator Alert Public Works Drinking Water Contamination Viral Outbreaks Utility Outages Street Closings Planned Outages Restoration of Service Alert Water Boll Alerts Water Usage Restrictions About Us I Contact UsiLog Iri http://www.coderedweb.net/EmergencyNotification.aspx 2/1/2010 CodeRED - Rapid Emergency Communication Service Page 1 of 2 Horne Features Services Emergency Notification Speed Features Benefits Demo Press Links Contact Us Log in Sales Customer Service The CodeRED dialing Infrastructure is capable of placing far more telephone calls into an area than the typical city's telephone infrastructure can accommodate. Therefore we believe it would be misleading to advertise our "theoretical maximum" calling capacities, as those rates could never be achieved by any single subscriber. In setting our clients expectations regarding calling speed we reference our proven capacity of millions of calls per day as this throughput can be realized for 980/o of our client communities. For those communities that require faster calling throughput, or for those that cannot accommodate our standard calling speed, CorieRED's port configuration can be custom set for each individual community to insure the best possible calling rates without creating network congestion. Delivering messages to voicemail and answering machines If a person does not answer the telephone, CodeRED's patented RealCall technology will deliver the message In Its entirety to voicemail and answering devices without looping the message. This unique CodeRED feature Insures your messages are not truncated, a problem associated with less sophisticated automated dialing arid answering devices. Messages that are delivered In their entirety eliminate call backs from residents who only heard a partial message„. a critical advantage during times of crisis. TTY/TDD Calling The CodeRED message can be delivered in text format to hearing impaired TTYITDD equipment. Multilingual messaging The CodeRED system provides the ability to record more than one message, to accommodate multilingual messaging. Email and Text Messaging High-sgeed email and text messaging capability come standard with the CodeRED system, Launch from anywhere CodeRED messages can be launched from any telephone! New calling areas can be created and selected from any PC with Internet access. Call out programs can be delivered Immediately or prepared in advance for launch at a later date and time. Cutting edge mapping tools Utilizing proprietary mapping software, CodeRED subscribers access a map of their community to select the area to receive emergency MeSS4f MS. Robust data capabilities Emergency Communications Network (ECN) provides each client with a baseline calling database for their community. Any additional data can be crbtalned by the client can be merged into the calling database to further enhance accuracy (example: utility billing records or 911 date), ECN also makes it easy for residents to add their cell phone or other contact information through a residential update webpage. Real time time results CodeRED allows subscribers to view, in real time, the status of every cnU. The system reports whether the message was delivered to a person, an answering machine, or If the call was not answered. These reports can be sorted by various qualifications to help your community make decisions during crisis situations. Simultaneity CodeRED's robust multithread infrastructure offers a level of unmatched dialing capacity, as seen during Hurricane Wilma in 2005. During this ()lie catastrophic event, CodeRED launched 1.7 million calls In one day http ://www • coderedweb.net/Features.aspx 2/1/2010 CodeRED - Rapid Emergency Communication Service Page 2 of 2 arid totaled 7 million storm related calls across 57 agencies. Each day CodeRED is used hi communities nationwide to deliver emergency messages, System redundancy The stability of the CodeRED infrastructure Is built upon triple redundancy. The ECN family of companles owns, operates and maintains Its own equipment and dialers, which are collocated with our long distance providers In multiple "hardened facilities" around the country. As a result, CodeRED operates independently of', and without regards to, any situation that may exist with the business facilities or structures, This section contains the following topics: • Emergency Notification • Features • Benefits About Us F Contact Us' Log In CodeRED A and Emergency Communications Network® are registered trademarks of Emergency Communications Network Inc. Copyright(* 1998 - 2010 Version: 2.0.0.1 CodeRED, All rights reserved. http://www.coderedweb.net/Features.aspx 2/1/2010 CodeRED - Rapid Emergency Communication Service Page 1 of 1 Home Services Emergency Notification Features benefits Demo Press Links Contact Us Log In Sales Customer Service Benefits • No set up fees No multiple year commitments required • Single cost concept pricing • Easy of use • No hardware or software to purchase • Web -based to allow launching calls from anywhere + Real-time job status ▪ Cost effective ▪ Labor efficient • Complete message delivery every time • Secure • Reliable • Proven technology CodeRED comparison to other notification methods Detailed Instant Description of Notification Incident CocleitED Yes Yes Yes Yes Television (If turned on) (If turned on) Yes Yes Radio (If turned on) (if turned on) Sirens Yes No !Mobile Yes Loudspeakers !Door to door No Yes Detailed Geographic. Instructions Warnings Yes Yes Yes No Accessible Tr ackab le to all Reporting Yes Yes Yes No Yes No Yes No No No No No Yes Yes No No Yes Yes No Yes Through the use of the CodeRED systeme emergency personnel can target all known residents within a geographical area (and/or from a defined call list) to provide fast notification, including all necessary details and instructions. The system provides real time job status and repotting capabilities. This section contains the following topics: • Emergency Notification • Features • Benefits About Us Contact UsI Log In CodeRED,' arid Emergency Communications Networie, are registered tradeinarks of Emergency Communications Network Inc. CopyrIght4-5 1998 - 2010 Version: 2.0.0.1 CodeRED. All rights reserved. http://www.coderedweb.net/Benefits.aspx 2/1/2010